. -;r. -.. -:-,--- _, .. ,..,....,~· .-"··---- -~, ... UNI'l1!!:b~ STATES DISTRICT COURT i/ EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - _, ...,...... '·· - - - - - - X F I.L-E D · 1N CLERK'S OFFICE U.S. DISTRICT COURT E.D. N.Y. * LORRAINE CASINO; LOTUS DIX; INGRID HOWELL; JOSEPH JONES; HOWARD KELLY; JOHN SADLER; ANITA WALKER; and OLLIE WILLIAMS, JR., on behalf of themselves and all others similarly situated; and the OPEN HOUSING CENTER, INC., f EB 2 11984 TIME A.tJf, _ _ __ * P-M·----- .• Plaintiffs, -against- Civ. No. 82C-ll31 (SIFTON, J.) i I l KRAHAM LEASING CORP.; RICHARD DIX; STUART DIX; A~N.IE STEINER; SAM MILLER; LOUISE KOSCHEVA; 4 KEW GARDENS HOLDING CORP.; COMMODORE HOLDING CORP.; BRIARWOOD OAKS INC.; TALEFF REALTY CORP.; CORONET HALL INC.; HAROLD J. KALIKOW; and FRED C. TRUMP, I',! Defendants. 1, " - - - X I I CONSENT ORDER This is a class action brought by the named plaintiffs and the Open Housing Center, Inc. in which the Complaint alleges that the defendants have engaged in a pattern or practice of racial discrimination in the rental of housing in violqtion of the Fair Housing Act of 1968, 42 U.S.C. SS 3601 e t ~ - , the Civil Rights Act of 1870, 42 U.S.C. S 1981, the Civil Rights Act of 1866, 42 u.s.c. S 1982, and the Thirteenth Amendment to the United States Constitution. ·- - __..,.__ .---~- .. ... ----·- --- -- ----·- ·- -· -··· - -~ .. - --·---··---- The defendants deny the allegations in the-Complaint. The parties are desirous, however, of resolving this matter without the time and expense of further litigation. Therefore, both the plaintiffs and defendants consent to the entry of this Order. Accordingly, it is ORDERED, ADJUDGED AND DECREED that, in connection with the buildings listed in Appendix A attached hereto, the defendants Manchester 4 K.G. Corp.,* Canterbury 6 K.G. Corp.,* Commodore 10 K.G.Corp,* Briarwood Oaks Inc., Coronet Hall, Inc., Harold J. Kalikow** and Fred C. Trump (hereinafter collectively referred to as the "Owner Defendants"), and their agents, employees, successors, assigns and personal representatives, are hereby enjoined from discriminating in any ' manner whatsoever against any person because of race or color in the rental of dwellings and in the provision of services in connection therewith; from refusing to negotiate for the rental of, or otherwise making unavailable or denying, a dwelling for rent to any person because of race or color; and from representing to any person because of race or color that * By stipulation, these corporations have been substituted as party defendants in lieu of 4 Kew Gardens Holding Corp. and Commodore Holding Corp. ** All references made herein to Harold J. Kalikow shall be deemed to refer to Juliet Kalikow, Peter S. Kalikow and Gerald N. Schrage~ as Executors of the Estate of Harold J. Kalikow. -2- - . :, . -.. --;-- - :. -·- .... -~ - : ...... : - - _-............ - - . - when such ·dwelling is in fact so ~vailable. It is further ORDERED, ADJUDGED AND DECREED that defendant Kraham Leasing Corp. (hereinafter "Kraham"), and its agents, employees, successors, assigns and personal representatives, are hereby enjoined from discriminating in any manner whatsoever against any person because of race or color in the rental-of-dwellings located in the community comprised of Rego Park, Kew Gardens and Forest Hills (as that community is defined in Appendix B attached hereto, hereinafter "the Community")* and in the provision of services in connection therewith; from refusing to negotiate for the rental of, or otherwise making unavailable or denying a dwelling for rent in the Community to any person because of race or color; -from engaging in racial steering with respect to the rental of dwellings in the Community; and from representing to any person because of race or color that any rental dwelling in the Community is not available for inspection or rental when such dwelling is in fact so available. It is further * It is expressly agreed that the definition of the Community contained herein has been arrived at solely for the purpose of resolving this matter and said definition shall not have any force, effect or impact whatsoever in any other proceedings_or. act.ions bet.ween or among the. parties hereto. -3- - -· ... /I... ~ • ~ .