University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name United States v. Nieman FH-IA-0001
Docket / Court 6:10-cv-02068 ( N.D. Iowa )
State/Territory Iowa
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On November 10, 2010, the United States brought a lawsuit under the Fair Housing Act, 42 U.S.C. §3601-3631, in the United States District Court for the Northern District of Iowa, against the manager/supervisor and owners of an apartment complex. The Plaintiff sued on behalf of two female ... read more >
On November 10, 2010, the United States brought a lawsuit under the Fair Housing Act, 42 U.S.C. §3601-3631, in the United States District Court for the Northern District of Iowa, against the manager/supervisor and owners of an apartment complex. The Plaintiff sued on behalf of two female residents of the apartment complex, claiming that the manager/maintenance supervisor subjected female tenants to discrimination on the basis of sex, including unwelcome sexual harassment. The Plaintiff sought injunctive, declaratory, monetary damages, and civil penalties.

Specifically, Plaintiff claims the Defendants made housing unavailable to female tenants because its manager engaged in a pattern and practice of offering quid pro quo agreements to provide services in exchange for sex, pervasive unwanted sexual advances, comments, and gestures, and other forms of sexual harassment, all of which interfered with the women's use and enjoyment of their tenancies.

On September 22, 2011, the Court (Judge Linda R. Reade) approved a five-year Consent Decree agreed to by the parties. By that time, none of the Defendants was engaged in the residential rental business. The Consent Decree required that should the owners ever re-enter the business, they were prohibited in general from discriminating against tenants on the basis of sex and specifically required to adopt and distribute a Nondiscrimination Policy to be approved by the Justice Department, to train its employees in the policy, to develop a complaint procedure an retain all document pertaining to any complaints. The manager/maintenance supervisor was forever prohibited from having any involvement whatsoever in the management, rental, or maintenance of any dwelling. Defendants agreed to pay $80,000 in compensatory damages to aggrieved persons identified by Plaintiff and $15,000 in civil penalties.

The case terminated on September 23, 2011, with the Consent Decree to remain in effect until September 2016.

Stacey McClurkin - 12/24/2011


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Sex discrimination
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) Elders, Inc.
J.S. Property Management, L.C.
Michael Nieman
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 No
Docket(s)
6:10-cv-02068 (N.D. Iowa) 09/23/2011
FH-IA-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/10/2010
FH-IA-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Order 09/22/2011
FH-IA-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Reade, Linda R. (N.D. Iowa)
FH-IA-0001-0002 | FH-IA-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bond, Rebecca B. (District of Columbia)
FH-IA-0001-0001 | FH-IA-0001-0002 | FH-IA-0001-9000
Melody, Colleen (District of Columbia)
FH-IA-0001-0001 | FH-IA-0001-0002 | FH-IA-0001-9000
Rose, Stephanie Marie (Iowa)
FH-IA-0001-0001 | FH-IA-0001-0002 | FH-IA-0001-9000
Wright, Stephanie J. (Iowa)
FH-IA-0001-0001 | FH-IA-0001-0002 | FH-IA-0001-9000
Yi, Daniel H. (District of Columbia)
FH-IA-0001-0001 | FH-IA-0001-0002 | FH-IA-0001-9000
Defendant's Lawyers Smith, Lynn M. (Iowa)
FH-IA-0001-0002 | FH-IA-0001-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -