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.

_______________________________________

1. 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.

2. 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).

3. 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.

4. 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.

5. 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:

6. 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).

7. 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.

8. 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.

9. 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.

10. 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.

11. As used in this Consent Order, the term "dwelling" has the same meaning as that provided in 42 U.S.C. §3602.

12. 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:
    1. 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;

    2. 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;

    3. 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;

    4. 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.

13. 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.

14. 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.

15. 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:
    1. Furnishing to each employee or agent a copy of the Settling Defendants' fair housing policy, attached hereto as Appendix 2; and

    2. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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:
    1. Settling Defendants' fair housing policy, attached hereto as Appendix 2; and

    2. A letter summarizing this Consent Order and the revisions to the tenant rules and regulations, attached hereto as Appendix 4.

21. 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.

22. 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.

23. 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.

24. 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).

25. 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).

26. 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.

27. 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).

28. 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.

29. 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.

30. 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.

31. Beginning thirty (30) days after the date of this Consent Order, Settling Defendants shall preserve and maintain the following records:
    1. 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;

    2. 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);

    3. 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;

    4. Continue to maintain waiting lists for each of Settling Defendants' Section 8 mod-rehab and new construction proper-ties in Reno, Nevada; and

    5. 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.

32. 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.

33. 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:
    1. Copies of all employee certifications maintained pursuant to paragraphs 15 and 16 of this Order; and

    2. Copies of all employee training verifications maintained pursuant to paragraphs 17, 18 and 19 of this Order.

    3. 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.

    4. 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.

1. Monetary Relief for Plaintiff She Badhorse

36. 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.

2. Monetary Relief for Aggrieved Persons

37. 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.

38. 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.

39. 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.

40. 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:
    1. Payment shall be in the form of a cashier's check;

    2. 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;

    3. 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;

    4. 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.

    5. 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.

41. 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.

3. Attorneys' Fees

43. 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.

44. The Settling Defendants and the United States shall bear their own respective attorneys' fees and costs incurred in this case.

45. 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.

46. 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.

47. 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

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").

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:

1. 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".

2. 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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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

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:

1. Discriminate by refusing to rent or denying an apartment to a qualified applicant because the applicant is a member of a protected category.

2. Discriminate against any person in the terms or conditions of renting an apartment, or in the provision of services or facilities.

3. Make any statement with respect to rental of an apartment that indicates preference, limitation or discrimination.

4. 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.

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

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:

1. 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;

2. 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;

3. 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

4. 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.

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:

1. 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:

1. 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.

2. 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.

3. 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.

4. 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:

1. 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.

2. New keys will be made to replace any lost keys at a charge of $3.00 per key. No exceptions.

3. 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.

4. 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:

1. 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:

1. The SPEED LIMIT for driveways and parking areas SHALL NOT EXCEED 5 MPH.

2. 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.

3. DO NOT BACK INTO PARKING SPACES. All vehicles must be parked with the front facing the parking stall.

4. 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.

5. 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.

6. 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.

7. Excessive oil loss or spillage is damaging to the asphalt and must be removed immediately.

8. Management is NOT responsible for any vehicle or its contents. It is advisable to keep your vehicle locked at ail times.

MAINTENANCE:

1. ALL maintenance problems must be reported to the Management Office before any repairs can or will be made.

2. NO RESIDENT SHALL BE ALLOWED TO LIVE IN ANY APARTMENT WITHOUT ALL UTILITIES (ELECTRICITY/GAS) ON AND OPERATIONAL AND IN THEIR NAME.

3. 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.

4. 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.

5. 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.

6. 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.

7. For cleaning showers tubs, please use only those cleaners specifically designed for use on fiberglass.

8. 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.

9. 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.

10. 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.

11. 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:

1. 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.

2. 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.

3. ALL MOTORIZED VEHICLES ARE RESTRICTED TO PARKING LOTS AND ROADWAYS!

4. 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.

5. 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.

6. 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.

7. 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.

8. SHOPPING CARTS ARE NOT TO BE BROUGHT ONTO THE PREMISES.

9. 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.

10. 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.

11. You must allow management and, if applicable, the Housing Authority to inspect your unit upon receipt of reasonable notice.

12. Your lease is binding for a ______ period. It can only be canceled if:
    1. You violate the lease terms, or

    2. You obtain from management a written consent to allow you to move before your lease expires.

13. 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.)

14. 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.

15. 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:

1. 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:

1. 1. Each resident is responsible for the behavior of each and every one of their visitors, regardless of age.

   2. Visitors are responsible for the observance of all of the lease Rules and the Rules and Regulations herein.

   3. Residents will be held financially responsible for any damages caused by their visitors.

2. 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.

3. The following is the procedure for giving permission to anyone allowed to enter your apartment when you are not at home ......
   1. 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.

   2. 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.

   3. 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.

   4. 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

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:

1. not to discriminate on the basis of familial status in the operation of Pinewood Terrace Apartments;

2. to revise the tenant rules and regulations to ensure nondiscrimination toward families with children at Pinewood Terrace Apartments;

3. to train their employees and agents regarding the requirements of fair housing law; and

4. 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:

1. 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.

2. 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.

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:

1. 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.

2. 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.

3. This Lease Addendum is incorporated into the Lease executed or renewed on ___________________, between Landlord and Tenant.

TENANT: _____________________

DATE:________________________

LANDLORD:____________________

DATE:________________________

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:

1. Pinewood Terrace Apartments (1450 -1455 Evelyn Way; 1500 - 1550 Riley Avenue)

2. Reno Apartments (2300 Wedekind Road, 2181-2187 & 2280-2430 Patton Court; 1450-1452 Riley Avenue)

3. Willow Creek Apartments (402, 404 Linden Street)

4. Linden Apartments (400, 406, 408, 410 Linden Street)

5. Sutro Apartments (2400, 2410, 2420, 2450 Sutro)

6. 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;

1. 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

2. 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

3. 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

4. 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.

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.