UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
PINEWOOD ASSOCIATES, LTD., et al.,
Defendants.
CV-N-95-00784-ECR (BASE)
_______________________________________
CV-N-96-00370-ECR
JACQUELYN SHE BADHORSE, et al.,
Plaintiff,
vs.
PINEWOOD ASSOCIATES, LTD., et al.,
Defendants.
_______________________________________
CONSENT ORDER
- This Consent Order is entered into between Plaintiff United
States, Plaintiff Jacquelyn She Badhorse, Plaintiffs Sierra
and Terrain Badhorse Foxx, minors by their guardian ad
litem, Plaintiff Jacquelyn She Badhorse, and Defendants
Robert F. Nielsen, Dennis Johnson, Shelter Properties, Inc.,
Manage, Inc., Newlands Realty, Inc., Pinewood Associates,
Ltd., Birch Associates Limited Partnership, Linden Housing
Associates, Ltd., Willow Creek Housing Associates, Ltd.,
Sutro Associates, and Franklin Churchill Associates
(hereinafter collectively referred to as "Settling
Defendants"). The remaining Defendants -- Lee Burke, Mitch
Dugan, Sherman Clark and J. Michael Queenan -- are not
parties to this Order. As for Defendants Mitch Dugan and
Sherman Clark, they shall be dismissed with prejudice upon
execution of mutual releases and waivers by all parties
(except the United States, Lee Burke and J. Michael Queenan)
subject to the terms of the Consent Order. As for Defendant
J. Michael Queenan, he will be dismissed without prejudice
in the interests of justice; each party to bear its own
attorneys fees and costs. As for Defendant Lee Burke, she
will be dismissed with prejudice pursuant to a separate
mutual release and waiver between herself and Plaintiff She
Badhorse, subject to the terms of a separate consent order
to be executed by Defendant Lee Burke and the Plaintiffs.
- On January 26, 1998, the United States filed an amended
complaint alleging that Defendants engaged in a pattern or
practice of discrimination on the basis of race, color, or
familial status at Pinewood Terrace Apartments, Reno
Apartments, Linden Apartments, Willow Creek Apartments and
Sutro Apartments in Reno, Nevada, and Churchill Village
Apartments in Fallon, Nevada (hereinafter collectively
referred to as "Apartment Complexes"), in violation of the
Fair Housing Act, as amended, 42 U.S.C. §§3601 et seg. The
United States alleges that Defendants printed, published,
implemented and unreasonably enforced restrictive rules and
regulations that demonstrate a policy of discrimination
against families with children in the terms and conditions
of rentals at the Apartment Complexes in violation of 42
U.S.C. §§3604(b) and (c). The United States further alleges
that Defendants have taken actions and made statements that
demonstrate a policy of discrimination on the basis of race
or color in the rental of units and in the terms and
conditions of rentals at the Apartment Complexes in
violation of 42 U.S.C. §§3604(a), (b) and (c).
- On January 26, 1998, Plaintiff Jacquelyn She Badhorse filed
an amended complaint on behalf of herself, her minor
children (as guardian ad litem), and other similarly
situated families with children, making similar allegations
with respect to familial status discrimination under the
Fair Housing Act, as amended, 42 U.S.C. §§3604(b) and (c).
In addition, Plaintiff She Badhorse alleges that Defendants
engaged in a pattern or practice of discrimination on the
basis of race, color and national origin at Pinewood Terrace
Apartments in violation of 42 U.S.C. §§3604(a), (b) and (c).
Finally, Plaintiff She Badhorse alleges that Defendants
negligently trained their employees and agents.
- Settling Defendants expressly deny the United States' and
Plaintiff She Badhorse's allegations of discrimination on
the basis of race, color, national origin or familial status
and do not admit any liability. Neither Settling Defendants'
agreement to the terms of this Consent Order nor any other
action taken by Settling Defendants in connection with this
Consent Order constitutes any admission by Settling
Defendants of any violation of law, duty or obligation.
- The United States, Plaintiff She Badhorse and Settling
Defendants agree that, in order to conserve time and
expense, the claims against the Settling Defendants should
be resolved without further litigation. Therefore, the
United States, Plaintiff She Badhorse and Settling
Defendants have waived an adjudication on the merits and
have consented to entry of this Consent Order, subject to
Court approval as provided herein.
Therefore, IT IS HEREBY ORDERED, ADJUDGED and DECREED that:
- The parties stipulate and the Court finds that the Court has
personal jurisdiction over the Settling Defendants and
subject matter jurisdiction over the claims in this action
pursuant to 28 U.S.C. §§1331, 1343(a)(4), 1345 & 1367 and 42
U.S.C. §3614(a).
- This Consent Order is in effect for three (3) years from the
date of entry of the Order. For purposes of this Consent
Order, the phrase "entry of Order" or "entry of this Consent
Order" shall mean the date of entry of the order following
final approval thereof after Notice to Class Members.
- This Consent Order shall apply to Settling Defendants, their
agents, employees, assigns, successors-in-interest, and all
persons in active concert or participation with them.
- This Consent Order shall apply to Pinewood Terrace
Apartments; Reno Apartments; Linden Apartments; Willow Creek
Apartments; Churchill Village Apartments; and Sutro
Apartments while owned by Settling Defendants (the
"Apartment Complexes"), subject to the duration set forth in
paragraph 7, above. This Consent Order shall terminate with respect to any of the Apartment Complexes in the event that
it is sold for value to a bona fide purchaser that is not
related to Settling Defendants and that is not an entity in
which Settling Defendants have any interest, provided that
at least thirty (30) days before any such sale, Settling
Defendants notify the United States in writing of the
transfer and provide written certification that (1) neither
they nor any member of their families maintain any
managerial, ownership, or other interest in the apartment
complex; and (2) the sale is for value to a bona fide
purchaser who is not a member of Settling Defendants'
families, or which is not an entity controlled by Settling
Defendants or a member of their families, or is not an
entity in which Settling Defendants or their families have
an interest. Sutro Associates has represented that it is no
longer an owner of Sutro Apartments. Within thirty (30) days
after the date of entry of this Consent Order, Sutro
Associates shall supply the certification set forth above.
- Plaintiff She Badhorse (on behalf of herself, her children
and as class representative on behalf of the class and
claims certified by the District Court) and Settling
Defendants (on behalf of themselves, their officers,
partners, insurers, employees, agents, assigns, and
successors-in-interest) shall execute mutual releases and
waivers releasing all claims in accordance with the form
attached hereto as Appendix 1. Furthermore, the United
States agrees that this Consent Order resolves all claims
asserted by the United States against the Settling
Defendants, their officers, partners, insurers, employees,
agents, assigns, and successors-in-interest, for any and all
alleged discrimination on the basis of race, color, national
origin and/or familial status that may have occurred at the
Apartment Complexes from March 13, 1989, to the date of
entry of this Order.
- As used in this Consent Order, the term "dwelling" has the
same meaning as that provided in 42 U.S.C. §3602.
- Without admitting that Settling Defendants acted in such
manner, Settling Defendants, their agents, employees,
assigns, successors, and all persons in active concert or
participation with them in the ownership and/or operation of
any of their rental properties shall be permanently enjoined
from:
- Refusing to rent a dwelling unit, refusing or failing to
provide or offer information about a dwelling, or otherwise
making unavailable or denying a dwelling unit to any person
because of that person's race, color, national origin, or
familial status;
- Discriminating against any person in the terms, conditions
or privileges of rental of dwellings, or in the provision of
services or facilities in connection therewith, because of
that person's race, color, national origin, or familial
status;
- Making, printing, publishing, or causing to be made,
printed, or published any notice, statement or advertisement
with respect to the rental of a dwelling that states any
preference, limitation or discrimination based on race,
color, national origin, or familial status;
- Misrepresenting to any person that any dwelling unit is not
available for rental when such dwelling unit is so available
because of that person's race, color, national origin, or
familial status.
- Settling Defendants shall not disseminate adverse credit or
housing information regarding Plaintiff She Badhorse with
respect to the contents of her tenant file as of the date of
the entry of this Consent Order. However, Settling
Defendants may release information contained within her
files to any person or entity which lawfully requests it.
