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Case Name United States v. Latvian Tower Condominium FH-NE-0001
Docket / Court 8:08-cv-489 ( D. Neb. )
State/Territory Nebraska
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On October 29, 2008, the United States filed a lawsuit in the United States District Court for the District of Nebraska, under the Fair Housing Act, 42 U.S.C. §3601-3619, against a condominium association and its president. The U.S. brought the case on behalf of two residents of the condominium ... read more >
On October 29, 2008, the United States filed a lawsuit in the United States District Court for the District of Nebraska, under the Fair Housing Act, 42 U.S.C. §3601-3619, against a condominium association and its president. The U.S. brought the case on behalf of two residents of the condominium complex who claimed the defendants engaged in illegal discrimination on the basis of familial status by declaring in their Amended Master Deed and Declaration that no unit should be "sold or leased to a person who has a child under the age of 16 who will occupy or reside in the unit 180 days or more a year." The complainants wished to sell their unit, but the U.S. alleged that they were unable to do so because the Association interfered with the sale by actively discouraging prospective buyers who had children. The complainants intervened in the case on August 10, 2009.

After discovery, the parties entered mediation, and on March 3, 2010, the Court (Judge Warren K. Urbom) approved a three-year consent decree. In addition to a general prohibition against discrimination in the sale or rental of the condominium units, the decree required the defendants to develop and post a non-discrimination policy and to amend the master deed to excise the prohibition against families with children. Defendants agreed to pay $77,500 to the complainants, an additional $35,000 to other aggrieved parties, and a $15,000 civil penalty to the United States. The case terminated on March 3, 2010.

- 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
Reporting
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Family discrimination
General
Disparate Treatment
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) Latvian Tower Condominium
Plaintiff Description United States, on behalf of complainants whose ability to sell their condo unit was undermined by a "no family" restriction on the master deed.
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 2010 - 2013
Case Closing Year 2010
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)
8:08-cv-00489 (D. Neb.) 10/29/2008
FH-NE-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/29/2008
FH-NE-0001-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Decree 03/03/2010
FH-NE-0001-0002.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Judges Urbom, Warren Keith (D. Neb.)
FH-NE-0001-0002 | FH-NE-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bond, Rebecca B. (District of Columbia)
FH-NE-0001-0001 | FH-NE-0001-0002 | FH-NE-0001-9000
Dull, Robin L. (District of Columbia)
FH-NE-0001-0001 | FH-NE-0001-0002 | FH-NE-0001-9000
Gilg, Deborah R. (Nebraska)
FH-NE-0001-0002 | FH-NE-0001-9000
Kelly, Laurie A. (Nebraska)
FH-NE-0001-0001 | FH-NE-0001-0002 | FH-NE-0001-9000
Ruge, Douglas W. (Nebraska)
FH-NE-0001-0002 | FH-NE-0001-9000
Stecher, Joe W. (Nebraska)
FH-NE-0001-0001
Defendant's Lawyers McVay, James B. (Nebraska)
FH-NE-0001-0002 | FH-NE-0001-9000
Moore, Scott P. (Nebraska)
FH-NE-0001-0002 | FH-NE-0001-9000
Other Lawyers None on record

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