-.·-··· .- . that the terms and provisions of this Consent Order shall remain in full force and effect for two (2) years from the day of entry of this Order except as otherwise herein provided, at which time the provisions hereof shall expire automatically; provided, however, that if the Court finds that any of the Owner Defendants or Kraham have materially violated any of the provisions of this Order, or the injunctive provisions hereof, this Order may continue in full force and effect solely with respect to such defendant for an additional period of time as determined by the Court beyond which it would otherwise terminate; provided, further, that such additional period during which this Order may continue in full force and effect shall not exceed a period of eighteen (18) months. For purposes of this decree, the words "successors and assigns" shall be limited to spouses and blood relatives (excluding cousins) of the transferor defendant; any codefendant herein of the transferor defendant; any partnership in which the transferor defenda·nt holds a capital interest in excess of 25% (except as mortgagee or lienholder); or any corporation (excluding a co-operative apartment corporation) of which the transferor defendant owns more than 25% of the shares; and shall include no other successor or assign. No term or provision of this decree shall be binding upon any I -4- -successor ~or·ass_ign·· of any defendant except a successor or as~i~n ~s defined in the preceding sentence. I. EDUCATIONAL PROGRAM Within thirty (30) days of the entry of this Order, each Owner Defendant and Kraham by its principal officers or employees shall conduct and complete an educational program for all agents and employees* who, in the ordinary course of their duties, have rental or brokerage responsibilities and who have contact with apartment seekers or prospective tenants, provide information to the public about rental or brokerage services, or accept or process applications for rentals, to inform them of the provisions of this Order and their duties under the Fair Housing Act of 1968; said edu·cational program to consist of the following: A. Furnishing to each such agent and employee a letter·summarizing the terms of this Order and of the Fair Housing Act as it applies to the agent and employee in such form as is attached hereto as Appendix C. Each such agent * With respect to the Owner Defendants, the educational program shall apply only to those agents and employees who perform the duties described in connection with the buildings listed in Appendix A, However, all superintendents of the buildings listed in Appendix A shall be subject to the educational program, -5- ;,, - Jo• "' other disciplinary action, and to sanctions for disobedience of this Order. Each such agent and employee shall be requested to acknowledge in a space provided on the above-mentioned letter that he or she has read the letter. Upon execution, a copy of each such acknowledged letter shall be forwarded to the Open Housing Center, Inc. by each such defendant together with a representation that all agents and employees. subject to the educational program have executed the acknowledged lette~ and, in the event that any such agent or employee has not executed the acknowledgment, a list of such agents and employees, by name and position, and a statement of the reasons for the failure to execute the acknowledgment. B. For the term of this Order, the proce- dures set forth in Subpart A above shall apply with respect to each agent and employee who becomes subject to the injunctive provisions of this Order after the educational program - - ...-:.6.- . . . ,,, .. , ·.• . • . . , , .. ,.i~l, ;i.~ ?~;;Yq,' , . . " , :t~/i~;;i;\\;{4r1J·~~:,~J;?f~.~·i, . [T'i"'J£f~':,r!.;\1;":ie'""f-·e.t~'et1~ ..itr&pfi!e?ri!e~it&' ·' a'S- ·, · ee-n-·c,onduc"t·e~d.-.~-~-:Sue·h:;~ ..! ~ . ··_ - , ,:,c·~ ' - ;,,=, ,;t ' "' '• - rt:~"'J;::::.-,'"i=':'4:· '.:''-:··:tr~ ~(;:t.-r;:?~'.:~,;.::t::J;?R;9f ·~C}l::1R·~-~k._~ p~~ l ;Qe ~~~£.JE.P ~:;i. ed -w.2:.!E-~! 1 _th 1 !l_!!.~.DJY... _ :j;;l.;;.~li:~~-~;~~.:::::::~;~~'.~~=~~;~~; ;'.;~~;;~~'.i::·t';' }?::~7,c;~~ :"'~'':: ·\': .·~ : 1 ls;~:c::,;c;:;/::'.·;::·· ·.;:·... ~- ::r2ofidFy.s\fQ'iroyJgg 'The:,a~i:e~:that ,_ ..._._.,_ ,,........ _........!...w..:-.-,:::·· ....,, ~ .•'---",_.,;."-·-•-~~·--'·'7'-~.,,.,...,.~_,".'-""'~,... __ ·-,"·-··-~ • • . ~r- , ' , ' •· • •• th'e irij.unc.~,,_: . ' ,'tive pr.ovisions . ' ... , ,_ .. ' . of this Order become applicable to such agent or employee, The Owner Defen- dants and Kraham shall send to the Open Housing Center, Inc, on the tenth business day* of each month copies of all such letters, if any, executed during the prior mdnth. II. AFFIRMATIVE PROGRAM It is further ORDERED, ADJUDGED AND DECREED that each Owner Defendant and Kraham, to the extent applicable to such defendant, shall, for the term of this Order, take the following steps to adopt and implement a program aimed at ensuring compliance with the Fair Housing Act of 1968. A. Notification to the Community of Defendants' Nondiscriminatory Policy (1) Post and maintain in a conspicuous place in the office of each such defendant where there is rental activity, the fair housing poster in the form presently recommended ip the United States Department of Housing and Urban Development * For purposes of this decree, business days shall be limited to Mo~day through Friday, excluding all federal and state holidays and Saturdays and Sundays. -7- , ~·- ' cf!'"• -•• .. _" ~-=.:~7::~tt~:~\"'J'~·:;/~~~-:~-t~~r~~j5~~::t•;~,,;~:'.~·!~,l~-::_'. -·-~·: ,. rrn._ .;;:- : • ··::;:,, .,, ; '(;,..~., ,._;,,;,,.,.,,.,,:~' ~ ~,,,,-.,·,':~?Xiiuiff.:-i'iliiaia'i'i.neo·£~:C:2i:c·::F.R.:'p,;_.;,'ts '1'09 a;.,d 110>- and, as to the J~ , .. " 'T·~~,,~ .• " .•. Owner Defendants· only, the Equal Housing Opportunity logotype and statement and slogan on rental signs as recommended in the HUD Guidelines. The following defendants shall display the fair housing poster at the indicated address-or addresses all located in Queens County, New York, and such display shall constitute full compliance with the terms of this subsection insofar as it requires the display of such a poster. Defendants Address Kraham Leasing Corp. 120-60 Queens Boulevard Manchester 4 K.G. Corp. 82-41 135th Street Can~erbury 6 K.G. Corp. 135-20 Hoover Avenue Commodore 10 K.G. Corp. 135-09/15 83rd Avenue Briarwood Oaks Inc. · . 142-20 84th Drive Coronet Hall Inc. 172-70 Highland Avenue Harold J. Kalikow 141-60 84th Road Fred C. Trump. 182-30 Wexford Terrace (2) Kraham and the Owner Defendants, to the extent any of the Owner Defendants advertise for the rental of apartments in buildings listed in Appendix A, shall implement an advertising program aimed at informing the black community of the respective defendant's nohdiscriminatory rental or brokerage service policy as follows: -8- ·~-". ·.:n---.- .,· ,.,..~ apartments in the buildings listed in Appendix A attached hereto, including newspapers, telephone directories, radio, television and other media, and on all billboards, signs, pamphlets, brochures, and other promotional literature, as well as all rental applications, the words "Equal Housing Opportunity". These words shall be prominently placed and easily legible.* (b) Kraham shall include on all its registration and commission forms the words "Equal Housing ppportunity" prominently placed and easily legible. In addition, Kraham shall, during the term of this decree, include the words "Equal Housing Opportunity" ( or "Eql. Hsg. Oppty.") in at least two of the advertisements it places for the rental of specific apartments in The New York Times during Monday through Friday and in all advertisements for * In radio and television advertising, the words "Equal Housing Opportunity" shall be used and shall be easily audible or legible. -9- . • ~ .. -·. ': C . _,..: __,:.:....._. __.,..:.. -,~ ··'- \- - ,. .,. E=::~5::.-::'.;:__::::;_::==,:''.'.:==rleks'pap:e:r:.:;:i:n::"£:he...$aturday::and. Sunday .edit i.ons. ;:·r:-x·:..-:::.,..:.;. ·~ ·:··-"ll'.- ·· · - - ....~- ·:· ~ ~ • ~--~:-.: ,··. ·'" :. ·· · - ···· · · · · ~.. - • - • ;· ,. · .{ c) ·.Kraham shall allocate a reas_onable proportion of its advertising budget to advertising in media directed primarily to the black community.· The parties have agreed that the placement of a monthly advertisement in the New York Amsterdam News or El Diario (on a rotating basis) of the same advertisement that Kraham is placing simultaneously in The New York Times shall meet the requirements of this provision, so long as the apartment advertised is still available at the time of the placement of the advertisement. (d) ~he Owner Defendants shall allocate a reasonable proportion of any advertising budget, with respect to the rental of apartments in the buildings listed in Appendix A attached hereto, to advertising in media directed primarily ta th~ black community. The parties have agreed that, in the event any of the Owner Defendants engage in any such advertisement for apartments in the buildings listed in Appendix A attached hereto, the placement of -10- u _ _,. · - - - - - --.--~·-.c- ·-- ~- -- - - ·-----~- -,. ......- .............. ,, __ ____ _ ................,....... ... ... . . , Owner Defendant is placing simultaneously in the general media shall meet the requirements of this provision, so long as the apartment advertised is still available at the time of placement of the advertisement. (3) The Owner Defendants shall provide written notification to each firm, association, company, corporation, or other person or organization engaged by it to act as referral agency, apartment locating service, management company, or real estate broker or agent with whom the Owner Defendant lists apartments available for rental in the buildings listed in Appendix A attached hereto that such apartments owned or managed by the Owner befendant are available to all qualified persons without regard to· race or color. With the exception of Briarwood Oaks Inc,, each such notification shall also advise the recipient of the Owner Defendant's objective standards and procedures for rental, -11- - -······ ---· _1 ··,::~:z.:::~t;K::·~1:~~;~~~i:id~~:~;r~;r,.· · .(1) For the term of this Order, the Owner Defen- dants* shall notify the Open Housing Center at 150 Fifth Avenue, New York, New York 10011, of every fourth apartment which becomes available and is offered solely for rental to the general public in the apartment buildings owned by it and listed in Appendix A attached hereto for a period of at least five (5) days prior to placing that apartment on the open market:** Provided that if a Saturday and Sunday are not included in such time period, then such time. period shall be extended to include the next following Saturday and Sunday (hereinafter referred to in this subpart as "the exclusive period"). Such notice shall include the date the apartment ls available for rental, the rent, security required, location, and description of the apartment and the name and telephone number of the person responsible for implementing this sub- * The provisions of this subsection shall not apply to Briarwood Oaks, Inc, With respect to defendant Harold J. Kalikow the provisions of this subsection shall also apply in the event apartments in the building owned by it and listed in Appendix A attached hereto are or become vacant and are not offered to the general public for rental. ** The time period shall begin when notification has been completed and the Ope~ Housing Center has received the listings either in person, by telephone, or by mail. For purposes of this Order, rental on the open market shall mean rental to any person not referred by the Open Housing Center. -12- applicants ·---'····· .. :-'.":~:Fo··such:..