- Settling Defendants shall instruct their employees and
agents that they are not to engage in any retaliatory
conduct against Plaintiff She Badhorse, any member of her
household or any identified aggrieved person pursuant to 24
CFR 100.400.
- Within sixty (60) days after the date of entry of this
Consent Order, Settling Defendants shall conduct and
complete the following for all their employees and agents:
- Furnishing to each employee or agent a copy of the Settling
Defendants' fair housing policy, attached hereto as Appendix
2; and
- Securing the signed statement attached hereto as Appendix 3 from each employee and agent acknowledging that he or she has received, read, and understands the Settling Defendants'
fair housing policy and further understands that violation
of that policy and/or this Order may result in disciplinary
action against them by Settling Defendants.
- For the duration of this Order, each new employee or agent
of Settling Defendants shall be given a copy of, and
required to read, the Settling Defendants' fair housing
policy, and sign the acknowledgement appearing at Appendix
3, within ten (10) days after the date he or she commences
an employment or agency relationship with the Settling
Defendants.
- Within sixty (60) days after the date of entry of this
Order, Defendant Robert F. Nielsen and Roy Pike shall meet
in person (individually or in a group setting) with all the
Settling Defendants' employees and agents for: (1)
instruction on the requirements of the federal Fair Housing
Act, as amended; (2) review of the Settling Defendants' fair
housing policy; (3) review of the specific requirements of
this Consent Order; (4) review of the revised tenant rules
and regulations as they relate to families with children;
(5) the disciplinary consequences if employees or agents
fail to comply with the Settling Defendants' fair housing
policy and/or this Consent Order; and (6) a question and
answer session with regard to the above. Settling Defendants
shall maintain written certifications of all such meetings
that include the signatures of each person in attendance.
- Within ninety (90) days after the date of entry of this
Order, each of Settling Defendants' employees and agents who
has routine contact with applicants or residents (whether in
person or by telephone) shall receive fair housing training
from a fair housing organization selected by Settling
Defendants and approved by the United States, with a focus
on familial status issues, unless that employee or agent can
produce written certification that he or she received
equivalent fair housing training, as determined by the
United States, within the preceding 365 days (as calculated
from the date of entry of this Order). All fair housing
training costs shall be paid by Settling Defendants.
- For the duration of this Consent Order, each new employee or
agent of Settling Defendants who has routine contact with
applicants or residents (whether in person or by telephone)
shall attend fair housing training, with a focus on familial
status issues, provided by a fair housing organization
selected by Settling Defendants and approved by the United
States, within ninety (90) days after the date he or she
commences an employment or agency relationship with the
Settling Defendants. All fair housing training costs for new
employees and agents shall be paid by Settling Defendants.
- NOTIFICATION TO PUBLIC OF NONDISCRIMINATORY POLICIES
- Within thirty (30) days of the date of entry of this Consent
Order, Settling Defendants shall distribute copies of the
following documents to all current tenant households at the
Apartment Complexes:
- Settling Defendants' fair housing policy, attached hereto as Appendix 2; and
- A letter summarizing this Consent Order and the revisions to
the tenant rules and regulations, attached hereto as Appendix 4.
- Within thirty (30) days of the date of entry of this Consent
Order, Settling Defendants shall distribute the revised
tenant rules and regulations, attached hereto as Appendix 5 to all current tenant households at the Apartment Complexes.
For the duration of this Order, Settling Defendants shall
provide all applicants for residence at the Apartment
Complexes with the revised tenant rules and regulations at
the time of application. During the term of this Order,
Settling Defendants shall submit any proposed changes to
these Rules and Regulations to counsel for the United
States.(1) The United States will then have thirty (30) days
to object, in writing, to the proposed changes. If the
United States objects, then the parties shall attempt to
resolve any differences informally before seeking resolution
from the court. If the United States fails to object to the
proposed changes within thirty (30) days, then Settling
Defendants may implement the proposed changes.
- Within thirty (30) days of the date of entry of this Consent
Order, Settling Defendants shall conduct a tenant-management
meeting at the Apartment Complexes in the evening or on the
weekend at which management shall discuss their fair housing
policy and the revised tenant rules and regulations and
answer any questions from tenants with regard to the same.
Settling Defendants shall send out notices of that meeting
to all tenants at least five (5) days prior to that meeting.
Settling Defendants shall request all persons in attendance
at the meeting to print and sign their names on an
attendance sheet.
- Settling Defendants have posted and will continue to prominently display a fair housing poster in their rental
offices and in any office where there is rental activity
and/or personal contact with applicants for units, pursuant
to 24 C.F.R. Part 110. Within thirty (30) days after the
date of entry of this Consent Order, Settling Defendants
shall provide counsel for the United States with photographs
of each office in which rental activity is conducted for the
Apartment Complexes that depict the fair housing posters.
- Settling Defendants have included and shall continue to include the words "Equal Housing Opportunity" or the fair housing logo in all advertising conducted for their
residential rental properties in newspapers, telephone
directories, radio, television or other media, and on all
billboards, signs, pamphlets, brochures and other
promotional literature. The words or logo should be
prominently placed and easily legible. In addition, all
newspaper and radio advertising, subsequent to the date of
entry of this Order shall conform to the provisions of the
Department of Housing and Urban Development ("HUD")
advertising guidelines formerly published at 24 C.F.R. Part
109 (1989).
- Settling Defendants shall include the following language in
the standard rental application and lease used for their
residential rental properties, using letters of equal size
to those of the text in the body of the document:
We are an equal housing opportunity provider.
We do not discriminate on the basis of race,
color, sex, national origin, religion,
handicap or familial status (having children
under age 18).
- NOTIFICATION TO CLASS MEMBERS OF PROPOSED SETTLEMENT
- On May 5, 1998, the Court certified a plaintiff class for
injunctive and declaratory relief only under Fed.R.Civ.P.
23(b)(2) and defined the plaintiff class as "all families
with children who have resided at the Pinewood Terrace
Apartments from March 12, 1989, to the present time, which
shall include all future tenant households consisting of
families with children.
- The parties shall file a joint motion, seeking preliminary
approval of this Consent Order and approval of the Class
Notice, attached hereto as Appendix 6. Within ten (10) days
of the granting of preliminary approval by the Court,
Settling Defendants shall provide class counsel, Brancart &
Brancart, with the names and mailing addresses of all
families with children who currently reside, or who have
pending applications to reside at Pinewood Terrace
Apartments in hardcopy and on computer disk. Within twenty
(20) days of the granting of preliminary approval by the
Court, class counsel shall send the Class Notice by first-class mail, postage prepaid, at its expense, to the
addresses provided by Settling Defendants for all families with children who currently reside, or who have pending
applications to reside, at Pinewood Terrace Apartments. The
Class Notice and the distribution of the Class Notice
pursuant to this paragraph shall constitute adequate notice
of the claims certified by the Court to the class certified
by the Court for purposes of Fed.R.Civ.P. 23(e).
- Persons who receive the Class Notice may object to the
proposed settlement in this Consent Order by mailing written
objection to class counsel no later than forty (40) days
after the granting of preliminary approval by the Court.
- No later than forty-five (45) days from the granting of
preliminary approval by the Court, class counsel shall file
with the Clerk of the Court all documentation demonstrating
that they mailed Class Notice to all families with children
who currently reside, or who have pending applications to
reside, at Pinewood Terrace Apartments in the manner
required above, and all written objections to the proposed
settlement that they have received.
- No earlier than forty-five (45) days from the granting of
preliminary approval by the Court, the Court shall hold a
fairness hearing on the questions of whether this Consent
Order should be approved as fair, reasonable and adequate to
the members of the certified plaintiff class and whether the
plaintiffs' action against Settling Defendants should be
dismissed pursuant to the terms established in the Consent
Order.
