James Goetz v. Goldbriar Cooperative Housing Association

04/24/2017
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 10-16-69736

HUD# 07-17-5295-8

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

RESPONDENTS

 

 GOLDBRIAR COOPERATIVE HOUSING ASSOCIATION

3011 Ingersoll Avenue

Des Moines, Iowa 50312

 

VENTURE MANAGEMENT, LLC

3011 Ingersoll Avenue

Des Moines, Iowa 50312

 

 

COMPLAINANT

 

JAMES GOETZ

 

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 disability.  He claims Respondents refused to transfer him to another location as a reasonable accommodation for his disability.  He also claims, after he moved out, Respondents unfairly charged him for additional rent, as well as cleaning and repair costs, all because of his disability.  Respondents own or manage the subject property, a 78-unit apartment complex located at 1050 Meadow Lane, Des Moines, Iowa 50315.   

 

Terms of Settlement:

 

A complaint having been filed by Complainant against Respondents with the Iowa Civil Rights Commission (hereinafter referred to as 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); 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 agree 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 § 216.11A.

 

Respondents agree the Fair Housing Act (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 803, 804, 805, or 806 of this title. 42 U.S.C. § 3618.

 

3.Respondents acknowledge the FHA and ICRA make it unlawful to refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling. 42 U.S.C. 3604(f)(3); Iowa Code § 216.8A(3)(c)(2).

 

4.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).

 

Respondents acknowledge the FHA 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, national origin, religion, disability, or familial status.  42 U.S.C. § 3604(b). 

 

Voluntary and Full Settlement

 

5.The parties acknowledge this 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.

 

6.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 his complaint are not fully meritorious.

 

7.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.

 

8.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.   

 

9.The parties acknowledge, if the Commission or the U.S. Department of Housing and Urban Development (HUD) has reasonable cause to believe that Respondents have breached this Agreement, the Commission may refer the matter to the Iowa Department of Justice - Office of the Attorney General, and HUD may refer the matter to the U.S. Department of Justice.

 

Disclosure

 

10.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

 

11.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 Posters

12.Within thirty (30) days of the execution of this Agreement, Respondents agree to place the Fair Housing Poster (English and Spanish) in their management offices in a conspicuous location, easily viewable to applicants and visitors. The Fair Housing Posters can be obtained online at:

 

•https://icrc.iowa.gov/sites/default/files/publications/2015/2015FairHousingPosterGeneral.pdf

•https://icrc.iowa.gov/sites/default/files/publications/2015/2015FHPosterGeneralSpanish.pdf

 

Respondents also agree to send documentation to the Commission verifying the Fair Housing Posters have been posted within ten (10) days of their placement.

 

Relief for Complainant

 

13. Respondents agree to dismiss all claims against Complainant for back rent, cleaning costs, or damages related to the subject property. Respondents agree not to pursue recovery in small claims court or in any other process or proceeding for back rent, cleaning costs, or damages related to the subject apartment (totaling $1,478.54).

Complainant agrees to pay the sum of $257.50 to Respondents at the rate of $50 per month until satisfied.  Complainant agrees to make the first payment on or before April 1, 2017.  Complainant agrees not to pursue recovery of his $370.00 rental deposit in small claims court or in any other proceeding.

 

Respondents agree and acknowledge that upon executing this Agreement, Complainant’s current account statement will reflect a $257.50 balance.

 

Within seven (7) days of receiving a Closure Letter from the Commission, Respondents will send a letter addressed to Complainant to the Commission verifying that Complainant’s Tenant Ledger Report reflects a $257.50 balance.  The Commission will then send a copy of the letter to Complainant.

 

Reporting and Record-Keeping

14. Respondents agree to send documentation to the Commission verifying the Fair Housing Posters have been displayed within ten (10) days of their placement in the management offices, as evidence of compliance with Term 12 of this Agreement.

 

15. Within seven (7) days of receiving a Closing Letter from the Commission, Respondents will send a letter addressed to Complainant to the Commission verifying Complainant’s Tenant Ledger Report reflects a $257.50 balance, as evidence of compliance with Term 12 of this Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Don Grove

Iowa Civil Rights Commission

Grimes State Office Building

400 East 14th Street

Des Moines, Iowa 50319

Don.Grove@Iowa.gov

 

 

 

 

 

 

__________________________________________________         _____________

Goldbriar Cooperative Housing Association, RESPONDENT                    Date

 

 

__________________________________________________         _____________

Venture Management, LLC, RESPONDENT         Date

 

 

__________________________________________________         _____________

James Goetz, COMPLAINANT                     Date

 

 

___________________________________________________         _____________

Kristin H. Johnson, DIRECTOR                Date

IOWA CIVIL RIGHTS COMMISSION