University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Riba FH-NH-0001
Docket / Court 1:10-cv-00297 ( D.N.H. )
State/Territory New Hampshire
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
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 ... read more >
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 indicate 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.

- 10/17/2012


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Multi-family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Treatment
Housing
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
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) Lothar Riba
Plaintiff Description United States Department of Justice, Civil Rights Division on behalf of a family of mixed race and national origin.
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 - 2013
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)
1:10-cv-00297 (D.N.H.) 07/19/2010
FH-NH-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/19/2010
FH-NH-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Intervenor Complaint 09/17/2010
FH-NH-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 04/07/2011
FH-NH-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges McCafferty, Landya B. (D.N.H.) [Magistrate]
FH-NH-0001-0002 | FH-NH-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Farley, John (New Hampshire)
FH-NH-0001-0001 | FH-NH-0001-0002
Feltes, Daniel (New Hampshire)
FH-NH-0001-0003
Hagler, Tamar (District of Columbia)
FH-NH-0001-0002
Kacavas, John P (New Hampshire)
FH-NH-0001-0001 | FH-NH-0001-0002
Lavallee, Christine D (New Hampshire)
FH-NH-0001-0002 | FH-NH-0001-0003
Mulhauser, Dana (District of Columbia)
FH-NH-0001-0001 | FH-NH-0001-0002
Perez, Thomas E. (District of Columbia)
FH-NH-0001-0001 | FH-NH-0001-0002
Rosenbaum, Steven H. (District of Columbia)
FH-NH-0001-0001 | FH-NH-0001-0002
Defendant's Lawyers Burt, Gary M (New Hampshire)
FH-NH-0001-0002 | FH-NH-0001-9000
Major, Jason R.L. (New Hampshire)
FH-NH-0001-0002
Other Lawyers None on record

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