R. ALEXANDER ACOSTA
Assistant Attorney General
STEVEN H. ROSENBAUM
Chief, Housing and Civil Enforcement Section
JEANINE M. WORDEN
Deputy Chief
KEISHA DAWN BELL
Deputy Chief
NANCY F. LANGWORTHY
Trial Attorney
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Telephone: (202) 616-8925
Fax: (202) 514-1116McGREGOR W. SCOTT
United States Attorney
KRISTI C. KAPETAN
Assistant United States Attorney
1130 O Street, Room 3654
Fresno, CA 93721
Telephone: (559) 498-7440Attorneys for Plaintiff United States of America
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
CITY OF HANFORD, CALIFORNIA
Defendant.
CV-F-04-6340 AWI SMS CONSENT DECREE
The United States brought this action pursuant to Section 814(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3614(a), which authorizes the Attorney General to initiate a lawsuit in federal court whenever he has reasonable cause to believe that any person or group of persons has been denied any of the rights granted by the Fair Housing Act and such denial raises an issue of general public importance. In its complaint, which was filed simultaneously with this Consent Decree, the United States alleges that the Defendant City of Hanford, California ("Defendant") violated Section 804(f)(3)(B) of the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B). Specifically, the United States contends that the Defendant violated the Act by refusing to grant a reasonable accommodation to allow the group home for persons with mental disabilities at 558 West Birch Court in Hanford to continue operating. The Defendant denies this contention.
The United States and Defendant desire to avoid costly and protracted litigation and have voluntarily agreed, as indicated by the signatures below, to resolve the United States' claims against Defendant without the necessity of an evidentiary hearing. After reviewing the terms of this Consent Decree, the Court concludes that the entry of this Consent Decree comports with the Fair Housing Act and federal law and is appropriate under all the circumstances.
Therefore, it is ORDERED, ADJUDGED, and DECREED as follows:
I. Scope and Duration of Decree
1. The parties stipulate and the Court finds that the Court has jurisdiction over Defendant for purposes of this action pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
2. This Consent Decree shall remain in effect for a period of five (5) years from the date when it was entered. The Court shall retain jurisdiction over this action for the duration of this Consent Decree for the purpose of enforcing any of its provisions or terms, after which time the case shall be dismissed with prejudice.
3. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. However, in the event that Defendant either fails to perform in a timely manner any act required by this Decree or acts in violation of any provision of this Decree, the United States may move the Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance or non-performance of certain acts and an award of any damages, costs, and attorneys' fees that may have been occasioned by the Defendant's non-action or actions.
II. General Non-Discrimination Provisions
4. The Defendant and its employees and agents shall comply with and follow the requirements of the Fair Housing Act in all respects that are applicable to the Defendant, including but not limited to, the Defendant's consideration of and decision-making regarding the presence of, or plans to create or operate, dwellings for persons with disabilities within the City.
5. The Defendant and its employees and agents, in accordance with applicable City ordinances, shall not refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford person(s) with disabilities an equal opportunity to use and enjoy a dwelling.
III. Reasonable Accommodation for the 558 West Birch Court Home
6. Immediately upon entry of this Consent Decree, the Defendant shall cease its efforts to close the group home for persons with mental disabilities located at 558 West Birch Court and to make the group home provider pay fines. The Defendant shall not otherwise discourage or hinder the dwelling's operation as a group home for persons with disabilities.
IV. Establishment and Implementation of Reasonable Accommodation Procedure
7. The Defendant has adopted an ordinance amending the Hanford Municipal Code that will provide a process by which persons may request reasonable accommodations on the basis of disabilities from the City's zoning and land use requirements. A copy of the ordinance is attached hereto and incorporated herein as Exhibit "A" ("Accommodation Ordinance"). (1) The Defendant shall comply with the Fair Housing Act and the procedures set forth in the Accommodation Ordinance when determining whether requests for reasonable accommodation on the basis of disabilities shall be granted.
