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Fair Housing Foundation v. Gomez

June 2, 2009

FAIR HOUSING FOUNDATION, PLAINTIFF,
v.
JOSE L. GOMEZ, MAGDALENA GOMEZ, REFUGIO VILLARREAL, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Manuel L. Real United States District Judge

CONSENT DECREE RECITALS

This case was brought by Plaintiff Fair Housing Foundation against Defendants Jose L. Gomez, Magdalena Gomez, and Refugio Villarreal. Plaintiffs allege that Defendants violated the Fair Housing Act, 42 U.S.C. § 3601, et seq. ("FHA"), the California Fair Employment and Housing Act, Cal. Gov. Code § 12900, et seq.

("FEHA"), and negligence. Specifically, Plaintiff alleges that Defendants have engaged in discriminatory housing practices based on race, color and/or national origin at 10715 S. Avalon Blvd., Los Angeles, California 90061 ("the subject property"). Defendants do not admit to any liability. Defendants deny all of Plaintiff's allegations. Further, Defendants allege the following:

1. Defendants do not discriminate on the basis of race, color or national origin.

2. Defendants did not discriminate on the basis of race, color or national origin in connection with the events and circumstances surrounding this case.

3. Defendants native language is Spanish. Defendants communicate with tenants and prospective tenants in their native language as a business necessity.

4. Only Defendants Jose L. Gomez and Magdalena Gomez make decisions regarding the rental of units to prospective tenants at the subject property. Plaintiff and Defendants have agreed that the controversy should be resolved without a trial or adjudication on the merits and therefore have consented to entry of this Consent Decree and Order.

It is hereby ORDERED, ADJUDGED and DECREED:

I. TERM, JURISDICTION, AND DISMISSAL

A. The term of this Order shall be two (2) years from the date of entry.

B. The Court shall retain jurisdiction over this Order for the purpose of enforcing the Order's terms, after which time the case shall be dismissed with prejudice.

II. INJUNCTION

B. Defendants shall not discriminate in any aspect of the rental of dwellings in violation of the FHA or FEHA, including but not limited to the following:

1. Refusing to rent or sell a dwelling, refusing or failing to provide or offer information about a dwelling, or otherwise making unavailable or denying a dwelling to any person because of race, color, national origin, religion, sex, familial status, disability (handicap), sexual orientation, marital status, ancestry, source of income as defined in California Government Code Section 12955, age, or other characteristics protected by law;

2. Discouraging or encouraging prospective tenants from obtaining information about, viewing, applying to rent, or renting any dwelling, on the basis or race, color, national origin, religion, sex, familial status, disability (handicap), sexual orientation, marital status, ancestry, source of income as defined in California Government Code Section 12955, age, or other characteristics protected by law;

3. Discriminating against any person in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, religion, sex, familial status, disability (handicap), sexual orientation, marital status, ancestry, source of income as defined in ...


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