Filed Date: Oct. 15, 2009
Closed Date: 2014
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On October 15, 2009, the United States filed a lawsuit in the United States District Court for the District of South Dakota, under the Fair Housing Act of 1988, 42 U.S.C. §§3601-3631, against the owner of a 48 unit apartment complex and its property managers. The U.S. sought injunctive, declaratory, and monetary relief and civil penalties, alleging that the managers frequently used the n-word and other slurs to refer to black tenants, threatened tenants with eviction without cause, filed false police reports, turned off heat, threatened assault, and retaliated when complainants took complaints to the owners and to the Housing Commission. The complaint alleged that the owners knew of the managers' behavior and did nothing to stop it.
On July 8, 2010, the District Court (Chief Judge Karen Schreier) entered a default judgment of liability against the property managers, and on August 17, 2010, the remaining parties reached a mediated agreement. The Court approved a three-year consent decree on December 21, 2010. The decree contained general prohibitions against race discrimination, prohibited the owners from ever employing the managers again, and required:
The Defendants also agreed to pay $26,000 in compensatory damages to the complainants and $4,000 in civil penalties to the United States.
On March 9, 2011, the Court ordered the defaulting property managers each to pay $15,000 in civil penalties to the United States Treasury, and entered injunctive relief prohibiting them for three years from operating, consulting, managing, staffing, participating in, working in paid or unpaid positions, or otherwise having any involvement in the management, rental, or maintenance of any dwelling, as defined by the Fair Housing Act, 42 U.S.C. §802(b). The three-year period has ended and the case is now closed.
Summary Authors
Asma Husain (2/6/2016)
Richa Bijlani (11/19/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12815854/parties/united-states-v-tk-properties/
Bengford, Stephanie (South Dakota)
Borshansky, Neta (District of Columbia)
Holmes, Dennis R (South Dakota)
Holmgren, Jan (South Dakota)
Fritz, Daniel R (South Dakota)
See docket on RECAP: https://www.courtlistener.com/docket/12815854/united-states-v-tk-properties/
Last updated April 15, 2024, 3:06 a.m.
State / Territory: South Dakota
Case Type(s):
Fair Housing/Lending/Insurance
Special Collection(s):
Key Dates
Filing Date: Oct. 15, 2009
Closing Date: 2014
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S., on behalf of African-American tenant complainants
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
TK Properties, (Sioux Falls), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Comply with advertising/recruiting requirements
Other requirements regarding hiring, promotion, retention
Provide antidiscrimination training
Amount Defendant Pays: 60,000
Order Duration: 2011 - 2014
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Affected Race(s):