University of Michigan Law School
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Case Name United States v. Burgundy Gardens, LLC FH-NY-0014
Docket / Court 7:10-cv-9099-KMK ( 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 December 6, 2010, the United States filed this lawsuit in the U.S. District Court for the Southern District of New York. The DOJ filed under 42 U.S.C. 3601 of the Fair Housing Act against the owner of the Burgundy Gardens Apartments, LLC. The U.S. Department of Justice asked the Court to 1) ... read more >
On December 6, 2010, the United States filed this lawsuit in the U.S. District Court for the Southern District of New York. The DOJ filed under 42 U.S.C. 3601 of the Fair Housing Act against the owner of the Burgundy Gardens Apartments, LLC. The U.S. Department of Justice asked the Court to 1) declare that the defendant's conduct was a violation of the Fair Housing Act, 2) enjoin the defendant and its workers from continuing to discriminate on the basis of race or color in the rental of dwellings, 3) award monetary damages to persons harmed by Defendant's discriminatory practices, and 4) assess a civil penalty against the defendant.

Specifically, the plaintiff alleged that the defendant engaged in racially discriminatory housing practices at Burgundy Gardens Apartments by failing to inform African-American prospective tenants about available apartments, telling African Americans prospective tenants that the prices for rental apartments were higher than the prices quoted to similarly situated non-African-America persons, and failing to show African-American prospective tenants available apartments, while at the same time, showing similarly situated non-African American persons available apartments and negotiating for the rental of such apartments.

On April 4, 2012, the parties reached a settlement in which the defendant was enjoined from discriminating against any person in terms, conditions, or privileges of renting a dwelling because of race. The defendant also agreed to implement a Nondiscrimination Policy and to notify the public of its implementation. The defendant paid $150,000 to those harmed by its discriminatory practices. The defendant paid an additional $25,000 to the United States as a civil penalty.

On June 13, 2016, Judge Kenneth M. Karas ordered the defendant to distribute $65,055.20 of the settlement fund to Legal Aid Society of Rockland County and New York Legal Assistance Group.

Asma Husain - 01/31/2016
- 01/31/2016


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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
Private Plaintiff
Race
Black
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. ยงยง 3601 et seq.
Defendant(s) Owner of Burgundy Gardens, LLC
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 2012 - 2015
Case Closing Year 2015
Case Ongoing No
Docket(s)
10-cv-9099 (S.D.N.Y.) 06/13/2013
FH-NY-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/06/2010
FH-NY-0014-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Decree 04/16/2012 (S.D.N.Y.)
FH-NY-0014-0002.pdf | Detail
Press Release 04/18/2012
FH-NY-0014-0003.pdf | Detail
Settlement Fund Order 04/29/2013 (S.D.N.Y.)
FH-NY-0014-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Endorsed Letter Addressed to Judge Kenneth M. Karas from Daniel P. Filor and David S. Jones 06/13/2013
FH-NY-0014-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Fund Payment Order 06/13/2013 (S.D.N.Y.)
FH-NY-0014-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Karas, Kenneth M. (S.D.N.Y.)
FH-NY-0014-0002 | FH-NY-0014-0004 | FH-NY-0014-0006 | FH-NY-0014-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bharara, Preetinder S. (New York)
FH-NY-0014-0001 | FH-NY-0014-0003 | FH-NY-0014-0005
Filor, Daniel (New York)
FH-NY-0014-0001 | FH-NY-0014-0002 | FH-NY-0014-0005 | FH-NY-0014-9000
Jones, David S (New York)
FH-NY-0014-0001 | FH-NY-0014-0005
Defendant's Lawyers Chew, Elizabeth Ann (New York)
FH-NY-0014-9000
Drogin, Laura Scott (New York)
FH-NY-0014-0002 | FH-NY-0014-9000
Other Lawyers None on record

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