- RECORD-KEEPING AND MONITORING
- Beginning thirty (30) days after the date of this Consent Order, Settling Defendants shall preserve and maintain the following records:
- Continue to maintain records showing, at any given time, the units that are occupied and/or rented, the units that are
vacant, and the units on which Settling Defendants have
received notice of an impending vacancy at the Apartment
Complexes;
- A separate file containing applications that record all
persons making application about the availability of units
at the Apartment Complexes. The application shall reflect,
for each such application, if the applicant will provide the
information, the name, current address, telephone number,
the date of application, the age and number of children in
the household, the race and ethnicity of prospective
occupants, the total number of prospective occupants,
preferred unit size, eligibility for Section 8 assistance,
whether accepted for tenancy, lease date (if appropriate),
and reason and date of rejection (if appropriate);
- The daily log of appointments with rental applicants shall
reflect applicants' names, addresses, and telephone numbers
to the extent that the applicants comply with requests for
that identifying information;
- Continue to maintain waiting lists for each of Settling
Defendants' Section 8 mod-rehab and new construction proper-ties in Reno, Nevada; and
- A separate file of rejected rental applications, including
those which are withdrawn or rejected, with attached forms
setting forth the date of withdrawal or rejection and the
reasons for withdrawal or rejection.
For the duration of this Order, Settling Defendants shall permit
the United States, upon reasonable notice, to inspect and copy
any of the records described in this paragraph or any other
documents related specifically to Settling Defendants'
obligations under this Order.
- If Settling Defendants wish to make material changes to the
content or form of the records, or the practices involving
the maintenance of records, identified in the preceding
paragraph, they shall first notify the United States and
provide the United States with a copy of the proposed
changes. If the United States does not deliver objections to
Settling Defendants within twenty (20) days of delivery of
the proposed changes, the changes may take effect. If the
United States does deliver such objections to Settling
Defendants within the twenty (20) day period, the specific
changes may not take effect until the objection is resolved.
- Within six (6) months of the date of entry of this Order,
and every six (6) months thereafter for the period that this
Order is in effect, Settling Defendants shall deliver to counsel for the United States the following documents for
the preceding six (6) months:
- Copies of all employee certifications maintained pursuant to paragraphs 15 and 16 of this Order; and
- Copies of all employee training verifications maintained
pursuant to paragraphs 17, 18 and 19 of this Order.
- During the term of this Order, Settling Defendants shall
advise counsel for the United States in writing within
fifteen (15) days of receipt of any written complaint
against Settling Defendants or any of their employees or
agents regarding housing discrimination, and a description
of the resolution of such complaint. Settling Defendants
shall provide a copy of the complaint. The notice shall
include the full details of the complaint, including the
complainant's name, address, and telephone number. Settling
Defendants also shall promptly provide counsel for the
United States with all information they may request
concerning any such complaint and its actual or attempted
resolution. To effectuate this provision, the Settling
Defendants shall provide tenants at the Apartment Complexes
with a lease addendum, attached hereto as Appendix 7, within
thirty (30) days of the date of entry of this Consent Order.
The lease addendum shall explain that all complaints should
be made in writing and shall include a sample blank
complaint form.
- During the term of this Order, Settling Defendants shall
preserve all business records generated in the regular
course of business which are the source of, contain, or
relate to any of the information pertinent to their
obligations under this Order. In addition, Settling
Defendants shall create an additional record-keeping file,
separate and apart from tenant and employee files,
containing in one place all records reflecting written
tenant complaints about discrimination by management at the
Apartment Complexes. On reasonable notice to counsel for
Settling Defendants, representatives of the United States
shall be permitted to inspect and copy all such records at
any and all reasonable times. Settling Defendants need not
make available any documents that are protected by the
attorney-client privilege.
- Monetary Relief for Plaintiff She Badhorse
- Settling Defendants shall pay Plaintiff She Badhorse and her
minor children, Sierra Badhorse-Foxx and Terrain Badhorse-Foxx, the sum total of Forty-Two Thousand Five Hundred
Dollars ($42,500.00) in settlement of their claims of
discrimination in violation of the Fair Housing Act. Such
payment shall take the form of a cashier's check or money
order payable to the attorney-client trust account of
Brancart & Brancart, delivered on the first day of the month
following thirty (30) days after the date of entry of this
Order. In consideration for the receipt of that sum and the
provisions of the Order, Plaintiff She Badhorse, acting on
behalf of herself and her children, shall execute the mutual
waiver and release of all claims attached hereto as Appendix
1.
- Monetary Relief for Aggrieved Persons
- Settling Defendants shall place in an escrow account with
their counsel Two Hundred Forty Thousand Dollars
($240,000.00) for the purpose of compensating any aggrieved
persons who may have been the victims of the alleged
discriminatory housing practices at the Apartment Complexes.
The money shall constitute an "Aggrieved Persons Settlement
Fund." The money shall be placed in escrow in installments,
according to the following schedule: an initial amount of
Eighty Thousand Dollars ($80,000.00) within 180 days of date
of entry of this Order; an additional Eighty Thousand
Dollars ($80,000.00) within 270 days of the date of entry of
this Order; and a final deposit of Eighty Thousand Dollars
($80,000.00) plus accrued interest within 360 days of the
date of entry of this Order. Simple interest will accrue at
the prime rate, as adjusted from time to time by Wells Fargo
Bank, N.A., starting thirty (30) days after the date of
entry of this Order. Any interest on that escrow account
shall be the property of that fund. Settling Defendants may,
at their option and without penalty, deposit some or all of
the funds required hereunder in advance of the above-stated
deadlines. In the event advance payments are made, Settling
Defendants shall not be required to pay interest on any sums
deposited into the escrow account in advance of the above-stated deadlines.
- Within one hundred twenty (120) days of the date of entry of
this Order, Settling Defendants shall send by first-class
mail, postage prepaid, a copy of the Notice to each current
and former tenant household who resides, or resided, at any
of the Apartment Complexes at any time after March 13, 1989.
The text of the Notice shall be as set forth in Appendix 8,
and sent to the tenant household's last known address.
Settling Defendants shall provide counsel for the United
States with the list of persons and last known addresses
ninety (90) days prior to mailing so that the United States
may verify last known addresses and supplement names and
addresses if they so choose. The United States shall supply
to Settling Defendants any changes to addresses or any
supplemental names and their addresses at least thirty (30)
days prior to mailing the Notice. In addition Settling
Defendants shall provide counsel for the United States with
the final list of persons and last known addresses ten (10)
days after mailing. Nothing in this paragraph shall preclude
the United States from making its own efforts to locate and
provide notice to potential aggrieved persons.
- Allegedly aggrieved persons shall have two hundred ten (210)
days from the date of the entry of this Order to contact the
United States in response to that Notice.
- The United States shall investigate the claims of allegedly
aggrieved persons. Within three hundred sixty-five (365)
days from the date of entry of this Order, the United States
shall determine, based on its investigation, which persons,
who have timely contacted the United States, in the good
faith opinion of the United States, have been victims of the
discriminatory housing practices at the Apartment Complexes,
and shall determine in its sole discretion an appropriate
amount of damages to be paid to each such person, provided
that:
- Payment shall be in the form of a cashier's check;
- No person shall be paid pursuant to this paragraph until
after execution and delivery to counsel for the United
States of a written release of all claims, legal or
equitable, which he, she or a member of his or her family
might have against Settling Defendants and Lee Burke
relating to the claims asserted in this lawsuit. The text of
the release is attached hereto as Appendix 9;
- No person shall be paid pursuant to this paragraph until he
or she has submitted a sworn declaration setting forth the
factual basis of the claim;
- No person shall be paid pursuant to this Paragraph until the
United States has provided a copy of the person's sworn
declaration to Settling Defendants. Within ten (10) business
days following the submission of a sworn declaration,
Settling Defendants may provide any documents or information
that they believe may refute the claim to the United States.
- No person shall be paid under the terms of this Consent
Order any sum of money under Paragraph 37 for an act of
discrimination claimed to have occurred prior to March 13,
1989, or after the date of the entry of this Consent Order.
