United States of America v. Witherington et al

Filing 44

CONSENT ORDER entered as fully set out. Signed by Judge Kristi K. DuBose on 9/22/09. (mca) Modified on 9/23/2009 (mca).

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TINITED STATES DISTIUCT COURT FOR THB SOUTI{ERN DISTRICT OF ALABAMA SOUTTIERN DIVISION

IN

TI#

LINITED STATES OF

AMERICA,

Plaintiff,

vs'

j
)

) ) ) ) )

clvn ACTroNNo.

oB-043I-KD-B

ARTHUR C. WITHERINGTON and ) PINA D. WITHERINGTON a/k/a PINA ) I-I. WITHERINGTON dlb/aPINA'S ) MOBILE HOME PARK. )
I

Defendants.

)

CO]Y.SENT QRDER.

I.

Factual and Procedural Background

The United States initiated this action on July 23, 20Ag against Afihur C. Witherington and Pina D. Witherington alWa Pina H. Witherington d/b/a pINA,S

MOBILE HOME PARK ("I)efendanrs,').
In its complaint, the United States alleges that Defendants violated the Fair
Housing Act, Title

VIII of the civil Rights Acr of r968, 42 u.s.c.

g 3601 , et seq.

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("the Act"), on the basis of familial status with respect to residential rental units or dwellings at the Pina's Mobile Home Park, 1105 Whispering Pines Road, Daphne,
Alabama.

The United States alleges that were this case to proceed to frial, the United
States would present evidence including the following:

1. 2.

At all relevant times prior to the filing of this lawsuit, Defendants

owned and operated Pina's Mobile Home Park, a 60 lot mobile home park. In February and April 2006, Ms. Hope I. Watkins visited the rnobile

home park to inquire about renting

a

mobile home or a lot onto which she could

relocate her mobile home. Having received notice from her cunent landlord in
Fairhope, Alabama to vacate the mobile home park there because the owner was

redevelopingthe property into asingie famiiy subdivision, Ms. Watkins was seeking
replacement housing or another location to relocate
a

mobile home. At various times,

Ms. Watkins was informedby Defendants that: for each child she would be charged

morerentabove the base rental factor; she hadtoo many children after she explained
she had three children; and there were no lots available to locate her rnobile home.

The United States alleges that the conduct of defendants as described in the
preceding paragraphs constitutes refusing to rent after the making of a bona fide offer,

refusing to negotiate for the rental of, or otherwise making unavailable or denying a
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dwellingtoanypersonbecauseoffamilialstatus, inviolationof 42U.S.C.
discriminating in the terms, conditions,
on

$

360a(a);

privileges of rental of

a

dwelling, or in the

provision of services or facilities in connection therewith, because of familial status,
in violatio n of 42U.S.C. $ 3604(b); making, printing, or publishing, or causing to be
made, printed, or published any notice, statement, or advertisement, with respect to

the rental of a dwelling that indicates any preference, limitation, or discrimination
based on familial status, or an intention to make any such preference, limitation, or

discriminationo in violation of 42 U.S.C. $ 360a(c); and representing to persons
because

of familial status that a dwelling was not available for rental when

such

dwelling was in fact so available, in violation of 42 U.S.C. $ 3604(d). I)efendants
have admitted to a thirty-year practice of charging more money per child and lirniting

families to two children as of the time they move into the premises.
The United States further alleges that Defendants' conduct as described above

constitutes a pattem or practice of resistance to the full enjoyment of rights granted

by the Act; and a denial to a group of persons of rights granted by the Act, which denial raises an issue of general public importance, in violation of 42 U.S.C.
$

3$a@).
The parties desire to avoid costly and protracted litigation and agree that the claims against Defendants should be settled and resolved without the necessity of
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trial. The parties have
signatures below.

agreed to the entry of this Consent Order, as indicated by the

Therefore, it is ORDERED, ADJUDGED and DECREED as follows:

II. Injunction

1.

Defendants, their agents, employees, successors, and all persons in active

concert or participation with them are hereby enjoined, with respect to the rental

of

dwellings, from:

a.

Refusing to rent after the rnaking of a bona fide offer, or refusing
a

to negotiate for the rental of, or otherwise making unavailable or denying,

dwelling

to any person because of familial status;

b.

Discriminating against any person in the terms, conditions, or

privileges of the rental of a dwelling, or in the provision of services or facilities in
connection therewith, because of familial status;

c.

Making, printing, or publishing, or causing to be made, printed,

or published any noticeo statement, or advertisement, with respect to the rental of a

dwelling that indicates any preference, limitation, or discriminationbased on familial
status, or an intention to malce any such preference, lirnitation, or discrimination;

d.

Representing to any person because

of familial

status that a

dwelling is not available for rental when such dwelling is in fact so available,

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e.

Coercing, intimidating, threatening, or interfering with any person

in the exercise or enjoyment of, or on account of his or her having exercised or
enjoyed, or on account ofhis or her having aided or encouraged any other person in
the exercise or enjoyment of, any right granted or protected by the Fair Housing Act;

f. g.

