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1
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CONSENT ORDER
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EXTRACTED KEY WORDS
HOUSING GARDNER UNITED STATES DWELLINGS FAIR HOUSING IDAHO DEFENDANT MARVIN DISCRIMINATION CONSENT ORDER PURSUANT COMPLAINT COURT FAIR HOUSING ACT INQUIRY PARTIES DISTRICT PLAINTIFF CIVIL CONDUCTING ATTORNEY EDUCATION IFHC ADVERTISING REXBURG PERMIT APARTMENT HOUSING PRACTICES URBAN DEVELOPMENT CHARGE |
UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
CIV 98-0455-E-BLW
MARVIN A. GARDNER,
Defendant.
______________________________
CONSENT ORDER
I. INTRODUCTION
The United States commenced this action on behalf of the Idaho Fair
Housing Council (IFHC) pursuant to 42 U.S.C. § 3612(o) by filing a
Complaint alleging that Defendant Marvin A. Gardner violated the Fair
Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by
the Fair Housing Amendments Act of 1988), 42 U.S.C. §§ 3601-3619. The
complaint alleges that Defendant made statements indicating a
preference, limitation, or discrimination because of familial status
with respect to rental of a dwelling.
More specifically, the United States alleges in its Complaint that:
(1) on several dates in November 1997, Mr. Gardner published an
advertisement for a vacancy in his dwelling in the Rexburg
Standard-Journal, a twice-weekly newspaper which included language
that indicated no children would be permitted in the apartment; (2)
the Idaho Fair Housing Counsel (IFHC), a nonprofit organization that
promotes fair housing practices for housing providers and consumers
throughout Idaho, instructed two testers to call the listed number to
inquire about the apartment, and that Mr. Gardner told each tester
that occupancy of the apartment by children would be forbidden or
limited.
The director of the IFHC filed a timely housing discrimination
complaint with the Secretary of Housing and Urban Development (the
Secretary) pursuant to section 810(a) of the Fair Housing Act, as
amended, 42 U.S.C. § 3610(a)), alleging that Mr. Gardner discriminated
in housing because of familial status. Pursuant to the requirements of
42 U.S.C. §§ 3610(a) and (b), the Secretary conducted and completed an
investigation of the complaint, attempted conciliation without
success, and prepared a final investigative report. Based on
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2
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COMPLAINT
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EXTRACTED KEY WORDS
FAIR HOUSING IDAHO FAIR HOUSING DEFENDANT MARVIN GARDNER FAIR HOUSING COUNCIL DISCRIMINATORY UNITED STATES FAIR HOUSING ACT PURSUANT CIVIL HOUSING PRACTICES DISTRICT COMPLAINT ATTORNEY COURT APARTMENT ADVERTISEMENT FAMILIES VIOLATION CIVIL RIGHTS ENFORCEMENT RESIDENTIAL RENTAL PROPERTY DWELLING REXBURG HOUSING PROVIDERS CONSUMERS TESTERS RENTING URBAN DEVELOPMENT |
UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
CIV 98-0455-E-BLW
MARVIN A. GARDNER,
Defendant.
______________________________
CIVIL RIGHTS COMPLAINT
The United States of America alleges:
1. This action is brought by the United States to enforce the
provisions of Title VIII of the Civil Rights Act of 1968 (the Fair
Housing Act), as amended by the Fair Housing Amendments Act of
1988, 42 U.S.C. §§ 3601-3619. It is brought on behalf of the Idaho
Fair Housing Council pursuant to section 812(o) of the Fair
Housing Act ("the Act"), as amended, 42 U.S.C. § 3612(o).
2. This Court has jurisdiction over this action under 28 U.S.C.
§ 1345 and 42 U.S.C. § 3612(o).
3. Defendant Marvin A. Gardner is a resident of the District of
Idaho. At all relevant times, Defendant Marvin A. Gardner owned a
four-unit residential rental property located at 122 N. 4th E.,
Rexburg, Idaho 83440, in the District of Idaho. The apartments in
this four-unit residential rental property are dwellings within
the meaning of 42 U.S.C. § 3602(b).
4. The Idaho Fair Housing Council is a nonprofit organization that
promotes fair housing practices for housing providers and
consumers throughout Idaho.
5. In November 1997, Defendant Marvin A. Gardner caused an
advertisement for a vacancy in the four-unit property to be placed
in the Rexburg Standard-Journal, a twice-weekly newspaper. Inter
alia, the advertisement stated that "no children" would be
permitted in the apartment.
6. Upon seeing the advertisement, representatives of the Idaho Fair
Housing Council instructed two testers to telephone the number
listed in the advertisement to inquire about renting the
apartment. Defendant Marvin A. Gardner told each of the two
testers that occupancy of the apartment by children would be
prohibited or restricted.
7. On or about March 13, 1998, the director of the Idaho Fair Housing
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