- Within 365 days from the date of entry of this Order, the
United States shall notify Settling Defendants in writing of
its determinations. Within thirty (30) days after receiving
that written notification, Settling Defendants shall
deliver, or cause their counsel to issue from its trust
account and deliver, to counsel for the United States checks
to the aggrieved persons payable as directed by the United
States; but in no event shall the aggregate of all such
checks exceed the sum of Two Hundred Forty Thousand Dollars
($240,000.00) plus accrued interest. Counsel for the United
States shall not forward an aggrieved person's check to that
person until the United States has received that person's
executed release of claims and delivered it to counsel for
Settling Defendants.
In the event that the United States distributes less than
$240,000 plus accrued interest to aggrieved persons,
Settling Defendants shall cause their counsel to pay from
its trust account the difference between the amount actually
distributed and the $240,000 plus accrued interest Aggrieved
Persons Settlement Fund to fair housing organizations in
Reno, Nevada, selected by the United States.
- Attorneys' Fees
- Within thirty (30) days from the date of entry of this Order, Settling Defendants shall pay the sum of One Hundred Thousand Dollars ($100,000.00) in full and final settlement
of all attorneys fees and costs claimed by Plaintiff She
Badhorse's counsel.
- The Settling Defendants and the United States shall bear their own respective attorneys' fees and costs incurred in
this case.
- PAYMENT TO THE UNITED STATES
- Within thirty (30) days from the date of entry of this
Order, Settling Defendants, jointly and severally, shall pay
the sum of Fifteen Thousand Dollars ($15,000.00) to the
United States pursuant to 42 U.S.C. §3614(d). The payment
shall be made by check payable to the United States and
shall be delivered to counsel for the United States.
- This case is dismissed with prejudice as to the Settling Defendants only, except that the Court shall retain jurisdiction for the duration of the Consent Order to
enforce the terms of this Consent Order. Mitch Dugan and
Sherman Clark will be dismissed upon their execution of
mutual releases and waivers.
- The parties to this Consent Order shall endeavor in good faith to resolve informally any differences regarding
interpretation of and compliance with this Order, prior to
bringing such matters to the Court for resolution. However,
in the event of an alleged failure by Settling Defendants to
perform in a timely manner any act required by this Consent
Order or otherwise to act in violation of any provision
thereof, after notice to and consultation with the Settling
Defendants, the United States or Plaintiff She Badhorse may
move this Court to impose any remedy authorized by law or
equity, including, but not limited to, an order requiring
performance of such act or deeming such act to have been
performed, and an award of any damages, costs, and
reasonable attorneys' fees which may have been occasioned by
the violation or failure to perform.
Edward C Reed
UNITED STATES DISTRICT JUDGE
DATED: March 8, 1999
For Plaintiff United States:
Bill Lann Lee
Acting Assistant Attorney General
Brian F. Heffernan
Deputy Chief
Lars T. Waldorf
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 307-3802
Kathryn E. Landreth
United States Attorney
Steven W. Myhre
Assistant United States Attorney
701 East Bridger Avenue
Suite 800
Las Vegas, NV 89101
(702) 388-6336
For Plaintiff Jacquelyn She Badhorse:
Christopher Brancart
BRANCART & BRANCART
1831 Pescadero Road
P.O. Box 686
Pescadero, CA 94060
(415) 879-0141
Ian E. Silverberg
Attorney at Law
96 Winter Street
Reno, NV 89503
(702) 322-7422
For Settling Defendants:
James W. Hardesty, Esq.
Hardesty, Bader & Ryan, Ltd.
245 East Liberty Street
Suite 300
Reno, Nevada 89501
(702) 322-5000
APPENDIX 1
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE is made and entered
into this ___________ day of _____________, 199__, by and between
JACQUELYN SHE BADHORSE and SIERRA BADHORSE FOXX and TERRAIN
BADHORSE FOXX, minors by their guardian ad litem, Jacquelyn She
Badhorse (hereinafter collectively referred to as "Badhorse") and
ROBERT F. NIELSEN, DENNIS JOHNSON, SHELTER PROPERTIES, INC.,
MANAGE, INC., NEWLANDS REALTY, INC., PINEWOOD ASSOCIATES, LTD.,
BIRCH ASSOCIATES LIMITED PARTNERSHIP, LINDEN HOUSING ASSOCIATES,
LTD., WILLOW CREEK HOUSING ASSOCIATES, LTD., SUTRO ASSOCIATES and
FRANKLIN CHURCHILL ASSOCIATES (hereinafter sometimes collectively
referred to as the "Settling Defendants").
RECITALS:
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE is intended to
effect the full, complete and absolute extinguishment of all
obligations, rights and claims as hereinafter described:
- Disputes and differences have arisen between Badhorse and the Settling Defendants which resulted in the filing on
January 26, 1998, of an amended Complaint in the United
States District Court, for the District of Nevada, under
Case Nos. CV-N-95-784-ECR (BASE) and CV-N-96-00370-ECR,
entitled "Jacquelyn She Badhorse; SIERRA BADHORSEFOXX,
minor, by her guardian ad litem, Jacquelyn She Badhorse; and
TERRAIN BADHORSE-FOXX, minor, by his guardian ad litem,
Jacquelyn She Badhorse, individually and on behalf of
individuals similarly situated, Plaintiffs, vs. Pinewood
Associates, Ltd.; Birch Associates Limited Partnership;
Linden Housing Associates, Ltd.; Willow Creek Housing
Associates, Ltd.; Sutro Associates; Franklin Churchill
Associates; Shelter Properties, Inc.; Manage, Inc.; Newlands
Realty, Inc.; Robert Nielsen; Mitch Dugan; Sherman Clark;
Lee Burke; Dennis Johnson and J. Michael Queenan,
Defendants".
- Badhorse and the Settling Defendants have agreed to execute
this Settlement Agreement and Mutual Release (the
"Agreement") in settlement of said disputes, differences and
litigation in accordance with the terms of this Agreement.
NOW, THEREFORE, THE PARTIEES HERETO AGREE AS FOLLOWS:
- FOR AND IN CONSEDERATION of the execution of this Agreement,
Jacquelyn She Badhorse on behalf of herself and her
children, on the one hand, and the Settling Defendants, on
the other, do hereby release, acquit and forever discharge
the other, and each, every and all of their officers,
partners, insurers, agents, attorneys, employees,
representatives, assigns and successors-in-interest, of and
from any and all alleged discrimination on the basis of
race, color national origin and/or familial status that may
have occurred at the Pinewood Terrace Apartments from March
13, 1989, to the date of entry of the Consent Order, arising
out of or relating to or out of those certain incidents
described and more fully set forth in the litigation
referred to hereinabove, which claims are hereby forever and
completely released, discharged and acquitted, subject to
the terms of the Consent Order entered in the Action. IN
ADDITION, FOR AND IN CONSIDERATION of the execution of this
Agreement, Jacquelyn She Badhorse, as class representative
on behalf of the class and claims certified by the District
Court only, on the one hand, and the Settling Defendants, on
the other, do hereby release, acquit and forever discharge
the other, and each, every and all of their officers,
partners, insurers, agents, attorneys, employees,
representatives, assigns and successors-in-interest, of and
from any and all alleged discrimination on the basis of
familial status that may have occurred at the Pinewood
Terrace Apartments from March 13, 1989, to the date of entry
of the Consent Order, arising out of or relating to or out
of those certain incidents described and more fully set
forth in the litigation referred to hereinabove, which
claims are hereby forever and completely released,
discharged and acquitted, subject to the terms of the
Consent Order entered in the Action.
- In making this Agreement, it is understood and agreed that
the parties specifically warrant and represent that in so
doing, they have been fully advised and represented by legal
counsel of their own selection, and they are fully familiar
with all of the circumstances surrounding the aforementioned
incidents, and in executing this Agreement, do so relying
wholly upon their own judgment and advice of counsel of
their own independent selection, and that they have been in
no manner influenced whatsoever in making this Agreement by
any representation or statement whatsoever regarding the
matters set forth herein, or any other matter made by any
person, individual, or corporation, or any agent, employee,
or servant thereof, who is hereby released, or by any
persons or attorney representing any of them.
- It is understood that this settlement is a compromise of a
doubtful and disputed claim, and that the consideration
between the parties in this Agreement is not to be construed
as any admission or acknowledgment of liability or
responsibility whatsoever on the part of any individual,
person or corporation, or agent, employee or representative
thereof, herein released, by each of whom all liability or
responsibility is expressly denied.
- This Agreement contains the entire agreement between the
parties hereto, and the terms of this Agreement are
contractual and not a mere recital. The parties further
declare that this entire Agreement has been carefully read,
that the contents thereof are fully known and understood,
that the same is signed as the free and voluntary act of the
parties, and that it is their express intention to waive,
release and discharge any and all claims or causes of action
of whatsoever character against the said parties heretofore
defined and delineated, and each, every and all of their
agents, employees, representatives, successors and assigns,
and to be fully and legally bound thereby.
- Badhorse and the Settling Defendants authorize their counsel
to execute and file with the Court a Motion to Approve
Consent Order and Dismissal With Prejudice of the above-referenced litigation, with each party to bear their own
attorney's fees and costs of suit incurred in said action.
IN WITNESS WHEREOF, the parties hereto execute this SETTLEMENT
AGREEMENT AND MUTUAL RELEASE at Reno, Nevada, on the day and year
first above written.
"Badhorse"
Jacquelyn She Badhorse, individually
Jacquelyn She Badhorse, as Guardian ad Litem for Sierra Badhorse
Foxx
Jacquelen She Badhorse, as Guardian ad Litem for Terrain Badhorse
Foxx
"Settling Defendants"
Robert F. Nielsen
Dennis Johnson
SHELTER PROPERTIES, INC.
NEWLANDS REALTY, INC
PINEWOOD ASSOCIATES, LTD.
BIRCH ASSOCIATES LIMITED PARTNERSHIP
LINDEN HOUSING ASSOCIATES, LTD.
WILLOW CREEK HOUSING ASSOCIATES, LTD.
SUTRO ASSOCIATES
FRANKLIN CHURCHILL ASSOCIATES
Approved as to Form and Content:
BRANCART & BRANCART
Christopher Brancart
1831 Pescadero Road
P.O. Box 686
Pescadero, CA 94060
Attorneys for Badhorse
HARDESTY, BADER & RYAN, LTD.
Wes W. Hardesty
245 E. Liberty Street, Suite 300
Reno, NV 89501
Attorneys for Robert F. Nielsen, Dennis Johnson, Shelter
Properties, Inc., Manage, Inc., Newlands Realty, Inc., Pinewood
Associates, Ltd., Birch Associates Limited Partnership, Linden
Housing Associates, Ltd., Willow Creek Housing Associates, Ltd.,
Sutro Associates and Franklin Churchill Associates
APPENDIX 2
FAIR HOUSING POLICY FOR ________________________(Name of Apartment Complex)
It is illegal to discriminate against any rental applicant or
tenant based on the following protected categories: race, color,
religion, sex, handicap, national origin, or familial status
(having children under the age of 18).
Employees and agents shall NOT:
- Discriminate by refusing to rent or denying an apartment to
a qualified applicant because the applicant is a member of a
protected category.
- Discriminate against any person in the terms or conditions
of renting an apartment, or in the provision of services or
facilities.
- Make any statement with respect to rental of an apartment
that indicates preference, limitation or discrimination.
- Refuse to renew a lease or evict a resident because of
membership in a protected class.
Any discrimination shall result in discipline up to and including
termination.
APPENDIX 3
EMPLOYEE FAIR HOUSING ACKNOWLEDGEMENT FORM
I hereby acknowledge that I have received, read and understand my
employer's Fair Housing Policy, which makes clear that my
employer adheres to a policy of nondiscrimination and equal
housing opportunity. I also have received a copy of the Consent
Order entered in United States, et al. v. Pinewood Associates,
Ltd., et al.
I agree to act in accordance with my employer's Fair Housing
Policy and that Consent Order. I understand that I should not
discriminate against any person in any aspect of the rental of
apartment units on the basis of that person's race, color,
national origin, religion, sex, handicap or familial status. I
understand that if I do discriminate, I will be subject to
dismissal or other disciplinary action by my employer.
I have been informed by my employer that it will not reprimand me
for providing information to any law enforcement agency
(including the Department of Justice, Civil Rights Division,
Housing and Civil Enforcement Section, P.O. Box 65598,
Washington, D.C., 200355998, telephone number 202-514-4713) or
any government official regarding my employer's compliance with
the Fair Housing Act and/or the Consent Order.
________________________________
Signature of Employee
________________________________
Name of Employee (Print)
________________________________
Name of Employer(s)
________________________________
Employee's Job Position or Title
APPENDIX 4
TENANT LETTER
Dear Tenant:
On __________________, 199__ the United States District Court,
for the District of Nevada, entered a Consent Order resolving a
lawsuit brought by the United States Department of Justice and
Private Plaintiffs against the owners of your apartment complex.
The lawsuit alleged that Defendants discriminated against
families with children under the age of 18 and, in some cases,
against non-white persons. We deny all of those allegations, but
in the interests of cost and time, the parties decided to resolve
the case without a trial.
By the terms of the Consent Order, the owners of your apartment
complex have agreed to an injunction that will prohibit:
- Refusing to rent a dwelling, refusing or failing to provide
or offer information about a dwelling or otherwise making
unavailable or denying a dwelling unit to any person because
of the person's race, color, national origin or familial
status;
- Discriminating against any person in the terms, conditions
or privileges of rental of dwellings, or in the provision of
services or facilities in connection therewith, because of
that person's race, color, national original or familial
status;
- Making, printing, publishing, or causing to be made, printed
or published any notice, statement or advertisement with
respect to the rental of a dwelling that states any
preference, limitation or discrimination based on race,
color, national origin or familial status; and
- Misrepresenting to any person that any dwelling unit is not
available for rental when such dwelling unit is so available
because of that person's race, color, national origin or
familial status.
We have also agreed to publish new rules, most of which are the
same as currently in existence. A copy of the new rules with the
few changes made as a result of the Consent Order are enclosed
for your information. The September 1996 Rules have been changed
by:
- Deleting Rule 12, on page 4, which provided, "Lawns and areas with shrubbery are NOT to be used as walkways";
- Deleting Rule 2, on page 5, which provided, "SKATEBOARD RIDING AND SKATING IS NOT ALLOWED WITH THE PROPERTY!";
- Deleting Rule 4, on page 5, which provided, "For everyone's
safety, NO ONE IS ALLOWED TO RUN OR CAUSE OBSTRUCTION IN OR
AROUND THE STAIRWELLS, PASSAGEWAYS, OR LANDINGS, AT ANY TIME";
- Changing Rule 3, on page 5, to read, "ALL MOTORIZED VEHICLES ARE RESTRICTED TO PARKING LOTS AND ROADWAYS!"; and
- Changing former Rule 4, on page 5, by deleting a sentence that
said, "Food is allowed in designated barbecue areas and must be
consumed only in these areas. "
In all other respects, the Rules and Regulations dated September
1996 remain the same.
Our employees have been provided a copy of our Fair Housing
Policy and will be required to follow its provisions. We have
also made arrangements to continue the training of our employees
concerning our Fair Housing Policy, a copy of which is attached,
and the Federal Fair Housing Act.
We intend to conduct a tenant/management meeting at the apartment
complex on ___________________, __________, to discuss the Fair
Housing Policy and the revised Tenant Rules and Regulations and
to answer any questions you may have with regard to either one.
We encourage your attendance at the meeting. Should you have a
complaint concerning discrimination, we request that you submit
it to the manager, in writing, using the complaint form, a copy
of which is attached. Every effort will be made to fully
investigate any complaints of discrimination within the apartment
complex.
