UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
CASE NO. 6:22-CV-1824-WWB-LHP
v.
CONCORD COURT AT CREATIVE
VILLAGE PARTNERS, LTD, DBA
CONCORD COURT AT CREATIVE
VILLAGE/AMELIA COURT AT
CREATIVE VILLAGE, SAS CONCORD
COURT AT CREATIVE VILLAGE
MANAGERS, LLC, CONCORD
MANAGEMENT, LTD, DBA CONCORD
RENTS, CONCORD MANAGEMENT
COMPANY, INC., and DAWN LAWSON,
Defendants.
___________________________________/
CONSENT ORDER
1. The United States initiated this lawsuit to enforce the Fair Housing Act,
Title VIII of the Civil Rights Act of 1968, as amended (“the Fair Housing
Act”), 42 U.S.C. § 3601, et seq.
2. This action was brought under 42 U.S.C. § 3612(o), on behalf of Sherri
Bannister, Tais Hannah, Kniia Coffee (collectively, “the HUD Election
Complainants”) and their children, and under 42 U.S.C. § 3614(a), the
Attorney General’s authority to seek redress for a pattern or practice of
housing discrimination and for a denial of rights to a group of persons that
raises an issue of general public importance.
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3. Defendants Concord Court at Creative Village Partners, LTD, d/b/a
Concord Court at Creative Village/Amelia Court at Creative Village
(“Creative Village Partners”) and Concord Management, LTD d/b/a
Concord Rents (“Concord Rents”) are the owners, operators, and/or
managers of Concord Court, a 116-unit Low-Income Housing Tax Credit
development located on West Concord Street in Orlando, Florida in the
Middle District of Florida.
4. Concord Court is part of Amelia Court at Creative Village (“Creative
Village”), an apartment community with approximately 256 residential
units in Orlando. The Creative Village includes Concord Court as well as
Amelia Court, an apartment tower located on West Amelia Street.
Concord Rents manages Concord Court, Amelia Court, and the common
use areas and amenities available to tenants of the Creative Village.
5. Defendants SAS Concord Court at Creative Village Managers, LLC (“SAS
Concord Court”) and Concord Management Company, Inc. are the
general partners of Defendants Creative Village Partners and Concord
Rents, respectively.
6. Southern Affordable Services, Inc. is the sole manager and member of SAS
Concord Court and offers affordable housing apartments at a number of
residential real estate properties in the State of Florida.
7. Defendant Dawn Lawson is an employee of Concord Rents and managed
Concord Court as its “Community Director” from January 2019 until
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October 2019. Ms. Lawson also previously served as the property manager
of Amelia Court.
8. The United States’ complaint (the “Complaint”) alleges that Defendants
Creative Village Partners, Concord Rents, SAS Concord Court, Concord
Management Company, Inc., and Dawn Lawson (collectively,
“Defendants”) violated the Fair Housing Act by discriminating on the
basis of familial status by adopting and implementing policies and practices
that unjustifiably restricted minor residents’ access to Concord Court, its
common spaces, and the amenities available to tenants of the Creative
Village. Specifically, Defendants refused to issue building access devices to
residents under the age of 18 and maintained rules requiring children to be
supervised by an adult in the apartment community’s common areas and
accompanied by a legal guardian in the clubhouse and fitness center. The
Complaint alleges that these policies were also applied to residents of
Amelia Court.
9. Defendants allege that they received certificates of occupancy for all
apartment homes at the Creative Village on May 30, 2019 and June 26,
2019, and 256 households subsequently moved into the Creative Village by
August 2019. Defendants maintain that they received the first formal
complaint regarding its building access devices on September 20, 2019, and
by September 27, 2019 notified all residents that additional building access
devices were available to all household members. At all relevant times,
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Defendants assert that they provided building access through four call box
systems as an alternative for those household members who were not
leaseholders and were not issued building access devices to ensure only
those authorized to access the building were allowed to do so. The United
States contests Defendants’ allegations based, in part, upon documents,
which it alleges show that tenants moved into the Creative Village between
mid-June and late September of 2019 and that Defendant Concord Rents
received complaints about the policy governing issuance of building access
devices—and its impact on minor residents—in June 2019.
10. The Complaint further alleges that Defendants violated the Fair Housing
Act by discriminating on the basis of familial status by misrepresenting the
availability of desirable apartments on Concord Court’s second floor to
rental housing applicants with children, including Ms. Bannister.
11. In the fall of 2019, each of the HUD Election Complainants filed a timely
housing discrimination complaint with the United States Department of
Housing and Urban Development (“HUD”) on behalf of themselves and
their children. These complaints, as amended, alleged, in part, that
Defendants had discriminated against each of the HUD Election
Complainants and their children on the basis of familial status in violation
of the Fair Housing Act.