Charging additional rent or fees to households based on the

numberof childrenunder l8; and

Limiting or attempting to iimit the nurnber of children under

18

who may live in a mobile home or mobile home lot (except that defendants may
comply with any reasonable state or local restriction regarding the maxirnum number

of occupants permitted to occupy a dwelling).

III.

Nondiscrimination Policies and Procedures

2.

Defendants' responsibilities under this Consent Order shall apply to each

and every dwelling unit, and each mobile home lot, in which any Defendant has an

ownership, management, or other financial interest. Dwelling units subject to this Order are hereinafter referred to as "covered dwelling units," a current list of which
is attached as Exhibit

A. Defendants'

signatures to this Order serve as a certification

of the completeness and accuracy of this list.

3.

Defendants shall prepare and implement uniform, non-discrirninatory

Policies and Procedures regarding the rental of covered dweiling units that shall be

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applied equally to all applicants, actual and prospective, regardless of their familial
status (having children, regardless of the number of children, under 18). The Non-

Discrimination Policy shall be in the form shown in the attached Exhibit B.

IV.

Notice to Public of Nondiscnirnination Policies

4,

Within thirty (30) days after the date of entry of this Consent Order,

Defendants shall take the following steps to

noti$

the public of their nondiscrimina-

tory policies:

a.

In the reception and business office areas maintained by the

Defendants for the mobile home park business and at the tanning and fitness center

offices, Defendants shall prominently post fair housing signs no smaller than ten

(I

0)

inches by fourteen (1a) inches that indicate that all mobile homes or lots are available

for rent on

a

nondiscrirninatory basis. A poster that cornports with 24 C.F,R. Part I I 0

will satisff this requirement.

b.

Whenever any covered dwelling unit is available, Defendants shall

prominently post an easily readable "For Rent" or "Vacancy" sign or notice at the mobile home pa.rk. The sign or notice shall include the slogan "Equal Flousing Opportunity" and/orthe fair housing logo. Such slogan and logo shall be prominently
displayed and easily readable.

c.

Include the words "Equal I{ousing Opportunity" and the fair

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housing logo in all rental advertising conducted by Defendants, their agents or
employees, in newspapers, flyers, handouts, telephone directories and other written

materials; on radio, television or other media broadcasts; and on all billboards, signs,
pamphlets, brochures andotherpromotional literature, providedthatthis requirement does not compel Deftndants to advertise

in any of these media, but does require

compliance with this provision whenever Defendants so advertise. The words and/or

logo shall be prominently placed and easily readable.

d.

IncludethefollowingNoticeofNon-Discriminationphraseinthe

standard rental app lication and the standard rental agreement used for covered rental

dwelling units, and include the Notice in all rules, regulations, advertising of any kind, whether print, verbal or electronic rnedia, of Pina's Mobile Home Park. In addition, any correspondence, physical or electronic, from the Witheringtons on behalf of Pina's Mobile Home Park shall contain within the signature block the following Notice:

"NOTICE: We are an equal housing opportunity provider.
We do not discriminate on the basis of race, color, sex,

national originn religion, disability or familial status."
Letters of equal or greater font size to those of the text in the body of the document are required.

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' 5.

V. MandatorY Training

Within thirty (30) days of the entry of this Consent Order, Defendants

shall provide a copy of this Order and the Nondiscrimination Policies and
Procedures to their agents and employees involved in showing, renting, or

managing of any and all covered dwelling units and secure the signed statement

from each agent or employee acknowledging that he or she has received and read
the Order and the Nondiscrimination Policies and Procedures, has had the

opportunity to have questions answered about the Order and Nondiscrimination policies and Procedures, and agrees to abide by the relevant provisions of the
Order and said policies and procedures. This statement shall be in the form
I

of

Exhibit C.

6:

During the term of this Order, within five (5) days after each new agent

or employee becomes involved in showing, renting, or managing any covered

dweiling units, Defendants shall provide a copy of this Order and the
Nondiscrimination Policies and Procedures to said agent or employee involved in
showing, renting, or managing of any and all covered dwelling units and secure the signed statement from each agent or employee acknowledging that he or she
has received and read the Order, had the opportunity to have questions about the

Order answered, and that he or she has also received and read the

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Nondiscrimination Policies Procedures, and agrees to abide by said policies and
procedures and the relevant provisions of the Order. This Statement shall be in the

form of Exhibit C.

"

7.

Within sixty (60) days from the date of entry of this Order, Defendants

and each owner or officer of the Pina's Mobile Home Park involved in management and administration, and all agents and employees of Pina's Mobile

Home Park involved in showing, renting, or managing any covered dwelling units shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of familial status. The training shall be conducted

by an independent, qualified third parfy, approved in advance by the United States,
and any expenses associated with this training shall be borne by Defendants.

Defendants shall obtain from the trainer cerlifications of attendance, executed by
each individual who received the training, confirming their attendance, in a form

acceptable to the United States. This confirmation shall include the nelme of the course, the date the course was talcen, and the length of the course and/or time

within which the course was cornpleted.

VI.

Processing Rental Applications, Record KeepinSo and Compliance Testing

8.

Processing Rental Applications

Within sixty (60) days from the date of entry of this Order, Defendants shall
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develop and implement, with respect to all covered dwelling units, objective,

uniform, non-discriminatory standards and procedures for the processing of
applications, the establishment and maintenance of an Availability List, the
establishment and maintenance of a Waiting List and a procedure for

notising

people who are on the Waiting List about an available unit or lot, and a procedure

for deciding in a non-discriminatory manner which applicants shall be permitted to
rent available dwellings or lots. Such standards and procedures shall be submitted to the United States for approval in advance of their implementation and shall be
consistent with the provisions of this Section. The standards and procedures shall
be posted and prominently displayed in the Pinaos Mobile Home Park rental office

and in any office where there is rental activity andlor personal contact with

applicants (including the tanning and fitness facility on the property), and a copy

of these standards and procedures shall be made available upon request to any
applicant for the rental of a dwelling or

lot. For the duration of this Order, these

rental standards and procedures rnay be modified only if written notice is given to counsel for the United States thirty (30) days before modifications are to take effect.

9.

Record Keeping

With respect to the rental of covered dwelling units or lots, within thitty

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(30) days of the date of this Order, Defendants shall ensure that each of the

following are maintained and updated as new information becotnes available:

a.

An Availability List on a daily basis that includes the address

and dwelling or lot number known to be available or reasonably expected to be

available for rental within thirty (30) days; rnonthly rent for each such dwelling or

lot; security deposit for each such dwelling or lot; the date Defbndants or their
agents or employees were first informed it would be available for rental, and the

first date it would be available for rental or occupancy by a new tenant.
Defendants and their agents/employees shall share information on the Availability

List with each person who visits or calls the rental office to inquire about the availability of rental dwellings or lots;

b.

Guest Cards: A request shall be made of all persons who visit

or inquire about rental units at the Pina's Mobile l{ome Park to

fill

out a Guest

Card providing the date of the visit, the visitor's name, address, daytime and

evening telephone numbers, the number of children under the age of 18 expected

to live in the dwelling or lot, and the date by which they wish to move.
Defendants shall note on the Guest Card the dwelling units or lot the person was shown and whether the person was given an appiication. The top portion of the
Guest Card shall contain the following disclairner: "Thefollowing information is

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requested to assist Pina's Mobile Home Park in complying with thefederal

Fair

Housing Act andwill be kept confi,dential. This information is not required in

order to rent an apartment.";

c.

A Waiting List for all persons who inquire by telephone or in

person about renting a dwelling from Defendants and who are inforrned that there
are no vacancies or available aparfinents to rent, This Waiting List shall indicate

the date of the visit or telephone call, the visitor's or caller's narne, address, daytime and evening telephone numbers, the date on which the person wishes to move and any other relevant information (such as a preftrehce regarding the number of bedrooms). With regard to those who inquire in person, Defendants

shall indicate whether the individuals have any children under 18 and if so, how

many. The Defendants shall also note on the waiting list the date, time, and
employee or other person who contacted any individual to inform him or her

of

any vacancies, and the manner of each attempt to contact persons on the list; and

d.

A Rental Application Log maintained on a daily basis that sets

forth the name of the applicant, the number of children under 18, if any, residing

with the applicant, whether the application for tenancy was approved or rejected,
the lot number occupied for all approved applicants, and a detaiied explanation for

all rej ected applications.

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10.

Compliance Testing

The United States may take steps to monitor Defendants' compliance with

this Order including, but not limited to, conducting fair housing tests at any dwelling in which any Defendant, now or in the future; has a direct or indirect
ownership, management, or financial interest.

VII.

Repbrting Requirements

11. Within sixty (60) days of the date of entry of this Consent Order, and
every six (6) months thereafter for the duration of this Order, Defendants shall

deliver to counsel for the United Statesr a report containing information about Defendants'compliance efforts during the preceding reporting period, including but not limited to:

a.

Copies of all mandatory education acknowledgments signed by

Defendants, their agents and employees, and all certifications of attendance
each participant in such educational program, pursuant to Section

of

V of this Order;

b.

Copies of all Availability Lists, Guest Cards and other

information recorded by any means related to any inquiries regarding the

availability of rental dwellings, including Rental Application Logs, and Waiting
I

All documents or other communications required by this Order to

be sent to counsel for tho

United States shall be addressed as follows: U. S. Attorney, Southern District of Alabama, Attn.: Gary Alan Moore, Assistant United States Attornoy (Affirmative Civil Enforcement), 63 South Royal Street, Suite 600, Mobile, AL 366A2 or as otherwise directed by the United States, lf the Consent Order requires transmission by facsimile, the communication shall also be sent via facsinrile to 25 I .441 .505 I . Page -13-

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Lists maintained pursuant to Section VI of this Order;
Copies of lists setting forth the occupancy of each covered

dwelling or lot by address and lot number, including the name and familial status of each tenant in that dwelling or lot during the reporting period;

d.

