Sternjohn v. Kreisler

238 F. Supp. 2d 1104, 2003 WL 61248
CourtDistrict Court, D. Minnesota
DecidedJanuary 6, 2003
DocketNo. 02-842-MJD/JGL
StatusPublished
Cited by2 cases

This text of 238 F. Supp. 2d 1104 (Sternjohn v. Kreisler) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sternjohn v. Kreisler, 238 F. Supp. 2d 1104, 2003 WL 61248 (mnd 2003).

Opinion

MEMORANDUM OPINION & ORDER

DAVIS, District Judge.

This matter is before the Court on Defendants Solar Partnership and Larry Hopfenspirger’s (“Solar Defendants”) Motion for Summary Judgment. As discussed in detail below, the Defendants’ Motion for Summary Judgment is denied.

FACTUAL BACKGROUND

Plaintiffs Eboni SternJohn and Julius SternJohn (“SternJohns”) are a married couple with two daughters. Eboni Stern-John is African American of part Native American ancestry and Julius SternJohn is African American. As of the filing of this action, Eboni SternJohn worked as a landscape store manager and Julius SternJohn was finishing his PhD in biochemistry at the University of Minnesota. (SternJohn Aff., ¶ 2). The SternJohns lived at an apartment complex at 2421 Pillsbury Avenue South, Minneapolis, (“Pillsbury Property”) from September 1995 until July 15, 1999. (Id.).

Defendant Solar Partnership was fee owner of the property until July 17, 1998 (Def.’s Mem. Supp. Summ. J. at 2). Hop-fenspirger is the managing partner of Solar Partnership, Solar Partnership L.L.P., [1106]*1106Solar Partnership I, Solar Partnership III, L.L.P., and Solar Partnership IV, L.L.P. (Cummins Aff., Ex. 1). Hopfenspirger is also the president of Solar Corporation and Hopfenspirger Reality (Id.). Solar Partnership became Solar Partnership I, L.L.P., which was created eight days after the SternJohns filed their complaint against Solar Partnership with the Minnesota Department of Human Rights. (Def.’s Mem. Supp. Summ. J., at 2).

The alleged discrimination began after July 17, 1998, when Hopfenspirger sold the Pillsbury property to Defendant Robert Kreisler (“Kreisler”). Two months later, on September 17, 1998, the two parties entered into an Interim Management Agreement, whereby Kreisler agreed to manage the property from October 15, 1998, until the date of the sale closing (Id.). The SternJohns allege that Kreisler had a history of discriminatory management practices. They submit the affidavit of Men Lindskoog who served as a caretaker for Kreisler in 1989 at a property located on First Avenue in Minneapolis. He states that Kreisler asked him to discriminate against blacks by coding their housing applications so that he would know to deny them later (Lindskoog Aff., ¶¶ 1, 3). Kreisler also had a history of discrimination lawsuits and settlements against him (Cummins Aff., Ex. 3-7).

The SternJohns rented the Pillsbury property for nearly four years, from September 1995 until August 1999. They state that they had no complaints prior to Kreisler’s management of the property. The SternJohns allege that Kreisler engaged in a variety of racially discriminatory behavior. The major allegations of discrimination are set forth below:

Evictions and Lease Non-Renewals: The SternJohns submit affidavits from three tenants stating that Kreisler targeted blacks for groundless or retaliatory evictions and lease non-renewals. The SternJohns were given an eviction notice on November 8, 1998, less than one week after they wrote Kreisler a letter regarding unaddressed repair requests. (Cum-mins Aff., Ex. 7, 17). The eviction was dismissed as groundless on November 20, 1998. (Id., Ex. 18). At the court, Asa Voak, who appeared on behalf of Solar Defendants and Kreisler allegedly stated in Eboni SternJohn’s presence, “I’m tired of having to deal with n-rs.” (Stern-John Aff., ¶ 4).

