University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Pearl River Gardens, LLC FH-NY-0013
Docket / Court 7:11-cv-1655-VB ( S.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
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 ... read more >
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.

Asma Husain - 02/06/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Multi-family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Race discrimination
General
Disparate Treatment
Housing
Plaintiff Type
U.S. Dept of Justice plaintiff
Race
Black
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Pearl River Gardens, LLC
Plaintiff Description United States Department of Justice on behalf of prospective African-American tenants
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement

Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2016
Case Closing Year 2011
Case Ongoing Yes
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

  The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
7:11-cv-01655-VB (S.D.N.Y.) 06/16/2011
FH-NY-0013-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/10/2011
FH-NY-0013-0001 PDF | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Decree 06/06/2011
FH-NY-0013-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Briccetti, Vincent Louis (S.D.N.Y.)
FH-NY-0013-0002 | FH-NY-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bharara, Preetinder S. (New York)
FH-NY-0013-0001 | FH-NY-0013-0002
Filor, Daniel (New York)
FH-NY-0013-0001 | FH-NY-0013-0002 | FH-NY-0013-9000
Holder, Eric H. Jr. (District of Columbia)
FH-NY-0013-0001
Jones, David S (New York)
FH-NY-0013-0001 | FH-NY-0013-0002
Perez, Thomas E. (District of Columbia)
FH-NY-0013-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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