-o~n~i'--nefendants for 'the purpose of re·nting the apartment. All applicants referred by the Open Housing Center shall provide the Owner Defendants or their representative with an appropriate identification which will serve to advise the Owner Defendants that such applicant has been referred by the Open Housing Center pursuant to this subpart. If, by the conclusion of the exclusive period, no qualified applicant referred by the Open Housing Center has filed an application seeking to rent the apartment, then the ~partment may be placed on the open market. Nothing in this subpart shall preclude the Owner· Defendants from making efforts to seek applicants for the available apartment during the exclusive period in order to have an applicant ready, willing and able to rent the apartment at the end of the exclusive period in the event the Open Housing Center does not refer a qualified black applicant during such a period. (2) Briarwood Oaks, Inc. hereby agrees that, for each year during the term of this Order, it will rent not less than one-fourth* of the apartments which become available for * It is estimated based on Briarwood Oaks, Inc,'s average vacancy history for the last five years of 13.6 apartments that at least three apartments will be rented to blacks during each year. . . Open Housing Center agre~~·that, upon request ftbm Br1arwood Oaks, Inc., it will use its best efforts to provide assistance to Briarwood Oaks, Inc. in recruiting qualified black tenants, provided that reasonable guidelines for such recruitment are furnished to the Open Housing Center at the time the request for assistance is made. Within five business days of the rental of an apartment to a black person or persons, Briarwood Oaks, Inc. shall so inform the Open Housing Center, Inc. by submitting to it an affidavit in the form attached hereto as Appendix D. For purposes of this subsection, an apartment is deemed to be rented to a black person if at least one black person is a permanent occupant of the apartment. c. Listing of AEartments by Kraham Kraham shall maintain a Central List of Vacancies (hereinafter "Central List"), which shall be made current as listings are received and the apartment is offered for rental. The Central List shall reflect the following information with respect to eac.h available apar.tment listed with Kraham: (1) Description of the apartment by stating the number of bedrooms, floor where it is located and whether the building has a doorman. or elevator; -14- - ~~.*~~ " ,.. _. .• . · _ ,riio,,,, '\t~. , :::.1Z'~'-'-"i-:-.,~-f;il\i1;:~~~-;:'¥fJ:<,t:;:{~~~~~~!;'!-:' ..,;.;· -"=---!:-.,._ ~: T~:':"Pi·; ;:\ . G·en·e-r;a-l:, .Xoca':p':C)_n~~h~.~'pi)_T:tment:-~-; r,-·. -:-+:;:...-;--:::-::-._ .,--··~--'...J~:~....,.,.,i~,_.,,,.... _..:····· .: '"'"~·..·: ,,". - " ,• . . _~;."~ ~,< ·~ ..~,;-~. ~,,. ,_,. ,~·-- ~- , ... _.(~-) ~._-.,--· -··. - • - ' :I~·~--~;~--·:7~·.-t·~~::··:~ ;::~~ ~- .. . ~ · ... :·:,:·~·-.· :-·---~·:,:-:':" -:--- · ·-- ·T:f'l. :-·Terms,C:of-=ren.ta·l··,:"including ·price,'.··commencement :.;c:.. .. ··-. ·· and duration of lease, ·and security required (to the extent known by Kraham) and whether or not an application is pending for the apartment; and 0 (4) The date the listing was placed on the list and the date the apartment was rented or removed from the list. Such Central List shall be open for inspection by any applicant so requesting during regular business hours. A sign shall be posted in a prominent location in the Kraham offices, in such form as to be readable from a distance of at least fifteen (15) feet by a person with 20/20 vision, informing customers that the Central List is available for inspection upon the request of any customer. Within ten (10) days from the entry of this order, Kraham shall deliver to the Open Housing Center its initial Central List described herein. Thereafter, during the term of this decree, Kraham shall send by certified mail or deliver by messenger on the fifth business day of each month, copies of each and every Central List available for inspection during the preceding month, or, * The general location shall be described by stating 'the neighborhood where the apartment is located and its location within the neighborhood in terms of a landmark ( ~ , 108th St. and Yellowstone Blvd.), so long as such landmark is readily identifiable and the apartment is within a five block radius of the landmark. In addition, the nearest subway station to the building shall also be indicated. -15' =c;...;;==.;;;_..;...;======-'---'---·· ... ·-·--------------- --- -." ' · · ~-~· · in order·to assure nondiscriminatory selection and assignment of tenants and to assure equal opportunity in housing at each of the buildings listed_in Append'ix A attached hereto, the Owner Defendants, with the exception of Briarwood Oaks, Inc., agree to establish and implement standards which shall be uniformly applied in determining whether or not to rent to an applicant for an apartment in any such building. A copy of such standards is attached hereto as Appendix E. If any of the Owner Defendants desire to alter the standards, they may do so, provided that any changes are objective, in writing, and non-racial in purpose and effect .. If any such change is made within two ( 2) years of the entry of this Order, it shall be filed with the Court, with copies to the Open Housing Center, and any dispute arising from such proposed change may be raised by either party in any subsequent appropriate proceedings in the Court. E. Application Procedures In addition to any other place at whic_h applications may be accepted, applications for tenancy will be rec"eived at the apartment building or complex where the prospective tenant is applying for an apartment or at such other place as any -16- ,..,_ ....... --·:·•·, .'.' ·- Defendants, by superintendents or any other person authorized by the Owner Defendant to accept suc_h application and instructed in the requirements of this Order and of the Fair Housing Act of 1968, 42 u.s.c. SS 3601 e t ~ · With respect to all the Owner Defendants, except Briarwood Oaks, Inc., applications which satisfy the requirements set forth in Appendix E attached hereto shall be received from all persons wishing to apply. With respect to Kraham, applications which satisfy similar such requirements set by other landlords shall be received from all persons wishing to apply unless an application is pending for the apartment, in ~hie~ event, the apartment seeker is to be informed that, with respect to such apartment, an application is pending. III. COMPLIANCE It is further ORDERED, ADJUDGED AND DECREED that the Open Housing Center shall have the right to monitor the defendants' compliance'with the terms and provisions of this Order. This shall be accomplished in the following manner. Each.Owner Defendant shall send by certified mail or deliver by messenger on the fifth business day of each month to the Open Housing Center at 150 Fifth Avenue, New York, New -17- ·respect to ·each··apartment listed thereon, a description of the apartment, the address of the building in which the apartment is located, the name, of the person to whom it was rented, the method employed to rent the apartment (-~, broker, superintendent, etc.), and the terms of rental, including price, commencement and duration of the lease, and security required. Kraham shall send by certified mail or deliver by messenger on the fifth business day of each month to the open Housing Center at 150 Fifth Avenue, New York, New York 10011 a list or the registration forms of all black persons.who have sought apartments for rental through Kraham during the preceding month and such registration forms or list shall include, to the extent provided to Kraham, the name of such individual, home address and telephone number (if any), employer's name, address and telephone number (if any), the rental requirements** of the person, the address of all buildings to which the person was referred or escorted to inspect apart- * This requirement shall apply only with respect to the buildings ~isted in Appendix: A attached heret_o. ** The term "rental requirements" whenever used in this Order, · shall mean the type of apartment being sought (i.e., studio, one-bedroom, etc.), the rent range and the general location desired. ··=ra::- ------~~-- ·- - ·--- - --- - .., .. ' rented any such apartment, identifying the apartment. In the event a person's request to inspect or be escorted to an apartment is rejected by Kraham, the list or the registration forms shall also include the address of the apartment or apartments and the reason given to the apartment seeker for the rejection, and if the person was considered by Kraham not to be a serious apartment seeker or to be a person whose requirements in connection with the apartment were unduly difficult to satisfy, the specific basis for that opinion. In addition, the Central List maintained by Kraham shall be open for reasonable insp~ction by any authorized representative of the Open Housing Center so requesting during normal business hours who displays to Kraham proper identification. Nothing contained herein shall require Kraham to change its normal business practice of not referring or escorting any apartment seeker who Kraham reasonably believes is not seriously seeking an apartment, or whose requirements in connection with the apartment are, in the reasonable judgment of Kraham, unduly difficult to satisfy, to more· than six (6) apartments which meet the rental requirements (i.e., size, rent, location and the provision of services) of the apartment -19- •. "~ t:he ·same a·partment to the same 'apartment ·seeker or to refer or escort an apartment seeker to an apartment for which, in Kraham's judgment, based on standards supplied by the landlords, the apartment seeker would not be eligible so long as the apartment seeker is informed of the reasons therefor. IV. MONETARY PAYMENTS It has been agreed that no monetary damages are due from any defendant to any plaintiff or member of the plaintiff classes. However, the Owner Defendants and Kraham, in the proportions which are set forth in Appendix F attached hereto, shall pay to plaintiffs the sum of Fifteen Thousand Dollars ($15,000.00) for costs of investigation and their time and expense in connecti9n with this matter to be distributed as follows: The named plaintiffs Lorraine Casino, Howard Kelly, the estate of John Sadler, Anita Walker, and Ollie Williams, Jr. in Count I and the named plaintiffs Ingrid Howell and Lotus Dix in Count II will each receive Four Hundred Dollars ($400;00) to reimburse them for their costs of investigation and other time and expense i~curred in connection with this matter; the remainder shall be paid to the Open. Housing Center to defray the costs of monitoring compliance with and implementation of this Order. -20- . - · ~ - - ----:: -.-~.:.~. ' ... -_ in the New York Amsterdam News and the Daily News published once a week for two consecutive weeks -shall be paid by the Owner Defendants and Kraham in the proportions which are set forth in Appendix F. The failure of any Owner Defendant or Kraham to pay the expenses allocable to it shall not have any effect upon any other defendant. v. NOTICE AND ENTRY OF FINAL JUDGMENT (A) Within thirty (30) days after execution of this Consent Orde.r by all parties hereto, application shall be made by the plaintiffs to the Court for an order providing for a hearing to approve the Consent Order, including the provisions of paragraph V(B)(2) through_V(B)(6) hereof. Such order shall provide: (1) for a hea~ing on the fairness, reasonableness and ad~quacy of the Consent Order (the "Hearing"); * In no event shall the cost and expenses of giving notice exceed in the aggregate $3500.00. -21- and of the Hearing to approve this Consent Order; and (3) for such other matters as the Court may deem to be necessary or proper under the circumstances. {B) The Cons~nt Order shall become effective only upon the entry-of Final Judgment: (1) approving the Order and adjudging all of its terms to be fair, reasonable and adequate and directing execution and consummation of jll of its terms and proVisions;* (2) dismissing the Complaint as to each defendant in this action with prejudice and on the merits and without attorneys' feep or costs; (3) discharging each defendant and his, . her or its respective agents, servants, employees, heirs, successors, assigns or per- * The defendants' obligations to implement each provision of the Consent Order shall begin ten (10) calendar days following the giving of notice of entry of the Order and Final Judgment, unless otherwise specified herein. ________..,zz_,,._ - --- all the Open Housing Center, each named plaintiff and each and every member of the classes and · the heirs, successors and·assigns or personal representatives of any of them has or may have, or which have been or might have been asserted against each defendant and his, her or its respective agents, servants, employees, heirs, successors, assigns or personal representatives in connection with or arising out of the acts, transactions or occurrences or series of acts, transactions or occurrences alleged in the complaint in this action; (4) permanently barring and enjoining the Open Housing Center, each named plaintiff and each and every member of the classes and the heirs,~successors, assigns or personal representatives of any of them, either directly or representatively, from a·sserting ag_c1.inst each defendant and his, her or its ~espective agents, servants, employees, heirs, s_uccessors, .assigns or person~l representative£ any claim, demand, right or cause of action arising out of ...... ::-..2.l:.. . I ~-.-.~;:¥ij~!:~F~i=JW=w1r:m2~ii£;:~ff ·····ne\±5,;.) 1 of acts, transactions or occurrences alleged in the complaint in this action; (5) discharging and releasing each defen- dant and his, her or its respective agents, servants, employees, heirs, successors, assigns or personal representatives from and extinguishing any and all claims, demands and causes of action, whether or not arising out of this action, which the Open Housing Center or each named plaintiff has asserted or may have asserted against the defendants or t.he agents, servants, employees, heirs, successors, assigns or personal representatives of any of them, whether or not arising out of this action; and (6) permanently barring and enjoining the Open Housing Center and each named plaintiff and the heirs, successors, assigns or personal representatives of any of them, from asserting against each defendant and his, her or its respective agents, servants, employees, heirs, successors, assigns or personal representatives any and all claims, demands, rights or causes -24- 1111 Ill ~i 1_ I.ii IL t .. -- - -..,.-_ ' ~ --- ~ ,,,-- •-.tc<-..:.~~- -, named plaintiff had or fuay date of the approval of this Consent Order by the Court. VI, DEFINITION OF THE CLASSES The defendants hereby consent to the certification of two classes by the Court pursuant to Rule 23 of the Federal Rules of Civil Procedure to be defined as follows: (ll All black persons who have been: (al steered f by defendants away from buildings with predominantly white tenants and into buildings with racially mixed or predominantly black tenants; (bl told by one or more defendants, because of their race or color, that a dwelling or dwellings were not available for inspection or rental when such dwelling or dwellings were in fact so available; (c) otherwise denied, by defendants' racially discriminatory practices, information concerning or the opportunity to inspect available apartments; or (dl otherwise subjected to discrimination on the basis of race or color in the provision of rental housing or brokerage services by defendants. (2) All persons residing in the Forest Hills, Rego Park and Kew Gardens community who, by defendants' acts, policies and practices, have been deprived of the right to • • ~'····-···- ., r----· ·- -- - . -25- that arise from living in an integrated community free from discriminatory housing practices. VII. JURISDICTION The Court shall retain jurisdiction of this action for all purposes so long as this Order is in effect. ORDER~D this~ 1~ay of Charles P. Sifton United States Disfrict -26I ! l·-- 1 I i :. FOR THE DEFENDANTS: FOR THE PLAINTIFFS': A.SING CORP. B ~ . Samuel Miller President 1 New II 1, ; 1. / ''' r Richardjlix !\. , 7. Stuart Dix ~.u~ J 1ttffe- Louise Koscheva -27- -----.-- _,.,._..., ~ ·---. ·.,,- .. - .- - Paul J. o dberg, Es . Attor ys for Defen ants Kraham Leaa~ng Corp., ·Richard Dix, Stuart Dix, Arnie Steiner, Samuel Miller and Louise Koscheva MANCHESTER 4 K.G. CORP. Op~g~~ by Betty Roeber Executive Director CANTERBURY 6 K.G. CORP. By c::; >~,..c. '_e)_4,.. . , By ~ ' " w , o Lo'Biancone Attorneys for Defendant Coronet Hall, Inc. and Frede. Trump -29- " •· • ' ,-~ ~ Juliet Kalikow as Executrix of the Estate of d J. Kalikow Peters. Kalikow as Executor of the Estate of Harold J. Kalikow Geral, N Schrager a Executor o the Estate of Harold J. Kalikow PEIR Z ACKERMAN & LEVINE By-i:-=--oUA3-'----'-----i-~--Attorneys for the Executors of the Estate·of Harold J. Kalikow -30- ---.-----------~ ---- -· - "'1" . -_,-_ ·e::i,d