FY2013Confidential_14

01/09/2015
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 11-12-63374

HUD# 07-12-0137-8

 

 

PARTIES TO THE SETTLEMENT AGREEMENT:

 

RESPONDENTS

 

REDACTED

REDACTED

REDACTED

 

REDACTED

REDACTED

REDACTED

 

REDACTED

REDACTED

REDACTED

 

 

COMPLAINANT

 

CHELSEA LONSDALE

705 10th Street

Dallas Center, IA 50063-2032

 

 

AND

 

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

 

Description of the Parties:  Complainant alleges Respondents are refusing to rent to her because of her familial status, and therefore making their rental unit unavailable to people with children. Respondents deny discrimination in housing based on familial status, and state they did not rent to Complainant because they did not think she could afford the rent. Respondents own and manage the subject property, a REDACTED -unit apartment building 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 Complainants 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 that the Federal Fair Housing Act, as amended, make it unlawful to refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, sex, religion, national origin, or familial status of such person. 42 U.S.C. 3604(a).

 

Respondents also acknowledge that the Iowa Civil Rights Act, as amended, makes it unlawful to refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise

make unavailable, or deny any real property or housing accommodation or part, portion,

or interest therein, to any person because of the race, color, creed, sex, sexual orientation,

gender identity, religion, national origin, disability, or familial status of such person. Iowa Code 216.8(1)(a).

 

Voluntary and Full Settlement

 

3.            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.

 

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 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.

 

5.            The parties agree the execution of this Agreement may be accomplished by separate counterpart executions of this Agreement and that scanned or faxed signatures shall be deemed sufficient and treated as original signatures.  The parties agree the 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.  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 the Respondents.

 

Release

 

8.            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, and with regard to any and all other matters, subject to performance by Respondents of the promises and representations contained herein. Complainants agree 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.            Respondents will place the federal Fair Housing Poster (English and Spanish) in the common hallway of each of their rental buildings in a conspicuous location, easily viewable to tenants and prospective tenants.

 

Respondents also agree to send documentation to the Commission, verifying the placement of the posters, to the attention of Don Grove, Supervisor of Investigations, within ten (l0) days of receiving a Closing Letter from the Commission.

 

Relief for Complainant

 

10.          Respondents agree to pay Complainant the sum of One Thousand Dollars ($1,000.00), less no deductions.  Respondents agree to send the check to Complainant at her address at 705 10th Street, Dallas Center, IA 50063-2032 within seven (7) days of Respondents’ receipt of a Closing Letter from the Commission.  Respondents also agree to send a copy of the check to the Commission, to the attention of Don Grove, Supervisor of Investigations, within seven (7) days of Respondents’ receipt of a Closing Letter from the Commission.

 

 

Signatures on Following Page (Page 4)

 

 

 

 

_____________________________________________        ___                        _

REDACTED, RESPONDENT                             Date

 

 

 

_____________________________________________        _____________

REDACTED, RESPONDENT                             Date

 

 

 

_____________________________________________        _____________

REDACTED, RESPONDENT                             Date

 

 

 

____________________________________                                ______________

Chelsea Lonsdale, COMPLAINANT                           Date

 

 

 

___________________________________                                   _____________

Beth Townsend, DIRECTOR                         Date

IOWA CIVIL RIGHTS COMMISSION