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


Judge(s)

Briccetti, Vincent Louis (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Filor, Daniel (New York)

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

Jones, David S (New York)

Perez, Thomas E. (District of Columbia)

Judge(s)

Briccetti, Vincent Louis (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Filor, Daniel (New York)

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

Jones, David S (New York)

Perez, Thomas E. (District of Columbia)

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

Last updated Sept. 1, 2022, 3:20 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

LETTER MOTION for Extension of Time extending expiration of consent decree from June 16, 2016, to September 30, 2016, to permit time to obtain documents and assess defendant's compliance addressed to Judge Vincent L. Briccetti from David S. Jones dated June 14, 2016. Document filed by United States Of America. (Attachments: # 1 Exhibit Consent Decree docketed June 16, 2011)(Jones, David) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

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 by David Stuart Jones on behalf of United States Of America. Re: 6 Order on Motion for Extension of Time,. certifying service of notice of 6.15.2016 scheduling order on defendant's counsel (Jones, David) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

8

LETTER addressed to Judge Vincent L. Briccetti from David S. Jones dated 8/15/2016 re: government's intention not to seek further relief in case, and to allow consent decree to expire as scheduled on September 30, 2016. Document filed by United States Of America.(Jones, David) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

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.

Availably 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:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black