8. Beginning on the date of entry of this Consent Decree and throughout its term, if the Defendant declines, rejects, or denies any type of request for zoning or land use permission relating to a dwelling which is occupied by, or designated or intended for occupancy by, persons who are alleged to have disabilities, or any request for reasonable accommodation(s) to zoning or land use rules, policies, practices, procedures or services by persons alleged to have disabilities, the Defendant will prepare detailed written findings explaining all of the specific reasons for declining the request. For purposes of this provision, the failure to act on a request within a reasonable period of time following the receipt of the request shall be deemed a denial. A copy of the written findings shall be provided to the requester and Counsel for the United States within ten (10) days after the date the final decision is made.
9. If a group home provider seeks a reasonable accommodation to enable it to operate a group home for persons with disabilities in the City, the Defendant may not refuse the accommodation for the reason that the group home is not licensed, unless the group home is of a type that is required to be licensed under California State law.
10. The Defendant shall designate a City employee as a Fair Housing Act Compliance Officer. In that capacity, that person shall have the responsibility to review, and where Fair Housing Act issues are implicated, provide advice to the Defendant regarding zoning and land use decisions, including but not limited to requests for reasonable accommodation to zoning/land use rules, policies, practices and/or procedures. In addition to attending the training agreed to below, that person will have the responsibility of keeping current on any amendments to the Fair Housing Act and developments under the case law that may create new responsibilities for the Defendant.
V. Fair Housing Training
11. The Defendant agrees to conduct training on the Fair Housing Act, which will initially involve in-person training by a representative of an organization selected by the Defendant and approved by the United States. The training will be videotaped and repeated as necessary to inform newly elected, appointed, or hired City staff of the requirements of the Fair Housing Act. This training shall be directed to the Fair Housing Act Compliance Officer, all City Council members, and the City's Planning Commission staff with responsibility for recommending or making land use or zoning decisions. The initial training shall take place within ninety (90) days of the date of entry of this Decree, and the training of a new official or staff member shall take place within thirty (30) days of each individual's commencement date. The Defendant will bear the cost of this training, which shall not exceed $2,500.00 (two thousand and five hundred dollars). Records of the attendees at the training sessions will be forwarded to Counsel for the United States during the pendency of this Decree, within thirty (30) days of the completion of said training. (2)
VI. Reporting and Record-Keeping
12. Within ten (10) days after entry of this Decree, Counsel for Defendant will send written notice to Counsel for the United States of the name and contact information for the Fair Housing Compliance Officer mandated in paragraph 10 of this Decree. Should it be necessary to change the Fair Housing Compliance Officer during the term of this Decree, Counsel for Defendant will, within ten (10) days after such change, send written notice to Counsel for the United States of the name and contact information for the new Fair Housing Compliance Officer.
13. During the pendency of this Decree, Counsel for the Defendant will advise Counsel for the United States of each request or application of any type for a reasonable accommodation from zoning and land use provisions and all written findings required by Paragraph 8 of this Decree. Notice of each request shall be submitted to Counsel for the United States within thirty (30) days of the Defendant's receipt of the request or application, and copies of written findings required by paragraph 8 of this Decree shall be sent to Counsel for the United States at the same time as they are sent to the requester(s). After receiving such notice and/or written findings, if the United States determines that additional information is necessary in order to assess the information provided, the United States shall make such a request in writing to Counsel for the Defendant, and Counsel for the Defendant shall provide such information to Counsel for the United States within thirty (30) days of receipt of the request.
14. During the pendency of this Decree, Counsel for the Defendant shall provide a copy of any proposed change to the Hanford Municipal Code relating to dwellings or overnight accommodations to Counsel for the United States. Counsel for the United States shall review any such proposal to ensure compliance with the Fair Housing Act. The United States shall, within thirty (30) days after receipt of the proposal, provide its written comments, if any, to Counsel for the Defendant. Should the Defendant disagree with the United States' comments, the parties shall endeavor in good faith to resolve their differences informally before seeking the intervention of the Court.
15. One hundred twenty (120) days after the date of entry of this Decree, Counsel for the Defendant shall deliver to Counsel for the United States a report containing written verification that all persons required to do so by the terms of this Decree have attended the training program mandated by paragraph 11 of this Decree.
16. One hundred eighty (180) days after the date of entry of this Decree, and every one hundred eighty (180) days thereafter during the term of this Decree, Counsel for the Defendant shall deliver to Counsel for the United States copies of all signed statements secured pursuant to paragraph 11 of this Decree for persons who attended the Fair Housing Training during said one hundred eighty (180) day period.
17. Throughout the term of this Decree and for one (1) year thereafter, Defendant shall retain all records relating to implementation of all provisions of this Decree. The United States shall have the opportunity to inspect and copy any such records after giving reasonable notice to Counsel for the Defendant.
VII. Monetary Relief18. In order to settle all the claims in the United States' Complaint, and the Litigation styled Kennedy, et al. v. City of Hanford, et al., United States District Court, Eastern District of California, Case No. CIV-F-03-5032 OWW ("Kennedy Litigation"), the Defendant shall, pursuant to the Fair Housing Act, 42 U.S.C. § 3601 et seq., pay the aggregate sum of $55,000.00 ("Settlement Amount"). The Settlement Amount shall be distributed to compensate "aggrieved" persons within the meaning of 42 U.S.C. § 3602(i), including the private plaintiffs in the Kennedy Litigation and additional "aggrieved" persons identified by the United States.
The United States and legal counsel for the private plaintiffs in the Kennedy Litigation have agreed to, and Defendant does not dispute, the allocation of the Settlement Amount among the private plaintiffs in the Kennedy Litigation and those additional "aggrieved" persons. (3)
Defendant shall deliver to the United States separate checks made payable to those persons, who in addition to the private plaintiffs in the Kennedy Litigation, have been identified by the United States as "aggrieved," for his or her respective share of the Settlement Amount. Defendant shall deliver to legal counsel for the private plaintiffs, separate checks made payable to each of the private plaintiffs, for his or her respective share of the Settlement Amount.
In consideration of the Defendant's payment of the Settlement Amount each of the private plaintiffs in the Kennedy Litigation and the additional "aggrieved" persons identified by the United States, or a representative of such person having the requisite legal authority, shall execute a release of all claims in the form of Exhibit "B", which is attached hereto and made a part hereof ("Release"), signifying that the payment he or she is to receive will constitute full settlement of all known and unknown claims that he or she may have relating to the subject matter of the case.
DONE, this _____ day of __________________, 2004.
_________________________________
United States District Judge
For the United States:
McGREGOR W. SCOTT
United States Attorney
KRISTI C. KAPETAN
Assistant United States AttorneyR. ALEXANDER ACOSTA
Assistant Attorney General___________________________
STEVEN H. ROSENBAUM
Chief, Housing and Civil
Enforcement Section
JEANINE M. WORDEN
Deputy Chief
KEISHA DAWN BELL
Deputy Chief
NANCY F. LANGWORTHY
Trial Attorney
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Telephone: (202) 616-8925
Fax: (202) 514-1116
For Defendant City of Hanford: ____________________________
MICHAEL J. NOLAND
Kahn, Soares & Conway, LLP
219 N. Douty Street
Hanford, CA 93230
Telephone: (559) 584-3337
Fax: (559) 584-3348
Exhibit A
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY OF HANFORD
ADDING CHAPTER 17.72 TO TITLE 17 OF THE
HANFORD MUNICIPAL CODE PROVIDING FOR
REASONABLE ACCOMMODATIONThe City Council of the City of Hanford does hereby ordain as follows:
Section 1. Chapter 17.72 is hereby added to Title 17 of the Hanford Municipal Code to read as follows:
17.72.01. Purpose.
This Chapter implements the policy of the City of Hanford on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B). The policy of the City of Hanford is to comply fully with the provisions of the Fair Housing Act.
Any person with disabilities and eligible under the Fair Housing Act may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act pursuant to the procedures set out in this Chapter.
Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Chapter.
17.72.02. Definitions.
A. Act. The Fair Housing Amendments Act of 1988.
B. Applicant. An individual, group or entity making a request for reasonable accommodation pursuant to this Chapter.
C. Code. Hanford Municipal Code.
D. Department. The Community Development Department of the City of Hanford.
E. Disabled Person. Any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment.
F. Dwelling. "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
17.72.03. Notice to the public of availability of accommodation process.
The Department shall prominently display a notice at the counter in the City Community Development Department and Finance Department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter.
17.72.04. Requesting reasonable accommodation.
In order to make specific housing available to one or more individuals with disabilities, a disabled person or a person acting on his or her behalf at his or her request (collectively "Applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedures of the City applicable to such housing.
1. A request by an Applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing. The Department will assist the Applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the Applicant's request for reasonable accommodation, the Department shall use the information to complete a reasonable accommodation request form. A copy of a reasonable accommodation request form is attached to this ordinance as Exhibit "A".
2. The Department will provide the assistance necessary to an Applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any Applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the Applicant. The Applicant is entitled to be represented at all stages of the proceedings identified in this Chapter by a person designated by the Applicant.
3. Should the information provided by the Applicant to the Department include medical information or records of the Applicant, including records indicating the medical condition, diagnosis or medical history of the Applicant, the Applicant may, at the time of submitting such medical information, request that the Department, to the extent allowed by law, treat such medical information as confidential information of the Applicant.
4. The Department shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the Department for disclosure of the medical information or documentation which the Applicant has previously requested be treated as confidential by the Department. The Department will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation.
17.72.05. Jurisdiction
Director/Designee. The Director of the Department, or its designee ("Director/Designee"), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Director/Designee for review and consideration. The Director/Designee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the Applicant by certified mail, return receipt requested and by regular mail.
2. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Director/Designee may, prior to the end of said thirty (30) day period, request additional information from the Applicant, specifying in detail what information is required. The Applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty (30) day period to issue a written determination shall be stayed. The Director shall issue a written determination within thirty (30) days after receipt of the additional information. If the Applicant fails to provide the requested additional information within said fifteen (15) day period, the Director shall issue a written determination within thirty (30) days after expiration of said fifteen (15) day period.
17.72.06. Findings For Reasonable Accommodation.
The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
A. Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;
B. Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme;
C. Whether the requested accommodation would impose undue financial or administrative burdens on the City.
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Fair Housing Act. This ordinance does not obligate the City to grant any accommodation request unless required by the provisions of the Fair Housing Act or applicable California state law.
17.72.07. Appeals.
A. Within thirty (30) days after the date the Director/Designee mails a written adverse determination, under Section 17.72.05, to the Applicant, the Applicant requesting reasonable accommodation may appeal the adverse determination.
B. All appeals shall contain a statement of the grounds for the appeal.
C. If an individual Applicant needs assistance in appealing a determination, the Department will provide the assistance necessary to ensure that the appeal process is accessible to the Applicant. All Applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the Applicant.
D. Appeals shall be to the City Council who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than thirty (30) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 17.72.06 and shall be consistent with the Fair Housing Act.
E. An Applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
17.72.08. Fee.
There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Chapter or an appeal of a denial of such request by the Director/Designee. Nothing in this ordinance obligates the City to pay an Applicant's attorney fees.
17.72.09. Stay of Enforcement.
While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the Applicant.
Passed and adopted by a regular meeting of the City Council of the City of Hanford, duly called and held on the ___ day of _____________, 2004, by the following vote:
AYES:
Council Member ________________________
________________________
________________________
________________________
________________________ NOS: Council Member ________________________ ABSTAIN: Council Member ________________________ ABSENT: Council Member ________________________
APPROVED ________________________
Mayor
REQUEST FROM FOR REASONABLE ACCOMMODATION
1. Name of Applicant
Telephone Number___________________________________________________________________
2. Address
___________________________________________________________________
3. Address of Housing At Which Accommodation Is Requested
___________________________________________________________________
4. Describe the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought.___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
5. Reasons the reasonable accommodation may be necessary for the Applicant or the individuals with disabilities seeking the specific housing, to use and enjoy the housing.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
6. Name, address and telephone number of contact person other than Applicant.
___________________________________________________________
___________________________________________________________
7. Other information.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
8. Signature of Applicant__________________________ Date___________
Exhibit B
RELEASE AND COVENANT NOT TO SUE
This Release and Covenant Not to Sue is made by and between THE CITY OF HANFORD, a Municipal Corporation ("City") and "Aggrieved Person."
WITNESSETH
WHEREAS, a complaint ("Complaint") has been filed by the United States in the United States District Court for the Eastern District of California, styled United States v. City of Hanford, United States District Court, Eastern District of California, Case No. _________________("Litigation"); and
WHEREAS, the parties to the Litigation have voluntarily entered into a Consent Decree to settle the Litigation, including all claims raised therein, said Decree having been approved and entered by the District Court on ____________________ ("Consent Decree"); and
WHEREAS, the City and Aggrieved Person now desire to settle and discharge all claims of Aggrieved Person against the City arising out of the events set forth in the complaint, upon the terms and conditions set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the promises contained herein, and intending to be legally bound, the City and Aggrieved Person agree as follows:
1. In consideration of the release set forth below, the City shall make payment to Aggrieved Person in the cumulative amount of $____________ . Said payment in the amount of $_____________ includes compensation for all of Aggrieved Person's special and general damages arising out of the events set forth in the Complaint.
2. Release: In consideration of the City's payment to Aggrieved Person in the amount of $ _____________ pursuant to the Consent Decree as set forth above, Aggrieved Person, pursuant to Section 1541 of the California Civil Code, hereby releases, waives, discharges and holds harmless the City and all of its past, present, and future officials, officers, council members, employees, attorneys, agents, successors and assigns (collectively, "the City"), from all claims, damages, attorney fees, fines, penalties, costs, actions, causes of action of any nature, including injunctive relief, and all liabilities, demands, and obligations of whatsoever kind or character asserted or assertable as of, or prior to, the date of this Release, arising from, and/or related to the events set forth in the Complaint in the Litigation, and covenants and agrees not to bring an independent action against the City alleging causes of action or claims identified in the Litigation and/or released in this paragraph 2. Further, Aggrieved Person does hereby waive the benefits of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
By executing this Release and Covenant Not to Sue, Aggrieved Person does not intend to release the City for any actions taken after the date of the Release and Covenant Not to Sue.
3. Compromise of Disputed Claims: The payment of the consideration referred to herein is made solely for the purpose of terminating, concluding and preventing further involvement in protracted litigation based upon the claims of the United States and/or any claims the Aggrieved Person may have arising out of the events set forth in the Complaint. The City expressly denies liability for each and every such claim. Neither the payment of consideration nor the execution of this release shall constitute or be construed as an admission of any liability or wrongdoing whatsoever by the City.
4. Binding Upon Successors: This Agreement shall be binding upon and inure to the benefit of the City and Aggrieved Person, and their conservators, predecessors, successors, heirs, assigns, executors, administrators, trustees, beneficiaries, affiliated and related entities, officials, officers, council members, employees, agents, and representatives.
5. Jurisdiction: The parties agree that the jurisdiction of any dispute arising out of this Agreement shall be in the United States District Court, Eastern District of California. 6. Authorized Signature: Each signatory hereto warrants and represents that he or she is competent and authorized by law to enter into this Agreement on behalf of the party for whom the signatory purports to sign.
7. Warranty of Non-Inducement: Aggrieved Party acknowledges and represents that, in executing this Release, he/she has not relied on any inducements, promises or representations made by the City or any party representing or serving the City.
8. Modification: Any modification of this Agreement must be in writing and signed by all parties. No oral modifications shall be effective to vary or alter the terms of this Agreement.
9. Entire Agreement: All representations and promises pertaining to this Agreement are set forth herein and the parties to this Agreement acknowledge and represent to each other that they are not entering into this Agreement on the basis of any other promises or representations, express or implied, oral or written.
Dated: ___________ CITY OF HANFORD, a Municipal Corporation By:_______________________________
Dated:_______________ AGGRIEVED PERSON/LEGAL REPRESENTATIVE
_______________________________
1. Nothing in this Decree shall be interpreted to require persons with disabilities, or group homes for persons with disabilities, acting or operating in accordance with applicable zoning, licensing and/or land use laws and practices to seek permission from the City to continue such action or operation.
2. All correspondence under this Consent Decree shall be addressed to: Chief, Housing and Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, DC 20530.
3. Within fifteen (15) days of entry of this Decree, the City shall mail to the United States checks payable to those persons who, in addition to the private plaintiffs in the Kennedy Litigation, have been identified by the United States as "aggrieved." The five checks shall be mailed, first-class postage prepaid, return receipt requested, to: Chief, Housing and Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530; or sent by Federal Express to: Chief, Housing and Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, Room 7002, 1800 G Street, N.W., Washington, D.C. 20006. The checks should be enclosed with a cover letter reflecting the case caption and number and the following "DJ" number: 175-11E-160.
Document Filed/Entered: October 14, 2004