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GAUTREAUX v. CHICAGO HOUSING AUTHORITY

United States District Court, Northern District of Illinois, E.D


July 1, 1969

DOROTHY GAUTREAUX, ODELL JONES, DOREATHA R. CRENCHAW, EVA RODGERS, JAMES RODGERS, ROBERT M. FAIRFAX AND JIMMIE JONES, PLAINTIFFS,
v.
THE CHICAGO HOUSING AUTHORITY, A CORPORATION, AND C.E. HUMPHREY, EXECUTIVE DIRECTOR, DEFENDANTS.

The opinion of the court was delivered by: Austin, District Judge.

JUDGMENT ORDER

This matter coming on to be heard pursuant to this Court's Memorandum Opinion of February 10, 1969, D.C., 296 F. Supp. 907, and Orders entered on such date denying defendants' motions for summary judgment, denying plaintiffs' motion for summary judgment as to Count II of the Complaint, and granting plaintiffs' motion for summary judgment as to Count I of the Complaint, and

The Court having conferred with counsel for the parties and having determined that the several provisions of this judgment order are necessary to prohibit the future use and to remedy the past effects of the defendant Chicago Housing Authority's unconstitutional site selection and tenant assignment procedures, to the end that plaintiffs and the class of persons represented by them, Negro tenants of and applicants for public housing in Chicago, shall have the full equitable relief to which they are entitled,

It is hereby ordered:

I. For purposes of this judgment order,

  A. "CHA" shall mean the defendant, Chicago Housing
  Authority.

  B. "Dwelling Unit" shall mean an apartment or single
  family residence which is to be initially made
  available to and occupied by a low-income,
  non-elderly family, subsequent to the date hereof,
  directly or indirectly by or through CHA, whether in
  a structure owned in whole or in part by CHA (whether
  or not newly constructed) or to be otherwise made
  available for occupancy by or through CHA to such a
  family. "Dwelling Units" include "Leased Dwelling
  Units" as hereinafter defined.

  C. "Leased Dwelling Unit" shall mean a Dwelling Unit
  in a structure leased or partially leased by CHA from
  any person, firm or corporation.

  D. "Limited Public Housing Area" shall mean that part
  of the County of Cook in the State of Illinois which
  lies either within census tracts of the United States
  Bureau of the Census having 30% or more non-white
  population, or within a distance of one mile from any
  point on the outer perimeter of any such census
  tract. "General Public Housing Area" shall mean the
  remaining part of the County of Cook in the State of
  Illinois. The terms "non-white" and "white" shall
  have the meaning given to such terms by the United
  States Bureau of the Census.

    For purposes of this subsection D, results of the
  1970 and each subsequent census taken by the United
  States Bureau of the Census shall presumptively
  determine the non-white population of census tracts
  until results of a subsequent such census are
  officially published; provided, that any party may,
  on motion, offer evidence as to the non-white
  population of any census tract for the purpose of
  rebutting such presumption; and provided further,
  that Dwelling Units located or proposed to be located
  in any census tract subsequent to official
  publication of the results of the last previous such
  census shall be taken into account in determining the
  population of such census tract, and for such purpose
  it shall be assumed that such Dwelling Units will be
  occupied by non-whites at the rate of two persons per
  bedroom.

    For the period from the date hereof until the
  official publication of such 1970 census results, the
  census tracts in the City of Chicago listed on

  Exhibit A, attached hereto, shall be presumed to have
  30% or more non-white population; and, subject to
  evidence offered on motion by either party, the
  non-white population of census tracts in the County
  of Cook outside of the City of Chicago shall be
  presumed to be as stated in the 1960 census of the
  United States Bureau of the Census.

  E. "Public Housing Project" shall mean any thirteen
  or more Dwelling Units which are located (1) in the
  same structure, (2) on the same lot or parcel of real
  estate, or (3) on two or more lots or parcels of real
  estate which are contiguous to one another, or are
  separated only by streets, alleys, bodies of water,
  railroad tracks or the like.

