Project Sentinel v. Komar et al

Filing 88

ORDER ADOPTING 85 Findings and Recommendations Granting 68 Default Judgment in Part, signed by District Judge Dale A. Drozd on 06/04/2021.Case is Referred Back to Magistrate Judge for Further Proceedings. Thirty-Day Deadline. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PROJECT SENTINEL,

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Plaintiff,

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No. 1:19-cv-00708-DAD-EPG

v.
JEANETTE KOMAR and SARAH
KOMAR,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS GRANTING
DEFAULT JUDGMENT IN PART
(Doc. Nos. 68, 85)

Defendants.

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Plaintiff Project Sentinel is a non-profit organization proceeding in this fair housing action

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for alleged racial discrimination in violation of state and federal law. This matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 24, 2020, plaintiff moved for default judgment against defendants Jeanette

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and Sarah Komar.1 On April 12, 2021, the assigned magistrate judge issued findings and

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recommendations recommending that plaintiff’s motion for a default judgment be granted in part

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and denied in part. (Doc. No. 85.) Those findings and recommendations were served the parties

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and contained notice that any objections thereto were to be filed within fourteen (14) days from

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the date of service. (Id. at 41.) On May 11, 2021, after observing that mail to defendants Jeanette

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Defendant Meyer Komar was dismissed without prejudice after plaintiff learned he may be
deceased and plaintiff was unable to identify a successor-in-interest. (Doc. No. 76.)
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Komar and Sarah Komar was being returned to the court as undeliverable, the undersigned

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directed plaintiff’s counsel to serve a copy of the pending findings and recommendations (Doc.

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No. 85) along with a copy of the May 11, 2021 order itself on defendants Jeanette Komar and

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Sarah Komar using their email address of record and using updated or additional email addresses

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of which counsel might be aware. (Doc. No. 86.) The court’s May 11, 2021 order contained

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notice that any objections by defendants Jeanette Komar or Sarah Kumar to the pending findings

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and recommendations (Doc. No. 85) were to be filed within fourteen (14) days from the date of

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service. (Doc. No. 86 at 2.) On May 12, 2021, plaintiff’s counsel filed a notice stating she had

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served the documents in question on defendants Jeanette Komar and Sarah Komar at Jeanette

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Komar’s email address of record and was not aware of any updated or additional email addresses.

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(Doc. No. 87.) To date no objections have been filed, and the deadline to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1. The findings and recommendations issued on April 12, 2021, (Doc. No. 85), are

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adopted in full;
2. Plaintiff’s motion for a default judgment (Doc. No. 68) is granted in part and denied in

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part;

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3. The Clerk of the Court shall enter a default judgment in favor of plaintiff against

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Jeanette Komar, for violations of the Fair Housing Act and the Fair Employment and

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Housing Act;

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4. Plaintiff’s motion is denied as to Sarah Komar and as to all other causes of action;

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5. Plaintiff is awarded $33,812.67 in compensatory damages;

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6. Plaintiff is awarded $61,332.16 in attorneys’ fees and costs;

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7. An injunction shall issue with the following terms:
a. Jeanette Komar, her agents, employees, and all persons in concert or

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participation with any of them, is permanently enjoined from discriminating in

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the rental of dwellings based on any of the characteristics protected by the Fair

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Housing Act, and the Fair Employment and Housing Act, including the

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following:

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i. Refusing to rent or sell a dwelling, refusing or failing to provide or

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offer information about a dwelling, or otherwise making unavailable or

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denying a dwelling to any person because of race, color, religion,

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gender, sexual orientation, national origin, familial status, marital

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status, disability, ancestry, age, source of income or other

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characteristics protected by law;

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ii. Discouraging or encouraging prospective tenants from obtaining

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information about, viewing, applying to rent, or renting any dwelling,

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on the basis or race, color, religion, gender, sexual orientation, national

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origin, familial status, marital status, disability, ancestry, age, source of

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income or other characteristics protected by law;

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iii. Discriminating against any person in the terms, conditions or privileges

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of rental of a dwelling, or in the provision of services or facilities in

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connection therewith, because of race, color, religion, gender, sexual

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orientation, national origin, familial status, marital status, disability,

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ancestry, age, source of income or other characteristics protected by

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law;

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iv. Misrepresenting the availability of apartments for rent on the basis or

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race, color, national origin, sex, handicap, familial status or religion, or

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providing different information about the availability of apartments on

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the basis of race, color, religion, gender, sexual orientation, national

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origin, familial status, marital status, disability, ancestry, age, source of
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income or other characteristics protected by law;

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v. Withholding information regarding the availability of apartments for

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rent on the basis of race, color, religion, gender, sexual orientation,

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national origin, familial status, marital status, disability, ancestry, age,

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source of income or other characteristics protected by law.;

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vi. Taking any action tending to constructively or actually remove or assist

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in the removal of any tenant from a rental unit on the basis of race,

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color, religion, gender, sexual orientation, national origin, familial

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status, marital status, disability, ancestry, age, source of income or

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other characteristics protected by law, including but not limited to

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refusing to accept tendered rent payments, issuing three-day notices,

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filing unlawful detainer actions, or initiating any other type of legal or

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administrative proceeding for alleged non-payment of rent on the basis

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of race, color, religion, gender, sexual orientation, national origin,

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familial status, marital status, disability, ancestry, age, source of

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income or other characteristics protected by law;

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

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published any notice, statement or advertisement with respect to the

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rental of a dwelling that indicates any preference, limitation or

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discrimination on the basis of race, color, religion, gender, sexual

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orientation, national origin, familial status, marital status, disability,

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ancestry, age, source of income or other characteristics protected by

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law;

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viii. Steering persons seeking housing to particular units on the basis of

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race, color, religion, gender, sexual orientation, national origin, familial

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status, marital status, disability, ancestry, age, source of income or

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other characteristics protected by law;

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ix. Inquiring into any prospective tenant's race, color, religion, gender,

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sexual orientation, national origin, familial status, marital status,

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disability, ancestry, age, source of income or other characteristics

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protected by law; and

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x. Employing overly restrictive occupancy limits that have a disparate
impact on families with children;
b. For a period of five years, or if sooner, until Jeanette Komar sells all of her
rental properties:
i. Jeanette Komar and all agents who have contact with rental applicants

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or tenants are required to attend yearly training regarding the fair

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housing laws with Project Sentinel or another HUD-approved agency;

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ii. Jeanette Komar must provide a copy of the DFEH pamphlet entitled

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“Fair Housing” (DFEH- H03B) to all current tenants and to all

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applicants;

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iii. Jeanette Komar must offer alternative forms of communication for

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rental inquiries besides phone; for example, Jeanette Komar must also

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include an email address, rental agent location, or an open-house date,

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or provide at least one method besides a phone number for prospective

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tenants to inquire about or apply for vacancies.

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iv. In all ads, website listings, or signs regarding rental vacancies, Jeanette

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Komar must use the fair housing logo or tagline, “Equal Opportunity

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Housing Provider,” or similar words; and

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v. Jeanette Komar must maintain all records of rental inquiries and rental

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applications, tenant records, and move-out records, and to make such

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records available to Project Sentinel upon Project Sentinel’s request

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after receiving an allegation of discrimination; and

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8. Plaintiff shall show cause in writing why this action should not be dismissed as to
defendant Sarah Komar within thirty days of the date of this order; and
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9. This action is referred back to the magistrate judge for proceedings consistent with this

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order.
IT IS SO ORDERED.
Dated:

June 4, 2021
UNITED STATES DISTRICT JUDGE

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