UNITED STATES OF AMERICA,
Plaintiff,
v.
CV-S-01-0226-PMP-PAL
PACIFIC PROPERTIES AND
DEVELOPMENT CORPORATION,
Defendant.
________________________________
The United States files this Consent Decree simultaneously with its Complaint against Pacific Properties and Development Corporation (Pacific Properties or defendant), alleging violations of Section 804(f)(3)(C) of the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(C), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the Act).
Pacific Properties is the developer of Pacific Adagio, Pacific Carlisle, Pacific Deerfield, and Pacific Legends East (the four properties), all of which are located in Las Vegas, Nevada. Pacific Adagio (Adagio) is a residential rental dwelling community located at 7703 Vegas Drive and is comprised of 42 buildings, 282 units, 114 of which are located on the ground floor. Pacific Carlisle (Carlisle) is a residential rental dwelling community located at 10250 N. Covington Cross Drive and is comprised of 42 buildings, 274 units, 110 of which are located on the ground floor. Pacific Deerfield (Deerfield) is a residential condominium community located at 9901 Trailwood Drive and is comprised of 41 buildings, 222 units, 54 of which are located on the ground floor. Pacific Legends East (Legends) is a residential condominium community located at 1405 S. Nellis Boulevard and is comprised of 24 buildings, 219 units, 96 of which are located on the ground floor. All of the dwelling units at all four properties were designed and constructed for first occupancy after March 13, 1991.
The United States' Complaint alleges that defendant has engaged in a pattern or practice of discrimination against persons with disabilities by failing to design and construct the ground-floor units (378 total units) at the four properties with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C).
In general, the Act requires that, for buildings with four or more units, all units in elevator buildings and all ground floor units in non-elevator buildings include certain basic accessibility and adaptability design features intended to make housing usable or adaptable by a person who is or who becomes disabled. Accordingly, all of the 378 ground-floor units at the four properties are "covered multi-family dwellings" within the meaning of the Act, 42 U.S.C. § 3604(f)(7)(A).
The design requirements under the Act include: (a) public use and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors designed to allow passage into and within all premises that are sufficiently wide to allow passage by persons in wheelchairs; (c) an accessible route into and through the dwelling; (d) light switches, electrical outlets, thermostats and environmental controls in accessible locations; (e) reinforcements in bathroom walls to allow later installation of grab bars; and (f) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
The United States alleges that as originally designed, all of the covered units at Adagio (114); Carlisle (110); Legends (96); and 44 of the 58 covered units at Deerfield did not comply with the requirements of 42 U.S.C. § 3604(f)(3)(C) and were constructed pursuant to the original designs. The United States further alleges that none of those units, a total of 378, as designed and constructed, complies fully with the requirements of 42 U.S.C. § 3604(f)(3)(C).
For instance, the United States alleges in its Complaint that, as originally designed and constructed, defendant has violated 42 U.S.C. § 3604(f)(3)(C) by failing to design and construct some or all of these dwellings in such a manner that: (a) there are accessible building entrances on accessible routes; (b) the public use and common use portions of such dwellings are readily accessible to, and usable by, individuals with disabilities; (c) all doors are accessible by individuals with disabilities; (d) the environmental controls are at an accessible height and (e) there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
The parties agree that this Court has jurisdiction over the subject matter of this case. Defendant denies that it failed to design and construct the units at the four properties in compliance with the Act and its signature does not constitute an admission. The parties agree that the controversy should be resolved without further proceedings, without an evidentiary hearing, and without adjudication on the merits. Therefore, the parties have consented to the entry of this Consent Decree as indicated by the signatures appearing below.
It is hereby ORDERED, ADJUDGED and DECREED:
Defendant, its officers, employees, agents, successors and assigns and all other persons in active concert or participation with any of them are permanently enjoined from discriminating on the basis of disability as prohibited by the Act, 42 U.S.C. § 3604(f)(3)(C).