12. The Secretary of HUD (“the Secretary”) completed an investigation of
each of the HUD Election Complainants’ complaints. Following the
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investigations, in September 2021, the Secretary issued three Charges of
Discrimination. The Secretary charged Defendants with discriminating
against Ms. Bannister, Ms. Hannah, and their children on the basis of
familial status in violation of Sections 3604(b), (c), and (d) of the Fair
Housing Act. The Secretary charged Defendants with discriminating
against Ms. Coffee and her son on the basis of familial status in violation of
Sections 3604(b) and (c) of the Fair Housing Act.
13. In September and October 2021, Defendants made timely elections to have
the claims asserted in the three Charges of Discrimination resolved in
federal court, under 42 U.S.C. § 3612(a). The Secretary authorized the
Attorney General to commence civil action(s) related to the Charges of
Discrimination, under 42 U.S.C. § 3612(o).
14. On November 19, 2021, the United States received a pattern or practice
referral from HUD, under 42 U.S.C. § 3610(e)(2), regarding several
additional housing discrimination complaints filed by tenants with children
(collectively, the “Pattern or Practice Referral Complainants”) against
Defendants. These complaints involve similar allegations to the three
Charges of Discrimination.
15. On October 6, 2022, the United States filed this action to enforce the
provisions of the Fair Housing Act.
16. The United States alleges that, through their conduct, Defendants have:
a. Discriminated in the terms, conditions, or privileges of sale or rental of a
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dwelling because of familial status, in violation of 42 U.S.C. § 3604(b);
b. Made, printed, published, or caused to be made, printed, or published
statements with respect to the rental of a dwelling that indicated a
preference, a limitation, or discrimination based on familial status, or an
intention to make such a preference, a limitation, or discrimination, in
violation of 42 U.S.C. § 3604(c);
c. Represented to a person because of their familial status that a dwelling
was not available for inspection or rental when such dwelling was in
fact so available, in violation of 42 U.S.C. § 3604(d); and
d. Engaged in a pattern or practice of resistance to the full enjoyment of
rights granted by the Fair Housing Act, and a denial to a group of
persons of rights granted by the Fair Housing Act which raises an issue
of general public importance, in violation of 42 U.S.C. § 3614(a).
17. The United States and Defendants (collectively, the “Parties”) agree that
this Court has jurisdiction over this action and may grant the relief sought
herein under 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. §§ 3612(o) and
3614(a).
18. Defendants, individually and collectively, deny the allegations asserted in
the Complaint filed in this action and in this Consent Order (“this Order”),
including but not limited to the allegations that they engaged in a pattern
or practice of discrimination based upon familial status, or denied rights
protected by the Fair Housing Act to a group of persons, or otherwise
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violated any person’s rights afforded by the Fair Housing Act and/or any
other federal, state, or local law or regulation.
19. This Order is not to be considered an adverse fair housing settlement, an
adverse civil rights settlement, or an adverse federal or state government
proceeding and settlement.
20. The Parties have voluntarily agreed, as indicated by the signatures below,
to resolve the United States’ claims against Defendants without further
proceedings or a trial. This Order constitutes full resolution of the claims
in the United States’ Complaint against Defendants.
Therefore, it is ORDERED, ADJUDGED, and DECREED THAT:
I. GENERAL INJUNCTIVE RELIEF
21. Defendants, their employees, operators, managers, agents, and all other
persons or entities in active concert or participation with any of them, are
hereby enjoined, with respect to the rental of dwellings,
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from:
a. Discriminating against any person in the terms, conditions, or privileges
of the rental of a dwelling, or in the provision of services or facilities in
connection therewith, because of familial status;
b. Making, printing, or publishing, or causing to be made, printed, or
published any notice, statement, or advertisement, with respect to the
rental of a dwelling, that indicates any preference, limitation, or
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The term “dwelling” shall be defined as set forth in the Fair Housing Act, 42 U.S.C. §
3602(b).
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discrimination based on familial status, or an intention to make any
such preference, limitation, or discrimination; and
c. Representing to any person because of their familial status that any
dwelling is not available for inspection or rental when such dwelling is
in fact so available.
II. SPECIFIC INJUNCTIVE RELIEF
22. Defendants, their employees, operators, managers, agents, and all other
persons and entities in active concert or participation with any of them, are
hereby enjoined, with respect to the rental of dwellings, from creating,
maintaining, or enforcing rules or policies that limit or impose conditions,
limitations, or requirements on minor residents’ ability to access their units,
elevators, stairwells, or buildings at residential rental properties Defendants
own, operate, or manage,
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unless the rules or policies are narrowly tailored
to further a legitimate, nondiscriminatory purpose.
23. Defendants, their employees, operators, managers, agents, and all other
persons and entities in active concert or participation with any of them, are
hereby enjoined, with respect to the rental of dwellings, from creating,
maintaining, or enforcing rules or policies that require adult supervision of
children in common areas and amenity spaces available to tenants at any
2
Defendants have provided a complete and current list of the mailing addresses of the
residential rental properties they own, operate, or manage, which is incorporated by
reference herein and attached to this Order as Attachment A.
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residential rental properties Defendants own, operate, or manage, unless
the rules or policies are narrowly tailored to further a legitimate,
nondiscriminatory purpose.
24. Defendants, their employees, operators, managers, agents, and all other
persons and entities in active concert or participation with any of them, are
hereby enjoined, with respect to the rental of dwellings, from failing to
provide, upon request or indication of interest, complete and accurate
information to rental housing applicants with children regarding particular
units that have not been assigned to other tenant households at the
residential rental properties Defendants own, operate, or manage,
including their rental prices and any qualifications for rental.
III. NONDISCRIMINATION POLICY
25. Within 30 days of the entry of this Order, each Defendant shall adopt,
implement, and maintain the Nondiscrimination Policy (the “Policy”)
appearing at Attachment B and shall distribute the Policy and this Order to
all their employees, operators, managers, agents, and all other persons or
entities in active concert or participation with any of them who work at any
of the residential rental properties they own, operate, or manage.
26. Within 60 days of the entry of this Order, each Defendant shall secure
signed statements from each of their employees, operators, managers, or
agents who have management or leasing responsibilities at any residential
rental property any Defendant owns, operates, or manages acknowledging
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that they have received, read, understand, and agree to abide by the Policy
and the Order. This statement shall be in the form of Attachment C.
27. Within 30 days of the entry of this Order, Defendants must post and
prominently display the Policy in the rental and/or management office of
each residential rental property that they own, operate, or manage, as well
as on any websites they operate associated with any such properties, for the
term of this Order.
IV. EDUCATION AND TRAINING
28. Within 90 days of the entry of this Order, each Defendant and their
employees, operators, managers, or agents who have management or
leasing responsibilities at any residential rental property any Defendant
owns, operates, or manages shall attend live training on the Fair Housing
Act. The training shall cover all the Fair Housing Act’s protections, with
specific emphasis on discrimination on the basis of familial status. The
training shall be conducted in accordance with the following requirements:
a. The trainer or training entity shall be independent of Defendants and
their employees, agents, and counsel, qualified to conduct such training,
and approved in advance by the United States;
b. Defendants shall submit to the United States the name and contact
information of the person or organization proposed to provide the
training no fewer than thirty 30 days before the training date;
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c. Defendants shall, no later than ten days after the training, provide the
United States with certifications executed by all individuals who
attended the training.
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The certification shall be in the form of
Attachment D; and
d. Any expenses associated with the training shall be borne by
Defendants.
29. Each new employee, operator, manager, or agent who has management or
leasing responsibilities at any residential rental property any Defendant
owns, operates, or manages shall (a) be apprised of the contents of the
Policy, this Order, and of their obligations under the Fair Housing Act
when their employment or agency commences; (b) be provided with the
Policy and this Order when their employment or agency commences; and
(c) execute the statement contained in Attachment C within five days of
their first day of employment.
V. REPORTING, RECORD KEEPING, AND MONITORING
30. Defendants shall notify counsel for the United States in writing within 15
days of receipt of any written complaint against any Defendant in this action,
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All documents or other communications required by this Order to be sent to counsel for the
is not possible, such correspondence shall be sent via overnight mail to: Chief, Housing and
Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, Attn: DJ 175-
17M-530, at the following address:
4 Constitution Square
150 M Street NE – Room 8.111
Washington, DC 20002
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or against any of Defendants’ employees, operators, managers, agents, or
any other persons or entities in active concert or participation with them,
regarding “familial status” discrimination in housing, as defined by the Fair
Housing Act, 42 U.S.C. § 3602(k), filed with any federal, state, or local
governmental agency, including a copy of the complaint. The notification
shall include the full details of the complaint, including the complainant’s
name, address, and telephone number.
31. Defendants shall also notify counsel for the United States in writing within
15 days of receipt of any written complaint made by a resident or former
resident of the Creative Village or any other residential rental property any
Defendant owns, operates, or manages against any Defendant in this action,
or against any of Defendants’ employees, operators, managers, agents, or
any other persons or entities in active concert or participation with them,
regarding “familial status” discrimination in housing, as defined by the Fair
Housing Act, 42 U.S.C. § 3602(k). Additionally, oral complaints made by
residents or former residents of the Creative Village regarding “familial
status” discrimination in housing, as defined by the Fair Housing Act, 42
U.S.C. § 3602(k), at Amelia Court and/or Concord Court must be reported
to counsel for the United States as described in this Paragraph. If the
complaint is written, Defendants shall provide a copy of it with the
notification. The notification shall include the full details of the complaint,
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including the complainant’s name, address, and telephone number.
32. Defendants shall also promptly provide the United States all information it
may request concerning any complaints described in Paragraphs 30-31 and
shall inform the United States within 15 days of any resolution of any such
complaint.
33. Defendants shall preserve all records relating to their obligations under this
Order. Upon providing reasonable notice to Defendants, representatives of
the United States shall be permitted to inspect and copy at reasonable times
any and all records related to Defendants’ obligations under this Order.
34. Within 90 days of the execution of this Order, and every six months
thereafter for the duration of this Order, Defendants shall certify to counsel
for the United States that they are in compliance with the terms of this Order,
including all policy, notice, and training requirements.
35. The United States may take steps to monitor Defendants’ compliance with
this Order and the Fair Housing Act, including but not limited to conducting
fair housing testing at any residential rental property owned, operated, or
managed by any Defendant.
VI. MONETARY DAMAGES TO THE HUD ELECTION
COMPLAINANTS, THE PATTERN OR PRACTICE REFERRAL
COMPLAINANTS, AND OTHER AGGRIEVED PERSONS
36. Defendants shall pay a total amount of $260,000 to resolve the United
States’ and the HUD Election Complainants’ claims for monetary damages
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stemming from Defendants’ policies at Concord Court and Amelia Court.
This amount shall be paid as set forth in Paragraphs 37 through 50 below.
A. HUD Election Complainants
37. Within ten days of the United States’ receipt of the release form,
Attachment E, signed by Complainant Sherri Bannister, Defendants shall
pay to Ms. Bannister, by wire transfer to her attorney and according her
attorney’s instructions, $30,000 in monetary damages.
38. The United States shall notify Defendants upon its receipt of the release
form referenced in Paragraph 37, and provide Defendants with the signed
release form after confirming that Defendants have made the payment
described in Paragraph 37.
39. Within ten days of the United States’ receipt of the release form,
Attachment E, signed by Complainant Tais Hannah, Defendants shall pay
to Ms. Hannah $17,500 in monetary damages by delivering a check
payable to Ms. Hannah to an address provided by the United States in the
amount of $17,500.
40. The United States shall notify Defendants upon its receipt of the release
form referenced in Paragraph 39, and provide Defendants with the signed
release form after confirming that Defendants have made the payment
described in Paragraph 39.
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41. Within ten days of the United States’ receipt of the release form,
Attachment E, signed by Complainant Kniia Coffee, Defendants shall pay
to Ms. Coffee, by wire transfer to her attorney and according her attorney’s
instructions, $15,000 in monetary damages.
42. The United States shall notify Defendants upon its receipt of the release
form referenced in Paragraph 41, and provide Defendants with the signed
release form after confirming that Defendants have made the payment
described in Paragraph 41.
B. The Pattern or Practice Referral Complainants and Other Aggrieved
Persons
43. Within ten days of the entry of this Order, Defendants shall deposit in an
interest-bearing escrow account the total sum of $197,500 for the sole
purpose of paying monetary damages to persons whom the United States
determines to have been harmed by Defendants’ discriminatory housing
practices at Concord Court and Amelia Court (“aggrieved persons”). This
money shall be referred to as “the Settlement Fund.” Within five business
days of the establishment of the Settlement Fund, Defendants shall submit
proof to the United States that the account has been created and the funds
described in this Paragraph deposited therein.
44. Any interest accruing to the Settlement Fund shall become a part of the
Settlement Fund and be utilized as set forth herein. Defendants shall be
solely responsible for any taxes assessed or owed on any interest earned on
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money deposited into the account associated with the Settlement Fund in
accordance with Paragraph 43.
45. The Pattern or Practice Referral Complainants listed in Attachment F shall
receive monetary damages from the Settlement Fund in the amounts set
forth in Attachment F. Defendants shall, within 20 days of the notice
from the United States that it has received the release referred to in
Paragraph 46, pay to the Pattern or Practice Referral Complainants listed
in Attachment F the amounts described in Attachment F according to
instructions to be provided by the United States.
46. As a prerequisite to receiving the payments described in Paragraph 45,
each of the Pattern or Practice Referral Complainants listed in Attachment
F shall execute and deliver to counsel for the United States a release in the
form of Attachment E. Counsel for the United States shall deliver the
original, executed release forms to counsel for Defendants.
47. Within six months of the date on which Defendants deposit the funds as
required by Paragraph 43, the United States shall inform Defendants as to
its determinations concerning which persons in addition to the HUD
Election Complainants and the Pattern or Practice Referral Complainants
listed in Attachment F are aggrieved and the appropriate amount in
monetary damages to be paid to each such person. Defendants agree that
the determinations of the United States shall be final, and Defendants
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hereby waive the right to contest the United States’ determination of who
qualifies as an aggrieved person in this or any other proceeding.
Defendants hereby agree that they will not seek to interfere with or oppose
the United States’ determinations regarding aggrieved persons and the
appropriate amount of monetary damages to be paid to each aggrieved
person. The Parties agree that the Settlement Fund will be distributed in its
entirety to aggrieved persons identified by the United States, which may
include the distribution of further funds to the HUD Election
Complainants and the Pattern or Practice Referral Complainants listed in
Attachment F.
48. In its letter informing Defendants of its determinations regarding aggrieved
persons, the United States shall apprise Defendants of the amounts (plus
accrued interest) that should be distributed to each aggrieved person.
Defendants shall, within ten days of receiving the United States’ letter,
deliver to counsel for the United States, by overnight delivery, a separate
check payable to each aggrieved person in the amounts recommended. In
no event shall the aggregate of all such checks exceed the sum of the
Settlement Fund plus accrued interest.
49. When counsel for the United States has received a check from Defendants
payable to an aggrieved person and a signed release in the form of
Attachment E from the aggrieved person, counsel for the United States
shall deliver the check to the aggrieved person and a copy of the signed
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release to counsel for Defendants. The HUD Election Complainants and
the Pattern or Practice Referral Complainants listed in Attachment F shall
not be required to execute a second release in order to receive further
distributions from the Settlement Fund.
50. The monetary damages required to be paid pursuant to this Section are a
debt within the meaning of 11 U.S.C. § 523(a)(6). Accordingly,
Defendants shall not seek to discharge any part of this debt in bankruptcy.
VII. ADDITIONAL RELIEF FOR THE HUD ELECTION AND
PATTERN OR PRACTICE REFERRAL COMPLAINANTS
51. Defendants agree to forgive any outstanding balance(s) alleged to be owed
by any HUD Election Complainant and any Pattern or Practice Referral
Complainant determined to be aggrieved by the United States, including
but not limited to the individuals listed in Attachment F, and shall not take
any further action to recover any such funds. For each HUD Election
Complainant and each Pattern or Practice Referral Complainant who the
United States determines is aggrieved, Defendants shall provide to the
United States the names of such individuals, an itemization of any
balance(s) alleged to be owed, and confirmation that the balance(s) were
forgiven. With respect to the HUD Election Complainants and the
individuals listed in Attachment F, Defendants shall provide this
information to the United States within five days of the entry of this Order.
Should the United States determine that any additional Pattern or Practice
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Referral Complainants are aggrieved, Defendants shall provide this
information to the United States within 21 days of receiving notice of their
aggrieved status.
52. Defendants represent and affirm that they have not reported and will not
report any detrimental information to Equifax, Experian, or TransUnion
(“the three major credit bureaus”) related to any debts allegedly accrued by
any of the HUD Election Complainants or the Pattern or Practice Referral
Complainants as of the date of entry of this Order. Should the United
States receive information that this representation is inaccurate, it will
notify Defendants within 21 days. Within 30 days of receiving the
notification, Defendants shall take any and all actions necessary to
expunge from credit histories any detrimental information they have
reported to any of the three major credit bureaus regarding any of the HUD
Election Complainants and the Pattern or Practice Referral Complainants,
and provide the United States with copies of the documents demonstrating
their compliance with this Paragraph.
53. Defendants also agree to forgive any outstanding balance(s) alleged to be
owed by any additional individuals the United States determines are
aggrieved. The United States shall provide Defendants a list of additional
individuals it has determined are aggrieved. Within 30 days of
Defendants’ receipt of such list from the United States, Defendants shall
provide to the United States the names of such individuals from the list
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with an itemization of the balance(s) each individual is alleged to have
owed, and confirmation that the balance(s) were forgiven.
VIII. CIVIL PENALTY
54. Within ten days of the entry of this Order, Defendants shall pay $5,000 to
the United States as a civil penalty under 42 U.S.C. § 3614(d)(l)(C), to
vindicate the public interest. This payment shall be in the form of an
electronic funds transfer in accordance with written instructions to be
provided by the United States.
55. The civil penalty referenced in Paragraph 54 is a debt for a fine, penalty, or
forfeiture payable to and for the benefit of the United States within the
meaning of 11 U.S.C. § 523(a)(7) and is not compensation for actual
pecuniary loss. Defendants shall not seek to discharge any part of this debt
in bankruptcy.
