THOMAS E. MOSS
United States Attorney
MARC HAWS, ISB No. 2483
Assistant United States Attorney
First Interstate Center
877 W. Main St., Ste. 201,
Boise, Idaho 83702
Tel.: (208) 334-1211

RALPH F. BOYD, JR.
JOAN A. MAGAGNA
TIMOTHY J. MORAN
DONALD WALKER TUNNAGE, DC Bar No. 448204
Attorneys
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - GSt.
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Tel.:(202)305-2789
Fax: (202)514-1116
Donald.Tunnage@usdoj.gov

For the plaintiff United States of America

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,

           Plaintiff,

          v.                                                                                    Case NO. CV-01-449-S-EJL

BLUE MEADOWS LIMITED PARTNERSHIP,
REALVEST CORPORATION, ROBERT                                Consent Order
       SKALAK, CINDY SKALAK, &
       JONNIE PEDEN,

          Defendants.

___________________________________

  1. The United States filed this action against the above named Defendants on behalf of Margo Johnson, Lisa Clements, and the Intermountain Fair Housing Council pursuant to Section 812(o) of the Fair Housing Act, as amended 42 U.S.C. §3612(o). Defendants Blue Meadows Limited Partnership, Realvest Corporation, Robert Skalak, Cindy Skalak, & Jonnie Peden are the owners and operators of the Blue Meadows Apartments, a 229 unit apartment complex in Boise, Idaho. In its Complaint, the United States alleges that Defendants discriminated against Ms. Johnson and her minor child, James, and Ms. Clements and her minor children, Destinee, Caitlin, Tyra, and Skyler when they made, printed, and enforced rules that restricted minor children's access to the facilities within the apartment complex, in violation of Section 804 of the Fair Housing Act, 42 U.S.C. §3604. (1)

  2. The Blue Meadows Rules and Regulations, which were printed as an enforceable addendum to tenants' leases, (1) prohibited all people under the age of eighteen years from using or occupying any of the common areas after 10:00 p.m., regardless of adult supervision; (2) required all occupants under the age of eighteen years to be supervised when in the common areas; and (3) forbade all residents under the age of seventeen years from using the swimming pool, unless accompanied by a parent.

  3. In July of 2000, Blue Meadows amended its rules to delete the previous restrictions on the use of the common areas by children. The amended rules prohibit all persons from using the common areas in the community after 10:00 p.m. and do not include the requirement that children under eighteen be supervised by a parent at all times. Blue Meadows did not amend the pool rules.

  4. The parties desire to avoid costly and protracted litigation and agree that this action should be resolved by settlement, without a trial or other evidentiary hearing. Accordingly, the parties agree to the entry of this Consent Order, as indicated by the signatures appearing below.

  5. This order shall be binding on Defendants, their agents, and any persons with whom they contract to provide rental management services for Blue Meadows Apartments.

    6. GENERAL NONDISCRIMINATION PROVISIONS

  6. Defendants, their employees, agents, assigns, anyone acting under their direction and all those acting in concert or participation with them shall:

    1. Immediately modify the existing pool rules to delete the current restriction on persons under seventeen from using the pool unless accompanied by a parent;

    2. To the extent that they adopt any restrictions on the ages of children who can visit the pool unaccompanied by an adult, require only children under the age of thirteen to be accompanied by an adult when using the swimming pool; (2) and

    3. Refrain from instituting any other rules that restrict the use of common areas at Blue Meadows by persons under 18 except for generally applicable rules that apply to all persons regardless of age.

  7. Defendants, their employees, agents, assigns, anyone acting under their direction, and all those acting in concert or participation with them, are hereby enjoined from:

    1. Imposing different terms and conditions in the rental of dwellings on the basis of familial status;

    2. Making statements with respect to the rental of a dwelling that indicate a preference or limitation on the basis of familial status; and

    3. Taking any other action in violation of the Fair Housing Act, as amended 42 U.S.C. §3601-3619.

    RELIEF FOR AGGRIEVED PERSONS

  8. Within five (5) days of entry of this Order, Defendants shall pay twelve hundred dollars ($1,200.00) to Margo Johnson, in full and final settlement of any and all claims made or that could be made by her against Defendants in connection with the transactions or occurrences referenced in the Complaint, including any and all claims for damages and for attorneys' fees and costs. Said payment shall be by cashier's check made payable to Margo Johnson and shall be sent by overnight delivery to Counsel for the United States. (3) In consideration of Defendants' payment of twelve hundred dollars ($1,200.00) to Margo Johnson, she shall execute and deliver to Defendants a release in the form of Exhibit 1, attached hereto. (4)

    9. TERMINATION

  9. This action is dismissed with prejudice, except that the United States may petition the court at any time to enforce the Consent Order. The parties to this Consent Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with the Order prior to bringing such matters before the Court for resolution.

In the event of a violation by Defendants of this Consent Decree, including a failure by Defendant to perform in a timely manner any act required by this Decree, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of an act or payment of a penalty, an award of damages, and an award of any costs and reasonable attorneys' fees that have been occasioned by the violation or failure to perform.

The signatures of the parties to this Consent Order constitute waivers by each party of any right to challenge the validity of this Consent Order at any time.

The Court shall retain jurisdiction to enforce the terms of this Order.

It is so ORDERED, ADJUDGED, and DECREED this _____ day of _____________, 2002.

________________________________
UNITED STATES DISTRICT JUDGE

Agreed to by the parties as indicated by the signatures below.

