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NAACP v. ITT COMMUNITY DEV. CORP.

May 6, 1975

National Association For the Advancement Of Colored People et al., Plaintiffs,
v.
ITT COMMUNITY DEVELOPMENT CORPORATION, Defendant



The opinion of the court was delivered by: RICHEY

 This is a class action brought by plaintiffs pursuant to the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq.

 In their Complaint, plaintiffs allege that defendant has engaged in racially discriminatory advertising and marketing practices. Plaintiffs allege that these practices indicate a "preference, limitation or discrimination based on race" in violation of 42 U.S.C. § 3604(c) and that they have the effect of making housing unavailable on account of race.

 Although maintaining that its denials are correct as a matter of fact and law, defendant states that it subscribes to and supports the spirit and intent of legislation designed to provide equal housing opportunities and that it desires to cooperate with plaintiffs in order to support further the objective of equal housing opportunities for all persons without regard to race, color, religion, sex, or national origin. To that end, defendant desires to undertake the affirmative program set forth below. In view of defendant's willingness to undertake the measures set forth below, plaintiffs have agreed not to seek a litigated determination as to whether defendant violated the Fair Housing Act of 1968.

 Therefore, plaintiffs and defendant consent to entry of this Order.

 I.

 IT IS HEREBY ORDERED, ADJUDGED, and DECREED, that the defendant, ITT Community Development Corporation, its agents, employees and successors, will not discriminate in any manner whatsoever against any person because of race, color, religion, sex, or national origin in the sale or rental of dwellings, in the provision of services in connection therewith, or in the marketing, promotion, advertising, or display of such dwellings and will continue to assure that no notice, statement, or advertisement with respect to the sale or rental of a dwelling that is made, printed, or published, or caused to be made, printed, or published by it, will directly or indirectly indicate a preference, limitation, or discrimination on account of race, color, religion, sex, or national origin.

 II.

 NONDISCRIMINATORY ADVERTISING AND SOLICITATION

 IT IS FURTHER ORDERED that within the time periods specified below the defendant shall implement the following affirmative steps with regard to the sale or rental of any and all residential dwellings which it owns, operates, or manages:

 A. Within 30 days after the entry of this Order, continue to display in a prominent place and clearly visible to applicants a fair housing poster in all offices in which sales activity takes place. This poster shall be in a form approved by the Secretary of HUD, 24 C.F.R. Part 110, published in 37 Fed. Reg. 3429;

 B. Include in all advertising of any dwellings offered for sale or rent published 30 days after the entry of this Order a statement prominently placed and easily legible (or in the case of radio advertising, prominently inserted and clearly audible) indicating that dwellings are made available without regard to race, color, religion, sex, or national origin, PROVIDED, that defendant shall be permitted to utilize and distribute its present inventory stock of printed advertising materials (e.g., brochures, handouts, mailing packets, inserts) without such a statement, PROVIDED FURTHER that all advertising materials printed after the entry of this Order, including those to replace present inventories, and all advertising materials distributed or otherwise utilized after January 1, 1976 shall contain such a statement. With respect to newspaper and other printed advertisements, this requirement shall be satisfied by the use of the "Equal Housing Opportunity" logotype contained in the Advertising Guidelines for Fair Housing promulgated by the United States Department of Housing and Urban Development, 37 Fed. Reg. 6700. However, with respect to the utilization of the "Equal Housing Opportunity" logotype in such advertisements, the defendant agrees to include the logotype in accordance with the following standards: in advertisements larger than 1/2 page, an "Equal Housing Opportunity" logotype no smaller than 1 inch by 1 inch shall be used; in advertisements of 1/2 page, an "Equal Housing Opportunity" logotype no smaller than 3/4 inch by 3/4 inch shall be used; in advertisements of less than 1/2 page, an "Equal Housing Opportunity" logotype no smaller than 1/2 inch by 1/2 inch shall be used; provided, however, that no logotype is required to be used in advertisements smaller than four column inches;

 C. Advertising printed after the 90th day following entry of this Order respecting the sale or rental of any property at Palm Coast, which depicts human models, shall depict blacks and other minorities *fn1" as well as white persons in accordance with the Advertising Guidelines for Fair Housing, 37 Fed. Reg. 6700. In addition, all inventory items (described below) that are distributed or otherwise utilized after January 1, 1976 and which depict human models shall do so in accordance with the Advertising Guidelines for Fair Housing, 37 Fed. Reg. 6700, without regard to when such items were printed. In all such advertising minority human models shall appear in a peer relationship with white human models.

 
1. With respect to advertisements printed in newspapers and periodicals, defendant shall continue to use human models in a substantial proportion of its display advertising for one year from the 90th day following entry of this Order and shall not discontinue the use of human models prior to January 1, 1978.
 
2. With respect to inventory items (e.g., brochures, handouts, direct mail packets, inserts, etc.), defendant shall continue to use human models in a substantial proportion of such materials for 12 months following the date it next publishes inventory items and shall not discontinue the use of human models in inventory materials prior to January 1, 1978.

 With respect to both inventory items and advertisements printed in newspapers and periodicals, as well as all other forms of advertising, defendant shall retain discretion, based on budgetary constraints and profitable lead generation, to determine the total amount of advertising;

 D. Continue to solicit purchasers likely to have an interest in defendant's Palm Coast development in various geographic areas and communities inhabited predominantly by blacks and other minorities. This paragraph shall be implemented by utilizing such marketing devices and techniques, e.g., marketing lists, as are reasonably calculated to attract such minority group members.

 III.

 AFFIRMATIVE ACTION

 In addition to effecting the changes set forth in section II. above, defendant shall also, by way of affirmative action, take the following steps for a period of 18 months following entry of this Order with ...


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