A group of Gunnison landlords continue to ignore the consent decree they entered into — and now a federal judge’s order — requiring them to stop discriminating against families with children at the condo complex they operate.
On July 14, an attorney for the U.S. Department of Housing and Urban Development (HUD) reported that, to his knowledge, David Welch, John Welch, and Ruth Welch had not taken steps to obey a two-month-old court directive to use family language when advertising their rental property at 1412 W. Gunnison Ave.
“As recently as May 10, 2023, respondents placed print advertisements that do not contain the required language,” Assistant U.S. Attorney Zeyen J. Wu wrote.
In late 2019 and early 2020, the Welches signed a consent order in response to allegations that they were refusing or discouraging families from renting at Westwood Cove Condominiums, which violates the Fair Housing Act. The consent decree required them to pay $800 to the Denver Metro Fair Housing Center, include the language “families with children are welcome to apply” when advertising the property, and provide records of rental applications and applications to HUD.
But, according to HUD, the Welches almost entirely ignored the deal.
Last year, the United States Court of Appeals for the 10th Circuit ordered the Welches to fulfill their obligations and restarted the three-year compliance period for the consent decree.
Instead, the Welches sent a letter to HUD accusing the department of “flagrant lies and accusations” and “harassment.” last august, after Welches failed to appear in courtU.S. Magistrate Judge N. Reid Neureiter recommended that they be fined $150 a day and, if it didn’t come to their attention, potentially arrested.
In an unusual order addressed to the Welches, U.S. District Court Judge Daniel D. Domenico confirmed in May that he was giving them a “last chance” to comply with the original consent decree or he would impose “substantial fines, jail time, community service, or all three.”
“If you don’t follow this order, I will hold a court hearing where you must come in person and explain why you didn’t do what I ordered,” he wrote. “If you don’t have a good explanation, or if you don’t show up, I’ll hold you in contempt of court.”
Domenico directed them, by June 12, to incorporate family-inclusive language in their advertising and provide a list of rental applications to HUD, as required by the consent decree.
“I understand you’re saying you don’t discriminate against families with children. That’s not the issue at this point,” he told the Welches. “You were repeatedly told to come to court and explain why you didn’t change your ad or otherwise do the things you agreed to.”
A day after Domenico’s order, the Gunnison Country Shopper ran an advertisement for the Welches’ property. He did not specify that families with children were welcome.
Since then, Wu told Domenico that he had called the Welche’s phone number several times to no avail. Colorado Politics called the same number and a woman answered, but she hung up instead of answering questions about Domenico’s order.
Alan Wartes, publisher and owner of the Gunnison Country Shopper, told Colorado Politics that the most recent edition also included an ad that lacked the required family language.
“What I am comfortable telling you is that we were unaware of this issue and now we are carefully reviewing our policy regarding situations like this,” he said.
