BISMARCK, ND, October 15, 1999 The North Dakota Fair
Housing Council (NDFHC) and two Bismarck residents filed a federal lawsuit today against
Virgil Woeste, a Bismarck property manager, charging discriminatory housing practices.
Amy Schauer Nelson, Executive Director of the NDFHC stated, "It is shocking to
hear how Mr. Woeste treated his tenants and the statements that he made to them."
Mr. Woeste manages the 40-unit Century Apartments complex whose ownership is listed as
Woeste Creameries, Inc. Since 1995, the NDFHC has received 8 complaints of discrimination
against the management of Century Apartments. On the basis of the complaints, the NDFHC
conducted an investigation of Mr. Woestes business operations.
The investigation by the NDFHC confirmed the basis for the complaints. The complaint
charges that Mr. Woeste routinely harasses female tenants. Mr. Woeste told one female
tenant that "he wasnt going to jump her yet." He told another female
tenant that he bet she liked "long hard screws." Female tenants complained of
references to them by Mr. Woeste as "his girls" and "baby." In
addition, complaints were lodged about Mr. Woestes sexually explicit language,
sexual references to female tenants bodies and other inappropriate comments/remarks.
The investigation also found that several female tenants complained about unannounced
entries into their apartment while they were at home or away. Female tenants complained
about him entering their apartments while they were sleeping or in the shower to then
discover Mr. Woeste when they came out. Female tenants were told they were not allowed to
have chains on their doors because Mr. Woeste was to be able to enter their apartment at
any time. One tenant was told to just be quiet and live with it.
"As we conducted our investigation, it became obvious that if you were a single
female you were exposed to a side of Mr. Woeste that was not appropriate in his role as a
landlord," explained Schauer Nelson. Two Bismarck residents who rented housing from
Mr. Woeste are also part of the lawsuit.
The federal law that governs housing discrimination is the Fair Housing Act (FHA),
which was passed by Congress in 1968. The FHA forbids discrimination in the sale, rental
or financing of housing on the basis of race, color, religion, national origin, gender,
familial status (presence of children), or disability. The North Dakota Century Code on
Human Rights forbids similar kinds of discrimination and also gives further protection to
individuals on the basis of age, receipt of public assistance, and marital status.
The North Dakota Fair Housing Council is a North Dakota non-profit organization located
in Bismarck. The NDFHCs mission is to provide support, encouragement, and assistance
to those seeking equal access to housing in the state of North Dakota. The NDFHC also
investigates complaints of housing discrimination.
This case was filed simultaneously in federal District Court in Bismarck and with the
U.S. Department of Housing and Urban Development, which enforces the FHA. The NDFHC and
the individual plaintiffs are represented in the lawsuit by Marilyn Foss, a Bismarck
lawyer, and by Christopher Brancart, a lawyer from Pescadero, California who specializes
in fair housing litigation.