NATIONAL
Volume IX, Number 1
Advocate
835 W. Jefferson St., Room 100, Louisville, KY 40202
FHC of Suburban Philadelphia wins battle against
Pennsylvania newspapers with $160,000 order
I n July, the Fair Housing Council of Suburban
Philadelphia ended an eight-year battle with
Pennsylvania’s newspaper industry when two federal
district court judges ordered the Journal Register
Company (JRC) to publish ads no longer that contained
language discriminatory to families with children. The
court further ordered JRC to train its employees in fair
housing laws and pay $160,000 to the Council.
In 1996, the Fair Housing Council filed a federal
lawsuit alleging that JRC had published thousands of
discriminatory advertisements in its many newspapers. In
that lawsuit, the court issued a three-year order prohibiting
JRC from publishing ads with discriminatory language.
In 1997, JRC purchased InterCounty News Group
(ING), a publishing company that produced nine
National Fair Housing Advocate’s funding efforts
T he Kentucky Fair Housing Council has not published
an issue of the National Fair Housing Advocate since
November 1998, when it learned that HUD did not award
a FHIP grant to the Council to continue its popular educa-
tion and outreach project.
Since that time, dozens of housing advocates, gov-
ernment agency directors, congressional representatives,
and private citizens have written to HUD Secretary An-
drew Cuomo, calling for renewed funding for the Advo-
cate. Many of the letter writers called the decision to stop
Advocate funding “a mistake” and called the Advocate an
important tool in eliminating housing discrimination.
INSIDE
Woman wins $30,000 race settlement in Illinois
HUD ALJ awards $93,000 to interracial couple
Florida condo developers to retrofit, notify architects
Families/African-Americans win $300K from CA complex
Experts say Fair Housing Act yields progress, frustration
Nevada complexes pay $397,500 in race/family case
OCC settles case against California bank for $425,000
FAIR HOUSING
8
September/October 1999
newspapers. Despite the 1996 court order, JRC did not
stop the ING newspapers from publishing discriminatory
ads. The Council asserted that ING papers had published
ads with discriminatory language as late as May 1999.
Papers ran more than 1,000 discriminatory ads
The federal court issued a new three-year order
which will remain in effect until July 2002. This new order
resolves the dispute with the JRC/ING newspapers and
also the JRC-owned Pottstown Mercury and Main Line
Times. The Fair Housing Council alleged that the two
latter papers each published more than one thousand
discriminatory ads from 1988 to 1994.
see “Philadelphia” continued on page 2
Since the November 1998 issue of the Advocate,
the Fair Housing Council has submitted more than twenty
funding proposals to private organizations with no posi-
tive results. Without funding for education and outreach,
the Fair Housing Council has had to cut its staff and cease
a large part of its education and outreach activities, in-
cluding the National Fair Housing Advocate.
The Fair Housing Council has submitted applica-
tions for education and outreach grants during the most
recent HUD funding cycle. If the Council does not re-
ceive a FHIP award for education and outreach, this could
be the last issue of the National Fair Housing Advocate.
If other supporters would like to write to Secretary Cuomo,
his address is below.
2 The Honorable Andrew Cuomo, Secretary
3
4
U.S. Department of Housing and Urban Development
5 451 Seventh Street, S.W.
6 Washington, DC 20410
7 (202) 708-0417
8
(202) 708-2706 fax
 Woman and HOPE win $30,000 racial
discrimination settlement from Illinois landlord
I n February, an African-American woman who was
denied housing by a Berwyn, Illinois landlord
received part of a $30,000 settlement to resolve a racial
discrimination complaint. The woman and HOPE Fair
Housing Center filed complaints with the U.S. Department
of Housing and Urban Development (HUD). The woman,
who wants to remain unidentified, asserted that the
apartment owner refused to deal with her during her
apartment search.
In 1996, “Marilyn” decided to move out of the
dangerous Chicago neighborhood in which she was living.
Her son planned to go into the military, and her daughter
planned to live with her in her new home.
Landlord refused to deal with African-American
woman while apartment was available
Marilyn viewed the apartment in Berwyn. She
decided that the price was right, and that it would be large
enough for her needs. Marilyn contacted Brian Shephard,
the apartment owner, and told him she was interested
renting the unit. Shephard told Marilyn that he would drop
off an application for her. He never did.