Photographs of each office in which rental activity is

conducted, showing the fair housing signs required by Section IV of this Order;
and

e.
t2,

An updated list of all covered dwelling units or lots.

During the period in which this Order is in effect, I)efendants shall

preserve all records that are the source of, contain, or relate to any of the

information pertinent to the obligations under this Order, including all rental
applications, leases, and rental roll ledgers, and occupancy lists for all covered

dwelting units as well as records relating to the transfer of interest in dwelling units as set out in Section XI betow. Upon reasonable notice to counsel

for

,

Defendants, representatives ofthe United States shall be permitted to inspect and

copy all such records at any and all reasonable times or, upon request by the

United States, Defendants shall provide copies of such documents.

13.
notiff

During the period in which this Order is in efhct, I)efendants shall

counsel for the United States in writing within fifieen (15) days of receipt

of

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any written or oral complaint against Defendants, or Defendants' agents or

employees, regarding familial status discrimination in housing. If the cornplaint is

written, Defendants shall provide a copy of it with the notification. The notification shall include the full detaiis of the complaint, including the
complainant's name, address, and telephone number. Defendants shall also

promptly provide the United States all infrrrmation it may request concerning any
such complaint and shatl inform the United States within fifteen (15) days of any

resolution of such comPlaint.

VilL

Compensation of Aggrieved Persons

14.

Within ten (10) calendar days after the date of entry of this Consent

Order, the Defendants shall deliver to the United States a check for TEN

THOUSAND and NO/100 DOLLARS ($10,000) made payable to the order of
Hope I. Watkins; a check for ONE TI{OUSAND and NO/100 DOLLARS (St,000)
made payable to the order of Hope I. Watkins as Mother, Guardian and

Next-Friend, for the use and benefit of

Watkins; a check for

ONE THOUSAND and NO/100 DOLLARS ($1,000) made payable to the order
Courtney Nicole Watkins; and a checic for ONE THOUSAND and NO/100

of

DOLLARS ($1,000) made payabl.e to the order of Marcluis Lapoetry Watkins.
Counsel for the LTnited States shall not forward the checics to the Watkins until the

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United States has received signed originals of the release attached hereto as
Attactunent E and a copy of the Consent Order entered by this Court. The United
States shall forward the executed releases to defendants upon receipt.

15.

Within sixty (60) calendar days after entry of this Consent Order, the

Defendants shall deposit the sum of NINETY-ONE THOUSAND ONE

HLINDRED THIRTY and NO/100 DOLLARS ($91,130) into an interest-bearing
account for the purpose of compensating persons harmed by Defendants'

discriminatory rental practices (hereinafter "aggrieved persons") as showrr on

Exhibit D, attached hereto. In addition, within sixty (60) calendar days of the
entry of this Order, Defendants shall subrnit proof to the United States that this account has been established and the funds deposited.

16.

The United States and Defendants, and their counsel of record, shall

make reasonable efforts and shall

fully cooperate with the other to locate the

present whereabouts and rnailing address of each of the aggrieved persons shown on Exhibit D so that payment in the amount reflected in Exhibit D may be paid to
each such person as soon as possible.

17.

In the event some of those aggrieved persons shown on Exhibit D

cannot, after six (6) months, be located, then Defendants shall not be required to make payment to those aggrieved persons.

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18.

When counsel for the United States has received a check from

Defendants payable to an aggrieved person and a signed release in the form

of

Exhibit E from the aggrieved person, counsel for the United States shall deliver
the check to the aggrieved person and the original, signed release to counsel for

Defendants. No aggrieved person shall be paid until he/she has signed and
delivered to counsel for the United States the release at Bxhibit E.

19.

After the satisfaction of paragraphs 15-18, and expiration of the

coffesponding time periods, any money rernaining in the Settlement Fund shall be
released to Defendants. Additionally, any interest accrued on the Settlement Fund,
less banking charges for the account, which are the responsibility of Defendants,

shall revert to Defendants.

IX. Civit PenaltY

20. Within sixty (60) calendar days after the entry of this Consent Order,
the Defendants shall pay THIRTY THOUSAND and NOliOO DOLLARS

($30,000) to the United States as a civil penalty, pursuant to 42 U.S.C.

$

3614(dX1)(C). Payment shall be delivered to counsel for the United States in the
form of a cashier's check payable to the "United States Treasury."

X. Acquisition of Dwelling Units

21.

If, at any time during ihe term of this Consent Order, any Defendant

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acquires a direct or indirect ownership, management, ot other financial interest in

any other dwelling unit or lot, said unit or lot shall become a "covered dwelling

unit" subject to all relevant provisions of this Order. Defendant shall notiff
counqel for the United States within thirty (30) days of acquiring said interest.