When the United States Department of Housing and Urban Development first contacted defendant regarding its alleged failure to design and construct the covered dwellings at Deerfield in compliance with the Fair Housing Act, defendant had not yet completed construction at that complex. Consequently, defendant revised its design plans for the interior of the remaining 34 ground floor units to be constructed at Deerfield. The revised plans are attached hereto as Appendix A. The parties agree that the revised plans substantially satisfy the requirements of the Fair Housing Act set forth at 42 U.S.C. § 3604(f)(3)(C).
All of the remaining condominium units at Deerfield and all of the condominium units at Legends, as well as the rental units at Adagio and Carlisle, are fully constructed. To settle the claims of the United States, defendant will retrofit some or all of the interior of units at the four properties pursuant to the descriptions attached hereto as Appendix B. The parties estimate that the potential cost of these interior modifications to be $164,995 (ONE HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED NINETY-FIVE DOLLARS). (1) Defendant has also agreed to take the actions set forth in Section III to XI below. These actions are reasonable and practicable and will increase the number of housing units on the market with features of accessible and adaptable design.
In lieu of modifying the clear floor space at the kitchen sinks of ground floor units at Legends East, defendant will make a one-time contribution of $30,000 (THIRTY THOUSAND DOLLARS) to an organization whose purpose is to help meet the needs of disabled persons in the Las Vegas metropolitan area. This contribution shall be made within thirty (30) days of the date of entry of this Consent Decree, and shall be made to an organization approved by the United States.
As set forth in Appendix C, defendant has made or will make modifications to the public use and common areas at Carlisle and Adagio. Defendant will complete these specific modifications within one year from the date of entry of this Consent Decree.
The parties intend that defendant make the modifications specified in Appendix (C)(III) and (C)(IV) to the common and public use areas of Deerfield and Legends Ease, respectively. Accordingly, within 30 days of the entry of the Consent Decree, defendant shall seek, and shall in good faith make its best efforts to obtain, the consent of the homeowners' associations at Deerfield and Legends East to permit these modifications. Defendant shall make these modifications at no expense to the homeowners' associations and shall attempt in good faith to minimize any inconvenience to the homeowners' associations. Defendant shall complete the modifications specified in Appendix C(III) and C(IV) within one year of the entry of the Consent Decree, or, if it is unable to do so because consent by the homeowners' associations is delayed, as soon as practicable thereafter.
In the event the homeowners' association at either Deerfield or Legends East refuse to grant defendant permission to make any of the modifications specified in Appendix C(III) or C(IV), defendant shall promptly notify counsel for the United States in writing. In the event the United States seeks to modify the Consent so as to require the homeowners' association to permit the modifications, defendant shall not oppose the United States' motion to modify the Consent Decree, or the joinder of either homeowners' association as a necessary party, for the purpose of ordering either homeowners' association to permit defendant to make the modifications at Deerfield or Legends East.
The cost of the specified modifications for the public use and common areas at the four properties is approximately $32,796 (THIRTY TWO THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS).
The parties agree that these modifications of the public use and common areas at the four properties substantially satisfy the requirements of the Fair Housing Act set forth at 42 U.S.C. § 3604(f)(3)(C).
Defendant agrees that in the event it decides to sell or transfer ownership of either Adagio or Carlisle during the term of this Consent Decree, defendant shall require the purchaser or transferee, as a condition of the sale or transfer, to agree in writing to comply with the Retrofit Actions described in this Section. Defendant further agrees that it shall remain liable for the completion of all such Retrofit Actions in the event the purchaser or transferee does not meet the requirements of this Section. In the alternative, upon sale or transfer of ownership of either Adagio or Carlisle, defendant will, as a condition of such sale or transfer, retain the obligation to comply with the Retrofit Actions described in this Section and will secure written agreement from the buyer to permit defendant to make such retrofits. Prior to the sale or transfer of either property, defendant shall 1) provide the buyer or transferee with a copy of this Consent Decree and 2) notify the United States of the pending sale or transfer and provide to the United States the name and address of the new owner(s) and a copy of the written agreement referenced in this Paragraph.
