Kroymann v Eagle Property Management, et al.

12/03/2020
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 08-20-75553

HUD# 07-20-5567-8

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

 

RESPONDENTS

 

AKM PROPERTY MANAGEMENT, LLC

7707 Winston Drive NE

Cedar Rapids, IA 52402-6938

 

EAGLE PROPERTY MANAGEMENT

Angela FENGLIO

Mary Bolyard

349 Edgewood Road NW

Cedar Rapids, IA 52402-3649

 

 

COMPLAINANT

 

MIKAYLA KROYMANN

3918 21st Ave PL SW, Apt 2

Cedar Rapids, IA 52404-6303

 

and

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

Description of the Parties: Complainant is a person with a disability. Complainant alleges Respondents refused to allow her an assistance animal as a reasonable accommodation for her disability, refused to accept a letter from her caregiver verifying her need for the assistance animal. The subject property is a multi-unit apartment building located at 3918 21st Ave PL SW, Cedar Rapids, Iowa 52404.

 

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 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 Complainant 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.  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

 

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.

 

Fair Housing Training

 

12.       Respondents Angela Fenoglio and Mary Bolyard will receive training on the requirements of State and Federal Fair Housing Laws within 30 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 properties will receive training on the requirements of State and Federal Fair Housing Laws within 30 days of their date of hire or elected appointment.  The training shall be conducted by a qualified person, approved by the Commission or the U.S. Department of Housing and Urban Development. This includes a HUD produced video titled “The Basics of the Fair Housing Act” which can be accessed via YouTube at https://www.youtube.com/watch?v=egXPe7HT7tc.

 

Relief for Complainant

 

13.       Complainant shall be allowed to keep her assistance animal through the end of her current lease, and any subsequent month-to-month lease for the above-mentioned unit. So long as Complainant agrees to comply with all other terms of her leasing agreement.

14.       Respondent agrees to waive the previously assessed fines for lease violations related to the assistance animal.

Reporting and Record-Keeping

15.       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 or signed statement stating the time and location of their viewing of “The Basics of the Fair Housing Act” video, as evidence of compliance with Term 12 of this Agreement within ten (10) days of the completion of the training.

 

 

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

 

Amy Quail

Iowa Civil Rights Commission

Grimes State Office Building

400 East 14th Street

Des Moines, Iowa 50319

Amy.quail@iowa.gov 

Telephone: 515-725-1082

 

__________________________________________________        _____________

AKM PROPERTY MANAGEMENT, LLC, RESPONDENT          Date

 

 

__________________________________________________        _____________

EAGLE PROPERTY MANAGEMENT, RESPONDENT              Date

 

 

__________________________________________________        _____________

ANGLEA FENOGLIO, RESPONDENT                                         Date

 

 

__________________________________________________        _____________

MARY BOLYARD, RESPONDENT                                                Date

 

 

__________________________________________________        _____________

MIKAYLA KROYMANN, COMPLAINANT                                   Date

 

 

___________________________________________________      _____________

Elizabeth Johnson, EXECUTIVE DIRECTOR                                 Date

IOWA CIVIL RIGHTS COMMISSION