Exhibits to Kohn v. Hollywood Police, Einhorn et al.

1Case 0:13-cv-62588-WJZ Document 4-1 Entered on FLSD Docket 12/19/2013 of 88

U.S. Department Of Housing and Urban DevelopmentGeorgia State Office Five Points Plaza 40 Marietta Street Atlanta, GA 30303-2806

August 12, 2011

Mr. & Mrs. Steven Kohn 3841 N 51st Ave Hollywood, FL 33021

Dear Mr. & Mrs. Kohn:

Subject: Housing Discrimination Complaint Kohn, Steven & Renee v. City Commission of Hollywood, FL, et al HUD File No.: 04-11-1099-8

Title VI Case No.: 04-11-1099-6 Section 109 Case No.: 04-11-1099-9

Your complaint, alleging one or more discriminatory housing practices, was officially filed on 08/08/2011 as a complaint under the Federal Fair Housing Law, 42 U.S.C. Sections 3601-3619. For your records, we are enclosing a copy of your complaint, and, as required by law, a copy has been sent to the respondent(s).

Additionally, the complaint was filed under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits discrimination on the basis of race, color or national origin in the programs and activities receiving Federal financial assistance from the Department. The HUD regulation implementing Title VI at 24 CFR Part 1 requires that no person shall, on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. Further, Title VI at 24 CFR Part 1 provides for an investigation whenever a complaint or other information indicates a possible failure by a HUD-funded recipient to comply with the Acts. The U. S. Department of Housing and Urban Development (HUD) will investigate this complaint under this authority.

The complaint also was filed under Section 109 of Title I of the Housing and Community Development Act of 1974 (Section 109). Section 109 requires that no person in the United States shall on the ground of race, color, national origin, sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds.

The purpose of this letter is to inform you of: 1) the rights you have during the processing of this complaint, 2) the rights each respondent has in responding to this complaint, and 3) the


steps the U.S. Department of Housing and Urban Development (the Department) will take to determine whether the complaint has merit.

In order to ensure that the Department informs you properly of the law's requirements, this notification letter contains language required by the law. A similar letter is used to notify all parties whenever a formal complaint has been filed with the Department under the Federal Fair Housing Law.

We are governed by federal law, which sets out what steps we must take when a formal complaint is filed. The law also includes steps that each respondent can take to answer or refute the allegations of this complaint.

Under federal law, a respondent can file an answer to this complaint or any amendment made to this complaint within 10 calendar days of receipt of the Department's notification letter to him or her. Each respondent's answer must be signed and affirmed that the response is truthful by including the statement "I declare under penalty of perjury that the foregoing is true and correct." A respondent can, with the agreement of the Department, amend his or her answer at any time during the investigation.

Our responsibility under the law is to undertake an impartial investigation and, at the same time, encourage all sides to reach an agreement, where appropriate, through conciliation. The law requires us to complete our investigation within 100 days of the date of the official filing of the complaint. If we are unable to meet the 100-day requirement for issuing a determination, the law requires that we notify you and the respondent(s) and explain the reasons why the investigation of the complaint is not completed.

In handling this complaint, we will conduct an impartial investigation of all claims that the Fair Housing Act has been violated. If the investigation indicates that there is not evidence establishing jurisdiction, the case will be dismissed. At any point, you can request that our staff assist you in conciliating (or settling) this complaint with the respondent(s). If the case is not resolved, we will complete our investigation and decide whether or not the evidence indicates that there has been a fair housing violation. If the parties involved have not reached an agreement to settle the complaint, the Department will issue a determination as to whether there is reasonable cause to believe a discriminatory housing practice has occurred.

If our investigation indicates that there is reasonable cause to believe that an unlawful discriminatory housing practice has occurred, the Department must issue a charge. If the investigation indicates there is no reasonable cause to believe that discrimination has occurred, the complaint will be dismissed. In either event, you will be notified in writing.

If the determination is one of reasonable cause, the notification will advise you and the respondent(s) of your rights to choose, within 20 days, whether you wish to have the case heard by an Administrative Law Judge, or to have the matter referred for trial in the appropriate U.S. District Court.

Under federal law, even if the Department dismisses the complaint, you still have the right to bring an individual suit under the Federal Fair Housing Law. You may file your lawsuit


in an appropriate federal, state or local court within two years of the date of the alleged discriminatory practice or of the date when a conciliation agreement has been violated. The law does not count, as part of the two-year period, any of the time when a proceeding is pending with the Department. You also have the legal right to file a lawsuit in court, even if your complaint formed the basis for a charge, as long as an Administrative Law Judge has not started a hearing on the record with respect to the charge.

