IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action Number: 396 CV 01118 (AHN)
HOUSING AUTHORITY OF THE TOWN
OF MILFORD, and CITY of
MILFORD,
Defendants.
____________________________________
NAACP, et al.,
Plaintiff,
v.
HOUSING AUTHORITY OF THE TOWN
OF MILFORD, et al.,
Defendants.
____________________________________
JOINTLY STIPULATED MODIFICATIONS TO SETTLEMENT AGREEMENT
ENTERED AS COURT ORDER ON OCTOBER 5, 1998
The United States, the private plaintiffs, the Housing
Authority of the Town of Milford, Keith Rubenstein and George
Ronkowitz (the last three are hereinafter referred to as "the
MHA") hereby agree to replace Paragraphs 12 - 27 and 29 of the
Settlement Agreement in the above-captioned matter, entered as an
Order of the Court on October 5, 1998, as follows:
* * *
- The MHA will select families to occupy the housing
units acquired, acquired and rehabilitated, and/or developed
under the Plan in an objective, non-discriminatory manner
according to appropriate eligibility and screening criteria. In
so doing, the MHA will use the guidelines set forth below, which
are also contained in its Admissions and Continued Occupancy Plan
("ACOP").
- Beginning no later than May 15, 2000, and continuing
thereafter for the remainder of the five-day business week, the
MHA will accept pre-applications for residency in its subsidized
housing units for families, including the subsidized housing
units to be acquired and/or developed under the Plan
(collectively, "subsidized housing units for families"). This
period constitutes the "First Application Period." When the MHA
reasonably anticipates the exhaustion of the family public
housing Waiting List ("Waiting List") established under ¶16
following the First Application Period, it will advertise and
hold a new Application Period and establish, in accordance with
¶16, a new Waiting List that will become effective immediately
after the Waiting List established following the First
Application Period is exhausted. The MHA will similarly
advertise and hold new a Application Period, and establish a new
Waiting List, whenever it reasonably anticipates exhaustion of an
existing Waiting List.
- The MHA shall publish advertisement notices concerning
the First and subsequent Application Periods in accordance with
¶29 of this Settlement Agreement. In addition to the information
required by that Paragraph, the final such notice published prior
to each Application Period shall contain a blank pre-application
form. At least one week prior to each Application Period, the
MHA shall also deliver, by first class mail, notices containing
blank pre-application forms to social service agencies in Milford
and surrounding municipalities.
- Any person who wishes to apply for residency in the
MHA's subsidized housing units for families must complete and
mail a pre-application to a specifically designated address at
the MHA during an Application Period. Pre-applications shall be
submitted by mail only, except that reasonable accommodations
shall be made for individuals whose disabilities make mailing
impracticable. All pre-applications must be post-marked within
an Application Period and received by the MHA no later than
fourteen (14) days after the close of an Application Period. The
MHA will not consider any pre-application not post-marked and
received accordingly. If an individual submits more than one
pre-application during an Application Period, the MHA will not
consider any of the pre-applications he or she submitted for that
Period, and he or she will be ineligible for the MHA's subsidized
housing units for families until the following Application
Period.
- All envelopes containing pre-applications shall remain
sealed and shall be placed in a secure location until fifteen
(15) days after the close of an Application Period. On said
fifteenth day, the MHA shall conduct a Lottery to determine which
pre-applicants may be considered for residency in its subsidized
housing units for families. Specifically, the MHA shall draw at
random, from among all pre-applications, a specific number of
timely submitted pre-applications which it determines, in its
discretion, to be sufficient to establish a Waiting List that it
reasonably expects will be exhausted in one year.
- Consistent with the ACOP, all pre-applicants drawn in
the Lottery will be assigned to one of the following Income
Tiers:
- Tier I: pre-applicant families with incomes between 0% and 30% of area median income;
- Tier II: pre-applicant families with incomes between
30% and 80% of area median income.
- All pre-applicants drawn in the Lottery will be given
either a "ranking preference" or "no preference" designation on
the Waiting List. As provided in the ACOP, pre-applicants
qualify for a "ranking preference" if they:
- live, work or have been hired to work in Milford; and/or
- are and have been working at least 20 hours a week for
the past 12 months; are and have been working at least
40 hours a week for the past month; are attending an
educational or training institution full-time; are
participating in a program recognized by the state
agency administering the program of temporary
assistance to needy families; or are part of a family
in which all adult members are unable to work because
of age or disability.
Pre-applicants with a "ranking preference" designation will be
ranked higher on the Waiting List than applicants with a "no
preference" designation. However, ranking preferences shall not
be aggregated. Accordingly, pre-applicants who qualify for one
ranking preference will not receive any less of a preference than
applicants who qualify for more than one such preference, but
will instead enjoy the same preference status as those
applicants.
- Within both the "ranking preference" and "no
preference" categories on the Waiting List, pre-applicants will
be ranked according to the order in which their pre-applications
were drawn in the Lottery.
- Within three weeks after the Lottery is held, the MHA
shall notify all pre-applicants selected in the Lottery that they
have been selected. The notice shall invite these selected pre-applicants to the offices of the MHA to receive an orientation on
the MHA's admissions process, complete an application for low-income family public housing, and provide any additional
information which will help determine their eligibility for such
housing. Selected pre-applicants must complete these
applications and provide this information in person at the MHA's
offices, except that reasonable accommodations shall be made for
selected pre-applicants whose disabilities make coming to the MHA
impracticable.
- The advertisement notice required by ¶14 shall include
language indicating that selected pre-applicants will be notified
of their selection no more than three weeks after the Lottery,
and that non-selected pre-applicants will not be notified of
their non-selection. Accordingly, non-selected pre-applicants
will not receive notification, following the Lottery, that their
pre-applications were not selected.