The owner of your apartment complex, along with the owners of
five other apartment complexes, have created a Settlement Fund
with the United States Department of Justice for the purpose of
compensating any person who may have been the victim of alleged
discriminatory housing practices at the apartment complexes. You
may anticipate receiving a notice concerning your right to
participate in the Settlement Fund through a separate mailing. If
you have any questions regarding that notice, please feel free to
contact us. If you believe you have a claim, you must submit it
to the United States Department of Justice at the address
identified in that notice. The United States will then make all
determinations, in their sole discretion, concerning your right
to participate in the Settlement Fund. We have no right to
determine the payment of any claims under that fund. Should you
receive payment from that fund, you must execute a release of any
claim for discrimination against the owners of the apartment
complex and a sworn declaration describing the factual basis of
your claim.
Sincerely,
APPENDIX 5
PINEWOOD TERRACE APARTMENTS
RULES & REGULATIONS
ATTACHMENT TO LEASE
Dear Resident:
The following is a guide for you concerning our community
and its standards. By its very nature, apartment living requires
consideration and cooperation on the part of all who live here.
As these rules and regulations are part of your Lease
Agreement, they also require you to be responsible for some basic
obligations. The Management reserves the right to amend these
rules and regulations from time to time when such amendments are
deemed appropriate or desirable to better provide for the
interests of both the residents and the owners of this property.
It is our wish that you enjoy your residency here. If there
is anything we may do to assist you, please let us know.
OFFICE HOURS:
- OFFICE HOURS ARE AM TO PM. MONDAY THROUGH FRIDAY Please note that the Management Office is NOT responsible
for the delivery of mail, messages, packages, nor for lost or
missing articles.
RENT:
- RENT IS DUE AND PAYABLE ON THE FIRST DAY OF EACH AND EVERY MONTH. Payment is to be in the form of a check, money order or
cashiers check. Please, no cash!! Rent must be paid in the
management office during regular office hours.
- Rent is considered to be late if not paid before 5:00 PM on
the fifth calendar day of each month. After 5:00 PM on the
fifth day, a LATE CHARGE OF $10.00 will be assessed to your
current months rent.
- If the fifth is on Saturday, Sunday or a holiday, when the
office is closed, your payment may be deposited in the drop
slot at the manager's office. If your payment is in the drop
box the morning of the next business day, following the week
end or holiday, your rent will NOT be considered late.
- A $20.00 Service fee will be charged for any check which is
returned by the bank. Any returned check must be redeemed
within three (3) days and a late charge of $10.00 will be
applied.
KEYS/LOCKOUTS:
- Residents are provided with entry keys, which are to be
returned upon vacating the apartment. If the keys are not
returned, a charge will be assessed for re-keying the
apartment door.
- New keys will be made to replace any lost keys at a charge
of $3.00 per key. No exceptions.
- Management shall retain a pass key to the premises.
Residents SHALL NOT ALTER ANY LOCK OR INSTALL A NEW LOCK on
any door without written consent from the Management Office.
- THE MANAGEMENT IS NOT RESPONSIBLE FOR THE OPENING OF
APARTMENT DOORS - AT ANY TIME. Because you may have lost or
misplaced your key, or have locked yourself out of your
apartment, we are not responsible to let you into your unit.
We will work with you during regular office hours, however,
we may also charge for repeated requests from the same
apartment (the cost will be that of replacing a key stated
in 2. above, i.e.. $3.00.) Should you need assistance after
office hours, or on weekends or holidays, the services of a
locksmith must be obtained at the resident's expense.
PETS:
- NO PETS OR ANIMALS OF ANY KIND shall be kept within your
apartment nor on the premises. Pets or animals owned by your
visitors are NOT permitted on the premises.
VEHICLES AND PARKING:
- The SPEED LIMIT for driveways and parking areas SHALL NOT EXCEED 5 MPH.
- PARKING SPACES WITHIN THE PROPERTY ARE FOR RESIDENTS ONLY
and by PARKING PERMIT ONLY. Vehicles parked illegally may be
booted and/or towed at the owners expense. Visitors MUST
park on the street, or in designated "VISITOR" parking
spaces if they are available.
- DO NOT BACK INTO PARKING SPACES. All vehicles must be parked
with the front facing the parking stall.
- All parking areas may be patrolled by a booting/tow service.
Any vehicle found on the premises without a valid parking
permit and/or parked illegally (including fire lanes and "no
parking" areas) will be booted and/or towed. THERE WILL BE
NO EXCEPTIONS. It will be your responsibility to inform your
visitors about our parking regulations.
- Visitors staying more than 24 hours must register their
vehicle in the Management Office and obtain a temporary
parking permit, or the vehicle may be booted and/or towed at
the owner's expense.
- Unregistered (including expired registrations), uninsured,
inoperative, or derelict vehicles may not be kept on the
premises. Such vehicles will be towed and/or booted at the
owners expense. NO SERVICING, MAINTENANCE OR REPAIR WORK on
vehicles is permitted on the premises at any time.
- Excessive oil loss or spillage is damaging to the asphalt
and must be removed immediately.
- Management is NOT responsible for any vehicle or its
contents. It is advisable to keep your vehicle locked at ail
times.
MAINTENANCE:
- ALL maintenance problems must be reported to the Management Office before any repairs can or will be made.
- NO RESIDENT SHALL BE ALLOWED TO LIVE IN ANY APARTMENT
WITHOUT ALL UTILITIES (ELECTRICITY/GAS) ON AND OPERATIONAL
AND IN THEIR NAME.
- Trash dumpsters are provided for use by all residents. All
trash must be put into these dumpsters - make sure it goes
INTO the dumpster! Boxes must be broken down before being
put into a dumpster. Discarded furniture is the
responsibility of the Resident, and must be removed from the
property. Personal trash may NOT be discarded in LAUNDRY
ROOMS. Any vehicles blocking trash dumpsters will be towed
at the owner's expense and the owner will be charged $100.00
for the additional trash pickup required. TRASH IN BAGS 0R
RECEPTACLES MAY NOT BE LEFT OUTSIDE YOUR ENTRY DOOR.
- Please pay particular attention to how your windows appear
from the outside. DO NOT replace furnished window coverings
or attach aluminum foil (or any other type of covering) to
the windows.
- Fire Department regulations forbid the blocking of doorways,
hallways, or stairs with any objects. Also, SMOKE DETECTORS
are installed for your protection. In units with battery
powered detectors, residents are responsible to insure that
the batteries are "good", to keep them activated and to
report any problems to management IMMEDIATELY.
- If your apartment is equipped with a gas furnace, a Carbon
Monoxide Gas Sensor may also have been installed. it is the
resident's responsibility to be sure the sensor remains
operational, and to report any problems to management
immediately. This sensor will be checked at every apartment
inspection. If the sensor is either damaged or missing, the
resident will be charged the full cost of replacement. IF
THE ALARM SOUNDS, PLEASE VACATE THE APARTMENT IMMEDIATELY,
and tell management as soon as possible so that the cause of
the alarm can be determined and corrected.
- For cleaning showers tubs, please use only those cleaners
specifically designed for use on fiberglass.
- DO NOT DISPOSE of cooking grease down kitchen or bathroom
drains. Pour it into a metal container and then put it into
the trash dumpster.
- All appliances, furnaces, fixtures and equipment are to be
used and maintained in a sanitary and safe manner and only
for the purposes for which they are intended.
- All door mats are to be of a type which can be hosed off and
which will not stain the cement. Pieces of carpet are not to
be used as door mats.
- All residents are responsible for the appearance of the
exterior of doors, windows, on the deck side of your
apartment and porch areas. These areas are to be kept clean
at all times.
GENERAL CONDITIONS:
- Residents are held solely responsible for the conduct and action of their household members, and are financially
responsible for any damage caused to buildings, windows,
concrete, walkways, trees, shrubs, etc. by their household
members, or any guest or visitor.
- USE OF THE LAUNDRY ROOM IS LIMITED TO THOSE LIVING IN THE
PROPERTY AND ANY OTHER USE IS PROHIBITED. Laundry or other
articles may not be hung on the exterior of the premises.