The notice shall include identification of the nature of Defendant's interest in the

property; the address; the number of individual dwelling units; the number of
bedrooms in each uniq the names of any existing tenants; and the number

of

children under 18 residing with each such tenant. Defendants shall also include in their notice to counsel for the United States a copy of the documents

memorializirlgthe transfer in interest and a copy of the lease for any existing
tenant(s).

XI. Transfer

of Interest in Covered Dwelling lJnits

22,

If

at any time while this Order remains in effect, a l)efendant

("transferring Defendant") decides to transfer the entirety of said Defendant's
direct or indirect ownership, managelnent, or other financial interest in a covered

dwelling unit to an unrelated party ("purchaser" or "transferee") in an arms-length
transaction,2 the transferring Defendant shall take the following steps:

For purposes of this Consent Order, "arms-length transactiott" is defined as a transaction sucll as a contract or agreement that has been arrived at in the rnarketplace between independent, nonaffiliated p"rsons, unrelated by blood or marriage, with opposing economic interests regarding that contract. Page -1 8-

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a.

At least thirty (30) days prior to completion of the sale or

fransfer, provide to each prospective purchaser or other transferee a copy of this Order along with written notice that the subject dwelling unit (or units) is (are)
subject to Sections

II - VII

and

XI - Xm of the Order;

b.

At least thirty (30) days prior to completion of the sale or

transfer, provide to the United States, by facsimile and first-class mail, written notice of its intent to sell or otherwise transfer Defendant's interest in the A*rtting

unit(s), along with a copy of the notice sent to each prospective transferee, containing each prospective transferee's name, address and telephone number;

c.

Within thirty (30) days following completion of the sale or

other transfer, the transferring Defendant shall provide to the United States by first-class mail a copy of the documents memorializing the transfer in interest the dwelling unit(s);

of

d.

The transferuing Defendant shall require the transferee, as a

condition of the sale or other transfer, to agree in writing to perform all obligations
and be liable for compliance

with Sections II - VII and XI - Xffi of this Order for

the duration of this Order, with respect to the subject dwelling unit(s);

e.

If

the transferring Defendant complies with parts a, b, c, and d,

above, and thereby transfers all of Defendant's ownership, management, or other

financial interest in the dwelling unit(s) or lots to the purchaser or other transferee,'
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said Defendant Sections

will thereafter
and

be relieved of Defendant's obligations under

II - Vil

XI - XII of this Order, but only with respect to the dwelling

units in which all interest was so transferred. Defendant shall otherwise remain liable for compliance with all sections of the Order with respect to all other
covered dwelling units.

23.

If the proposed transfer of interest is not an arms-length transaction,

the transfening Defendant must cornply with each requirement set out in the

preceding subparagraph a, b, c, and d, above. In addition, the transferring Defendant shall remain jointly and severally liable, along with the purchaser or
other transferee, for any violations of Sections

II - VII and XI - XIII of this Order

with respect to the relevant dwelling unit(s) for the duration of the Order. In
addition, the transferring Defendant shall otherwise remain liable for cornpliance

with the Consent Order with respect to all other covered dwelling units.

XII.

Scope and Duration of Consent Order

24.

The provisions of this Consent Order shall apply to all l)efendants,

their employees, agents, successors, aRd all persons acting in active concert or participation with them.

25.

This Consent Order is effective immediately upon its entry by the

i

Court and shall remain in effect for four (4) years.

26.

The Court shall retain jurisdiction for the duration of this Order to
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enforce the terms of the Order, after which time the case shall be dismissed with

prejudice.

27.
XilI.

All parties shall

be responsible for their own attorney's fees and court

costs, except as provided for in Section

XIII below.

Remedies for Non-Cornpliance, Time for Performance, and

,

Modifications

28.

The United States may move the Court to extend the period in which

this Order is in effect if Defendants violate one or more tenns of the Order or if the
interests ofjustice otherwise require an extension of the terms of the Order.

29.

Any time limits for performance imposed by this Order may be

extended by mutual written agreement of the parties.

30.

The parties to this Order shall endeavor in good faith to resolve

informally any differences regarding interpretation of and compliance with this
Order prior to bringing such matters to the Court for resolution. However, in the
event the United States contends that there has been a failure by any Defendant,

whether

willful or otherwise, to perform in a timely manner any act required by

this Order or otherwise to comply with any provision thereof, the United States
may move this Court to impose any remedy authorized by law or equity, including,

but not limited to, an order requiring performance of such act or deeming such act

to have been performed, and an award of any damages, costs, and attorney's fees

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or which may have been occasioned by the Defendant's or Defendants' violation failure to perform.

31.

The parties agree that in the event that any Defendant engages in any

future violation of the Fair Housing Act, such violation shall constitute a
"subsequent violation" pursuant to 42 U.S.C' $ 3614(d)'

32.

The parties further agree that in the event Defendants fail, within

sixty (60) calendar days from the date of entry of this Consent Order, to 'deposit
in the fult amount of $91,130 in good funds into the banking account described tf
15, above, and/or fail to pay to the Ur:ited States the

full amount of $30,000 in

good funds as described in fl 20, above, the United States shall move the Court to
enter judgment against the Defendants,

jointly and severally, for the total sum of

agree the $121,130 in favor of the United States. The Defendunl* expressly

Motion by the United States shall be represented to the Cour[ as being filed without opposition by Defendants. If the Court desires confirmation of such
provide consent to judgment, Defendants expressly agree they shall immediately

such notification to the United States Attomeyos Office and to the Court. Further,
in the event of Defendants' failure to timely or fully pay as required in $s 15 and
20, Defendants completely understand no money

wilt

be returned to them, nor

will

any interest earned on any funds be paid to them, and their assets and income

will

judgment amount. be subject to execution by the United States to reoover the
Page-22-

Case 1:08-cv-00431-KD-B Document43

Filed 09/1812009 Page 23 of 34

LINITED STATES DISTRICT JUDGE

By their signatures below, the parties consent to the entry of this Consent Order.

3or the United States:
ERIC H. HOLDER, JIT. AttorneY General

Acting Assistant Attorney General Civil Rights Division

Chief ELIZABETH A. SINGER Director, U.S. Attys' Fair Hous. Prog. Housing and Civil Enforcement
Section

Civil l{ights Division
U.S. Department of Justice 950 Pennsylvania Ave., N.W. Northwestern Building, 7th Floor Washington, D.C. 20530 Telephon e: 202.5 14,6164 Facsimile : 202.514. 1 1 t6

Page -23'

Case 1:08-cv-00431-KD-B Document43

Filed

09/18/2009 Page 24 ot 34

EUGENE A. SEIDEL LINITED STATES ATTORNEY (ACTTNG)

Dated: September JI,2009.

o0RG68sl)
United States Attorney's Office 63 S. Royal Street, Suite 600 Mobile, Alabama 36602 Telephone: [phone]

Facsimile: 251.441.5051
For Defendants:

.

Esquire (BOL014)

P. O. Box 1965 Fole;i,n AL 36536

25r.943.3860

David Horton, Esquire (HOR039)
P. O. Box 1965 Foley , AL 36536

Pina D. Withdringto& also

as Pina H. Witherington

Doing Business as Pina's Mobile Home Park
Page -24-

i,
I

Case 1:08-cv-00431-KD-B Document43

Filed 09/1812009 Page 25 of 34

Exhibit A List of Covered Dwelling Units
Addres-s

Np. of Re;rtai.-Units

1105 Whispering Pines Road

Daphne, AL 36526

All Mobile Homes at this Address All Lots onto which a Mobile Home
or RV or CamPer Trailer maY be located at this Address

Any Other dwelling PossibilitY' including bui not limited to RV or CarnPer'frailer Locations

"

Page -25-

Case 1:08-cv-00431-KD-B Document

43

Filed

09/18/2009 Page 26 of 34

Exhibit B

NONDISqRIMTNATIOR{ BQLICY
It is the policy of Pina's Mobile Home Park to comply.with Fairllousing Act, Title VIII ofihe Civit Rights Act of 1968, as amended by the Fair_Housing Amendments Act of 1988, 42 U,S,C. $ 3601, 9! seQ., by ensuring that mobile homes and lots onto which a rnobile home,-recreational vehicle or travel trailer may be installed are available to all persons withoutregardto familial status (having children number under aqe 18- resardless ofihe number of children). This policy means that, among age 1 8, regardless other thiogs,'Piia's Mobile Home Park and all its agents or employees with the responsibility forrenting ormanagingany dwellingunits rrrustnotdiscriminate inanyusp.r aspect of the rental of d'wellings agJinsi qualified applicants or tenants because of familial status. Such agents and employees may not:

a. Refuse to rent after the making of a bona fide offer, or refuse to negotiate
for rental of, or otherwise make unavailable or deny, a dwelling to any person because of familial status;

rental of a dwelling, or in the provision of services or facilities in connection therewitho because of familial status;

b. Disqiminate against any person in the terms, conditions, or-privileges of

c. Make, print, or publish, or cause to be made, printed,. or Rubiished ?ny

notice, statbment, or advertisement, with respect to the rental of a dwelling that indicales any preference, limitation, or discrimination based on familial status, or an intenti,oh to make any such preference, limitation, or discrimination; Represent to any person because of familial status that y dwelling is not available for rental when such dwelling is in fact so available;

d.

e. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoymeni of, or on account of his or her having exercised-or enjoyed, or on acbount of his or her having aided or encouraged any other petso1l in the exercise or enjoyment of, any risht granted or protected by the Fair Housing Act;

f.