II. Following the date of this judgment order CHA shall not authorize, approve or implement any plan for Dwelling Units, nor shall CHA seek any approval or request or accept any assistance from any government agency with respect thereto (including without limitation approval of the acquisition of any interest in real estate), unless such plan affirmatively requires that,

  A. All Dwelling Units provided for in such plan shall
  be located in conformity with the provisions of
  Article III hereof, and

  B. The activities to be performed in order to render
  such Dwelling Units available for occupancy (whether
  construction, purchase, rehabilitation, leasing or
  otherwise) shall take place at such times as will
  result in the location of such Dwelling Units in
  conformity with the provisions of Article III hereof.

III. Following the date of this judgment order CHA shall provide Dwelling Units as follows, and not otherwise:

  A. The following Dwelling Units may be made available
  for occupancy without restriction imposed by this
  order:

      (1) The 1458 Dwelling Units provided for by
      pending CHA projects Ill. 2-27, 2-28 (exclusive
      of Dwelling Units proposed to be located at 70th
      and Harper streets in the City of Chicago), 2-32,
      2-33, 2-51, 2-64, 2-69 and 2-74.

      (2) Leased Dwelling Units (but not more than two
      per structure) which have been occupied for at
      least six months prior to CHA's leasing the same
      by tenants who continue in occupancy following
      CHA's leasing thereof.

  B. CHA shall not commence or cause to be commenced
  the construction of any Dwelling Units, other than
  said 1458 Dwelling Units referred to in Subsection A
  of this Article III, until CHA shall have commenced
  or caused to be commenced, and shall be continuing or
  shall have completed, the construction of not less
  than 700 Dwelling Units located in the General Public
  Housing Area of the City of Chicago.

  C. Subject to the provisions of Sub-shall not
  commence or cause to be commenced the construction of
  any Dwelling Units in any Limited Public Housing
  Area, other than said 1458 Dwelling Units referred to
  in Subsection A of this Article III, unless within
  three months following such commencement of
  construction at least 75% of the Dwelling Units on
  which CHA shall have commenced or caused to have
  commenced construction, and shall have continued or
  completed construction, since the commencement of
  construction of the last of the 700 Dwelling Units
  referred to in subsection B of this Article III shall
  have been located (at the time of commencement of
  construction thereof) in the General Public Housing
  Area of the City of Chicago.

  D. Subject to the provisions of subsection E of this
  Article III, no Leased Dwelling Unit shall be made
  available for occupancy in the Limited Public Housing
  Area of the City of Chicago (in addition to Leased
  Dwelling Units in such Area which are already
  occupied) unless, immediately following such
  occupancy, at least 75% of the Leased Dwelling Units
  then occupied

  are located in the General Public Housing Area
  of the City of Chicago; provided, that such number of
  Leased Dwelling Units located in the General Public
  Housing Area of the City of Chicago may be less than
  such 75% to the extent Dwelling Units other than
  Leased Dwelling Units have been occupied, or are
  under construction which is continuing, in the
  General Public Housing Area of the City of Chicago in
  excess of the 75% minimum requirement of subsection C
  of Article III hereof.

  E. Not more than 33 1/3% of the Dwelling Units
  required by subsection C of this Article III to be
  located in the General Public Housing Area of the
  City of Chicago, and not more than 33 1/3% of the
  Leased Dwelling Units required by subsection D of
  this Article III to be located in the General Public
  Housing Area of the City of Chicago, may at the
  option of CHA, be planned for and located in the
  General Public Housing Area of the County of Cook in
  the State of Illinois, outside of the City of
  Chicago, provided that (whether or not constructed by
  CHA) the same are made available for occupancy by CHA
  to, and are occupied by, residents of the City of
  Chicago who have applied for housing to CHA, and
  provided further that all such Dwelling Units comply
  with the provisions of Article IV of this order.