56. In the event that Defendants or any of their agents engage in future
violation(s) of the Fair Housing Act, such violation(s) will constitute a
“subsequent violation” under 42 U.S.C. § 3614(d)(1)(C)(ii).
IX. SCOPE, DURATION, AND ENFORCEMENT
57. This Order is effective immediately upon its entry by the Court and shall
remain in effect for four years from the date of its entry.
58. The provisions of this Order, except Sections VI, VII, and VIII, shall apply
to all Defendants, their employees, operators, managers, agents, and all
other persons and entities in active concert or participation with any of
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them. The aforementioned provisions of this Order shall apply to all the
residential rental properties that each Defendant owns, operates, or
manages, including but not limited to Concord Court, Amelia Court, and
the common use areas and amenities associated with these properties. The
aforementioned provisions of this Order shall also apply to all the
affordable housing offered by Southern Affordable Services, Inc. at
residential real estate properties in the State of Florida. Defendants
represent that they have the authority to implement the provisions of this
Order at all locations within the Creative Village and at Southern
Affordable Services, Inc.’s residential real estate properties in the State of
Florida.
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59. The Court shall retain jurisdiction for the duration of this Order to enforce
its terms, after which time the case shall be dismissed with prejudice. The
United States may move the Court to extend the period during which this
Order is in effect in the interests of justice.
60. This Order may be signed by the Parties in several counterparts, each of
which shall serve as an original as against any Party who signed it, and all
of which taken together shall constitute one and the same document.
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Defendants also represent and affirm that the list of properties at Attachment A includes
the mailing addresses of all the residential rental properties they own, operate, or manage,
as well as all locations where Southern Affordable Services, Inc. offers affordable housing in
the State of Florida.
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X. REMEDIES FOR NON-COMPLIANCE AND TIME FOR
PERFORMANCE
61. Any time limits for performance imposed by this Order may be extended by
mutual written agreement of the Parties.
62. The Parties shall endeavor in good faith to resolve informally any
differences regarding interpretation of and compliance with this Order
before bringing such matters to the Court for resolution. However, in the
event that the United States contends that there has been a failure by any
Defendant, whether willful or otherwise, to perform in a timely manner
any act required by this Order or otherwise to act in conformance with any
provision thereof, the United States may move the Court to impose any
remedy authorized by law or equity, including but not limited to entry of
an order requiring performance of any such act or deeming such act to
have been performed, and an award of any damages, costs, and reasonable
attorneys’ fees occasioned by the violation or failure to perform.
63. Failure of the United States to insist upon strict performance of any
provision of this Order shall not be deemed a waiver of the United States’
rights or remedies or a waiver by the United States of any default by
Defendants in performance or compliance with any terms of this Order.
XI. TERMINATION OF LITIGATION HOLD
64. The Parties agree that, as of the date of entry of this Order, litigation is not
reasonably foreseeable concerning the matters described herein. If any
Case 6:22-cv-01824-WWB-LHP Document 3-1 Filed 10/06/22 Page 22 of 31 PageID 50
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Party previously implemented a litigation hold to preserve documents,
electronically stored information, or things related to the matters described
in this Order, the Party is no longer required to maintain such a litigation
hold. However, nothing in this Order relieves Defendants of the record-
keeping responsibilities imposed by this Order.
XII. COSTS OF LITIGATION
65. Each Party to this litigation will bear its own costs and attorneys’ fees
associated with this litigation.
IT IS SO ORDERED.
