Filed Date: Oct. 15, 1973
Closed Date: 1977
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This case was brought against Fred and Donald Trump, and their real estate company, in 1973 in the U.S. District Court for the Eastern District of New York.
In October 1973, the Justice Department filed this civil rights case in the U.S. District Court for the Eastern District of New York (federal court in Brooklyn) against Fred Trump, Donald Trump, and their real estate company. The complaint alleged that the firm had committed systemic violations of the Fair Housing Act of 1968 in their many complexes--39 buildings, between them containing over 14,000 apartments. The allegations included evidence from black and white "testers" who had sought to rent apartments; the white testers were told of vacancies; the black testers were not, or were steered to apartment complexes with a higher proportion of racial minorities. The complaint also alleged that Trump employees had placed codes next to housing applicant names to indicate if they were black.
The Trumps retained Roy Cohn, former aide to Senator Joseph McCarthy, to defend them; they counter-claimed against the government, seeking $100 million in damages for defamation.
The case was assigned to District Judge Edward R. Neaher. He dismissed the counterclaim and allowed the Fair Housing Act suit to proceed.
After two years, the matter settled with a consent decree, signed June 10, 1975. It included the ordinary disclaimer of liability (the settlement was “in no way an admission” of a violation"), but prohibited the Trumps from "discriminating against any person in the terms, conditions, or privileges of sale or rental of a dwelling." Fred and Donald Trump were ordered to "thoroughly acquaint themselves personally on a detailed basis" with the Fair Housing Act. The agreement also required the Trumps to place ads informing minorities they had an equal opportunity to seek housing at their properties. According to a contemporary article in the New York Times, Trump Management was required to furnish the New York Urban League with a weekly list of all apartment vacancies, for two years; the League would get three days to provide qualified applicants for every fifth vacancy in Trump buildings where fewer than 10 percent of the tenants were black.
The Justice Department called the decree “one of the most far-reaching ever negotiated.” Newspaper headlines echoed that assessment. The New York Amsterdam News, for example, titled its article “Minorities win housing suit,” and told readers that “qualified Blacks and Puerto Ricans now have the opportunity to rent apartments owned by Trump Management.”
In his autobiography, Donald Trump took a different view: “In the end the government couldn’t prove its case, and we ended up making a minor settlement without admitting any guilt.”
For more information, see Michael Kranish and Robert O'Harrow Jr. Inside the government’s racial bias case against Donald Trump’s company, and how he fought it (Washington Post, Jan. 23, 2016).
Summary Authors
Clearinghouse (5/8/2016)
Terry Howard (12/15/2022)
Catoggio, Vincent A. (New York)
Neaher, Edward Raymond (New York)
Boyd, Edward John (New York)
Brachtl, Henry A. (New York)
Days, Drew S. III (District of Columbia)
Goldberg, Norman P. (District of Columbia)
Goldstein, Donna F. (District of Columbia)
Goldweber, Elyse S. (New York)
Handley, Harvey L. III (District of Columbia)
Heffernan, Brian F. (District of Columbia)
Catoggio, Vincent A. (New York)
Neaher, Edward Raymond (New York)
Boyd, Edward John (New York)
Brachtl, Henry A. (New York)
Days, Drew S. III (District of Columbia)
Goldberg, Norman P. (District of Columbia)
Goldstein, Donna F. (District of Columbia)
Goldweber, Elyse S. (New York)
Handley, Harvey L. III (District of Columbia)
Heffernan, Brian F. (District of Columbia)
Kelley, David T. (District of Columbia)
LaRue, Homer C. (New York)
Morse, Robert A. (District of Columbia)
Porter, James D. (New York)
Pottinger, J. Stanley (District of Columbia)
Richardson, Elliot L. (District of Columbia)
Schwelb, Frank E. (District of Columbia)
Trager, David G. (New York)
Turner, James P. (District of Columbia)
Bacon, Rogers H. (New York)
Cohn, Roy M. (New York)
Friedman, Stanley M. (New York)
Rosen, Michael (New York)
Saxe, John Godfrey (New York)
Shuman, Jeffrey A. (New York)
Tosti, Matthew J. (New York)
Last updated Jan. 22, 2023, 3:27 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Fair Housing/Lending/Insurance
Special Collection(s):
Key Dates
Filing Date: Oct. 15, 1973
Closing Date: 1977
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice Civil Rights Division
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
Trump Management, Inc. (New York), 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
Order Duration: 1975 - 1977
Content of Injunction:
Develop anti-discrimination policy
Comply with advertising/recruiting requirements
Provide antidiscrimination training
Goals (e.g., for hiring, admissions)
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: