JOHN E. STEELE, Senior District Judge.
This matter comes before the Court on the United States' Motion for Entry of Default Judgment (Doc. #26) against Carl Bruckler, filed on April 12, 2016, for violations of the Fair Housing Act (FHA), 42 U.S.C. § 3601,
On September 30, 2015, the United States (the Government) filed a Complaint (Doc. #1) against Southwind Village, LLC and Carl Bruckler, alleging violations of the FHA on the basis of race. 42 U.S.C. §§ 3604(a), (d). Although Southwind Village, LLC accepted a Consent Order (Doc. #20), Bruckler failed to appear and respond to the Complaint. Upon application, the Clerk entered a default against Bruckler on January 6, 2016, which satisfies the necessary condition under Fed. R. Civ. P. 55(a) for a default judgment. (Doc. #25.) On April 12, 2016, the Government filed the instant motion for a default judgment, requesting a civil penalty and injunctive relief against Bruckler. However, the Court found the language of the requested injunction overly broad and vague, and directed the Government to supplement the motion. (Doc. #27.). To that end, the Government filed a Memorandum in Support (Doc. #28) on October 18, 2016.
When a defendant defaults, he "admits the plaintiff's well-pleaded allegations of fact", and those facts become the basis for a Court's analysis of "the sufficiency of the complaint."
The FHA proscribes discrimination in the rental housing context. Section 3604(a) makes it illegal "to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. § 3604(a). The FHA authorizes the government to bring a civil action against "any person or group of persons . . . engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this [Act]" or if a violation "raises an issue of general public importance." 42 U.S.C. § 3614(a). "[I]n a pattern and practice case, the plaintiff must prove, normally through a combination of statistics and anecdotes, that discrimination is the company's "`standard operating procedure.'"
By defaulting, Bruckler is deemed to have admitted the well-pleaded material allegations in the Complaint; namely, that the Government's testing for FHA compliance "[b]etween September and November 2014" shows that Bruckler treated "African-Americans who visit Southwind . . . differently and less favorably than similarly situated white persons who visit Southwind" (doc. #1, ¶¶ 18, 19); that "Bruckler falsely told African-Americans that no recreational vehicle lots were immediately available for rent, but told similarly-situated white persons that recreational vehicle lots were immediately available for rent" (
The Government requests that the Court assess a $5,000 civil penalty against Bruckler, and an injunction enjoining Bruckler "from working in any capacity in rental housing for a period of three years." (Doc. #26, p. 10.) Under the FHA, the Court "may, to vindicate the public interest, assess a civil penalty . . . in an amount not exceeding $50,000, for a first violation." 42 U.S.C. § 3614(d)(1)(C). In light of this provision, the Court finds that the requested civil penalty is reasonable.
Even after review of the Government's supplemental memorandum (Doc. #28), the Court finds that the requested injunction is unreasonable. Courts "may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation . . . to assure the full enjoyment of the rights granted" under the FHA. 42 U.S.C. § 3614(d)(1)(A). To support its requested injunction, the Government cites orders and an opinion granting permanent and temporary injunctions. Although these show that courts do grant the type of injunction requested by the Government for FHA violations, they do not show that the Court should impose the requested injunction in this case.
The Government relies on
Though the Government cites two orders supporting the proposition that courts do grant injunctions enjoining individuals from working in rental housing for a period of three years (
Accordingly, it is hereby
Defendant's Motion for Entry of Default Judgment (Doc. #26) is
1. The Clerk shall enter judgment in favor of the Government and against Carl Bruckler, pursuant to 42 U.S.C. § 3614(d)(1)(C), and a $5,000 civil penalty payable to the United States Treasury is assessed against Defendant Carl Bruckler.
2. The Court denies the request for an injunction enjoining Bruckler from working in any capacity in rental housing for a period of three years.
3. The Clerk is further directed to terminate all deadlines and to close the file.