Irving Point, LP

11/04/2014
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 01-14-65251 HUD# 07-14-0189-8

 

PARTIES TO THE SETTLEMENT AGREEMENT:

 

RESPONDENTS

 

IRVING POINT, LP

319 E Washington Street

Iowa City, IA52244-3967

 

KEYWAY MANAGEMENT

1200 Valley West Drive, Suite 108

West Des Moines, IA50266-1902

 

TINA PERRY

Irving Point Assisted Living

910 7th Street SE

Cedar Rapids, IA 52401-2400

 

COMPLAINANT

 

JEAN HARRYMAN

910 7th Street SE, Apartment 101

Cedar Rapids, IA 52401-2400

 

AND

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

Description of the Parties:  Complainant alleged Respondents failed to provide a reasonable accommodation by refusing to waive their “no-pets” policy for an assistance animal (cat) and this resulted in different terms and conditions of rental.  Respondent owns or manages the subject property, a 55-unit apartment building, located at 910 7th Street SE, Cedar Rapids, Iowa 52401-2400.           

 

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.            Respondent agrees 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.            Respondent acknowledges 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).

 

3.            Respondent acknowledges the Federal Fair Housing Act (FHA) and the ICRA make it unlawful to discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability.  42 U.S.C. 3604(f)(1)(a); Iowa Code § 216.8A(3)(a)(1).

 

4.            Respondent acknowledges the Fair Housing Act (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); Iowa Code § 216.8A(3)(c)(2).

 

5.            Respondent acknowledges 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); Iowa Code § 216.8A(3)(b)(1).

 

6.            Respondent acknowledges 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.  Assistance animals - defined as service animals, emotional support animals, or companion animals – are not considered pets under the FHA and ICRA and cannot, therefore, be subjected to pet fees or pet deposits. 

 

Respondent acknowledges that allowing an assistance animal qualifies as a reasonable accommodation if the animal is needed to assist an individual with a disability as required by law. Under the FHA and ICRA, an assistance animal qualifies as a reasonable accommodation if the animal provides assistance or performs tasks for the benefit of the individual with a disability, such as guiding visually impaired individuals, alerting hearing impaired individuals to sounds and noises, providing protection or rescue assistance, pulling a wheelchair, seeking and retrieving items, alerting individuals to impending seizures, and providing emotional support to persons who have a disability and a need for such support.  

 

Housing providers cannot restrict the type of dog, size or weight of assistance animals and cannot require special tags, equipment, certification or special identification of assistance animals.   

 

Respondent acknowledges they will consider each tenant or prospective tenant’s situation and accommodation request individually to determine if the requested accommodation is reasonable.  The parties acknowledge that if the disability is not known or obvious, Respondent may make a reasonable inquiry and request documentation from a health care provider that verifies the tenant/prospective tenant’s disability, without seeking or collecting information regarding the nature of the disability.  In addition, Respondent may make reasonable inquiry and request documentation from a health care provider that verifies the tenant or prospective tenant’s need for the accommodation, i.e., the relationship between the person’s disability and the need for the requested accommodation. 

 

Respondent acknowledges a housing provider can deny a request for a reasonable accommodation if it would impose an “undue financial and administrative burden” or it would “fundamentally alter the nature of the provider’s operations.”  “The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.”   Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Accommodations under the Fair Housing Act, May 17, 2004.

 

Voluntary and Full Settlement

 

7.            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.

 

8.            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.

 

9.            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.

 

10.          Respondent agrees the Commission may review compliance with this Agreement.  And as part of such review, Respondent agrees 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

 

11.          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

 

12.          Complainant hereby waives, releases, and covenants not to sue Respondent 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 Respondent 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

 

13.          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. Fair Housing Posters in English may be obtained online from the Commission’s website at http://www.state.ia.us/government/crc/docs/fair_housing_poster_july_2008.pdf and the corresponding version in Spanish may be obtained at http://www.state.ia.us/government/crc/docs/fair_housing_spanish_july08.pdf.

 

Respondents also agree to send documentation to the Commission, verifying the posters have been placed, with the address of each apartment complex where the posters are displayed, to the attention of Don Grove, Supervisor of Investigations, within ten (l0) days of receiving a Closing Letter from the Commission

 

 

Relief for Complainant

 

14.          Respondents agree to waive their “no-pets” policy as a reasonable accommodation and allow Complainant to keep her assistance animal (cat).  Respondents agree all tenant rules, regulations and lease agreements will be enforced fairly and without harassment, discrimination or retaliation.  Complainant agrees to follow the terms of her lease agreement and all of the Respondents’ rules and regulations. Complainant agrees she is solely responsible for the conduct of her assistance animal. 

 

 

 

 

 

IRVING POINT, Limited Partnership

 

___________________________________________________        _____________

By:  Robert P. Burns,                                                                                                       Date

        Manager of Sagamore Development, LLC,

        General Partner,

RESPONDENT                   

 

 

KEYWAY MANAGEMENT COMPANY, LLC,

 

___________________________________________________        _____________

By:  Ron DuPuy, CEO,                                                                                     Date

RESPONDENT

 

 

___________________________________________________        _____________

TINA PERRY (A.K.A STREEVY), RESPONDENT                        Date

 

 

___________________________________________________        ______________

JEAN HARRYMAN, COMPLAINANT                                                           Date

 

 

 

IOWA CIVIL RIGHTS COMMISSION

 

___________________________________________________        _____________

By:  Beth Townsend, DIRECTOR                                                                 Date