- Within 120 days prior to a unit becoming available for
occupancy, the MHA will screen selected pre-applicants who have
completed an application ("applicants") to determine whether they
meet the MHA's Eligibility and Selection Criteria, which are
contained in the ACOP. The MHA will apply its Selection Criteria
in a non-discriminatory manner to assess the willingness and
ability of applicants to comply with essential lease provisions,
including, but not limited to:
- paying rent and other charges in a timely manner;
- appropriately caring for the unit and common
areas;
- not interfering with the rights and peaceful
enjoyment of others; and
- not engaging in criminal activity (including drug-related criminal activity) that threatens the
health, safety, or right to peaceful enjoyment of
other residents or staff.
- Selected pre-applicants who do not properly complete an
application will be withdrawn from the Waiting List. Selected
pre-applicants who do not satisfy the MHA's Eligibility and
Selection Criteria will be rejected for residency in the MHA's
subsidized housing units for families, will be withdrawn from the Waiting List, and as provided in the ACOP, will have a right to
an informal hearing.
- As housing units, acquired, acquired and rehabilitated,
and/or developed under the Plan or any other MHA subsidized
housing units for families become available for occupancy, the
MHA will offer applicants such units based on both their need for
units with the same bedroom-size as those becoming available and
their rank on the Waiting List, determined in accordance with ¶¶
18 - 19, except that, within any twelve month period: (a) the
percentages of applicants in Tiers I and II receiving unit offers
must match the percentages, rounded to the nearest 10%, by which
applicants within each Income Tier are represented on the Waiting
List following the Lottery; and (b) not less than 50% of the
applicants admitted into and newly occupying housing units must
be from Tier I. Any applicant on the Waiting List who declines
to accept an offered housing unit shall be moved to the end of
the Waiting List, as set forth in the ACOP.
- In accordance with ¶¶13-16, the MHA, when it reasonably
expects that the exhaustion of an existing Waiting List is
imminent, will (a) advertise and hold a new Application Period
and (b) establish a new Waiting List that will become effective
immediately upon exhaustion of the existing Waiting List.
- The parties to this Settlement Agreement agree that, as
written, the procedures and guidelines set forth in this Section
and in ¶5 are fair and legal and comply with all applicable laws
and regulations. However, each party reserves its right, after
sufficient time has elapsed, to evaluate the manner in which such
procedures and guidelines operate in practice and to revise or
request revision of these procedures to ensure compliance with
all applicable laws and regulations. The parties shall work in
good faith in the event that a request for revision is made and
shall use the procedures set forth in Section VIII of this
Settlement Agreement to resolve any dispute.
- This Agreement only contains guidelines regarding the
procedures for applying for and being selected to reside in the
MHA's subsidized housing units for families. It does not contain
all of the specific provisions that will govern such application
and selection procedures. Each such specific provision is
contained in the ACOP and will be set forth in the Plan.
* * * *
- Beginning four (4) weeks before the MHA, pursuant to
¶¶13 and 25, begins an Application Period, and once each week
thereafter for the next three weeks, the MHA will place an
advertisement concerning its subsidized housing units for
families in the news sections of each of following publications:
(a) New Haven Register; (b) Connecticut Post (c) Milford Mirror;
and (d) such other publications as the parties agree upon. The
MHA will place a similar advertisement concerning these housing
units in the news sections of each of these publications once
each week for the four weeks preceding all subsequent Application
Periods. Each such advertisement will:
- prominently display the fair housing logo;
- set forth the dates of the pertinent Application Period
and explain when, where and how prospective applicants
will be required to submit pre-applications;
- describe the Lottery, eligibility criteria, the intake
and screening process for selected pre-applicants, and
the ranking procedures governing the Waiting List; and
- describe, if possible, the housing units being made
available under the Plan by size, type and location.
As required by ¶14, the last advertisement appearing in each of
the above-designated publications prior to an Application Period
shall also contain a blank pre-application form which persons
seeking residency in the MHA's subsidized housing units for
families may clip, fill out and mail to the MHA pursuant to the
provisions of Section III of this Agreement.
IT IS HEREBY ORDERED this ______ day of ____________, 2000,
that the foregoing provisions replace Paragraphs 12 - 27 and 29
of the existing Settlement Agreement, which was entered as an
ORDER of this Court on October 5, 1998.
___________________________________
UNITED STATES DISTRICT COURT JUDGE
The undersigned parties consent to and request that the
Court approve the foregoing modifications to the existing Settlement Agreement.
______________________________
UNITED STATES DISTRICT COURT JUDGE
The undersigned parties consent to and request that the
Court enter this Settlement Agreement as its own Order.
FOR DEFENDANT MHA:
JAMES G. WILLIAMS
ROBERT J. FLANAGAN, JR.
Cella, McKeon & Williams, P.C.
P.O. Box 221
21 Washington Avenue
North Haven, CT 06473-0221
(203)239-5851
FOR PLAINTIFF UNITED STATES:
BRIAN F. HEFFERNAN
SETH ROSENTHAL
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, DC 20035-5998
(202) 514-4713
STEPHEN ROBINSON
United States Attorney
BY: JOHN HUGHES
Asst. United States Attorney
District of Connecticut
157 Church Street
23rd Floor
New Haven, CT
(203) 821-3700
FOR PRIVATE PLAINTIFFS:
PHILIP D. TEGELER
Connecticut Civil Liberties Union Foundation
32 Grand Street
Hartford, CT 06106
SHELLEY WHITE
New Haven Legal Assistance
426 State Street
New Haven, CT 06510-2018
(203) 946-2811