Charge extra rent based on the number of children under 18 in the household; or

Page -26-

Case 1:08-cv-00431-KD-B Document43

Filed

09/18i2009 Page 27 of 34

g. Limit the number of children under 18 who oan move into or live in a mobile from"-oi *oUifi home lot (except that we may comply with any

reasonable state or local restriction regarding the maximurn number oI occupants permitted to occupy a dwelling)'
Any agent or employee who {a41 to comply with this non-discrimination policy will be *,iui|.t tr uffopiiate disciplinary urtion, which may include termination. ;ti'91{1ut .n bV uit agenr or'emplbyee that results in the unequal 191vjce, li#tment or behavior to tenants on tlie 6asis of familial status may constitute a violation of state and federal fair housing laws'

il;

Page -27-

Case 1:08-cv-0043't-KD-B Document43

Filed

09/18/2009 Page 28 of 34

Exhibit C
Employee/Agent Acknowledgment of Receiving and Reviewing Order and Nondiscrimination Policies and Procedures

I have received a copy of the Consent Order entered in Unite{ Statps v, Witherington-et al., Civil Action No.08-043I-KD-B (l.p Alil. I have also
@yemployer'sNondiscriminationPoliciesandProcedures'The were explained to
Consent Ord& and thi, Nondiicrirnination Policies and Procedures me by my employer, and all questions c_oncerning-these documents were answered. t hav6 reid anh understoodth6 Consent Order andthe Nondiscrimination Policies and Procedures.

DATE

EMPLOYEE/AGENT NAME (PRINT)

BMPLOYEE/AGENT SIGNATURE

Page -28-

Case 1:08-cv-00431-KD-B Document

43

Filed 09/18 20Ag Page 29 of 34

Exhibit D
attached) (see list of aggrieved persons, landscape print mode, separately

Page -29-

Case 1:08-cv-00431-KD-B Document

43

Filed 09/1812009 Page 30 of 34

Bxhibit E
Rdlease

In consideration for the partrysl-lgreement to tf:,t*H:-,?T*^9"S^tnt Order Action No' 08entered in Unitra Silw v. Artit,r Q,-Witttetington, tt-a!., Cjvil payment t? p. of $ -" ,r

il*uantt"ilJ;;-uii**u.;fin l,Iherebv.ia;99-i19i"t'^*::*p:.:11"'.1Tff '#tb the ritierii; referenced above, or r any way.related ii'rr.o il,'irr"^iu|* arising from theiousing discrimination 0;ti:KD:@fendants'
i"-trr*tlir[;;""p
i" tnrifirigurion, ;"d ;t ottr.t cl-ai*iq
to and includinglhe date.of execution of this release, "jdfira have afainst #y ofth.e Defendants, all related entities, parents, ; r"g 1n|t predecessors, successors, suosrcraries and affiliates, and all of their.past and officers, agents, managers, supervisors, shaieholders and *a ifr"ii heirs, eiecuiors, adininistritors, successors or assigns.

ffi#;[;;;i;, ffiily;r

Executed this

day

of

,20a9.

[Print Name]

[signature]

[Address]

[Telephone] Wifiress:

[address and telephone number]
Page -30-

(NOTE: in this chart we prsume teoant rmains through June '09 for all instmces wh're shown in 2008 ledger '!heef'; dollar anount is adatitioEal re.nt only, not including htffest or othr damages ft tenants and childrn could claim)

pini's Mobile llome Park Tenants Wlfr Chililren Below

18,

After Efrective Date of Statue (3/1989)

Last Name

First Name

Lot#

Number of Children, etc.
2 (R 500)

Move-In
Date
9105

Move-Out Date

Total Additional Amount Charged 0ver Time
imputed as included in Ds rent of their owned unit 2 (children) x $15 (extra) x 3 (months):$90.

BAKER

Dorcus

B-14

t2l0s

BOUTRIES BROOKS
cf)
P

Wendy
Randy

B-17

2 8,452)
2 (R s02) 2 (R 10e7)

va6
10/0s
610s

still there

2x15x37:$1,100

B-23 A-8

still

there

2xl5x45:$1,350
2x15x7:$210
1x15x89:$1,335
imputed as included in Ds rent of their owned unit

-lf
c)

CAMPBELL

Kelly
Kolleen
Debbie

10/06

c DENTON
E

A-6

I (below
(R 447)

18)

2D004 9l0s

Still there (appears not payrug after 9/08) Still there (appears not
payrng late1y)

DOANA

B-l

2 (R s21)

2x15x46:$1,380

EVAI{S
cf)
I I

Carolyn
Celena

A-5
B-18 B-1s

2(R514)
2 (R457)
1 (notes

tu92
3107

* o o
C)

Still there (appears not papng lately)
7ta7 6t08

2x15x198:$5,940

HICKS

2x15x5:$150
imputed as included in Ds rent of their owned unit 1x15x78:$1,170

@

c r
C)

o' MORROW U
(It

Jeremy

va2

from2/17/09
conf of parties)

Last Name

First Name

Lot#

Number of Childrenn etc.