IV. Following the date of this judgment order CHA shall not concentrate large numbers of Dwelling Units in or near a single location. Without limiting the foregoing, unless part of a development specifically designed to assist in achieving the purposes hereof as to which the Court by order shall have given its approval,

  A. No Public Housing Project shall contain Dwelling
  Units designed for occupancy by more than 120
  persons, except that if it is impossible for CHA to
  provide within such limitation Dwelling Units which
  it is otherwise capable of providing, and if it will
  assist in achieving the purposes of this judgment
  order, a Public Housing Project may contain Dwelling
  Units designed for occupancy by not more than 240
  persons.

  B. No Dwelling Units shall be located in any census
  tract if, following such location, the aggregate
  number of apartments and single family residences
  theretofore made available to low-income, non-elderly
  families, directly or indirectly by or through CHA,
  in such census tract would constitute more than 15%
  of the total number of apartments and single family
  residences in such census tract; and

  C. No Dwelling Units shall be provided above the
  third story in any structure except for families
  without children and except Leased Dwelling Units in
  a structure in which the number of Dwelling Units
  aggregates no more than 20% of the total number of
  apartments in such structure.

V. Within 30 days following the date of this judgment order CHA shall file with the Court and serve upon counsel for the plaintiffs evidence that CHA has modified its tenant assignment policy, adopted by CHA Board Resolution No. 68-CHA-232, a copy of which is attached hereto as Exhibit B, and its practices thereunder, to include all Leased Dwelling Units as a single "location" for the purposes thereof. Such policy and practices, as so modified, shall be applicable until the further order of this Court.

VI. Within 60 days following the date of this judgment order CHA shall file with the Court and serve upon counsel for the plaintiffs a tenant assignment plan. Such plan shall include, but need not be limited to, provisions having the following purpose and effect:

  A. Such modifications, if any, shall be made in CHA's
  tenant assignment policy and practices as will assist
  in achieving the purposes of this judgment order.

  B. New registrations on CHA's list of persons
  desiring housing (the "waiting list") shall be
  temporarily ended; a determination shall be made
  promptly as to which registrants remain eligible for
  and still desire public housing; intensive publicity
  shall then be employed in such manner as effectively
  to inform low-income families throughout the City of
  Chicago, including present CHA tenants, that
  substantial numbers of Dwelling Units will be made
  available in the General Public Housing Area of the
  City of Chicago pursuant to the provisions of this
  judgment order; and thereafter the "waiting list"
  shall be reopened to new registrants, including
  present CHA tenants who wish to apply for Dwelling
  Units in the General Public Housing Area.

  C. Not more than 50% of the Dwelling Units in all
  Public Housing Projects shall be made available to
  eligible neighborhood residents, the remaining
  Dwelling Units to be made available for occupancy in
  accordance with subsection A of this Article VI.

  D. Vacancies in CHA's Trumbull, Lathrop, Lawndale,
  and Bridgeport projects shall be filled in accordance
  with subsection A of this Article VI, except that
  such tenant assignment plan may contain provisions
  designed to assure that such projects do not become
  racially segregated.

  E. Suitably detailed information shall be regularly
  filed with the Court and served upon counsel for the
  plaintiffs showing CHA's compliance with the
  provisions of this Article VI and such tenant
  assignment plan.

  Following the filing and service of such tenant
  assignment plan the Court will enter such further
  order as it deems appropriate.

VII. Following the date of this judgment order CHA shall file with the Court and serve upon counsel for the plaintiffs, the Civil Rights Division of the United States Department of Justice, and the Regional Administrator of the Department of Housing and Urban Development, the following:

  A. A statement of the following information
  respecting each location for one or more Dwelling
  Units, such statement to be filed and served not more
  than 10 days after any such location is approved by
  the Board of Commissioners of CHA (or by the
  appropriate CHA officer or employee with respect to
  any location not required to be approved by the Board
  of Commissioners) and prior to the formal submission
  thereof to any other government agency or official
  for consideration or action:

    (1) a map showing boundaries, placement in relation
    to adjacent streets and, where available street
    address;

    (2) the area location (whether within the Limited
    or General Public Housing Area);

(3) the census tract number;

    (4) the white and non-white population of such
    census tract;

    (5) the aggregate number of apartments and single
    family residences theretofore made available to
    low-income, non-elderly families, directly or
    indirectly by or through CHA in such census tract;

    (6) the aggregate number of apartments and single
    family residences in such census tract as reflected
    by the most recent census taken by the United
    States Bureau of the Census, supplemented by such
    information with respect thereto as is available to
    CHA from any other government agency or official
    (but the statement need not include such number if
    the number supplied with respect to the preceding
    paragraph (5) is zero);

    (7) the total number of Dwelling Units proposed to
    be provided at such location;

    (8) the number of structures, and the number of
    Dwelling Units in each, in which such Dwelling
    Units are proposed to be provided; and

    (9) such additional data as will show that such
    proposed Dwelling Units will be made available for
    occupancy in conformity with the provisions of
    Articles III and IV hereof, including without
    limitation, in the event such proposed Dwelling
    Units would result in a Public Housing Project
    designed for occupancy by more than 120 persons,
    information showing that the provisions of
    subsection A of Article IV hereof have been met
    with respect to such Public Housing Project.

  B. Statements setting forth any change in the
  information included under paragraphs (1), (2), (3),
  (5), (7), (8) or (9) in a statement filed and served
  pursuant to subsection A of this Article VII, and
  covering the period up to initial occupancy of all
  Dwelling Units at any location, such statements to be
  filed and served not more than 10 days after any such
  change occurs.

  C. Statements covering the periods from the date
  hereof until December 31, 1969, and from the date
  hereof until the end of each calendar semi-annual
  period thereafter, containing such data as will show
  that (1) all plans for Dwelling Units during the
  period covered by such statements have been in
  conformity with the provisions of Article II hereof,
  and (2) all Dwelling Units provided during the period
  covered by such statements have been in conformity
  with the provisions of Article III and IV hereof,
  such statements to be filed and served not more than
  twenty days after the end of each calendar
  semi-annual period beginning with such period ended
  December 31, 1969.

VIII. CHA shall affirmatively administer its public housing system in every respect (whether or not covered by specific provision of this judgment order) to the end of disestablishing the segregated public housing system which has resulted from CHA's unconstitutional site selection and tenant assignment procedures. Without limiting the foregoing,

  A. CHA shall use its best efforts to increase the
  supply of Dwelling Units as rapidly as possible in
  conformity with the provisions of this judgment order
  and shall take all steps necessary to that end,
  including making applications for allocations of
  federal funds and carrying out all necessary planning
  and development; and

  B. CHA is hereby permanently enjoined from invidious
  discrimination on the basis of race in the conduct or
  operation of its public housing system, including
  without limitation the "pre-clearance procedure"
  described in the Court's Memorandum Opinion of
  February 10, 1969.

IX. This order shall be binding upon CHA, its officers, agents, servants, employees, attorneys, and their successors, and upon those persons, including the members of the City Council of the City of Chicago, in active concert or participation with them who receive actual notice of this order by personal service or otherwise.

X. This Court retains jurisdiction of this matter for all purposes, including enforcement and the issuance, upon proper notice and motion, of orders modifying or supplementing the terms of this order upon the presentation of relevant information with respect to proposed developments designed by CHA alone or in combination with other private or public agencies to achieve results consistent with this order, material changes in conditions existing at the time of this order or any other matter.

XI. The costs of this action shall be taxed against CHA, subject to the further order of this Court.

EXHIBIT A.