Fully equipped laundry rooms are provided for all laundry
needs. Hours are _______ a.m. to ______ p.m. Please keep the
laundry room doors closed and please keep the room in a
clean and orderly manner. WASHERS AND DRYERS ARE NOT ALLOWED
WITHIN INDIVIDUAL APARTMENTS UNLESS APPROPRIATE HOOK-UP's
ARE PROVIDED IN THE UNIT DESIGN.
- ALL MOTORIZED VEHICLES ARE RESTRICTED TO PARKING LOTS AND
ROADWAYS!
- No barbecues or cooking of any sort shall be allowed on the
exterior of the premises, unless Management has designated
specific areas for that purpose. On some properties gas
barbecues ONLY are allowed on unit balconies or patios. NO
GLASS CONTAINERS AT ANY TIME.
- Waterbeds are NOT permitted on the premises without written approval from the Management and a copy of your WATERBED
INSURANCE coverage is submitted to the Management Office.
- Residents are urged to obtain renters insurance to cover
your personal belongings. Resident's property is not insured
by any policies obtained by the management or owners.
- No satellite dishes nor any telephone, radio or television
antennas or wires shall be erected or attached to any part
of the exterior of the premises.
- SHOPPING CARTS ARE NOT TO BE BROUGHT ONTO THE PREMISES.
- SUBLETTING/RENTING ANY PART OF YOUR UNIT IS NOT ALLOWED.
Only the individuals that have been approved and actually
are listed on the lease can live in the unit.
- Your rental unit can only be used as a residence. You cannot
operate a business of any kind from or in your unit without
prior written approval. You must not allow any person to
receive mail at your unit, use your address to, register
vehicles, or use the unit for any other, purposes unless
they are your household members living in your unit.
- You must allow management and, if applicable, the Housing
Authority to inspect your unit upon receipt of reasonable
notice.
- Your lease is binding for a ______ period. It can only be
canceled if:
- You violate the lease terms, or
- You obtain from management a written consent to allow you to
move before your lease expires.
- You, your household member(s) and visitor(s)CANNOT engage in any DRUG RELATED criminal activity, violent criminal activity, and/or criminal activity that threatens the
health, safety, or riots to peaceful enjoyment of the
residents living in the apartment community. You must not
allow your household members or visitors to engage in any of
the above listed criminal activities as well. (see UNLAWFUL
ACTIVITIES.)
- Any articles affixed to or driven into the woodwork, walls,
floors, or ceilings of the premises shall be the sole
responsibility of the resident, and the resident shall be
liable for any repairs necessary during and/or after
residency to restore the premises to its original condition.
Items of a permanent nature installed on the premises shall
become part of the realty of the Owner. Management approval
must be obtained prior to the removal of any such item or
material.
- REMINDER TO ALL RESIDENTS: If you are residing in a Tax
Credit, USDA (Farm Home), HUD, or other restricted income
program property, you MUST report any changes in your
household size (increase or decrease) and/or income to your
manager. If you are an "ASSISTED HOUSING" resident, these
changes MUST ALSO BE REPORTED TO YOUR HOUSING AUTHORITY, if
applicable. Income includes ALL employment earnings,
welfare, social security, lottery winnings, lump sum
payments, etc. Failure to comply with this requirement
within 10 days may result in back payments of rent and
possibly the loss of any assistance you may be receiving.
NOTICE TO VACATE:
- Resident must give the Managernent Office thirty (30) days written notice before moving from the unit.
REMINDER (IF APPLICABLE): IT IS THE RESIDENT'S RESPONSIBILITY TO
NOTIFY THE HOUSING AUTHORITY OF INTENT TO VACATE. The HOUSING
AUTHORITY ALSO REQUIRES 30 DAY NOTICE.
NOISE:
Resident agrees not to allow on his premises any excessive noise
or other activity which materially disturbs the peace and quiet
of other residents in the building or on property.
VISITORS:
-
- Each resident is responsible for the behavior of each and every one of their visitors, regardless of age.
- Visitors are responsible for the observance of all of the
lease Rules and the Rules and Regulations herein.
- Residents will be held financially responsible for any
damages caused by their visitors.
- Resident's visitors are always welcome. Any visitor staying
48 hours or longer is required to register with the
management office. However, prolonged and/or habitual stays
by any one specific individual not listed on the lease as a
resident will be limited to ten (10) days during the
resident's lease year. Exceptions to this rule will be made
in writing by Management only. The resident requesting this
exception must submit the request in writing to the
Management Office. The request must contain the name of the
person visiting, the relationship of this person to the
resident, the length of the stay, and the reason for the
prolonged visit. Management will then review the request and
respond in writing.
- The following is the procedure for giving permission to
anyone allowed to enter your apartment when you are not at
home ......
- You must submit to Management, in writing, a list of names of those who have permission to be in or be let into your
apartment while you are not at home.
- Anyone on the list MUST come into the office and show their
I.D. so management can let them into the apartment. This is
the only way anyone will be allowed to enter your apartment
while you are not at home. This is for your protection, as
well as for the protection of the owners' property.
- If you have given someone a key to your apartment,
Management MUST BE INFORMED of the person holding the key in
the same manner as stated above. This must also be submitted
to the office in writing. AND the person holding the key
must come to the office so that we may photocopy his/her
picture I.D.
- No visitor shall make forcible entry into anyone's apartment
by removing screens and entering through the windows or by
damaging door locks to make entry.
Unlawful activities:
The resident agrees to comply with all of the provisions of the
"LEASE ADDENDUM FOR DRUG FREE HOUSING"
FAILURE TO FOLLOW THE RULES & REGULATIONS AND VISITORS PROCEDURES ABOVE WILL SERIOUSLY JEOPARDIZE YOUR HOUSING AND ANY ASSISTANCE YOU MAY BE RECEIVING.
***************************************
I/We have read the above RULES AND REGULATIONS. I(We understand
them and agree to abide by them. It is agreed and understood that
if I/we do not comply by The Rules and Regulations, I/we may
receive a Five (5) Day Notice to Quit For Failure to Perform
Conditions of Rental Agreement, or Waste, Unlawful Business or
Nuisance.
_________________________
Resident Signature
_________________________
Apartment No.
_________________________
Co-Resident Signature
_________________________
Date
_________________________
Manager Signature
_________________________
Date
APPENDIX 6
NOTICE OF PENDENCY OF CLASS ACTION
AND NOTICE OF PROPOSED SETTLEMENT THEREOF
To Potential Class Members:
There are two lawsuits presently pending in the United
States District Court for the District of Nevada regarding the
operation of Pinewood Terrace Apartments located at 1425-1485
Evelyn Way and 1500-1550 Riley Avenue in Reno, Nevada. The first
lawsuit is entitled United States of America v. Pinewood
Associates, Ltd., et al., case number CV-N-00784-ECR. The second
lawsuit is entitled Jacquelyn She Badhorse v. Pinewood
Associates, Ltd., et al., case number CV-N-96-00370. These cases
have been consolidated for purposes of trial or settlement.
These two lawsuits are based in part upon allegations by
both the private and governmental plaintiffs that the owners and
operators of Pinewood Terrace Apartments discriminated against
families with children in the publication and enforcement of
certain tenant rules. The owners and operators of Pinewood
Terrace Apartments have denied the truth of all of the
allegations made by the plaintiffs in both suits.
The lawsuit entitled Jacquelyn She Badhorse v. Pinewood
Associates, Ltd., et al. has been certified as a class action to
obtain injunctive and declaratory relief on behalf of "all
families with children who have resided at Pinewood Terrace
Apartments from March 12, 1989 to the present time, which shall
include all future tenant households consisting of families with
children." Injunctive relief is, for example, obtaining an order
from the court that the defendants in a case are not allowed to
discriminate in the future. Declaratory relief is, for example,
obtaining an order from the Court stating that the defendants
have discriminated against the plaintiffs. The Jacquelyn She
Badhorse v. Pinewood Associates, Ltd., et al. lawsuit was not
certified as a class action by the court to obtain money damages
on behalf of the class members, but only for injunctive and
declaratory relief. However, as a material part of the
settlement, a Settlement Fund has been created with the United
States Department of Justice. The purpose of the Settlement Fund
is to compensate you if you claim to have been damaged as a
result of the events alleged in the lawsuit.