Move-In
Date
9107

Move-Out
Date

Total Additional Amount Charged Over Time
imputed as included in Ds re,nt of their owned unit

NEWBTJRN

Christy

B-14

2(R448)

Still there

Zxl5x22:$660

NICIIOLS
o,

Monte

A-9
B-16

1

(R44e)

r0107

Still there
12106

1x15x21:$645

o NORRIS oI C\ o SMITH o) o E g
LL

Kim
Houston

I (R4sl)
son, grandson & daughter-in-

9106

1x15x4:$60
1x15x148:$2,224 see notes re9/06re additional people berng charged
rmputed as included in Ds rent of their owned unit

B:I

2t97

still

tbere

law
( R 476)

s

STALLINGS

Barbara

A-8

I (notes from 2lL7l09 conf of
parties) 2 (R 10e8) 2 ( R loee) 2

7/98

12t04

lxl5x78:$L,L7A
7/A8

SHEPARJ)

Ken

B-5 B-5

Still tlere
6102

2x15x12:$360

SULLTVAN
r
cf)

Michael
Barbara

val
wa2
4130186

Zxl5xl5:$225
2x1SxL5:5225

s O
O I
@

WAITLS

A-9
B-27

(R

1100)

t2/03
Sandra turned 18 in 1993 and still there; Statute effective 3/89

o BLANKENSHIP I

Giselle

c r

Sandra ( R 480)

I

lxl 5x57(from effective date
to 18 birthdaypgg55

o o (5 O

nbown

Darry

A-9

4 all below 18 ( R 4ee)

9t05

6/07

4x15x22:$L32A

tast Nanre

Firsf Name

Lot#

Number of Childrenr,etc.
1

Move-In
Date
9/41 7/99

Move-Out
Date 7lav

Total Additional Amount Charged Over Time

DRAWIIORN

Kelly
Pamela

B'I6
A-4

(R5le)

lxlSxl l=$165

DRISIMLL
CLAY-FORD
FLOWERS

2:Y7:'
tsJ,9 (R515)

Bi

Still there red 18 in'08 Still there

ru

BJ

1x15x114=$1,710

1xll5xl2o=$t,8oo

Cynthia

C4

2(R465)

I/A2

2x15x90:$2,7AA

GREENHAW

Lynda

B"Itr

1
3
:

(R474and 6/97

Krystie firrned 18 in
2A04 pynda G. Johnson is still there)

1xl5x91*$1,365

516)

JONES

Rickie..Sallie

B-r3

(R481)

6/1983

statut0 effective 3/89 Shirlei 18, -rqed 1990 Doe turned 18, 1992

lxI5x21=$315 titr5x4f*$625
1xlSxI4.tr*$2,115

Rickie turned 18,2000

KNOWLES LORD

Oeneva Stephen

B-12
2

r (Rs1?)

10/08

still thore
8,/31107 evicted non-

lxl5x9-$135
2x15x6:$180

(R

423,sAD 3ft7

pay

lh

said $30/ea., not $15 ea. ( R423)

il

McMANN
NADNR

Biil
Josgph

N2
A-1

2(R458)

10/05

aog
Josepl 18 in 1999 parents still ftere

2x75x3V=$l,l I0 1xl5x87:$1,305

I (Joseph ,11)
( R 475)

10t92

Last Name

First Name

Lot#

Number of Children, etc.

Move-In
Date
6/83

Move-Out
Date

Total Additional Amount Charged Over Time
1x15x117=$1,755

STRASSER

Russell

B-2

I (Paul,3)
( R 482)

still there Paul hrned 18 in 1998; statute eff.3/89
6/49

LESCII
JOHNSON
STRASSER

Rosalyn

B-8

r { R 1101)

5/08 10i05

lxl5x13=$195
1x15x4=$60

Kimberly
Paul

l
B-20
1

( R 1102)

v06
t2/03
3ta3 2/03

&

(R n03)

r/02

lxl1x}4:$360
lx15x21:$315 lx15x27:$405

Ashleigh

MEARS

Amanda Julie

c-6
A-12

l(R 1104)
1

7for
2140

GILSDORF
co

(R 110s)

$

c

I
!
I

damagcs as calculated above, the sliding scale for additional conpensatary danages (which will partially reimburse the aggrieved persoa for the value of the lost money over time $ lintrst foregone eamingsl, enbanassmen! humiliatio4 pain and suffering etc.) to b added to their achdl dqm'ges. The stiding scale
operates as follows:

! NOfn: Assuni"g we oan locate thes tenants for palanent of aaaral

Y
I

r cf) .f, O O
I

. . .

If actualdamages<$500,add$l,00Aincompensatorydamages (Appendix Ashows 15households) If > $500 and < $1,000, add $1,500 (Appendix A shows 3 households) If > $1,000 but < $2,000, add $2,000 (Appendix A shows 11 households) If > $2,000, add $2,500 (Appendix A shows 5 households)

?
o
O

Nt\GMoore\Witherington, adverse USA\Tenant Chart 6-11-09 EX D to CD-Revised 9-l l-0g.wpd