For the Defendants: For the Plaintiffs:


RALPH F. BOYD, JR.
Assistant Attorney General


_________________________
JAMES G. REID
Ringert Clarke
455 South Third Street
Boise, Idaho 83701 		_________________________
JOAN A. MAGAGNA
TIMOTHY MORAN
DONALD WALKER TUNNAGE
      Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement
Section - GSt.
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202)305-2789

THOMAS E. MOSS
United States Attorney

MARC HAWS
Assistant United States Attorney

EXHIBIT 1

R  E  L  E  A  S  E

In consideration of the agreement by Blue Meadows Limited Partnership, Realvest Corporation, Robert Skalak, Cindy Skalak, & Jonnie Peden to enter into the Consent Order in United States v. Blue Meadows Limited Partnership, United States District Court, District of Idaho, CV-01-449, and to pay to me the sum of twelve hundred dollars ($1,200.00), the receipt and sufficiency of which are hereby acknowledged, I, Margo Johnson, hereby release, acquit and discharge the Defendants, their partners, agents and employees, from any and all liability for any claims and damages, including any attorneys' fees and costs, that I may have against them, whether known or unknown, as a result of or based upon any violation, whether alleged or actual, of any state or federal law, including the Fair Housing Act, or any common law theory, occurring prior to the date of entry of said Consent Order.

I fully acknowledge and agree that this Release shall be binding on my heirs, representatives, executors, successors, administrators and assigns. I represent that I have not assigned or otherwise transferred to any person, firm, or other entity not a signatory to this Release any right, claim or cause of action against Defendants.

I hereby acknowledge that I have read and understand this Release and that its consequences have been explained to me by counsel for the United States. I have executed the same voluntarily and with full knowledge of its legal consequences.

______________________
Margo Johnson

Date:________________

County of _____________

State of Idaho

Subscribed and sworn before me this _____day of _____________, 2002.

_________________________
Notary Public

My commission expires: __________.

EXHIBIT 2

R  E  L  E  A  S  E

In consideration of the agreement by Blue Meadows Limited Partnership, Realvest Corporation, Robert Skalak, Cindy Skalak, & Jonnie Peden to enter into the Consent Order in United States v. Blue Meadows Limited Partnership, United States District Court, District of Idaho, CV-01-449, the Intermountain Fair Housing Council hereby releases, acquits and discharges the Defendants, their partners, agents and employees, from any and all liability for any claims and damages, including any attorneys' fees and costs, that it may have against them, whether known or unknown, as a result of or based upon any violation, whether alleged or actual, of any state or federal law, including the Fair Housing Act, or any common law theory, occurring prior to the date of entry of said Consent Order.

The Intermountain Fair Housing Council (IMFHC) fully acknowledges and agrees that this Release shall be binding on its, representatives, executors, successors, administrators and assigns. IMFHC represent that it has not assigned or otherwise transferred to any person, firm, or other entity not a signatory to this Release any right, claim or cause of action against Defendants.

IMFHC hereby acknowledges that an understanding of this Release and that its consequences have been explained to it by counsel for the United States. This Release is executed voluntarily and with full knowledge of its legal consequences.

____________________________
Intermountain Fair Housing Council

Date:________________

County of _____________

State of Idaho

Subscribed and sworn before me this _____day of _____________, 2002.

_________________________
Notary Public

My commission expires: __________.

EXHIBIT 3

R  E  L  E  A  S  E

In consideration of the agreement by Blue Meadows Limited Partnership, Realvest Corporation, Robert Skalak, Cindy Skalak, & Jonnie Peden to enter into the Consent Order in United States v. Blue Meadows Limited Partnership, United States District Court, District of Idaho, CV-01-449, I, Lisa Clements, hereby release, acquit and discharge the Defendants, their partners, agents and employees, from any and all liability for any claims and damages, including any attorneys' fees and costs, that I may have against them, whether known or unknown, as a result of or based upon any violation, whether alleged or actual, of any state or federal law, including the Fair Housing Act, or any common law theory, occurring prior to the date of entry of said Consent Order.

I fully acknowledge and agree that this Release shall be binding on my heirs, representatives, executors, successors, administrators and assigns. I represent that I have not assigned or otherwise transferred to any person, firm, or other entity not a signatory to this Release any right, claim or cause of action against Defendants.

I hereby acknowledge that I have read and understand this Release and that its consequences have been explained to me by counsel for the United States. I have executed the same voluntarily and with full knowledge of its legal consequences.

____________________________
Lisa Clements

Date:________________

County of _____________

State of Idaho

Subscribed and sworn before me this _____day of _____________, 2002.

_________________________
Notary Public

My commission expires: __________.

1. Defendants filed a Motion for Partial Dismissal challenging the count of the United States's complaint alleging that the published and enforced pool rule permitting no one under seventeen years of age to use the pool without parental supervision violated the Fair Housing Act. In their motion, Defendants alleged that the United States failed to state a claim upon which relief could be granted. The Magistrate Judge issued a recommendation that the Defendants' motion for partial dismissal be denied and the District Court Judge adopted the recommendation in its entirety.

2. Defendants have adopted and provided the United States with copies of amended pool rules that are consistent with subparagraphs (a) and (b).

3. Defendant shall forward the check to counsel for the United States c/o Donald Tunnage, Attorney, Housing and Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, 1800 G Street, NW, Washington, D.C. 20006. Upon receipt of the $1,200.00 payment, counsel for United States shall forward to Defendants the release form signed by Ms. Johnson.

4. Lisa Clement and the Intermountain Fair Housing Council shall execute and deliver to Defendants releases in the form of Exhibits 2 & 3 attached hereto.

Document Entered: September 27, 2002