Saboor Ahmad v. Pace Properties, LLC

10/04/2017
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 07-17-70728

HUD# 07-17-7065-8

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

 

RESPONDENTS

 

PACE PROPERTIES, LLC

John Faselt

2566 Highway 1 SW

Iowa City, Iowa 52240

 

PACE PROPERTY MANAGEMENT

1321 Sunset Street Suite A

Iowa City, Iowa 52246

 

ROB ANDERSON

Pace Property Management 

1321 Sunset Street Suite A

Iowa City, Iowa 52246

 

 

COMPLAINANT

 

SABOOR AHMAD

460 Bradley Place Unit 10

North Liberty, Iowa 52317

 

and

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

 

Description of the Parties:  Complainant alleges discrimination in the area of housing on the basis of retaliation.  Complainant alleges Respondents refused to renew his lease in retaliation for his fiancée exercising her right to request a reasonable accommodation for her disability.   Respondents own or manage the subject property, a two-bedroom condominium located at 547 Potter Street, Tiffin, Iowa 52340.

 

A complaint having been filed by Complainant against Respondents with the Commission under Iowa Code Chapter 216 and there having been a preliminary inquiry, the parties do hereby agree and settle the above-captioned matter in the following extent and manner:

 

Acknowledgment of Fair Housing Laws

 

1.Respondents agree there shall be no discrimination, harassment, or retaliation of any kind against Complainant or any other person for filing a charge under the “Iowa Civil Rights Act of 1965” (ICRA); or because of giving testimony or assistance, or participating in any manner in any investigation, proceeding or hearing under the ICRA; or because of lawful opposition to any practice forbidden by the ICRA.  Iowa Code § 216.11(2).

 

2.Respondents acknowledge the ICRA makes it unlawful to discriminate in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of race, color, creed, sex, sexual orientation, gender identity, national origin, religion, disability, or familial status.  Iowa Code § 216.8(1)(b).

 

3.Respondents acknowledge the ICRA makes it unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 216.8, 216.8A, or 216.15A. Iowa Code § 216.11(A).

Respondents acknowledge the FHA makes it unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 of this title.  42 U.S.C. 3618.

Voluntary and Full Settlement

 

4.The parties acknowledge this Predetermination Settlement Agreement is a voluntary and full settlement of the disputed complaint.  The parties affirm they have read and fully understand the terms set forth herein.  No party has been coerced, intimidated, threatened or in any way forced to become a party to this Agreement.

 

5.The parties enter into this Agreement in a good faith effort to amicably resolve existing disputes.  The execution of this Agreement is not an admission of any wrongdoing or violation of law.  Nor is the execution of this Agreement an admission by Complainant that any claims asserted in her complaint are not fully meritorious.

 

6.The parties agree the execution of this Agreement may be accomplished by separate counterpart executions of this Agreement.  The parties agree the original executed signature pages will be attached to the body of this Agreement to constitute one document.

 

7.Respondents agree the Commission may review compliance with this Agreement.  And as part of such review, Respondents agree the Commission may examine witnesses, collect documents, or require written reports, all of which will be conducted in a reasonable manner by the Commission.   

 

Disclosure

 

8.Because, pursuant to Iowa Code §216.15A(2)(d), the Commission has not determined that disclosure is not necessary to further  the purposes of  the ICRA relating to unfair or discriminatory practices in housing or real estate, this Agreement is a public record and subject to public disclosure in accordance with Iowa’s Public Records Law, Iowa Code Chapter 22.  See Iowa Code §22.13.  

 

Release

 

9.Complainant hereby waives, releases, and covenants not to sue Respondents with respect to any matters which were, or might have been alleged as charges filed with the Iowa Civil Rights Commission, the Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, or any other anti-discrimination agency, subject to performance by Respondents of the promises and representations contained herein. Complainant agrees any complaint filed with any other anti-discrimination agency, including the Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, which involves the issues in this complaint, shall be closed as Satisfactorily Adjusted.

 

Fair Housing Training

 

10.Respondents agree Rob Anderson, John Faselt and each of Respondents’ current employees or agents who are involved in the management or operation of residential rental properties will receive training on the requirements of State and Federal Fair Housing Laws within 90 days of their receipt of a Closing Letter from the Commission.  The training will include an overview of fair housing law, but will emphasize the law regarding the prohibition of retaliation.  The training shall be conducted by a qualified person, approved by the Commission or the U.S. Department of Housing and Urban Development. 

 

Respondents also agree to send documentation to the Commission verifying the fair housing training has been completed within ten (10) days of completing the training.

 

Relief for Complainant

 

11.Within seven days of receiving a Closing Letter from the Commission, Respondents agree to pay Complainant the sum of $250.00 without any deductions.  Respondents agree the Settlement Check will be made out to Saboor Ahmad and mailed to him at the address listed on page one of this Agreement. 

Respondents also agree to send a copy of the Settlement Check to the Commission within seven (7) days of receiving a Closing Letter from the Commission.

 

 

 

 

 

Reporting and Record-Keeping

 

12.Respondents agree to send documentation to the Commission of objective evidence of the successful completion of fair housing training in the form of a Certificate or a letter from the entity conducting the training within ten (10) days of the completion of the training, as evidence of compliance with Term 10 of this Agreement.

13.Within seven days of receiving a Closing Letter from the Commission, Respondents agree to send a copy of the Settlement Check to the Commission, as evidence of compliance with Term 11 of this Agreement.

 

 

All required documentation of compliance must be submitted via email or U.S. Mail to:

Natalie Burnham

Iowa Civil Rights Commission

Grimes State Office Building

400 East 14th Street,

Des Moines, Iowa 50319

Natalie.Burnham@iowa.gov

 

 

 

 

 

_______________________________________________________________

Pace Properties, LLC, RESPONDENTDate

 

 

_______________________________________________________________

Pace Property Management, RESPONDENTDate

 

 

_______________________________________________________________

Rob Anderson, RESPONDENTDate

 

 

________________________________________________________________

Saboor Ahmad, COMPLAINANTDate

 

 

________________________________________________________________

Kristin H. Johnson, DIRECTOR         Date

IOWA CIVIL RIGHTS COMMISSION