By letter dated November 25, 1998, the SternJohns complained to Kreisler of discriminatory treatment. (Cummins Aff., Ex.19). Five days later on November 30, 1998, Kreisler gave the SternJohns a notice of lease non-renewal. (Cummins Aff., Ex. 8). On July 11, 1999, shortly after the SternJohns complained both orally and in writing of discriminatory treatment, Kreis-ler issued them their second eviction notice. (Cummins Aff., Ex. 14, 29; Stern-John Aff., ¶ 9). The eviction action was again dismissed. (Cummins Aff., Ex. 30).

Repairs: The SternJohns offer the affidavits of two co-tenants stating that Kreis-ler ignored the maintenance requests of its black tenants. The SternJohns in particular had a refrigerator that would malfunction and spoil their food. Kreisler refused to fix the refrigerator for six months despite being ordered by the court at hearings held on January 13, February 26, April 13, May 3, and May 19, 1999. (SternJohn Aff., Ex. 20-26). During that same time, the SternJohns allege that Kreisler installed a new refrigerator in their white neighbor’s residence. (Stern-John Aff., ¶ 16).

Demographic Change of the Apartment: The SternJohns attest that the racial-makeup of the apartment complex greatly changed after Kreisler’s arrival. In particular, when Kreisler became manager for Solar Defendants, on October 15, 1998, [1107]*1107blacks leased 10 of 24 apartments. By August, 2000, there was only one black household. (Cummins Aff., Ex. 31). The SternJohns claim that this demographic shift is especially significant given the building’s location in a diverse neighborhood (SternJohn Aff., ¶ 2).

Solar Defendants’ Response: The Stern-Johns further allege that Solar Defendants were irresponsive to their complaints and those of other black tenants regarding racial discrimination. In particular, Hopfen-spirger did not respond to a letter the SternJohns sent on December 30, 1998 or their oral complaints regarding discrimination. (Cummins Aff., Ex. 27; SternJohn Aff., ¶¶ 5, 7). Instead, Hopfenspirger extended Kreisler’s management contract until April, 1999. (Cummins Aff., Ex. 28; SternJohn Aff., ¶ 7). On July 12, 1999, Eboni SternJohn wrote Hopfenspirger a letter requesting a rental reference. (Cummins Aff., Ex. 32). When she received no response, she requested the reference from him by telephone on July 15, 1999, fearing that Kreisler would give them a negative reference. (SternJohn Aff., ¶ 7). According to Eboni SternJohn, Hopfenspirger admitted that the Stern-Johns were good tenants and that Kreisler would likely give them a negative reference. Nonetheless, he refused to provide a reference. The SternJohns assert that around the same time, Hopfenspirger gave a white tenant a rental reference (Stern-John Aff., ¶ 8). The Solar Defendants deny ever receiving the letters the Stern-Johns claim to have mailed to Hopfenspir-ger. In addition, the Solar Defendants argue that the SternJohns’ letters of complaint were not received and were fabricated for this litigation. (Def.’s Reply Mem. Supp. Sum. J. at 4).

Following their second eviction notice, the SternJohns decided to move. Kreisler gave a negative rental referral and Eboni SternJohn had to make an in-person appeal to her potential landlord in order to obtain an apartment. (SternJohn Aff., at ¶ 10).

After approximately one year, on July 10, 2000, the SternJohns filed an administrative claim against the Defendants with HUD. (Cummins Aff., Ex. 34). HUD representatives prepared the charge for the SternJohns (SternJohn Aff., ¶ 11). HUD did not issue a report by the time the SternJohns withdrew their charge in order to file a civil suit in federal court. However, HUD recommended issuing a “reasonable cause” determination against all respondents around the time that the charges were withdrawn. (Cummins Aff., Exs. 38-39). Solar Defendants note that the HUD complaint’s address for Hopfen-spirger was incorrect and state that Hop-fenspirger never received the complaint and had no knowledge of its existence. (Def.’s Mem. Supp. Summ. J. at 2).

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Bluebook (online)
238 F. Supp. 2d 1104, 2003 WL 61248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sternjohn-v-kreisler-mnd-2003.