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Case Name United States v. Testa Family Enterprises FH-OH-0012
Docket / Court 5:10-cv-02319-DDD ( N.D. Ohio )
State/Territory Ohio
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On October 12, 2010, the United States filed a lawsuit in the United States District Court for the Northern District of Ohio, under the Fair Housing Act, 42 U.S.C. §§3601-3631, against the owner and manager of a 26-unit apartment building located in Akron Ohio. The U.S. sought declaratory, ... read more >
On October 12, 2010, the United States filed a lawsuit in the United States District Court for the Northern District of Ohio, under the Fair Housing Act, 42 U.S.C. §§3601-3631, against the owner and manager of a 26-unit apartment building located in Akron Ohio. The U.S. sought declaratory, injunctive, and monetary relief, and civil penalties, alleging that the Defendants had engaged in a pattern and practice of discrimination on the basis of familial status in their rental of apartments. Specifically, the complaint alleged that the Defendants refused to rent to families with small children.

The case was litigated for several months, but then settled. On June 8, 2011, the Court (Judge David Dowd) approved a three-year Consent Decree which, in addition to general prohibitions against discrimination based on familial status, requires Defendants to adopt a non-discrimination policy, to include the words "Equal Housing Opportunity" on all advertising, to train all personnel in equal housing opportunity requirements, and to report any complaints. Defendants agreed to pay $50,000 in damages to one family, and a $10,000 civil penalty to the United States.

On June 5, 2014, just before the consent decree was set to expire, the parties jointly moved to extend it to June 8, 2015. Judge Dowd approved this motion the following day.

There was no further litigation, and the consent decree has since terminated. The case is now closed.

- 10/12/2012
- 12/01/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Provide antidiscrimination training
Recordkeeping
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Age discrimination
Family discrimination
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.
Defendant(s) Testa Family Enterprises, LTD
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
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
civil penalty
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - 2015
Filing Year 2010
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
5:10-cv-02319 (N.D. Ohio)
FH-OH-0012-9000.pdf | Detail
Date: 06/06/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
FH-OH-0012-0001.pdf | Detail
Date: 10/12/2010
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Consent Order [ECF# 11]
FH-OH-0012-0002.pdf | Detail
Date: 06/08/2011
Source: PACER [Public Access to Court Electronic Records]
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Judges Dowd, David Dudley Jr. (N.D. Ohio) show/hide docs
FH-OH-0012-0002 | FH-OH-0012-9000
Plaintiff's Lawyers Dettelbach, Steven M (District of Columbia) show/hide docs
FH-OH-0012-0002
Heyer, Michelle L (Ohio) show/hide docs
FH-OH-0012-0001 | FH-OH-0012-0002 | FH-OH-0012-9000
Perez, Thomas E. (District of Columbia) show/hide docs
FH-OH-0012-0001 | FH-OH-0012-0002
Singer, Elizabeth A (District of Columbia) show/hide docs
FH-OH-0012-0002
Defendant's Lawyers Chessler, Craig (Ohio) show/hide docs
FH-OH-0012-0002 | FH-OH-0012-9000
Traub, Randall M (Ohio) show/hide docs
FH-OH-0012-0002 | FH-OH-0012-9000

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