Every year for three (3) years from the date of entry of this Consent Decree defendant and its principals (Alan L. Molasky and Steven D. Molasky) shall, for the covered multi-family dwellings any of them intend to develop or build, and for which zoning approval and issuance of building permits for construction have been obtained, submit to counsel for the United States(2) the following information: (1) the name of the architect and site engineer, (2) the name and address of the project, and (3) a description of the project and the individual units.
Defendant will provide notice (Notice) of the availability of the interior modifications described in Appendix B to all current residents within thirty (30) days of the entry date of this Consent Decree, and once annually for the term of this Decree. Such Notice shall be substantially in the form of the notices/letters attached hereto as Appendix D(I) and (II) and shall include the Modification Selection Forms contained in Appendix E(I) and (II), respectively.
Defendant will provide Notice of the availability of the interior modifications described in Appendix B to all current owners within thirty (30) days of the entry date of this Consent Decree and once annually for the term of this Decree, and shall include in the Notice an offer to make the same modifications available at no cost to the first subsequent purchaser of such unit. Such Notice shall be substantially in the form of the letters attached hereto as Appendix D(III) and (IV) and shall include the Modification Selection Forms contained in Appendix E(III) and (IV), respectively.
The United States alleges that the defendant required Robert and Carol Lee to pay for modifications to their unit at Legends East, and contends that such modifications would have been unnecessary had the defendant designed and constructed Legends East in compliance with the Act. Without admitting liability, and to settle the claims of the Lees, defendants shall pay the sum of $1200(TWELVE HUNDRED DOLLARS) to Robert and Carol Lee, in payment of compensatory damages pursuant to 42 U.S.C. § 3614(d)(1)(B). Defendants shall pay said money within thirty (30) days of the date of entry of this Consent Decree by sending a check, payable to the order of Robert and Carol Lee, to counsel for the Lees, Mr. Richard Armknecht. The Lees shall execute a full release of their claims against the defendant.
No later than sixty (60) days after the date of entry of this Consent Decree, defendant shall provide to all its management and supervisory personnel involved in the design and construction of multi-family dwellings covered by the Act a copy of this Consent Decree. All new management or supervisory personnel involved in the design and construction of multi-family dwellings covered by the Act employed by defendant during the term of this Decree must receive a copy of this Consent Decree no later than thirty (30) days after the date he or she commences employment.
Any time limits for performance imposed by this Consent Decree may be extended by the mutual agreement of the parties.
Each party to this litigation will bear its own costs and attorney's fees associated with this litigation.
It is so ORDERED this _____ day of _______________, 2001.
____________________________________
United States District Judge
Agreed to by the parties as indicated by the signatures of counsel below:
FOR THE PLAINTIFF
UNITED STATES:
JOAN A. MAGAGNA
Chief
TIMOTHY J. MORAN
Deputy Chief
SUNNY E. PIETRAFESA
Attorney
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
202-616-2217
FOR DEFENDANT
PACIFIC PROPERTIES AND DEVELOPMENT CORPORATION:
THERESA L. KITAY
Coughing & KITAY, P.C.
3091 Holcomb Bridge Road
Suite A-1
Norcross, GA 30071
770-840-8483
Design plans for the interior of the remaining units to be constructed at Deerfield.
Defendants shall make the following changes upon request of a current resident at no expense to the resident and within one week of request. If the current resident elects not to have any or all modifications, then the following changes are to be made automatically when the current resident moves out and before a new resident moves in.
In all 46 Largo covered units:
Defendant shall make the following changes upon request of a current resident of a covered unit or a prospective resident who has signed a lease for a covered unit at no expense to the resident and within one week of request:
In all 20 Allegro covered units, move toilet to 18" from centerline to sidewall.
PACIFIC DEERFIELD: INTERIOR RETROFITS
Defendants shall make the following changes upon request of current owners or at the time of the first sale from the current owners, at no expense to the seller or purchaser and within one week or request:
APPENDIX B(IV)
PACIFIC LEGENDS EAST: INTERIOR RETROFITS
Defendants shall make the following changes upon request of current owners or at the time of first sale from current owners, at no expense to seller or purchaser in all 96 ground floor units within one week of request:
Within one year of the date on entry of the Consent Decree, the defendant shall make the following changes to the common areas:
Within one year from the date of entry of the Consent Decree, the defendants shall make the following changes to the common areas:
Upon permission from the homeowners' association or when permitted by order of the Court, the defendant shall make the following changes to the common areas:
Upon permission from the homeowners' association or when permitted by order of the Court, defendant shall make the following changes to the common areas:
Dear Resident:
As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.
The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.
We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:
If you wish to have these changes made to your unit you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time during your lease within the next five (5) years.
A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have. Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.
Dear Resident:
As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.
The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.
We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:
If you wish to have these changes made to your unit you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time during your lease within the next five (5) years.
A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have.
Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.
Dear Owner:
As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.
The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.
We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:
If you wish to have these changes made to your unit, you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time within the next five (5) years.
A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have. Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.
Dear Owner:
As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.
The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.
We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:
If you wish to have these changes made to your unit you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time within the next five (5) years.
A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have. Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.
Name of Resident: ________________________
Mailing Address: ________________________
__________________________________________
Telephone Number: _______________________
I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:
| YES | NO | ||
| (Initial) | _____ | _____ | Modify toilet compartment to be compliant with ANSI A117.1 (Largo units only) |
| _____ | _____ | Relocate toilets to be 18" from its centerline to sidewall. |
_____________________
Signature of Resident
_____________________
Date
Name of Resident: ________________________
Mailing Address: ________________________
__________________________________________
Telephone Number: _______________________
I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:
| YES | NO | ||
| (Initial) | _____ | _____ | Lower exterior thresholds of primary entrance doors to ½" or less. |
| _____ | _____ | Widen door to master bathroom to create 32" clear opening. | |
| _____ | _____ | Modify toilet compartment in master bathroom to pony wall to be compliant with ANSI A117.1. (Two bedroom/two bathroom units only | |
| _____ | _____ | Lower thermostats to no higher than 48" from the floor. | |
| _____ | _____ | Provide a smaller capacity refrigerator to substitute for existing appliance to create a 60" turning radius in U-shaped kitchen. |
_____________________
Signature of Resident
_____________________
Date
Name of Resident: ________________________
Mailing Address: ________________________
__________________________________________
Telephone Number: _______________________
I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:
| YES | NO | ||
| (Initial) | _____ | _____ | Lower the thermostat to no more than 48" from the floor. |
| _____ | _____ | In Willow units ONLY: Relocate toilets to be 18" from its centerline to the sidewall. |
_____________________
Signature of Resident
_____________________
Date
Name of Resident: ________________________
Mailing Address: ________________________
__________________________________________
Telephone Number: _______________________
I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:
| YES | NO | ||
| (Initial) | _____ | _____ | Lower the thermostats to no higher than 48" from the floor. |
| _____ | _____ | Reverse swing direction on the door to the second bathroom. |
_____________________
Signature of Resident
_____________________
Date
1. Because defendant has not completed the retrofits required under this Consent Decree, the parties are unable to determine the exact amount such retrofits will cost. The amounts contained in this Consent Decree are good faith estimates of the costs of retrofitting the properties. The parties acknowledge that the amount specified in this section of the Consent Decree, as well as in Section II.B., does not represent either a minimum or maximum amount defendant shall pay to perform the retrofits and that the actual costs of retrofitting may exceed or be less than these good faith estimates.
2. For purposes of this Consent Decree, counsel for the United States is Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, P.O. Box 65998, Washington, D.C. 20035-5998. Reference should be made to DJ#s 175-46-76, 175-46-77, 175-46-78, 175-46-79.
Document Entered: February 28, 2001