Diebold v Lublin Properties, LLC - 74486

08/19/2020
Document Text Content: 

 

PREDETERMINATION SETTLEMENT AGREEMENT
 
CP# 12-19-74486
HUD# 07-20-3529-8
 
 
PARTIES TO THE SETTLEMENT AGREEMENT
 
 
RESPONDENTS
 
LUBLIN PROPERTIES, LLC
404 E College St., Ste 1501
Iowa City, Iowa 52240-1859
 
HERITAGE PROPERTY MANAGEMENT-AV, INC
220 E Market St
Iowa City, Iowa 52245-2163
 
LARRY JOSEPH BAXTER
Penn Village Apartments
50 Village Drive, Apt 3
North Liberty, Iowa 52317-9756
 
 
COMPLAINANT
 
MEREDITH DIEBOLD
Penn Village Apartments
30 Village Drive, Apt 1
Waukee, Iowa 50263-8403
 
and
 
IOWA CIVIL RIGHTS COMMISSION
400 East 14th Street
Des Moines, Iowa 50319
 
 
Description of the Parties: Complainant is female. She alleges Respondent Baxter called her “pretty lady” on multiple occasions and asked if he could be her “sugar daddy,” and offered her money in exchange for sexual favors. Complainant reported these incidences to Respondents Lublin Properties, LLC and Heritage Property Management-AV, Inc., who investigated, but determined that it was a he said/she said scenario and nothing could be done. Complainant alleges Respondent Baxter’s conduct constitutes hostile environment sexual harassment and has interfered with her right to discrimination-free housing
 
Terms of Settlement: 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).
 
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) §.


 

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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 Complainant that any claims asserted in her 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.       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.
 
Relief in the Public Interest
 
12.       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.  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 allegations of sexual harassment.  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 certification of the completion of the fair housing training within ten (10) days of completing the training.
 
Relief for Complainant
 
13.       Respondent Larry Joseph Baxter agrees to retire from his employment at the subject property, effective no later than March 1, 2020. He also agrees to lease a home outside the subject property no later than March 1, 2020. Finally, Baxter agrees that he will make a good faith efforts to avoid all future contact with Complainant.
Within ten days of securing housing outside the subject property, Respondent Baxter agrees to send evidence, confirming the alternative housing, to the Commission.

 


Reporting and Record-Keeping
14.       Respondents shall forward to the Commission certification of the successful completion of the fair housing training, in the form of a letter, within ten (10) days of the completion of the training, as evidence of compliance with Term 12 of this Agreement.
 
15.       Within ten days of securing housing outside the subject property, Respondent Baxter agrees to send evidence, confirming the alternative housing, 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
 
 
 
__________________________________________________        _____________
Lublin Properties LLC, RESPONDENT                                            Date
 
 
__________________________________________________        _____________
Heritage Property Management-AV, Inc, RESPONDENT                 Date
 
 
__________________________________________________        _____________
Larry Joseph Baxter, RESPONDENT                                                Date
 
 
__________________________________________________        ______________
Meredith Diebold, COMPLAINANT                                                 Date
 
 
___________________________________________________      _____________
Elizabeth Johnson, EXECUTIVE DIRECTOR                                 Date
IOWA CIVIL RIGHTS COMMISSION