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Case Name United States v. Flanagan FH-IL-0013
Docket / Court 1:09-cv-07338 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On November 23, 2009, the United States filed a lawsuit in the United States District Court for the Northern District of Illinois, Eastern Division under the Fair Housing Act, 42 U.S.C. §§3601 against the owner of a single-family house in Orland Park, Illinois that was made available for rent. ... read more >
On November 23, 2009, the United States filed a lawsuit in the United States District Court for the Northern District of Illinois, Eastern Division under the Fair Housing Act, 42 U.S.C. §§3601 against the owner of a single-family house in Orland Park, Illinois that was made available for rent. The plaintiff claimed that the defendant refused to rent the Orland Park house to African-American tenants.

The plaintiff presented the results of testing conducted by the local fair housing center that indicated that the defendant was willing to rent to white persons, but that when a black person or, as in this case, a mixed-race couple applied, suddenly the house was not available. The testers recorded conversations with the owner, including one in which the owner confirmed the house was available, then asked the caller if her husband was black. The owner told the tester that "blacks had been trying to break the color barrier", that they "did not belong in the neighborhood" and that "since she was white" he would offer her the house at a discount.

The individuals denied housing also filed a lawsuit and the cases were consolidated. The plaintiffs sought declaratory, injunctive, and monetary relief.

On January 19, 2011, the Court (Judge Young B. Kim) approved a consent Decree agreed to by the parties. The defendant acknowleged liability and, in addition to general prohibitions aginst race discrimination, agreed not to engage personally in the renting, management , or showing of any dwelling, that rather, a third party approved by the United States would perform those services.

The consent decree also required the defendant to create and distribute a non-discrimination policy, pay $30,000 in monetary relief, and pay $5,000 as a civil penalty to the United States. The order is to last a period of five years from the date of its entry.

Denise Heberle - 08/02/2012
Asma Husain - 02/06/2016


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Issues and Causes of Action
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Issues
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Race discrimination
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) Terrance Flanagan
Plaintiff Description United States Department of Justice
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 - 2016
Case Closing Year 2011
Case Ongoing Yes
Docket(s)
1:09-cv-07338 (N.D. Ill.) 01/19/2011
FH-IL-0013-9000.pdf | Detail
U.S. Department of Justice, Civil Rights Division, Special Litigation Section
General Documents
Complaint 11/23/2009
FH-IL-0013-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Order 01/19/2011
FH-IL-0013-0002.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Judges Kim, Young B (N.D. Ill.) [Magistrate]
FH-IL-0013-0002 | FH-IL-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dougherty , Burtis M. (District of Columbia)
FH-IL-0013-0001 | FH-IL-0013-0002 | FH-IL-0013-9000
Fitzgerald, Patrick J. (Illinois)
FH-IL-0013-0002
Johnson, Patrick Walter (Illinois)
FH-IL-0013-0001 | FH-IL-0013-0002 | FH-IL-0013-9000
Keveney, Sean R. (District of Columbia)
FH-IL-0013-0002
Laser, Joan (Illinois)
FH-IL-0013-0001 | FH-IL-0013-9000
Moran, Timothy (District of Columbia)
FH-IL-0013-0001 | FH-IL-0013-0002
Taren, Jeffrey L (District of Columbia)
FH-IL-0013-0002
Defendant's Lawyers Arthur, J. Scott (Illinois)
FH-IL-0013-0002 | FH-IL-0013-9000
Dwyer, Thomas E. (Illinois)
FH-IL-0013-9000
Other Lawyers None on record

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