A settlement of the above-referenced lawsuits has been filed
with the Court for approval. The settlement contains terms of
injunctive relief in which the owners and operators of Pinewood
Terrace Apartments agree:
- not to discriminate on the basis of familial status in the operation of Pinewood Terrace Apartments;
- to revise the tenant rules and regulations to ensure
nondiscrimination toward families with children at Pinewood
Terrace Apartments;
- to train their employees and agents regarding the
requirements of fair housing law; and
- to comply with other recordkeeping, monitoring and
notification procedures.
The settling defendants have also agreed to pay the
attorneys' fees for the private plaintiffs' attorneys.
A copy of the proposed Consent Order, which is the most
complete statement of the settlement, is available for
examination by persons who may be members of the plaintiff class,
or their designated counsel, in the Office of the Clerk, United
States District Court, United States Courthouse, 400 South
Virginia Street, Room 300, Reno, Nevada, Monday through Friday,
between the hours of 9:00 a.m. and 4:00 p.m., legal holidays
excepted. If the Consent Order is finally approved after the
court considers any objections, all claims of class members will
be finally settled and compromised.
The Court will hold a hearing concerning final approval of
the settlement and Consent Order on __________________, 1999, at
__________________.
If you are a member of a family with children either
residing at Pinewood Terrace Apartments or who has an application
for tenancy currently pending at Pinewood Terrace Apartments, you
may be a member of the plaintiff class in the Badhorse suit. As a
possible class member, you have two possible course of action
available:
- You may decide to take no action. If you choose to do this,
you will be included in the class. If the Court approves the
proposed settlement you will not be able to bring any
further action for injunctive or declaratory relief against
the owners and operators of Pinewood Terrace Apartments
based on past acts of discrimination against families with
children as raised in the complaint filed by the private
plaintiffs herein. As a class member, you may enjoy the
prospective benefits of the Consent Order, including the
injunctive relief.
- You may come forward as a member of the class and object to
this settlement if you believe that it is not fair to the
class. An objection with respect to the lack of money relief
would not be appropriate because the court did not certify
the plaintiff class for monetary relief. You may present the
objections yourself or through an attorney of your own
choosing by mailing written objection to class counsel at
the following address:
Brancart & Brancart
P.O. Box 686
Pescadero, California 94060
Attention: Christopher Brancart
Telephone: (650) 879-0141
All objections must be made in writing and sent by first
class mail and received by class counsel not later than
___________, 1999.
As discussed above, the court did not certify the plaintiff
class for purposes of an award of money damages, but only for
injunctive and declaratory relief. Nonetheless, you may be
eligible to receive an award of money damages through a
settlement fund that will be administered by the United States
Department of Justice. Specifically, if you are a current or
former tenant of Pinewood Terrace Apartments, you will be
receiving by ____________________, 1999, a separate notice from
the owners of Pinewood Terrace Apartments regarding who may be
eligible for possible monetary recovery and the procedure for
making a claim.
The separate notice will tell you that if you believe you
have a claim for money damages, you may contact the United States
Department of Justice at 1-800-896-7743, or that you may write
to:
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, D.C. 20035-5998
The United States will investigate claims made within 210
days from the date of entry of the Consent Order. The United
States will have the sole discretion to determine the amount of
damages, if any, paid to any claimant. You will be required to
provide to the United States with a sworn declaration of the
factual basis for your claim and any documents that may support
your claim. You will be required as a condition of receiving
payment for your claim to sign a release of any claim you may
have against the owners and operators of Pinewood Terrace
Apartments.
APPENDIX 7
LEASE ADDENDUM
HOUSING DISCRIMINATION COMPLAINTS
In consideration of the execution or renewal of a Lease of
the dwelling unit located at:
____________________________________, and identified in the
Lease, Landlord and Tenant agree as follows:
- Tenant agrees that all complaints concerning housing
discrimination shall be made in writing to the Landlord in
the form attached hereto. All such complaints shall include
full details of the complaint, including the complainant's
name, address and telephone number, any witnesses and a
factual explanation of the complaint.
- In the case of conflict between the provisions of this
Addendum and any other provisions of the Lease, the
provisions of this Addendum shall govern.
- This Lease Addendum is incorporated into the Lease executed
or renewed on ___________________, between Landlord and
Tenant.
TENANT: _____________________
DATE:________________________
LANDLORD:____________________
DATE:________________________
APPENDIX 8
NOTICE TO POTENTIAL VICTIMS OF DISCRIMINATION
On ________________, 1999, the United States District Court
for the District of Nevada entered a Consent Order resolving a
lawsuit brought by the United States Department of Justice and
private plaintiffs against the owners and managers of the
following apartment complexes:
- Pinewood Terrace Apartments (1450 -1455 Evelyn Way; 1500 - 1550 Riley Avenue)
- Reno Apartments (2300 Wedekind Road, 2181-2187 & 2280-2430
Patton Court; 1450-1452 Riley Avenue)
- Willow Creek Apartments (402, 404 Linden Street)
- Linden Apartments (400, 406, 408, 410 Linden Street)
- Sutro Apartments (2400, 2410, 2420, 2450 Sutro)
- Churchill Village Apartments (650 N. Main Street, Fallon,
Nevada)
The lawsuit alleged that defendants committed housing
discrimination at those 6 apartment complexes. Defendants deny
all of those allegations. The parties decided to resolve this
case without a trial.
Under the Consent Order, you may be entitled to receive
monetary relief if you applied for, asked about renting, or
rented an apartment at any one of these 6 apartment complexes, at
any time after March 13, 1989, and;
- You were denied an opportunity to live there because of your
race, color, national origin, or familial status (having
children under age eighteen) or that of someone who would be
living with you; or
- You were falsely told that no apartments were available
because of your race, color, national origin, or familial
status (having children under age eighteen) or that of
someone who would be living with you; or
- You were treated differently from other tenants because of
your race, color, national origin, or familial status
(having children under age eighteen) or that of someone who
would be living with you; or
- You received lease violation notices or threats of eviction
because your children violated certain tenant rules and
regulations that were in effect until the date of the entry
of the Consent Order that the Department of Justice and
private plaintiffs alleged to be discriminatory.
If you believe you have, or someone else has, a claim that
falls within any one of the four categories listed above at these
6 apartment complexes, please contact the United States
Department of Justice at 1-800-896-7743. You may also write to:
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, D.C.
20035-5998
If you believe you have a claim, you must notify the United
States Department of Justice by ______________, 1999. The United
States will investigate claims made within two hundred ten (210)
days from the date of the entry of the Consent Order, or
_______________, 1999. The United States will have the sole
discretion to determine the amount of damages, if any, paid to
any claimant. You will be required to provide to the United
States a sworn declaration of the factual basis for your claim
and any documents that may support the claim. You will be
required, as a condition to receiving payment for your claim, to
sign a release of any claim you may have against the Defendants
named in the Consent Order.
APPENDIX 9
RELEASE
In consideration for the parties' agreement to the terms of
the Consent Order entered in United States v. Pinewood
Associates, Ltd., et al., Civil Action No. ___________ (D. Nev.),
and Settling Defendants' payment to me [and my spouse jointly] of
$____________ on behalf of myself, my personal representatives,
successors, heirs, assigns, and all members of my family,
I hereby remise, release and forever discharge all claims of any
kind, nature or description whatsoever, related to the facts at
issue in the litigation referenced above, or in any way related
to that litigation, and any other claims arising from alleged
housing discrimination up to and including the date of entry of
the Consent Order, ____________________, 1999, that I may have
against any of the Settling Defendants, Lee Burke and their
heirs, executors, administrators, successors, assigns, agents,
employees and agents.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed this _________ day of ________________, 199__.
______________________
Signature
______________________
Name (printed)
______________________
Address
1. All documents or other communications required by this Order to be sent to counsel for the United States shall be
addressed as follows: Chief, Housing and Civil Enforcement
Section, Civil Rights Division, United States Department of
Justice, P.O. Box 65998, Washington, D.C. 20035-5998.