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GAUTREAUX v. CHICAGO HOUSING AUTHORITY

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.
  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 ...

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