UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No.
RAINTREE ASSOCIATES LTD.
PARTNERSHIP;
FALCON CONSTRUCTION SERVICES;
J. LAMONT LANGWORTHY;
FALCON ENGINEERING SERVICES; and
RAINTREE VILLAGE HOMEOWNERS
ASSOCIATION, INC.
Defendants.)
_______________________________________
CONSENT DECREE
Plaintiff United States and defendants Raintree Associates, Ltd. Partnership; Falcon Construction Services; J. Lamont Langworthy; Falcon Engineering Services; and Raintree Village Homeowners Association, Inc. (defendants) agree to the terms of this Consent Decree resolving the Complaint filed by the United States.
The United States files this Consent Decree simultaneously with its Complaint alleging violations of Section 804(f)(1)-(3) of the Fair Housing Act, 42 U.S.C. § 3604(f)(1)-(3), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the Act). Specifically, the United States' Complaint alleges that defendants, with the exception of Raintree Village Homeowners Association, (1) have engaged in a pattern or practice of discrimination by failing to design and construct Raintree Condominiums, located in Las Vegas, Nevada with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C).
Raintree Associates Ltd. Partnership developed Raintree Village. Falcon Construction Services, Inc. built Raintree Village. J. Lamont Langworthy designed Raintree Village. Falcon Engineering Services provided the civil engineering services for and designed Raintree Village. Raintree Village Homeowners Association, Inc. represents the homeowners at Raintree Village. Raintree Village is located at 7570 W. Flamingo Road in Las Vegas, Nevada. It consists of sixteen (16) buildings containing a total of 124 units, including 62 ground-floor units.
The Act provides that all ground-floor units, in non-elevator buildings (with four or more units) designed and constructed for first occupancy after March 13, 1991, are "covered units" and must include certain basic features of accessible and adaptable design to make such units usable by a person who is or who becomes disabled. 42 U.S.C. §§ 3604(f)(3)(C) and (f)(7)(B). The features of accessible and adaptable design required by the Act include: (a) public and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors for passage into and within all premises that are sufficiently wide to allow passage by persons using wheelchairs; (c) an accessible route into and through the dwelling; (d) light switches, electrical outlets, thermostats, and environmental controls in accessible locations; (e) reinforcements in bathroom walls to allow later installation of grab bars; and (f) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. 42 U.S.C. § 3604(f)(3)(C).
Forty-six of the sixty-two ground-floor units at Raintree Village are "covered multifamily dwellings" within the meaning of 42 U.S.C. § 3604(f)(7)(A). These units and the public and common use areas of Raintree Village are subject to the design and construction requirements at 42 U.S.C. § 3604(f)(3)(C).
Defendants dispute and do not admit to the United States' allegations. The parties, however, agree that the claims against defendants should be resolved without further proceedings or an evidentiary hearing. Therefore, as indicated by the signatures appearing below, the parties agree to the entry of this Consent Decree.
It is hereby ORDERED, ADJUDGED and DECREED:
Defendants, their current officers, employees, agents, successors and assigns acting on behalf of the above-named defendants, and all other persons currently in active concert or participation with defendants are permanently enjoined from:
Defendants Raintree Associates, Ltd. Partnership; Falcon Construction Services; and Falcon Engineering Services have agreed to pay to Raintree Village Homeowners Association, Inc. (the Association) the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) in order to settle the violations of the Act alleged by the United States. The Association shall deposit this amount, in a separate interest-bearing account (the FHAA Fund), and will provide the United States with the name of the depository institution and any information it requests periodically on the FHAA Fund. The FHAA Fund shall be solely administered by an entity designated by the United States (the Entity). The Entity may reimburse itself out of the FHAA Fund for reasonable administration expenses associated with administering the FHAA Fund and managing the retrofits, provided that such expenditures are approved by the United States and are not used to supplement the salaries or compensate employees or agents of the Entity. The total administrative costs shall not exceed 15% of all modifications performed at Raintree Village. If, after the end of four and one half (4 ½) years, a balance remains in the FHAA Fund, the remaining sum shall be paid, within thirty (30) days, to an organization in the Las Vegas metropolitan area whose purpose is to help meet the housing needs of persons with disabilities, such organization to be approved by the United States.
