FY12Confidential_20

03/06/2015
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

 

CP# 05-11-60813

HUD# 07-11-0583-8

 

 

PARTIES TO THE SETTLEMENT AGREEMENT:

 

 

RESPONDENTS

 

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COMPLAINANT

 

CHRISTY MACKEY

Grimes, Iowa 50111

 

AND

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

 

Description of the Parties: 

The Complainant alleged Respondents discriminated against her due to her race (African American) when they issued a three-day notice stemming from an altercation involving Complainant’s boyfriend (African American) and Caucasian tenants.  Respondents deny Complainant’s allegations. Respondents owned or managed the subject property located at REDACTED.  

 

A complaint having been filed by Complainant against Respondents with the Iowa Civil Rights Commission (hereafter 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 Law

 

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 Iowa Code Chapter 216; or because of giving testimony or assistance, or participating in any manner in any investigation, proceeding or hearing under Iowa Code Chapter 216; or because of lawful opposition to any practice forbidden under Iowa Code Chapter 216.

 

2.            Respondents acknowledge Federal and State Fair Housing Laws make it unlawful to  discriminate against any person because of the person’s race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status, in the terms, conditions, or privileges of the sale, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion, or interest in the real property or housing accommodation or in the provision of services or facilities in connection with the real property or housing accommodation.  42 U.S.C. 3604(b); Iowa Code § 216.8(1)(b).

 

Voluntary and Full Settlement

 

3.            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.

 

4.            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 by Respondents 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.

 

5.            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.

 

6.            Respondents agree the Commission may review compliance with this Agreement so long as Respondents still own or manage the subject property located at REDACTED.   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

 

7.            The parties agree the Commission may disclose the terms of this Agreement so long as the Commission does not disclose the identities of Respondents.

 

Release

 

8.            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, and with regard to any and all other matters, 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 Poster

 

9.            So long as Respondents still own or manage the subject property located at REDACTED, Respondents agree to place the federal Fair Housing Poster (English and Spanish) in each of their rental or leasing offices in a conspicuous location, easily viewable to tenants and prospective tenants.  Respondents also agree to send documentation to the Commission, verifying the posters have been placed, to the attention of Don Grove, Supervisor of Investigations, within ten (10) days of receiving a closing letter from the Commission. 

 

Relief for Complainant

 

10.          Respondents agree to release Complainant from the terms of her rental agreement effective July 1, 2011.  Respondents agree not to seek any monies from Complainant for terminating the rental agreement before its expiration date. 

 

11.          Respondents agree to waive the $1,134 Complainant owes Respondents for unpaid rent and late fees:  April 2011 rent ($371) May 2011 rent ($371), June 2011 rent ($371) and late fees ($21).  Respondents agree they will not pursue recovery of the $1,134 owed in small claims court or in any other process or proceeding.  Respondents hereby waive, release, and covenant not to sue Complainant with respect to unpaid rent or late fees concerning Complainants tenancy at REDACTED.

 

 

 

 

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REDACTED, RESPONDENT                                                  Date

 

 

 

___________________________________________________        _____________

REDACTED, RESPONDENT                                                  Date

By REDACTED

 

 

 

___________________________________________________        _____________

REDACTED, RESPONDENT                                                  Date

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___________________________________________________        ______________

Christy Mackey, COMPLAINANT                                          Date

 

 

 

___________________________________________________        _____________

Beth Townsend, DIRECTOR                                               Date

IOWA CIVIL RIGHTS COMMISSION

 

Monetary Value of the Settlement to Complainant:

Rs waive unpaid rental balance and late fees = $1,134

Total Value = $1,134