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Personal Injury
Sexual Harassment

United States of America v. Filomeno Hernandez, Ramin Akhavan, Bonnie Brae Investment Services LLC, and Westlake Property Services LLC

Published: Aug. 27, 2021 | Result Date: Aug. 6, 2021 | Filing Date: Jan. 13, 2020 |

Case number: 2:20-cv-00327-DSF-AFM Settlement –  $105,000

Judge

Dale S. Fischer

Court

CD CA


Attorneys

Plaintiff

Acrivi Coromelas
(Office of the U.S. Attorney)

Oneshia S. Herring
(U.S. Dept. of Justice)


Defendant

Gregory M. Bordo
(Blank Rome LLP)

Craig N. Haring
(Blank Rome LLP)

Paul H. Tzur
(Blank Rome LLP)

Benjamin S. Taylor
(The Taylor Law Firm)

Benjamin Kiss
(Fischer, Zisblatt & Kiss, LLP)


Facts

Ramin Akhavan, Westlake Property Services, and Bonnie Brae Investment Services owned two aparment buildings which had about 80-90 units each. Akhavan hired Filomeno Hernandez to manage the properties. It was alleged that since 2006, Hernandez has subjected female tenants at these properties to discrimination on the basis of sex, including severe, pervasive, and unwelcomed sexual harassment, on multiple occasions. The United States brought an action against Hernandez, Akhavan, Bonnie Brae Investment Services, and Westlake Property Services to enforce provisions of the Fair Housing Act (FHA).

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated the FHA when defendants discriminated tenants on the basis of sex. Plaintiff contended that defendants violated the FHA when defendants made statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination on sex. Plaintiff contended that defendants violated the FHA when defendants engaged in a pattern or practice of resistance to the full enjoyment of the rights granted by the FHA. Plaintiff contended that defendants subjected female tenants to harassment by: unwanted sexual touching, sexual assault, frequent unwelcomed sexual advances and comments, offering to reduce rent or unpaid rent in exchange for sex, and unannounced visits to the homes of female tenants without their consent to make sexual advances.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

The case settled for $105,000. Defendant Hernandez cannot participate in the rental or management of residential properties in the future. Defendant Hernandez must vacate the premises and leave his post as on-site property manager. Defendants are mandated to FHA training and required to be subjected to extensive monitoring and reporting regarding property management activities and compliance with the terms of the consent decree.


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