The Entity shall use TWO HUNDRED AND EIGHTY THOUSAND DOLLARS ($280,000) of the FHAA Fund, plus all interest accrued from the FHAA Fund, to take the corrective actions described in this section and Appendices A and B with respect to the public and common use areas and the covered ground-floor dwellings in order to bring those areas and units into compliance with the requirements of the Act and HUD's Fair Housing Guidelines, 42 U.S.C. § 12183(a)(1) and 28 C.F.R. Part 36 (the Guidelines), as set forth below. The Association shall cooperate with the Entity to carry out the corrective actions specified using the moneys available, and the Association shall have no access or control over the FHAA Fund. The Association and the Entity's obligations to bring Raintree into compliance shall end once the FHAA Fund is exhausted.
For a period of four (4) years from the date of entry of this Consent Decree, defendants Raintree Associates Ltd. Partnership; Falcon Construction Services; J. Lamont Langworthy; and Falcon Engineering Services shall submit to the United States (3) information regarding any covered multifamily dwellings that they design and/or intend to build, including any additional dwellings to Raintree Village. The information shall be submitted before any applications are made for initial building permits. The following information shall be submitted: a) the name and address of the project; b) the names and addresses of all architects and site engineers; c) a description of the project and the individual units, including number and type of dwellings and amenities in the project; and d) a statement by an architect knowledgeable in the design and construction requirements of the Act, the ADA, (if applicable), and the relevant guidelines and regulations, describing his/her knowledge and training in accessible design, and which certifies that he/she has reviewed the architectural, mechanical, and civil engineering plans and that the plans include design specifications that fully comply with the requirements of the Act and the Guidelines.
Within 30 days of the entry of this Decree, the Entity shall pay the total sum of SEVENTY THOUSAND DOLLARS ($70,000) from the FHAA Fund, for the purpose of compensating the eight aggrieved families previously identified by the United States, pursuant to § 3614(d)(1)B). The Entity shall pay each aggrieved person by sending individual, certified checks to him or her, via certified mail, in an amount previously agreed upon by the parties, within thirty days (30) upon receipt of a release of claims from each victim, in favor of the parties to this Consent Decree, such release to be forwarded by the United States to the Entity.
The initial report should also include certification that the specified public and common use area retrofits have been made.
Any time limits for performance imposed by this Consent Decree may be extended by the mutual agreement of the United States and the relevant defendants.
Each party to this Consent Decree shall bear its own costs and attorney's fees associated with this litigation.
IT IS SO ORDERED:
This ______ day of _________________, 2001.
________________________________
United States District Judge
Agreed to by the parties as indicated by the signatures of counsel below.
FOR THE PLAINTIFF:
RALPH F. BOYD, JR.
Assistant Attorney General
DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Assistant United States Attorney
JOAN A. MAGAGNA
Chief
TIMOTHY J. MORAN
Deputy Chief
SUNNY E. PIETRAFESA
WINIFRED KAO
Attorneys
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - G St.
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
202-616-2217
FOR DEFENDANTS RAINTREE ASSOCIATED LTD. PARTNERSHIP; FALCON CONSTRUCTION SERVICES; and FALCON ENGINEERING SERVICES:
JAMES E. BETZ
c/o The Wolfenzon Law Group
4530 S. Eastern Avenue, Suite 9
Las Vegas, NV 89119
702-836-3138
FRED AHLSTROM
c/o The Wolfenzon Law Group
4530 S. Eastern Avenue, Suite 9
Las Vegas, NV 89119
702-836-3138
BRUNO WOLFENZON
The Wolfenzon Law Group
4530 S. Eastern Avenue, Suite 9
Las Vegas, NV 89119
702-836-3138
FOR DEFENDANT J. LAMONT LANGWORTHY:
HOWARD COLE
Lionel, Sawyer & Collins
1700 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101
FOR RAINTREE VILLAGE HOMEOWNER'S ASSOCIATION:
SCOTT CANEPA
Vannah, Costello, Canepa, Riedy, Rubino & Lattie
1850 E. Flamingo Road, Suite 236
Las Vegas, Nevada 89119
1. Raintree Village Homeowners Association is named as a defendant in this action as a necessary party for relief.
2. "Reasonable relocation costs" shall be the government per diem rate as listed in the Financial Management Policies and Procedures Bulletin, 41 C.F.R. Part 301-11.
3. All submissions to the United States or its counsel shall be made to: U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section - G St., 950 Pennsylvania Avenue, NW, Washington, D.C. 20530. Attn: DJ No. 175-46-99, or as otherwise directed by the United States.
Document Filed: February 27, 2002
Document Signed: