U.S.

Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
SSM:MSM:JLB:kds U.S. Mail: 950 Pennsylvania Avenue, NW• GSl.
Washington, DC 20530
DJ 175-11-361 Overnight: 1800 G Street. NW
Suite 7002

Telephone:
Washington, DC 20006
(202) 514-4713
received
Facsimile: (202) 514-1116
f"® i 3 2018

February 12,2018 ' eP'=ERSONOOATTOR^,Ey

VIA FEDEX OVERNIGHT MAIL

Mike O'Cormell, Jefferson County Attorney

Jefferson Hall of Justice
600 West Jefferson Street
Louisville, KY 40202

Re: Metro Council Ordinance No. 0-326-17

Dear Mr. O'Connell:

This letter is to inform you that the Civil Rights Division of the United States Department
of Justice has initiated an investigation into potential discrimination on the basis of race by the
Louisville Metro Council in violation of the Fair Housing Act ("FHA"), 42 U.S.C. §§ 3601-3619.
The FHA prohibits discrimination on the basis of race and other protected classes in zoning
decisions. The focus of our investigation will be whether the Metro Council has unlawfully
discriminated on the basis of race in the enactment of Ordinance No. 0-326-17, which rejected the
rezoning application of LDG Multifamily, LLC.

The Department is committed to a fiill and fair investigation of this matter. Our
investigation is preliminary, and we have not reached any conclusion concerning the legality of
the Metro Council's conduct and Ordinance No. 0-326-17. In order to conduct a full and fair
investigation, it is essential that we have complete and accurate information about the Metro
Council's consideration of the ordinance. To facilitate our investigation, we ask that the Metro
Council provide us the documents and information requested in the enclosure with this letter. We
also encourage the Metro Council to provide any additional documents and information it may
consider relevant to our investigation.

In addition, to encourage cooperation, we have attempted to limit the areas of inquiry so

that our investigation may be conducted in an efficient andexpeditious manner. We are willing to
work with you to minimize any burdens that would be imposed upon the Metro Council in
obtaining the documents and information requested below.
 During the course of this investigation, we request that the Metro Council maintain all
records, documents, files, correspondence, audio and video records, and electronically stored
information related to Ordinance No. 0-326-17, LDG Multifamily, LLC, and Prospect Cove since
January 1,2016 that is currently in the Metro Council's custody and control, or in the custody and
control of individual Metro Councilmembers, including any legislative and administrative staff.
Any information that is responsive to this letter should be retained and produced to the Department
in its entirety. Do not alter, destroy, or otherwise dispose of any such items.

Once we have had an opportunity to review the documents and information provided in
response to this letter, we will contact you to discuss any additional documents that may be useful
to our investigation and to schedule any interviews of Metro Councilmembers and staff. Please
respond to the enclosed requests for documents and data within 30 days from the date ofthis letter.
If you have any questions or wish to discuss this letter, then please contact Civil Rights Division
Trial Attorney Junis L. Baldon at (202) 305-1806.

Thank you for your prompt attention to this matter.

Sincerely,

Sameena Shina Majeed

Chief
Housing & Civil Enforcement Section
 Louisville Metro Council
Requests for Documents and Data

All references to "documents" include electronically stored information as well as paper

documents. These requests seek documents, data, records, and other information from January 1,
2016 to the present related to Ordinance No. 0-326-17, LDG Multifamily, LLC, and Prospect
Cove, unless otherwise noted. Each request applies to the Louisville Metro Council and individual
Councilmembers, including their respective administrative and legislative staffs. For each request,
please provide the name and title of the individual who can best discuss and offer any necessary
clarification to the responses given.

Request No. 1; A copy of Louisville Metro's Comprehensive Plan.

Request No. 2: A current zoning map for Louisville Metro.

Request No. 3; Describe and provide all documents that refer or relate to the zoning
history of the real property located at 6500 Forest Cove Lane and 7301 River Road, Louisville,
Kentucky.

Request No. 4: Provide a list of all proposed multi-family housing developments,

"workforce housing" developments, or developments using federal low-income housing tax
credits or any other federal or state grants, including any zoning and rezoning applications for such
developments, approved or denied by the Metro Council since January I, 2008. For each
development identified, please provide the address, date of construction, number of units, copies
ofany Metro Council decisions related to the development,and copies ofall associateddocuments,
including any zoning applications, requests, or appeals.

Request No. 5: Describe and provide all documents that refer or relate to LDG
Multifamily, LLC, Prospect Cove, and Prospect Development, LLC.

Request No. 6: Provide copies of all attendance lists and sign-in sheets maintained
by the Metro Council documenting the attendance of residents and publicofficials at anyhearings
or meetings related to LDG Multifamily, LLC, Prospect Cove, and Prospect Development, LLC.
In addition, provide copies of all such attendance lists and sign-in sheets maintained by the
Louisville Metro Planning Commissionand the Planning/Zoning, Land Design, and Development
Committee.

Request No. 7: Provide a list of all proposed single-family residential housing

developments, including any zoning and rezoning applications for such developments, approved
or denied by the Metro Council since January 1, 2008. For each development identified, please
provide theaddress, date of construction, number of homes, copies ofanyMetro Council decisions
related to the development, and copies of all associated documents, including any zoning
applications, requests, or appeals.
 Request No. 8: Provide copies of all documents related to any zoning application
made by the owner of the property located at 6500 Forest Cove Lane and 7301 River Road.
Provide a copy of each application identified, copies of any communications related to the
application and the Metro Council's decision, and explain the Metro Council's rationale for
approving or denying the application.

Request No. 9: Provide copies of all documents related to Prospect Cove from the
Prospect City Council, including any individual Prospect City Councilmembers as well as any of
its agents, employees, consultants, representatives, attorneys, and legislative and administrative
staffs.

Request No. 10: Provide copies of all documents, including correspondence, emails,
petitions,letters,and any other documents from citizensor other entities that refer or relateto LDG
Multifamily, LLC, Prospect Cove, or ProspectDevelopment, LLC. This request also includes any
correspondence, emails, or other documents provided by Metro Councilmembers, including
legislative and administrative staff, in response.

RequestNo.il: Provide copies of all documents, including any correspondence,

emails, letters, drafts, and any other documents related to Ordinance No. 0-326-17.

Request No. 12: Provide the most recent demographic data, including any maps or
reports, that the Metro Council has obtained, commissioned, or maintained from any consultant
regarding: (1) the breakdown ofresidents by race in multifamily housingwithin Louisville; (2) the
breakdown of residents by race in single-family housingwithin Louisville; and (3) the geographic
placement of residents by race within Louisville.