CENSUS TRACT NUMBERS

114 through 116         460 through 467      664
120 through 137         468 666 through      667
280 through 282         469-Z                675 through 678
340 through 347         470                  681-Z through 683-Z
348-Z                   487                  685 through 686
349-Z                   519-Z                687-Z
350 through 352         520 through 521      688
353-Z                   524                  690 through 691
354 through 355         527-Z                695
357 through 362         532-Z                697
363-Z                   534-Z                711
364 through 373         539-Z                717-Z
375-Z through 378-Z     541 through 553      719-Z
379 through 383         554-Z                720-Z
384-Z                   556 through 562      723
389-Z                   564-Z                803 through 805
390-Z                   567-Z                852
391 through 392         569-Z                855
395                     574 through 610      858 through 859
399-Z                   613-Z                861 through 862
401-Z                   614 through 619      867-Z
403                     620-Z                868 through 895
410-Z                   621-Z                897-Z
412 through 420         623 through 641    898 through 900
428 through 429         642-A              903
431-Z                   642-B              905 through 911
432                     643 through 650    912-A through 912-D
434-Z                   652                922
440 through 441         653-Z              923-A
442-Z                   655                923-B
444 through 449         656-Z              924 through 927
450-A                   657                932
450-B                   658-Z              934 through 935
451 through 457         659 through 662

EXHIBIT B.

TENANT SELECTION AND ASSIGNMENT PLAN

Each applicant shall be assigned his appropriate place on a community wide basis in sequence based upon date and time his application is received, suitable type or size of unit, and factors affecting preference or priority established by the Local Authority's regulations. At a given time, the applicant first on the waiting list shall be offered a dwelling unit in accordance with the following plan:

  1. If at the time the applicant comes to the top of
     the waiting list there are suitable vacancies in
     three or more locations, the applicant shall be
     offered the unit at the location that contains the

     largest number of vacancies. If the applicant
     rejects the first vacancy offered he shall be
     offered a suitable unit at the location containing
     the next highest number of vacancies. If the
     applicant rejects the second vacancy offered he
     shall be offered a suitable unit at the location
     containing the next highest number of vacancies.
     If the applicant rejects the third vacancy offered
     he shall be moved to last place on the eligible
     applicant list. When an offer of a suitable
     vacancy is made to an applicant, there must be a
     rejection of such offer before the applicant will
     be offered another location. Thus, the offering of
     a unit at the location with the second largest
     number of suitable vacancies will not be made
     until the applicant has first rejected the unit
     offered at the location with the largest number of
     vacancies. The offering of a unit at the location
     with the third largest number of suitable
     vacancies will not be made until the applicant has
     rejected the unit offered at the location with the
     second largest number of suitable vacancies.

  2. If at the time the applicant comes to the top of
     the waiting list there are suitable vacancies in
     only two locations, the applicant shall be offered
     the unit at the location that contains the largest
     number of vacancies. If the applicant rejects the
     first vacancy offered he shall be offered a
     suitable unit at the second location. If the
     applicant rejects the second vacancy offered he
     shall be moved to last place on the eligible
     applicant list. When offers of suitable vacancies
     are made to applicants, there must be a rejection
     of the first offer before the applicant will be
     offered the second suitable vacancy.

  3. If at the time the applicant comes to the top of
     the waiting list there is only one location at
     which a suitable vacancy exists, the applicant
     will be offered a unit at that location. If the
     applicant rejects the unit offered, he shall
     remain at the top of the waiting list until a
     second offer of a suitable vacancy can be made.
     Should the applicant reject the second offer of a
     suitable vacancy he shall be moved to last place
     on the eligible applicant list.

In carrying out the above plan, should the applicant be willing to accept the unit offered but be unable to move at the time of the offer and presents clear evidence of his inability to move to the Local Authority's satisfaction, refusal of the offer shall not count as one of the number of allowable refusals permitted the applicant before placing his name at the bottom of the eligible applicant list.

In carrying out the above plan, should the applicant present to the satisfaction of the Local Authority clear evidence that acceptance of a given offer of a suitable vacancy will result in undue hardship or handicap not related to considerations of race, color, or national origin, such as inaccessibility to source of employment, children's day care and the like, refusal of such an offer shall not be counted as one of the number of allowable refusals permitted an applicant before placing his name at the bottom of the eligible list.

19690701

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