Over the next few weeks, Marilyn continued to try
to contact Shephard, but she never received a return call.
Shephard was still advertising the apartment as available.
After weeks of being discouraged, Marilyn
decided to give up on renting the apartment in Berwyn.
She planned to save some money and purchase a house,
“Philadelphia” continued from page 1
This order resolves the Fair Housing Council’s final
lawsuit in a series of discriminatory advertising claims.
Since 1991, the Council has engaged in an extensive effort
to eliminate housing ads with language like “no children,”
“adults only,” or “one bedroom apartment, one person
only.” The Council’s campaign against discriminatory
advertising included education programs for real estate
agents, newspaper professionals and home seekers. The
Council also placed its own ads to try to counteract the
discriminatory advertisements.
Nearly 100 complaints filed against newspapers
In its efforts to rid Pennsylvania newspapers of
discriminatory ads, the Fair Housing Council filed nearly
100 complaints with the Pennsylvania Human Relations
September/October 1999 NATIONAL FAIR HOUSING ADVOCATE
because she did not want to face further discrimination in
the rental market.
Woman’s son is killed in
neighborhood she was trying to leave
Marilyn’s son put his military plans on hold. He
did not want to leave his mother and sister alone in their
unsafe neighborhood. Not long after she was denied the
Berwyn apartment, Marilyn’s son was shot and killed in an
act of random violence, one block from the home she was
trying to leave.
Marilyn and HOPE contend that Marilyn lost her
son because of the racial discrimination she faced. Had
she been able to move to the Berwyn apartment, they said,
Marilyn’s son might still be alive.
When Marilyn contacted HOPE, the fair housing
center used testers to uncover Shephard’s pattern of
discrimination. HOPE’s white tester was encouraged to
apply for the apartment, while Shephard told an African-
American tester that he would mail an application to her.
He never mailed an application. Shephard also did not
return the telephone calls from HOPE’s African-
American tester.
Marilyn and HOPE filed complaints with HUD in
April 1997. HUD’s Office of Counsel issued a Charge of
Discrimination in November 1998. Once HUD issued the
charge, Shephard entered settlement negotiations with
HOPE and HUD.
Commission and the U.S. Department of Housing and
Urban Development. The Council also filed more than
twenty lawsuits directly related to their advertising efforts.
According to FHC Executive Director Jim
Berry, “Obtaining the cooperation of the newspapers,
Realtor and real estate industries took a combination of
litigation, education and perseverance. Once they saw
that they could not win in the courts or win by defaming
us, and how easy it was to follow the law, they accepted
their duty to clean up their ads.”
Discriminatory ads have disappeared
He continued, “There was a time when every
paper that you might pick up in the state had
advertisements that restricted children. Now, you won’t
find a single one.”
2
 California complex owners pay $300,000 to housing
group and plaintiffs in race and family case
E arlier this year, the owners and managers of a Fresno,
California apartment complex agreed to pay
$300,000 to settle claims of racial and family status
discrimination. The Fair Housing Council of Fresno
County, along with nine individual plaintiffs, filed a
lawsuit in federal district court against the owners and
operators of Courtyard Apartments.
Families and African-Americans steered
to the back of the apartment complex
The lawsuit alleged that the owners and resident
manager of Courtyard Apartments discriminated against
African-American tenants and families with minor
children. The Fair Housing Council asserted that African-
Americans and families were steered to the back of the
apartment complex and that the back of the complex was
not as well maintained as the front of the complex.
Additionally, the Fair Housing Council found
evidence that prospective African-American tenants
received false information about availability, and they
received different terms and conditions for rentals at
Courtyard Apartments. African-Americans did not get an
apartment at Courtyard unless they agreed to take a unit in
the rear of the complex.
Resident manager who used racial epithets openly
will leave complex under settlement terms
African-American tenants at Courtyard Apart-
ments also told the Fair Housing Council that the
complex’s resident manager harassed them and used racial
slurs when referring to African-Americans. Part of the
settlement agreement required the dismissal of the
resident manager and will prevent her from working at any
complex owned or managed by the defendants. The
settlement also requires that the manager move out of the
complex and not return as a resident.
KEEP US POSTED
Please continue to send your press releases to
the Fair Housing Council for inclusion in the
National Fair Housing Advocate. The Council will
continue to post online issues of the Advocate at
http://www.fairhousing.com whenever possible.
