Filed Date: Oct. 29, 2008
Closed Date: 2013
Clearinghouse coding complete
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 consent decree terminated in 2013 without any further litigation. The case is now closed.
Summary Authors
Clearinghouse (12/1/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5707922/parties/united-states-v-latvian-tower-condominium/
Dull, Robin L. (District of Columbia)
Gilg, Deborah R. (Nebraska)
Kelly, Laurie A. (Nebraska)
McVay, James B. (Nebraska)
Bond, Rebecca B. (District of Columbia)
Urbom, Warren Keith (Nebraska)
See docket on RECAP: https://www.courtlistener.com/docket/5707922/united-states-v-latvian-tower-condominium/
Last updated Jan. 27, 2024, 3:13 a.m.
State / Territory: Nebraska
Case Type(s):
Fair Housing/Lending/Insurance
Special Collection(s):
Key Dates
Filing Date: Oct. 29, 2008
Closing Date: 2013
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Latvian Tower Condominium (Omaha), Private Entity/Person
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 127,500
Order Duration: 2010 - 2013
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discrimination-basis: