Case: United States v. Pearl River Gardens, LLC

7:11-cv-01655 | U.S. District Court for the Southern District of New York

Filed Date: March 10, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On March 10, 2011, the United States filed a race discrimination lawsuit in the U.S. District Court for the Southern District of New York, under the Fair Housing Act, 42 U.S.C. §§3601-3619, against the owners/operators of a residential apartment complex located in Pearl River, New York, in Rockland County. The U.S. Department of Justice sought injunctive, declaratory, and monetary relief and civil penalties, claiming that the defendant failed to inform African American prospective tenants about…

On March 10, 2011, the United States filed a race discrimination lawsuit in the U.S. District Court for the Southern District of New York, under the Fair Housing Act, 42 U.S.C. §§3601-3619, against the owners/operators of a residential apartment complex located in Pearl River, New York, in Rockland County. The U.S. Department of Justice sought injunctive, declaratory, and monetary relief and civil penalties, claiming that the defendant failed to inform African American prospective tenants about available apartments, while telling similarly situated white persons about the availability of the same apartments; misrepresented the price of units to African American prospective tenants to discourage their application; and failed to show available apartments or negotiate for their rental to African Americans while showing apartments and negotiating with non-African Americans.

On June 16, 2011, 3 months after the Complaint was filed, the Court (Judge Vincent Briccetti) approved a five-year consent decree submitted by the parties. The decree generally enjoined the defendant from engaging in race discrimination, and required development and posting of a non-discrimination policy; equal housing opportunity training; and development of uniform standards and procedures for informing people about the availability of apartments, showing those apartments, and negotiating for their rental. The defendant agreed to submit to compliance testing, to maintain records, and to notify the U.S. about any policy changes and any complaints filed. The decree also included a $55,000 civil penalty.

The consent decree expired with no further litigation. The case is now closed.

Summary Authors

Asma Husain (2/6/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12716572/parties/united-states-v-pearl-river-gardens-llc/


Judge(s)

Briccetti, Vincent Louis (New York)

Attorney for Plaintiff

Bharara, Preetinder S. (New York)

Filor, Daniel (New York)

Holder, Eric H. Jr. (District of Columbia)

Jones, David S (New York)

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Documents in the Clearinghouse

Document

7:11-cv-01655

Docket

Aug. 15, 2016

Aug. 15, 2016

Docket
1

7:11-cv-01655

Complaint

March 10, 2011

March 10, 2011

Complaint
4

7:11-cv-01655

Consent Decree

June 6, 2011

June 6, 2011

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12716572/united-states-v-pearl-river-gardens-llc/

Last updated March 23, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link

Case Designated ECF. (jma) (Entered: 03/14/2011)

March 1, 2011

March 1, 2011

1

COMPLAINT against Pearl River Gardens, LLC. Document filed by United States Of America.(jma) (Entered: 03/14/2011)

March 10, 2011

March 10, 2011

SUMMONS ISSUED as to Pearl River Gardens, LLC. (jma) (Entered: 03/14/2011)

March 10, 2011

March 10, 2011

Magistrate Judge Lisa M. Smith is so designated. (jma) (Entered: 03/14/2011)

March 10, 2011

March 10, 2011

2

ORDER This case has been assigned to J. Frederick Motz. Judge Motz is a District Judge in District of Maryland, sitting by designation in the White Plains Division of the Southern District of New York, for the purpose of managing cases that would have been assigned to Judge Stephen Robinson until Judge Robinson until Judge Robinsons successor is appointed. (Signed by Judge J. Frederick Motz on 3/10/2011) (jma) (Entered: 03/14/2011)

March 10, 2011

March 10, 2011

3

NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge J. Frederick Motz is no longer assigned to the case. (laq) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

4

CONSENT DECREE: ACCORDINGLY, it is hereby ADJUDGED, ORDERED and DECREED: This Court has jurisdiction over the parties and the subject matter of this action. The Court shall retain jurisdiction over the parties to enforce and administer the terms of the Consent Decree for five years after the effective date of the Consent Decree. Within fifteen (15) days of the entry of the Consent Decree, Defendant shall take the following steps to notify the public of its Nondiscrimination Policy. Defendant hereby consents to the entry of judgment against it in the amount of $55,000. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation. (Signed by Judge Vincent L. Briccetti on 6/15/2011) (mml) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

5

Extension of Time

June 14, 2016

June 14, 2016

PACER
5

Extension of Time

June 14, 2016

June 14, 2016

PACER
5

Extension of Time

June 14, 2016

June 14, 2016

PACER
5

Extension of Time

June 14, 2016

June 14, 2016

PACER
5

Extension of Time

June 14, 2016

June 14, 2016

PACER
5

Extension of Time

June 14, 2016

June 14, 2016

PACER
5

Extension of Time

June 14, 2016

June 14, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER

Order on Motion for Extension of Time

June 15, 2016

June 15, 2016

PACER
6

ORDER granting 5 Letter Motion for Extension of Time: the termination date of the Consent Decree is extended to 9/30/2016, and the Court retains jurisdiction until that date. The government is directed to serve this order on defense counsel and file proof of service on the docket. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
7

Certificate of Counsel

June 16, 2016

June 16, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER
8

Letter

Aug. 15, 2016

Aug. 15, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 10, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice on behalf of prospective African-American tenants

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pearl River Gardens, LLC (Pearl River), Private Entity/Person

Defendant Type(s):

Multi-family housing provider

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 55,000

Order Duration: 2011 - 2016

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Issues

General:

Housing

Discrimination-area:

Disparate Treatment

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black