DATED this ___ day of October, 2022
_____________________________
Judge Wendy W. Berger
United States District Court Judge
The undersigned hereby apply for and consent to the entry of this Order:
For the United States of America:
Dated: October 6, 2022
ROGER B. HANDBERG
United States Attorney
/s/ Yohance A. Pettis
YOHANCE A. PETTIS
Deputy Chief, Civil Division
United States Attorney’s Office
Middle District of Florida
KRISTEN CLARKE
Assistant Attorney General
Civil Rights Division
/s/ Jaclyn A. Harris
SAMEENA SHINA MAJEED
Chief
MICHAEL S. MAURER
Deputy Chief
JACLYN A. HARRIS
Trial Attorney
Civil Rights Division
Housing and Civil Enforcement Section
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For Defendants Concord Court at Creative Village Partners, LTD, DBA Concord Court at
Creative Village/Amelia Court at Creative Village, SAS Concord Court at Creative Village
Managers, LLC, Concord Management, LTD, DBA Concord Rents, Concord Management
Company, Inc., and Dawn Lawson:
Dated: October 6, 2022
/s/Scott P. Moore____________
SCOTT P. MOORE
Partner, Baird Holm LLP
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Attachment A
List of Properties Subject to the Order
1722 Lakewood Shores Lane, Brandon, Florida 33510
7400 Highline Drive, Brooksville, Florida 34613
110 Dolphin Fleet Circle, Daytona Beach, Florida 32119
1381 N Clyde Morris Boulevard, Daytona Beach, Florida 32117
600 Serenity Circle, Debary, Florida 32713
1575 S Woodland Boulevard, Deland, Florida 32720
2750 David Walker Drive, Eustis, Florida 32726
365 Garden Edge Point, Fern Park, Florida 32730
1508 Spring Lake Cove Lane, Fruitland Park, Florida 34731
3521 NW Treasure Coast, Jensen Beach, Florida 34957
302 Parkland Circle #101, Kissimmee, Florida 34744
501 Bald Cypress Drive, Kissimmee, Florida 34744
801 Coastal Bay Lane, Kissimmee, Florida 34741
840 Perth Place #102, Kissimmee, Florida 34758
2096 Boca Palms Circle, Kissimmee, Florida 34741
3201 Espinosa Drive, Kissimmee, Florida 34741
4480 Foothill Drive, Kissimmee, Florida 34746
735 S Highway 27/441, Lady Lake, Florida 32159
824 County Road 466, Lady Lake, Florida 32159
10816 NE 87th Loop #106, Lady Lake, Florida 32162
1403 Old Harbor Boulevard, Leesburg, Florida 34748
3400 Southwinds Cove Way, Leesburg, Florida 34748
32427 Quiet Harbor Avenue, Leesburg, Florida 34748
32511 Lake Harris Cove Avenue, Leesburg, Florida 34788
907 Tidewater Lane, Longwood, Florida 32750
525 Sybelia Parkway, Maitland, Florida 32751
2905 Kemblewick Drive, Melbourne, Florida 32935
2796 Spring Orchard Avenue, Mount Dora, Florida 32757
6400 Sentry Way, New Port Richey, Florida 34653
10101 Newport Sound Place, New Smyrna Beach, Florida 32168
1010 Skyline Loop, Orange City, Florida 32763
2500 Junior Street, Orange City, Florida 32763
315 W Concord Street, Orlando, Florida 32801
659 W Amelia Street, Orlando, Florida 32801
680 W Concord Street, Orlando, Florida 32801
1001 Landstar Park Drive, Orlando, Florida 32824
1030 Vista Haven Circle, Orlando, Florida 32825
1724 London Crest Drive, Orlando, Florida 32818
1915 Stable Drive, Orlando, Florida 32837
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3138 Pershing Park Drive #112, Orlando, Florida 32822
4503 Cove Drive, Orlando, Florida 32812
5000 Millenia Boulevard, Orlando, Florida 32839
5316 Millenia Boulevard, Orlando, Florida 32839
5903 Lee Vista Boulevard, Orlando, Florida 32822
6532 Pershing Avenue, Orlando, Florida 32822
7528 Marbella Pointe Drive, Orlando, Florida 32822
8413 Valencia Village Lane, Orlando, Florida 32825
9800 Dean Woods Place, Orlando, Florida 32825
9957 Hidden River Drive, Orlando, Florida 32829
11037 Laguna Bay Drive, Orlando, Florida 32821
13000 Island Bay Drive, Orlando, Florida 32828
134 Callan Way, Oviedo, Florida 32765
167 Linlake Cove, Oviedo, Florida 32765
450 Fontana Circle #105, Oviedo, Florida 32765
2780 Mystic Lake Drive, Oviedo, Florida 32765
5200 Loma Vista Circle, Oviedo, Florida 32765
154 Daffodil Drive SW, Palm Bay, Florida 32908
465 Landing Boulevard, Palm Coast, Florida 32164
1100 Beach Village Circle, Palm Coast, Florida 32137
1465 Central Avenue, Palm Coast, Florida 32164
2033 SE Lennard Road #105, Port Saint Lucie, Florida 34952
2500 NW Hatches Harbor Road, Port Saint Lucie, Florida 34983
1330 Naples Circle, Rockledge, Florida 32955
200 Pine Valley Road, Saint Cloud, Florida 34769
300 4th Avenue South, Saint Petersburg, Florida 33701
420 4th Street South, Saint Petersburg, Florida 33701
2596 Twin Drive, Sarasota, Florida 34234
3203 Nature Circle, Sarasota, Florida 34235
11106 Lakewood Pointe Drive, Seffner, Florida 33584
4300 Bridgewater Club Loop, Spring Hill, Florida 34607
701 SE Martin Luther King Jr Boulevard, Stuart, Florida 34994
3755 Fairview Cove Lane, Tampa, Florida 33619
4409 Tuscany Glen Circle, Tampa, Florida 33619
6402 Royal Hunt Drive, Tampa, Florida 33625
10501 Cross Creek Boulevard, Tampa, Florida 33647
2700 Anneleigh Circle, Viera, Florida 32940
7011 Homestead Loop, Wildwood, Florida 34785
15122 West Colonial Drive, Winter Garden, Florida 34787
550 N Denning Drive, Winter Park, Florida 32789
5560 Solidago Drive Unit 105, Winter Park, Florida 32792
7800 Spirit Lane, Winter Park, Florida 32792
170 Gardenridge Court, Winter Springs, Florida 32708
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Attachment B
Nondiscrimination Policy
It is the policy of [Defendant] to comply with the Fair Housing Act, 42 U.S.C.
§ 3601, et seq., by ensuring that all dwelling units, as well as the public and common-
use areas associated with these units, are available to all persons without regard to
race, color, religion, national origin, disability, familial status (having children under
age 18), or sex. This policy means that [Defendant] and its agents and employees must
not discriminate in any aspect of the rental of dwelling units. Among other things,
they may not:
A. discriminate against any person in the terms, conditions or privileges of the
rental of a dwelling, or in the provision of services, facilities, or amenities in
connection therewith, because of race, color, religion, national origin,
disability, familial status, or sex;
B. make, print, or publish, or cause to be made, printed, or published, any
notice, statement, or advertisement, with respect to the rental of a dwelling
that indicates any preference, limitation, or discrimination based on race,
color, religion, national origin, disability, familial status, or sex; or
C. represent to any person because of race, color, religion, national origin,
disability, familial status, or sex that any dwelling is not available for
inspection or rental when the dwelling is in fact so available.
Any agent or employee who fails to comply with this nondiscrimination policy
will be subject to appropriate disciplinary action. Any action taken by an agent or
employee that results in the unequal provision of service to, treatment of, or behavior
toward tenants or prospective tenants on the basis of race, color, religion, national
origin, disability, familial status, or sex may constitute a violation of state and federal
fair housing laws. Individuals who believe they may be victims of discrimination may
contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.
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Attachment C
Certification of Receipt of Consent Order and Nondiscrimination Policy
I certify that I have received a copy of the Consent Order entered by the
United States District Court in United States v. Concord Court at Creative Village
Partners, LTD, DBA Concord Court at Creative Village/Amelia Court at Creative Village, et
al., Civil Action No. 6:22-CV-1824-WWB-LHP (M.D. Fla.), including a copy of the
Nondiscrimination Policy. I further certify that I have read and understand the
Consent Order and Nondiscrimination Policy and that any questions I had
concerning the Consent Order and Nondiscrimination Policy were answered. I
understand my responsibilities as set forth in these documents and shall comply with
those responsibilities.
_________________________________
(Signature)
_________________________________
(Printed name)
_________________________________
(Title)
_________________________________
(Employer)
_________________________________
(Date)
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Attachment D
Certification of Training
I acknowledge that, on , 20 , I received
________ minutes of in-person training from ____________________________ on the
requirements of the Fair Housing Act, including, in particular, the prohibition on
familial status discrimination.
_________________________________
(Signature)
_________________________________
(Printed name)
_________________________________
(Title)
_________________________________
(Employer)
_________________________________
(Date)
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Attachment E
Release
In consideration for payment of the sum of $___________, in accordance with
the Consent Order entered in United States v. Concord Court at Creative Village Partners,
LTD, DBA Concord Court at Creative Village/Amelia Court at Creative Village, et al., Civil
Action No. 6:22-CV-1824-WWB-LHP (M.D. Fla.), I, _________________, hereby
release and forever discharge Defendants named in this lawsuit, as well as their
agents, employees, representatives, successors, and assigns, from any and all liability
for any claims, legal or equitable, I may have against them arising out of the facts
underlying the claims alleged in this action as known on the date of the signing of the
Consent Order. I fully acknowledge and agree that this release shall be binding on
my heirs, representatives, executors, successors, administrators, and assigns. I
hereby acknowledge that I have read and understand this release and have executed
it voluntarily and with full knowledge of its legal consequences.
Executed on this date: _______________________, 20_____.
SIGNATURE: __________________________
PRINT NAME: __________________________
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Attachment F
Aggrieved Pattern or Practice Referral Complainants and their Monetary
Damages
1. Deonna Newell and Debra Newell
a. Monetary Damages: $17,500
2. Sandy Goussaint
a. Monetary Damages: $20,000
3. Dominique Goosby
a. Monetary Damages: $22,500
4. A.Q. and Ju. Q.
a. Monetary Damages: $30,000
5. Tanika Hilton
a. Monetary Damages: $20,000
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