University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Testa Family Enterprises FH-OH-0012
Docket / Court 5:10-cv-02319-DDD ( N.D. Ohio )
State/Territory Ohio
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On October 12, 2010, the United States filed a lawsuit in the United States District Court for the Northern District of Ohio, under the Fair Housing Act, 42 U.S.C. §§3601-3631, against the owner and manager of a 26-unit apartment building located in Akron Ohio. The U.S. sought declaratory, ... read more >
On October 12, 2010, the United States filed a lawsuit in the United States District Court for the Northern District of Ohio, under the Fair Housing Act, 42 U.S.C. §§3601-3631, against the owner and manager of a 26-unit apartment building located in Akron Ohio. The U.S. sought declaratory, injunctive, and monetary relief, and civil penalties, alleging that the Defendants had engaged in a pattern and practice of discrimination on the basis of familial status in their rental of apartments. Specifically, the complaint alleged that the Defendants refused to rent to families with small children.

The case was litigated for several months, but then settled. On June 8, 2011, the Court (Judge David Dowd) approved a three-year Consent Decree which, in addition to general prohibitions against discrimination based on familial status, requires Defendants to adopt a non-discrimination policy, to include the words "Equal Housing Opportunity" on all advertising, to train all personnel in equal housing opportunity requirements, and to report any complaints. Defendants agreed to pay $50,000 in damages to one family, and a $10,000 civil penalty to the United States.

- 10/12/2012


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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
Provide antidiscrimination training
Recordkeeping
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Age discrimination
Family discrimination
General
Housing
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Testa Family Enterprises, LTD
Plaintiff Description United States Department of Justice, Civil Rights Division
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 Damages
Injunction / Injunctive-like Settlement

Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2014
Case Closing Year 2011
Case Ongoing No
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)
5:10-cv-02319 (N.D. Ohio) 06/08/2011
FH-OH-0012-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/12/2010
FH-OH-0012-0001 PDF | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Order 06/08/2011
FH-OH-0012-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Dowd, David Dudley Jr. (N.D. Ohio)
FH-OH-0012-0002 | FH-OH-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dettelbach, Steven M (District of Columbia)
FH-OH-0012-0002
Heyer, Michelle L (Ohio)
FH-OH-0012-0001 | FH-OH-0012-0002 | FH-OH-0012-9000
Perez, Thomas E. (District of Columbia)
FH-OH-0012-0001 | FH-OH-0012-0002
Singer, Elizabeth A (District of Columbia)
FH-OH-0012-0002
Defendant's Lawyers Chessler, Craig (Ohio)
FH-OH-0012-0002
Traub, Randall M (Ohio)
FH-OH-0012-0002 | FH-OH-0012-9000
Other Lawyers None on record

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