There may be other applicable federal, state or local statutes under which you and/or the respondent(s) may initiate court action. You may consult a private attorney in this regard.

The law also requires us to notify you that section 818 of the Fair Housing Act makes it unlawful for a respondent or anyone else to coerce, intimidate, threaten, or interfere with you in your exercise or enjoyment of, any right granted or protected under the Federal Fair Housing Law. The law also makes it illegal for anyone to coerce, threaten or interfere with you for your having aided or encouraged any other person in the exercise or enjoyment of, any right or protection granted to them under the Federal Fair Housing Law.

Some explanatory material on the law is enclosed for your information.

If you have any questions regarding this case, please contact Candace Tapscott at (305) 536-4479, ext. 2218. Please refer to the case number at the top of this letter in those contacts, and keep this office advised of any change of your address or telephone number. We hope this information has been helpful to you.

Sincerely,

Carlos Osegueda FHEO Region IV Director

Enclosures


Attachments:


Case 0:13-cv-62588-WJZ Document 4-1 Entered on FLSD Docket 12/19/2013 of 88

58


ARTICLE II. THE CITY COMMISSION

Sec. 2.06. Non-interference.

The city commission and its members shall interact with the employees of the city's departments, offices and agencies solely through the city manager, or, in the case of the city attorney's office, the city attorney, or the designees of the city manager or city attorney, if any. Neither the city commission nor any of its members shall give orders or directions to, nor make requests of, any of the employees of the city's departments, offices and agencies, except that such orders, directions and requests may be directed to designees, if any, of the city manager or, in the case of the city attorney's office, the city attorney.

(Ord. O-2010-28, passed 7-21-10)


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PDF COPY - NOT OFFICIAL COPY


162

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: 10-048282 (18)

GRANT EINHORN AND SANDRA ) EINHORN, as husband and )wife, ) )

Plaintiffs, ))

vs. ) )STEVEN KOHN AND RENEE KOHN, )

)Defendants. )

______________________________/

TRANSCRIPT OF PROCEEDINGSVOLUME II of IV (Pages 162 - 262)

DATE: August 3-4, 2011LOCATION: Broward County Courthouse

201 Southeast 6th StreetFort Lauderdale, FL 33301

BEFORE: Honorable Michele Towbin Singer

This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were

reported by:

Carlos A. RugelCertified Electronic Court Reporter

Notary Public, State of FloridaAlternative Court Reporting

4700 Sheridan Street, Suite JHollywood, FL 33021P: 954.832.3563F: 954.556.6607

www.AlternativeCourtReporting.com


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197

MR. LOW: Okay.

THE COURT: So ask your next question.

Q. Okay, and how many times did you contact

the Hollywood Police Department in that regard?

A. Several times.

Q. I'm not talking about the time that you

called the non-emergency number for the police to

come over. I'm talking about separate and apart

from that.

A. They're all -- they're all -- they're all

in the same -- they're all in the same to me.

When I made a phone call, it was a phone call

because I was being harassed and I had the

expectation that Hollywood Police would protect me

and allow me to feel safe and secure in my home.

Q. Okay, and do you know who you were

speaking with on the phone at the Hollywood Police

Department?

A. Depended on the day.

Q. Can you give me a name?

A. That I spoke to? I mean, typically I

spoke to dispatch who would then call someone out.

And I had many officers come out to my home.

Q. And did the police officers of the

Hollywood Police Department ever ask you if you


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198

have a restraining order against Steve Kohn?

A. The Hollywood Police knew that I had been

unsuccessful in obtaining a restraining order

against Steve Kohn.

Q. So they knew that you were unsuccessful?

A. Yes.

Q. Okay. Did they -- did they --

A. Or that's what I told them.

Q. And did you ever lead them to believe you

had a valid restraining order against Mr. Kohn?

A. No, it would be foolish to lead police

into something that they could very easily figure

out for themselves one way or another.

Q. So your testimony is that you never told

police you had a valid restraining order against

Mr. Kohn?

A. That is correct.

Q. In fact, you told the police you did not

have a valid restraining order because it was

denied?

A. I told -- I called the police and I --

the day that I actually lost when the decision was

made that I did not receive it. I did call

Hollywood Police to let them know that I did not

receive the restraining order. Yes, that is


Exhibits to Kohn v. Hollywood Police, Einhorn et al.

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Transcript of Exhibits to Kohn v. Hollywood Police, Einhorn et al.