Case: United States v. Riba

1:10-cv-00297 | U.S. District Court for the District of New Hampshire

Filed Date: July 19, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On July 19, 2010, the United States Department of Justice filed a lawsuit under the Fair Housing Act of 1988, §42 U.S.C. §§3601-3631 against the owner and manager of a four-unit apartment building in Monroe, New Hampshire. The plaintiff brought the suit in the U.S. District Court for the District of New Hampshire, on behalf of a mixed-national origin and race family, claiming the Defendant engaged in discriminatory housing practices. The complaint sets out allegations involving ethnic slurs a…

On July 19, 2010, the United States Department of Justice filed a lawsuit under the Fair Housing Act of 1988, §42 U.S.C. §§3601-3631 against the owner and manager of a four-unit apartment building in Monroe, New Hampshire. The plaintiff brought the suit in the U.S. District Court for the District of New Hampshire, on behalf of a mixed-national origin and race family, claiming the Defendant engaged in discriminatory housing practices. The complaint sets out allegations involving ethnic slurs and other bad treatment of the complainant family, including incidents that led to the arrest of the landlord and state court orders against him. The U.S. sought to enjoin further discrimination on the basis of race, color, or national origin and asked for compensatory and punitive damages to the complainants. The complainants intervened in the suit a few months later.

On April 7, 2011, the United States District Court for the District of New Hampshire (Judge Landya McCafferty) approved a consent decree. The decree enjoined the defendant and its employees from making statements with respect to the rental of a dwelling that indicated a preference, limitation or discrimination based on race, color, or national origin; or coercing, threatening, intimidating, or interfering with any tenant's exercised or enjoyed rights. The defendant was required to get tenants' permission prior to entering units, except to make emergency repairs. In addition, the defendant agreed to undertake fair housing training of all employees, and a set of recordkeeping and reporting requirements. Finally, the defendant agreed to pay the complainants $15,000 in compensatory damages. The consent order was set to last two years, unless the defendant retained any direct or indirect ownership, management, or other financial interest in any residential rental property, in which case the consent order was to remain in effect for three years.

The consent decree terminated without any further litigation, and the case is now closed.

People


Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Farley, John (New Hampshire)

Hagler, Tamar (District of Columbia)

Kacavas, John P (New Hampshire)

Mulhauser, Dana (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Burt, Gary M (New Hampshire)

Major, Jason R.L. (New Hampshire)

Other Attorney(s)

Active

Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Farley, John (New Hampshire)

Hagler, Tamar (District of Columbia)

Kacavas, John P (New Hampshire)

Mulhauser, Dana (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Burt, Gary M (New Hampshire)

Major, Jason R.L. (New Hampshire)

Other Attorney(s)

Feltes, Daniel (New Hampshire)

Lavallee, Christine D (New Hampshire)

Documents in the Clearinghouse

Document

Docket

July 19, 2010 Docket
1

Complaint

July 19, 2010 Complaint
9

Intervenor Complaint

Sept. 17, 2010 Complaint
16

Consent Decree

April 7, 2011 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New Hampshire

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 19, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, Civil Rights Division on behalf of a family of mixed race and national origin.

Plaintiff Type(s):

Private Plaintiff

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

Lothar Riba (Monroe), 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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15,000

Order Duration: 2011 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Housing

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic