Butler v K & E Family Farms, LLC - 74258

08/19/2020
Document Text Content: 

 

PREDETERMINATION SETTLEMENT AGREEMENT

 

 

 

CP# 11-19-74258

 

HUD# 07-20-3166-8

 

 

 

 

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

 

 

 

 

RESPONDENTS

 

 

 

K & E FAMILY FARMS, LLC

 

944 South 6th Avenue

 

Washington, Iowa 52353-9280

 

 

 

SUSAN E. ENGLISH

 

944 South 6th Avenue

 

Washington, Iowa 52353-9280

 

 

 

COMPLAINANTS

 

 

 

MELINDA & TONY BUTLER

 

320 Main Street

 

P.O. Box 465

 

Hills, Iowa 52235-0465

 

 

 

and

 

 

 

IOWA CIVIL RIGHTS COMMISSION

 

400 East 14th Street

 

Des Moines, Iowa 50319

 

 

 

 

 

Description of the Parties: Complainants allege discrimination in the area of housing on the basis of disability. Complainants alleges they were not offered an application nor showed the property due to Complainant Melinda Butler’s disability. They further allege that Respondent Susan English said, “The house would not work for you because of your disability.”

 

 

 

Terms of Settlement: A complaint having been filed by Complainants 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 Complainants 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).

 

 

 

Respondents acknowledge that the Federal Fair Housing Act, as amended, 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 therewith, because of the person’s race, color, religion, sex, disability, familial status, national origin, or disability.

 

42 U.S.C. 3604(b), 3604(f)(2) (§ 804 of the Fair Housing Act).

 

 

 

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 and to the extent that the accommodation does not cause undue financial or administrative burden or fundamentally alter the nature of the provider’s operations. 42 U.S.C. 3604(f)(3)(b) (§ 804(f)(3)(b) of the Fair Housing Act); Iowa Code § 216.8A(3)(c)(2).

 

 

 

4.         Respondents acknowledge the FHA and ICRA make it unlawful to discriminate against another person 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 a disability.

 

42 U.S.C. 3604(f)(2)(a) (§ 804(f)(2)(a) of the Fair Housing Act); Iowa Code § 216.8A(3)(b)(1).

 

 

 

5.         Respondents acknowledge their obligation under the FHA and ICRA to allow assistance animals as a reasonable accommodation when necessary to permit an individual with a disability equal opportunity to use and enjoy a dwelling. See Iowa Code §§ 216.8B, .8C.

 

 

 

Voluntary and Full Settlement

 

 

 

6.         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.

 

 

 

7.         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 Complainants that any claims asserted in their complaint are not fully meritorious.

 

 

 

8.         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.

 

 

 

9.         Respondents agree the Commission may review compliance with this Agreement.  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

 

 

 

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.       Complainants hereby waive, release, and covenant 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

 

 

 

12.       Susan English, 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 6 months of their receipt of a Closing Letter from the Commission.  Respondents also agree all future 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 30 days of their date of hire.  The training will include an overview of fair housing laws, but will emphasize the law regarding how to handle requests for reasonable accommodations from individuals with a disability.  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 Complainants

 

 

 

13.       Within seven days of the date on the Commission’s Closing Letter, Respondents agree to pay Complainants $1,000.00 without any deductions.  Respondents agree the Settlement Check will be made out to Melinda & Tony Butler and sent to them at the address listed on page one of this Agreement.

 

 

 

Within seven days of receiving a Closing Letter from the Commission, Respondents agree to send a copy of the Settlement Check to the Commission.

 

 

 

 Reporting and Record-Keeping

 

14.       Respondents shall forward to the Commission 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 12 of this Agreement.

 

 

 

15.       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 13 of this Agreement.

 

 

 

 

 

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

 

 

 

Dean Meester

 

Iowa Civil Rights Commission

 

Grimes State Office Building

 

400 East 14th Street

 

Des Moines, Iowa 50319

 

dean.meester@iowa.gov 

 

Telephone: 515-281-3001

 

 

 

 

 

 

 

__________________________________________________        _____________

 

K & E Family Farms, LLC, RESPONDENT                                    Date

 

 

 

 

 

__________________________________________________        _____________

 

Susan E. English, RESPONDENT                                                     Date

 

 

 

 

 

__________________________________________________        ______________

 

Melinda Butler, COMPLAINANT                                                      Date

 

 

 

 

 

__________________________________________________        ______________

 

Tony Butler, COMPLAINANT                                                          Date

 

 

 

 

 

___________________________________________________      _____________

 

Elizabeth Johnson, EXECUTIVE DIRECTOR                                 Date

 

IOWA CIVIL RIGHTS COMMISSION