Please include photos of executive directors,
attorneys, complainants, or properties. See the
Council’s mail and fax information on page 7.
September/October 1999 NATIONAL FAIR HOUSING ADVOCATE
In addition to the monetary portion of the
settlement, the agreement requires that the defendants pay
the plaintiffs’ attorneys’ fees and costs. The defendants
also agreed to revise the complex rules to eliminate any
unreasonable restrictions on children, engage in
affirmative marketing, and send all management
employees to a fair housing course taught by the Fair
Housing Council.
“Many people who rent think that
owners can treat people any way
they want. I want them to know that
this is unacceptable.”
--- Virginia Lang
Courtyard Apts. tenant
Plaintiff: “Discrimination is unacceptable.”
Virginia Lang, a plaintiff in the lawsuit said that
owners cannot treat tenants poorly because of their race or
family status. “Many people who rent think that owners
can treat people any way they want,” she said. “I want
them to know that this is unacceptable.”
Veralee Liban, the Fair Housing Council’s
executive director, agreed with Lang’s sentiments. “No
one should have to suffer the injustices suffered by our
clients. Housing discrimination is real, and it’s painful.
We wanted to send a clear message that housing
discrimination will not be tolerated in our community,”
Liban said. “I believe this settlement accomplishes that,”
she continued.
Attorneys Christopher Brancart of Brancart and
Brancart in Pescadero, California and Steven A. Smith of
Fresno, California represented the plaintiffs in this
lawsuit. Attorney Michael Masuda represented the
defendants.
In announcing the settlement, HUD Secretary
Andrew Cuomo said, “This settlement should send an
important message to landlords around the nation that we
will have zero tolerance for housing discrimination.” He
continued, “We will never come together as a nation until
we learn to love together as a people.”
The settlement order was approved by U.S. Dis-
trict Judge Oliver W. Wanger and will remain in effect
until January 2002.
3
 Florida accessibility settlement may cost
condominium developers as much as $1.5 million
C ocoa, Florida’s Fair Housing Continuum (FHC)
negotiated a settlement worth $1.5 million with
the designers, builders, and developers of three
condominium complexes on Florida’s east coast. The
April settlement includes the cost of retrofitting unit
features at each complex and a $67,500 initial payment to
the Fair Housing Continuum.
FHC found multiple design violations in the units
and common areas at Shorewood Condominiums in Cape
Canaveral, Ocean Oaks Condominiums in Brevard
County, and Oleander Pointe Condominiums in Cocoa.
These violations would have made it difficult or
impossible for persons with mobility impairments to live
at the complexes.
FHC Executive Director David Baade told
Florida Today that his organization discovered doors that
were too narrow, outlets and thermostats that would be out
of reach, and thresholds that were too high for wheelchair
users. Baade described these violations as the “main types
September/October 1999 NATIONAL FAIR HOUSING ADVOCATE
of problems” FHC found at the complexes.
Towne Realty, Inc., a Milwaukee-based real
estate firm, developed all three of the complexes in this
case. The Fair Housing Continuum filed its complaint
based on violations at Shorewood and Oleander Pointe.
Towne disclosed that it had also developed Ocean Oaks
during litigation. FHC named MRI Architectural Group
and Benko Construction as defendants in the Shorewood
and Oleander Pointe complaints. FHC named ZRW
Corporation a defendant in the Ocean Oaks complaint.
Under the settlement agreements for each
property, the defendants agreed to retrofit any unit at any
of the complexes upon the request of the unit owner. The
settlement also called for a $500 payment to any unit
owners whom developers would displace while retrofit-
ting was taking place. After two years, the defendants
agreed to pay FHC $100 for each unit that they did not
retrofit at owners’ requests.
Firm will notify all Florida architects of Fair
Housing Act requirement as part of settlement
MRI, the architectural firm for two of the
properties, agreed to send notification of the Fair Housing
Act’s design and construction requirements to every
licensed architect in Florida. According to C.J. Miles,
FHC’s deputy director, HUD has reported a significant
increase in the number of requests from Florida architects
for its Fair Housing Act Design Manual.
Mike Mervis, a spokesperson for Towne Realty,
told Florida Today that he blamed “ignorance” and
“confusing federal regulations” for the violations at the
three Florida complexes. Mervis also blamed local code
enforcement officials for allowing the projects to move
ahead.
Miles agreed that local building officials were not
doing enough to enforce state and federal design laws.
One Florida building official told Miles that the Fair
Housing Act did not apply to his office. Miles does not
think that housing advocates should let developers off the
hook for violating the Fair Housing Act and pointed to an
early 1990s HUD project designed to educate real estate
professionals about the design and construction require-
ments of the 1988 amendments to the Fair Housing Act.
Baade also blames part of the problem on a lack of
enforcement by government officials. He compared it to
the civil rights laws passed in the 1960s. “The [laws] were
passed, but they weren’t enforced,” Baade said in his
Florida Today interview.
4
 Interracial couple wins $93,000 in damages from
Illinois husband and wife in default decision
U .S. Department of Housing and Urban Development
Administrative Law Judge Robert Andretta issued
a default decision in favor of an interracial couple from
Illinois and ordered the owners of an apartment building to
pay $104,000. Judge
Andretta awarded
$93,000 in damages to
the George and Theresia
White and imposed the
maximum $11,000 civil
penalty.
The Whites filed
a complaint of racial
discrimination against
Christopher and Maria
Kocerka, the owners of
12-unit apartment build-
ing in Hickory Hills,
Illinois. The Whites HUD Secretary Andrew
asserted that Christo- Cuomo announced several
pher Kocerka lied to fair housing victories at a re-
them about the avail- cent press conference.
ability of a rental unit when he learned that George White
was African-American. The Whites filed a complaint with
U.S. Department of Housing and Urban Development
(HUD) in 1994, and the agency’s Assistant General
Counsel for the Midwest issued a Charge of Discrimina-
tion on August 25, 1998.
In 1993, the Whites were living in an area of
Chicago being infiltrated by gangs. To protect their
children, they decided to move to another area. Theresia
White was working at a restaurant in Hickory Hills across
the street from the Kocerkas’ building. In October 1993,
she noticed a “FOR RENT” sign in front of the building.
Landlord lied about availability when he saw white
woman’s husband was African-American
Theresia White called and spoke to Christopher
Kocerka who explained lease terms and utilities. The
Whites made an appointment to view an apartment the
following day. When they arrived, they noticed a man
standing at the building’s entrance. The Whites assumed
that this was Mr. Kocerka. After George White got out of
the car, the man in the entrance way sent another man to
tell the Whites that they had rented the unit. The Whites
contend that Mr. Kocerka did this, because he saw that
George White was African-American.
About an hour after being told that the Kocerkas
September/October 1999 NATIONAL FAIR HOUSING ADVOCATE
had rented the apartment, Theresia White called Mr.
Kocerka and, without identifying herself, asked if the
apartment was still available. Mr. Kocerka confirmed that
the apartment was still available. He then asked Mrs.
White is she was black or white. Mrs. White responded
that she was white, and Mr. Kocerka told her that he did not
want blacks in his building.
Because the Whites found another apartment in
the same area, they saw the “FOR RENT” sign in front of
the Kocerkas’ building for more than three months. The
Whites had tried to rent the apartment in October 1993. It
remained vacant until January 12, 1994 when the
Kocerkas rented it to a white person.
The Kocerkas never filed a response to the
Whites’ complaint of housing discrimination despite
warnings that failure to do so could result in a default
decision against them. When HUD filed a Motion for
Entry of Default Decision, Judge Andretta wrote to the
Kocerkas to give them an additional chance to respond to
the charges. The Kocerkas still did not file a response.
During a hearing to determine damages, the
Whites both testified that the discrimination had caused
great emotional distress to their family. The Whites and
their children testified that they were angry and upset that
someone had chosen to deny them an apartment because of
their race or the color of their skin.
Mrs. White testified that her brother, who was also
in an interracial relationship, had been having problems in
their hometown of Buffalo, and that she had tried to
convince him to move to Chicago. Mrs. White said her
brother had been considering the move. Once she told him
of the discrimination she had encountered, however, her
brother changed his mind. He later committed suicide.
Mrs. White testified that she blames herself for her
brother’s suicide, because she told him about the
discrimination she had encountered.
Judge Andretta found that the $93,000 in damages
HUD had asked for in its charge were reasonable and
awarded the entire amount. They included $50,000 to
Theresia White and $40,000 to George White for
intangible losses. The remaining $3,000 is for out of
pocket expenses, and specifically for the difference in rent
at the Whites’ apartment compared with that at the
Kocerkas’ building.
HUD ALJ Case No. 05-94-0537-8
Complaint filed: January 1994
Charge Issued: August 25, 1998
Decision and Order: May 4, 1999
5
 Fair Housing Act yields
progress and frustration
T he Federal Government has made some progress in
meeting its fair housing goals during the past
three decades but could do much more to reduce
housing discrimination and segregation, say contribu-
tors to the most recent issue of Cityscape: A Journal of
Policy Development and Research. Available from
HUD’s Office of Policy Development and Research,
the issue com-
memorates the
30th anniver-
sary of the Fair
Housing Act.
Statis-
tics shared by
several authors
reflect an ap-
parent lack of
success in
implementing
the Act. Michael
H. Schill and
Samantha Friedman of New York University report
that as few as 10,000 individuals file housing
discrimination complaints under the Fair Housing Act
each year. This compares with the approximately
80,000 employment discrimination cases the Equal
Employment Opportunity Commission receives annu-
ally. According to John Yinger of Syracuse University,
HUD-funded fair housing audits conducted in 1977 and
1989 detected no change in the level of housing
discrimination practiced in the United States between
1968 and 1988.
Cityscape authors do note some successes in
reducing housing discrimination and segregation since
Congress passed the Fair Housing Act in 1968. Guest
editors John Goering of HUD and Gregory Squires of
the University of Wisconsin- Milwaukee cite a 1998
report by President Clinton’s Initiative on Race
suggesting that Whites have changed their attitudes
about housing integration in the past 40 years. In 1997,
only 18 percent of Whites who were surveyed said that
they would move if Blacks came into their
neighborhood, compared with 80 percent who
expressed the same inclination in 1958. On an equally
positive note, Nancy A. Denton of the State University
of New York at Albany reports that by 1990 “most
homogeneously White neighborhoods had virtually
disappeared” from metropolitan areas and central
cities. Bill Lann Lee, Acting Assistant Attorney
September/October 1999 NATIONAL FAIR HOUSING ADVOCATE
General for Civil Rights, outlines many of the
successful cases the U.S. Department of Justice has
filed alleging racial discrimination in rental housing.
As of 1997, plaintiffs in 36 cases had been awarded
more than $4.4 million in penalties.
These successes do not necessarily signal
significant declines in racism or housing discrimina-
tion. George C.
Galster of Wayne
State University
reports that
Whites still ex-
press negative
opinions and ste-
reotypes when
asked specific
questions about
Blacks. Joe R.
Feagin of the
University of
Florida notes that
most White Americans believe racial discrimination
poses no serious problems for minorities. Minorities,
on the other hand, believe discrimination is getting
worse and is keeping them from realizing “the
American Dream.” James H. Carr of the Fannie Mae
Foundation suggests that discrimination can become so
institutionalized that it continues “long after the desire
to discriminate has faded.”
Looking to the future, several Cityscape
contributors recommend that enforcement agencies
conduct more aggressive testing and investigative
efforts to identify and eradicate housing discrimina-
tion. “The fundamental flaw in the Fair Housing Act,”
writes Galster, “is that it relies on the victim to
recognize and formally complain about the suspected
acts of discrimination. Given the subtlety of
discrimination as it is practiced today, such reliance is
misplaced.”
Order Cityscape: A Journal of Policy Develop-
ment and Research, Volume 4, Number 3, from HUD
USER for $5. You can order online at http://
www.huduser.org, or by calling 800-245-2691.
This article was reprinted from the June 1999 issue
of Recent Research Results, a newsletter from HUD
USER. Contact HUD USER at the above number to
receive copies of this newsletter.
6
 Please add my name Please correct my address Please remove my name
Please send information for using the Advocate web page (http://www.fairhousing.com)
Please select one:
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Name Civil Rights Agency Builder/Developer
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Please fax or mail to: National Fair Housing Advocate
City, State, ZIP Galen Martin, Editor 835 W. Jefferson St., Room 100
Tony Baize, Assistant Editor Louisville, KY 40202
Phone ( ) Fax ( ) Fax # 502/583-3180 Voice 502/583-3247

Truckee Meadows Fair Housing and Justice

Department win $397,500 settlement
O n March 8, 1999, a U.S. District Court judge in Reno,
Nevada approved a settlement agreement that
resolved a class action lawsuit against six federally
subsidized apartment complexes. The lawsuit, which
originally began as an administrative complaint to the U.S.
Department of Housing and Urban Development (HUD),
asserted that the owners and operators of these complexes
discriminated against nonwhite tenants and families with
minor children.
In May 1994, Truckee Meadows Fair Housing
assisted a single complainant in filing the HUD complaint.
HUD issued a Charge of Discrimination, and the
respondents chose to pursue the matter in federal court.
HUD referred the case to the Department of Justice which
filed a class action lawsuit on behalf of the original
complainant and families with children.
Employees harassed children and minority
residents at each subsidized complex
Both the original complaint and the Justice
Department lawsuit alleged that the employees of
Pinewood Associates, Manage Incorporated, and other
defendants harassed families with children in several
ways. The plaintiffs accused the complexes’ employees of
yelling obscenities at children, threatening parents with
eviction over minor infractions involving their children,
and imposing unreasonable and discriminatory regula-
tions on children. The complaint also asserted that
employees treated white tenants more favorably than
nonwhite tenants, and that employees used racial epithets
openly.
Under the settlement agreement, the defendants
September/October 1999 NATIONAL FAIR HOUSING ADVOCATE
agreed to the following provisions:
• a $240,000 victim fund, administered by the
United States, which will compensate persons
identified as victims of the alleged discriminatory
practices;
• a $42,500 cash payment to the original
complainant in the case;
• a $15,000 civil penalty paid to the United
States;
• a $100,000 payment for plaintiffs’ attorneys’
fees and costs;
• fair housing education for defendants’
employees;
• publication of a “no discrimination” policy at
each complex; and
• revision of rules and regulations dealing with
families with children.
U.S. Attorney Kathryn Landreth pointed to the
cooperation between Truckee Meadows Fair Housing,
HUD, and the Justice Department as the reason the parties
settled this case successfully. “I applaud Truckee
Meadows Fair Housing and the Justice Department for
aggressively pursuing this case,” she said.
Justice Department Attorney Lars Waldorf
represented the United States in the lawsuit. Christopher
Brancart, a California civil rights attorney, and Ian
Silverberg, a Nevada civil rights attorney, represented the
private plaintiff and the certified class in the Justice
Department lawsuit. Katherine Copeland, the executive
director of Truckee Meadows Fair Housing, said she was
proud to have her organization work closely with all of the
agencies involved in the plaintiff’s case.
7
 Non-Profit Org.
Fair Housing Council U.S.POSTAGE
835 W. Jefferson ST., Room 100 PAID
Louisville, KY 40202 Louisville, KY
Permit No. 743
Address correction requested

California bank pays $425,000 to settle

claims of discrimination against non-Asians
I n March, First Central Bank of Cerritos, California
agreed to pay $425,000 into a settlement fund
after the Office of the Comptroller of the Currency (OCC)
The $425,000 settlement fund will be divided
equally among the 40 rejected applicants that the OCC
identified. Under the terms of the settlement agreement,
made allegations that the bank had illegally First Central will notify each identified applicant
discriminated against 40 non-Asian mortgage and inform them of their right to participate in the
applicants. The OCC complaint accused First settlement. Each applicant identified as
Central of violating provisions of the federal wrongfully rejected will receive $10,000. The
Fair Housing Act and the Equal Credit remaining $25,000 will be paid to the United
Opportunity Act. States as a civil penalty.
According to the OCC, a 1997 Since 1993, the OCC has referred 31 cases of
investigation revealed that First Central, which lending discrimination to the United States
is owned by an Asian company, may have Department of Justice and the United States
rejected mortgage loan applicants based on their Department of Housing and Urban Development.
race or national origin. The OCC identified 28 The OCC is a division of the United States
questionable loan files that involved 40 separate John D. Hawke, Jr. is Department of the Treasury and is the federal
applicants. The bank did not admit or deny any the U.S. Comptroller agency that charters, regulates, and examines
wrongdoing. of the Currency approximately 2,600 American banks.

Notice: This publication is supported using Kentucky Fair Housing Council funds from complaint settlement agreements.