Intermountain Fair Housing Council, Inc. v. Bonneville Apartments et al

Filing 37

CONSENT ORDER. The Defendants will pay within thirty (30) days of the entry ofthis Consent Order in this proceeding the total sum of $24,000.00 in monetary damages to the Plaintiff Intermountain Fair Housing Council, Inc. The complaint filed in this proceeding is dismissed with prejudice. The Court,however, shall retain jurisdiction for the term of this Consent Order to enforce the terms of this Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
INTERMOUNTAIN FAIR HOUSING
COUNCIL, INC.,

)
)
)
Plaintiff,
)
)
vs.
)
)
ROYAL PROPERTIES MANAGEMENT, )
LLC, KENT LOTT, INGRID LOTT, and )
JOSE AVILA,
)
)
Defendants.
)
____________________________________)

CASE NO. 4:14-cv-433-BLW
CONSENT ORDER

I. INTRODUCTION
A. Background
1. This Consent Order is entered between the Plaintiff Intermountain Fair Housing
Council, Inc. and the Defendants Royal Properties Management, LLC, Kent Lott, Ingrid Lott,
and Jose Avila.
2. The real property that is the subject of this action is the Bonneville Apartments located
at 635 Park Avenue, Idaho Falls, Idaho 83402 (hereinafter “the Subject Property”).
3. This action is brought by the Plaintiff for declaratory judgment, permanent injunctive
relief and damages on the following bases: Count One—Discrimination on the Basis of

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“Handicap” in Violation of the Fair Housing Act (hereinafter “FHA”) and its Implementing
Regulations; Count Two—Interference, coercion or intimidation in violation of the FHA and its
implementing regulations; and Count Three—Negligence.
B. Parties
1. The Plaintiff is a private nonprofit corporation organized under the laws of the State of
Idaho with its principal place of business at 5460 W. Franklin Road, Suite M, Boise, Idaho
83705. Its mission is to advance equal access to housing for all persons without regard to race,
color, sex, religion, national origin, familial status, or disability, and to increase the pool of
accessible housing available to the disabled. The Plaintiff serves persons with disabilities
through, among other things, education on the fair housing laws, assistance with complaints, and
referrals to accessible properties. The Plaintiff also provides education and outreach on fair
housing laws and practices to housing consumers, housing providers, builders, architects, and
others.
2. The Defendants are the owners, operators and property managers of the Subject
Property.
C. Applicable Legal Requirements
1. The relevant portions of the FHA prohibit the following:
a. Discrimination in the sale or rental, or otherwise made unavailable, a dwelling
because of “handicap”, 42 U.S.C. §3604(f)(1);
b. Discriminatory terms, conditions or privileges in the sale or rental of a
dwelling because of “handicap”, 42 U.S.C. §3604(f)(2);

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c. Refusal to make reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to afford such person equal
opportunity to use and enjoy a dwelling, 42 U.S.C. §3604(f)(3)(B);
d. Making, printing or publishing a notice or statement with respect to the sale or
rental of a dwelling that indicates a preference, limitation or discrimination based on
“handicap”, 42 U.S.C. §3604(c);
e. Inquiry into the nature or severity of a disability in violation of 24 C.F.R.
§100.202(c); and
f. Interference, coercion or intimidation, 42 U.S.C. §3617.
2. The prohibition on negligent actions requires individuals to use reasonable care to
avoid injury and to prevent unreasonable, foreseeable risks of harm to others.
D. Consent of the Parties to Entry of this Order
1. The parties to this proceeding agree that this Court has jurisdiction over the subject
matter of this case pursuant to 42 U.S.C. §3613 and 28 U.S.C. §§1331, 1337, 1343 and 2201.
The parties further agree that this controversy should be resolved without further proceedings
and without an evidentiary hearing.
2. The Defendants deny that they have violated the law, and this Consent Order does not
constitute any admission of liability on the part of the Defendants.
3. As indicated by the signatures appearing below, the parties hereto agree to entry of
this Consent Order.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
A. Monetary Damages. The Defendants will pay within thirty (30) days of the entry of
this Consent Order in this proceeding the total sum of TWENTY-FOUR THOUSAND AND

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NO/100 DOLLARS ($24,000.00) in monetary damages to the Plaintiff Intermountain Fair
Housing Council, Inc.
B. Fair Housing Education. All housing management-related employees and agents of
the Defendants shall obtain 2-3 hours of fair housing training each year for the years 2015, 2016
and 2017. Said training courses shall be provided free of charge by the Plaintiff or may be
provided by another provider of the Defendants’ choice to be pre-approved by the Plaintiff.
C. Change of Policy. The Defendants shall maintain a policy with regards to applicants
and tenants with service animals which complies with the requirements of the federal Fair
Housing Act, 42 U.S.C. §3601 et seq., as well as its implementing regulations, including not
charging fees or deposits on such service animals, and shall adopt a written non-discrimination
policy.
D. Refund of Fees. The Defendants shall refund all fees collected by them for service
animals to the owners of such animals within thirty (30) days of the entry of this Consent Order,
if not yet refunded.
E. Withdrawal of Administrative Complaints. The Plaintiff shall promptly withdraw
and not pursue any and all administrative complaints that may be pending with the United States
Department of Housing and Urban Development (“HUD”) regarding the facts and incidents at
issue in this proceeding.
F. Duration of Order and Termination of Legal Action.
1. This Consent Order shall remain in effect for thirty-six (36) months after the date of
its entry. However, in the event that the Defendants divest themselves of all interest and
involvement in rental housing, this Consent Order shall terminate upon motion by the
Defendants.

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2. The complaint filed in this proceeding is dismissed with prejudice. The Court,
however, shall retain jurisdiction for the term of this Consent Order to enforce the terms of this
Order.
G. Attorney’s Fees and Costs. Each party hereto shall bear its own attorney’s fees and
costs associated with this action. However, any party hereto may seek judicial enforcement of
this Consent Order. Should any party initiate litigation to enforce the terms of this Agreement,
the prevailing party shall be entitled to an award of its attorney’s fees and costs incurred in such
action.

DATED: September 9, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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AGREED TO BY THE PARTIES AND THEIR ATTORNEYS, AS INDICATED BY
THE SIGNATURES APPEARING BELOW:

INTERMOUNTAIN FAIR HOUSING COUNCIL, INC.:

By: ________________/s/_____________________
Zoe Ann Olson
Executive Director, Intermountain Fair Housing Council, Inc.

___________________/s/______________________
KEN NAGY
Attorney for Plaintiff

ROYAL PROPERTIES MANAGEMENT, LLC:

By: ________________/s/______________________
Kent Lott

___________________/s/______________________
KENT LOTT

___________________/s/______________________
INGRID LOTT

___________________/s/______________________
JOSE AVILA

___________________/s/_______________________
MICHAEL G. BRADY
Attorney for Defendants

CONSENT ORDER

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