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Case Name United States v. JPI Construction FH-TX-0008
Docket / Court 3:09-cv-00412-B ( N.D. Tex. )
State/Territory Texas
Case Type(s) Disability Rights-Pub. Accom.
Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On March 4, 2009, the United States filed a lawsuit in the U.S. District Court, Northern District of Texas, against a private multi-family housing provider under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The U.S. sought injunctive and monetary relief, alleging that ... read more >
On March 4, 2009, the United States filed a lawsuit in the U.S. District Court, Northern District of Texas, against a private multi-family housing provider under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The U.S. sought injunctive and monetary relief, alleging that the defendant designed and constructed housing in violation of the accessibility requirements of the FHA and the ADA.

On May 8, 2009, defendants answered, arguing that the FHA does not create particular technical design standards and that their buildings were well within the flexible guidelines created by the FHA and the ADA. The defendants also argued that not all of the structures named in the Complaint were designed or constructed by the defendants, but if any units violated either Act, the issues were minor, discrete, and easily resolvable.

The court ordered discovery to proceed in three phases, with the first phase limited to 52 properties in 18 states and Washington, D.C. DOJ retained accessibility experts to examine the properties and prepare reports for the court, as did defendants.

On April 15, 2011, DOJ sought Partial Summary Judgment as to Liability, arguing that conditions at 32 of the 52 multifamily housing complexes identified in the first phase of discovery established a pattern or practice of discrimination against persons with a disability in violation of the FHA and the ADA. Defendants also sought partial summary judgment with respect to the remaining 20 properties no longer at issue.

In November 2011, the Magistrate Judge (Magistrate Judge Jeff Kaplan) issued his Findings and Recommendations to deny the motions for partial summary judgment; this was adopted by the district court on January 9, 2012.

The parties then settled; on June 25, 2012, the court entered a Consent Order and dismissed all claims with prejudice. The Consent Order includes an injunction to prevent the defendant from discriminating on the basis of disability as described in the FHA and the ADA and orders the defendants to pay $10.25 million into an accessibility fund to be used to develop the accessible housing stock and to retrofit existing housing units. The defendants were also ordered to pay $250,000 to the United States Treasury as a civil penalty, the largest such penalty in a DOJ FHA case to date. (DOJ press release: http://www.justice.gov/opa/pr/2012/June/12-crt-802.html) The defendants, for the duration of the order, must provide information to the United States regarding the design and construction of any multi-family housing units built by the defendants or related entities. The order remains in effect for 3 years from the date it was entered.

Elizabeth Daligga - 06/29/2012
Asma Husain - 02/14/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Comply with advertising/recruiting requirements
Discrimination Prohibition
Implement complaint/dispute resolution process
Recordkeeping
Reporting
Defendant-type
Multi-family housing provider
Disability
Mobility impairment
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Disability (inc. reasonable accommodations)
General
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.
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Apartment Community Realty
Jefferson Bend
Jefferson Lake Creek
JPI Apartment Development
JPI Construction
Lifestyle Apartment Development Service
Multifamily Construction, LLC
Plaintiff Description Plaintiff is the United States, on behalf of people with disabilities unable to access multi-family housing developed by defendant.
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 Unknown
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)
3:09−cv−00412 (N.D. Tex.) 01/11/2016
FH-TX-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/04/2009
FH-TX-0008-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer and Demand for Jury Trial 05/08/2009
FH-TX-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of United States' Motion for Partial Summary Judgment as to Liability 04/15/2011
FH-TX-0008-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Combined Cross-Motion for Summary Judgment or, Alternatively, for Partial Summary Judgment and Response to Plaintiff's Motion for Summary Judgment 05/16/2011
FH-TX-0008-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Findings and Recommendation of the United States Magistrate Judge 11/10/2011 (2011 WL 6963160)
FH-TX-0008-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Trial Brief 06/08/2012
FH-TX-0008-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Order 06/25/2012 (N.D. Tex.)
FH-TX-0008-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Dismissing All Claims and Closing Case 06/25/2012 (N.D. Tex.)
FH-TX-0008-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Boyle, Jane J. (N.D. Tex.) [Magistrate]
FH-TX-0008-0007 | FH-TX-0008-0008 | FH-TX-0008-9000
Kaplan, Jeff (N.D. Tex.) [Magistrate]
FH-TX-0008-0005
Monitors/Masters None on record
Plaintiff's Lawyers Barron, Pamela Owen (District of Columbia)
FH-TX-0008-9000
Borshansky, Neta (District of Columbia)
FH-TX-0008-9000
Ernst, Susan L. S. (Texas)
FH-TX-0008-9000
Jacks, James T (Texas)
FH-TX-0008-0001 | FH-TX-0008-9000
Kijewski, Kevin J. (District of Columbia)
FH-TX-0008-9000
King, Loretta (District of Columbia)
FH-TX-0008-0001
Maurer, Michael S. (District of Columbia)
FH-TX-0008-0001 | FH-TX-0008-9000
McAllister, Jennifer E. (District of Columbia)
FH-TX-0008-9000
Murphy, Donna M. (District of Columbia)
FH-TX-0008-0001
Parker, John R (Texas)
FH-TX-0008-0001 | FH-TX-0008-9000
Rosenbaum, Steven H. (District of Columbia)
FH-TX-0008-9000
Steinacker, Andrea K. (District of Columbia)
FH-TX-0008-0003 | FH-TX-0008-0007 | FH-TX-0008-9000
Wilson, Lynette S. (Texas)
FH-TX-0008-0007 | FH-TX-0008-9000
Defendant's Lawyers Calkins, Lynn E. (District of Columbia)
FH-TX-0008-0004 | FH-TX-0008-0006 | FH-TX-0008-9000
Hanback, Christopher (District of Columbia)
FH-TX-0008-0004 | FH-TX-0008-0006 | FH-TX-0008-0007 | FH-TX-0008-9000
McDermott, Paul A. (Florida)
FH-TX-0008-0006 | FH-TX-0008-9000
Petersen, Rafe (District of Columbia)
FH-TX-0008-0004 | FH-TX-0008-0006 | FH-TX-0008-9000
Polemenakos, Elaine (Texas)
FH-TX-0008-9000
Sessions, William Lewis (Texas)
FH-TX-0008-0002 | FH-TX-0008-0004 | FH-TX-0008-0006 | FH-TX-0008-0007 | FH-TX-0008-9000
Other Lawyers None on record

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