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Case Name
United States v. Peterson
FH-MI-0008
Docket / Court
2:09-cv-10333-JAC-DAS ( E.D. Mich. )
State/Territory
Michigan
Case Type(s)
Fair Housing/Lending/Insurance
Attorney Organization
U.S. Dept. of Justice Civil Rights Division
Case Summary
On January 29, 2009, the United States Department of Justice filed a lawsuit in the U.S. District for the Eastern District of Michigan under the Fair Housing Act against a local property owner and his property manager. At issue was the treatment of female tenants in several single-family dwellings ...
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On January 29, 2009, the United States Department of Justice filed a lawsuit in the U.S. District for the Eastern District of Michigan under the Fair Housing Act against a local property owner and his property manager. At issue was the treatment of female tenants in several single-family dwellings in Ypsilanti, Michigan. The U.S. alleged that the property manager engaged in a pattern and practice of subjecting current and prospective female tenants to sexual discrimination and harassment, and that the owner knew or should have know of his behavior and took no action to stop it. The complaint (subsequently amended) sought declaratory, injunctive, and monetary relief along with civil penalties.
The specific facts alleged were that the property manager demanded sexual favors from female tenants in exchange for rental and for services, subjected them to unwanted verbal sexual advances; entered the apartments of female tenants without permission or notice; granted and denied tangible housing benefits based on sex; and took adverse action against female tenants when they refused or objected to his sexual advances.
After a full trial, a jury found liability in the amount of $115,000 on August 6, 2010. On September 20, the U.S. then sought injunctive relief and penalties, which District Judge Julian Abele Cook granted on March 3, 2011. The Order imposed the maximum allowable $55,000 in civil penalties against the property manager and $27,500 against the owner. Additionally, it imposed a fairly detailed injunction:
It imposed a general prohibition against gender discrimination.
It required the owners to adopt and distribute written non-discrimination policies, identifying and giving contact information for the owner and any manger, and providing information necessary for filing a complaint with the Department of Housing and Urban Development.
Defendants were required to post EHO signs and to receive and provide EHO for the owners and any current and future employees.
It required detailed record-keeping and reporting requirements to allow compliance monitoring.
It permanently prohibited the property manager, from ever having "any involvement in the management, rental, or maintenance of any dwelling, as defined by the Fair Housing Act, 42 U.S.C. § 802(b)."
The case terminated on May 18, 2011. The injunction period for payments to the plaintiff was later extended through the end of 2018. The case is now closed.
Asma Husain - 02/07/2016
Maddie McFee - 11/25/2019
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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Single family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Sex 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.
Case Details
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Defendant(s)
First Pitch Properties, LLC
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
Source of Relief
Litigation
Order Duration
2009 - 2018
Filed
01/29/2009
Case Closing Year
2018
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)
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Documents
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Court
Docket(s)
E.D. Mich.
12/14/2018
2:09-cv-10333
FH-MI-0008-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D. Mich.
01/29/2009
Complaint and Request for Jury Trial [ECF# 1]
FH-MI-0008-0004.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
12/10/2009
First Amended Complaint and Request For Jury Trial [ECF# 45]
FH-MI-0008-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
08/06/2010
Judgment for Plaintiff Jury Verdict [ECF# 79]
(2010 WL 3183508)
FH-MI-0008-0003.pdf
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WESTLAW
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
09/20/2010
Plaintiff's Motion for Civil Penalties and Injunctive Relief [ECF# 93]
FH-MI-0008-0005.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
10/04/2010
Defendant Peterson's Answer to Plaintiff's Motion for Civil Penalties and Injunctive Relief [ECF# 94]
FH-MI-0008-0006.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Mich.
03/03/2011
Order Granting Motion for Civil Penalties and Injunctive Relief [ECF# 99]
FH-MI-0008-0002.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
Cook, Julian Abele Jr.
(E.D. Mich.)
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FH-MI-0008-0002 | FH-MI-0008-0003 | FH-MI-0008-0006 | FH-MI-0008-9000
Plaintiff's Lawyers
Berg, Terrence George
(Michigan)
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FH-MI-0008-0001 | FH-MI-0008-0004
Courtright, Cornelius J.
(Michigan)
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FH-MI-0008-9000
Filip, Mark R.
(Illinois)
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FH-MI-0008-0004
Hotz, Jacqueline M.
(Michigan)
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FH-MI-0008-9000
King, Loretta
(District of Columbia)
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FH-MI-0008-0004
Levy, Judith Ellen
(Michigan)
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FH-MI-0008-0001 | FH-MI-0008-0004 | FH-MI-0008-0005 | FH-MI-0008-9000
McAllister, Jennifer E.
(District of Columbia)
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FH-MI-0008-0004 | FH-MI-0008-0005 | FH-MI-0008-9000
Moran, Timothy
(District of Columbia)
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FH-MI-0008-0001
Murphy, Donna M.
(District of Columbia)
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FH-MI-0008-0004
Rosenbaum, Steven H.
(District of Columbia)
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FH-MI-0008-0001
Ziedas, Tauras N.
(Michigan)
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FH-MI-0008-9000
Defendant's Lawyers
Ferris, Donald W. Jr.
(Michigan)
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FH-MI-0008-0006 | FH-MI-0008-9000
Goldstein, David I.
(Michigan)
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FH-MI-0008-9000
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