United States v. Page Properties Inc.

No. 98-2489 (8th Cir. July 6, 1999). ; Clearinghouse Number: 52599

Description

Civil Penalties Against Apartment Owner and Manager for Violating Fair Housing Act Are Discretionary

Abstract

The Eighth Circuit affirmed the district court’s refusal to enter civil penalties against defendant apartment owner and manager for violations of the Fair Housing Act (FHA). Alleging a pattern and practice of discrimination on the basis of race and familial status in the rental of buildings in violation of the FHA, plaintiff United States filed suit against defendants. The district court found a pattern and practice of discrimination and ordered defendant apartment owner to develop a comprehensive tenant- selecting policy, including maintaining logs documenting the race of all potential tenants and using the FHA logo in its advertising. Although the FHA, 42 U.S.C. § 3614(d)(1)(C), states that the district court "may" also assess a penalty "to vindicate the public interest," the court did not enter civil penalties against either defendant; the court stated that penalties would do little to deter discrimination in light of the expansive injunction. Plaintiff United States appealed the court’s refusal to enter civil penalties. The Eighth Circuit, recognizing that the word "may" in the FHA gave the district court complete discretion in awarding civil penalties, affirmed.

Additional Information

Docket Date
1999-07-06 00:00:00+00:00

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