LaNeisa Davis v. Aeryk Morgan, Amanda Reiley, MJB Motels, LLC

10/17/2018
Document Text Content: 

 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 07-18-72319

 

HUD# 07-18-0035-8

 

 

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

 

 

RESPONDENTS

 

 

 

MJB MOTELS, LLC d/b/a AMERICAN INN

 

Ron White

 

3737 S. Elizabeth Street, Suite 103

 

Independence, MO 64057

 

 

 

AERYK MORGAN

 

American Inn

 

2717 S. 24th Street - Office

 

Council Bluffs, IA 51501-6950

 

 

 

AMANDA REILEY

 

American Inn

 

2717 S. 24th Street - Office

 

Council Bluffs, IA 51501-6950

 

 

 

 

 

COMPLAINANT

 

 

 

LANEISA DAVIS

 

5107 Brooklyn Avenue

 

Kansas City, MO 64130-2559

 

 

 

and

 

 

 

IOWA CIVIL RIGHTS COMMISSION

 

400 East 14th Street

 

Des Moines, Iowa 50319

 

 

 

Description of the Parties:   Complainant alleges discrimination in the area of housing on the basis of race (African American).  Complainant alleges discriminatory terms and conditions based on her race when Respondents failed to make timely repairs and terminated her tenancy.    Respondents deny having discriminated against Complainant, but agree to settle this claim in the underlying action by entering into this Predetermination Settlement Agreement. The subject property is a 180-unit long-term stay hotel complex, known as, American Inn, located at 2717 S. 24th Street, Council Bluffs, IA 51501-6950.

 

 

 

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) (§ 804 of the Fair Housing Act).

 

 

 

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 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.  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.         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

 

 

 

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, 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.          Within thirty (30) of the execution of this Settlement Agreement, Respondent agrees to place the Fair Housing Poster (English and Spanish) at the subject property, in a conspicuous location easily viewable to tenants and prospective tenants. The Fair Housing Posters can be obtained online at:

 

https://icrc.iowa.gov/sites/default/files/publications/2015/2015FairHousingPosterGeneral.pdf

 

https://icrc.iowa.gov/sites/default/files/publications/2015/2015FHPosterGeneralSpanish.pdf

 

Respondent agrees to send documentation to the Commission verifying the fair housing posters have been posted within ten (10) days of displaying the posters. “Documentation” may take the form of a photograph showing the poster has been placed.

 

Relief for Complainant

 

 

 

10.       Within seven (7) business days of receiving Complainant’s signed Settlement Agreement and an executed I.R.S. Form W-9 from Complainant, Respondents agree to pay Complainant SIX THOUSAND U.S. DOLLARS ($6,000.00) without any deductions and send said check to her via overnight mail.   Respondents agree the Settlement Check will be made out to LaNeisa Davis and sent to her at her address listed on page one of this Settlement Agreement.

 

 

 

Within seven days of receiving a Closing Letter from the Commission, Respondents agree to send a copy of the Settlement Check to the Commission.

 

 

 

 Reporting and Record-Keeping

 

 

 

11.       Respondents shall forward to the Commission objective evidence verifying the fair housing posters have been posted within ten (10) days of displaying the posters, as evidence of compliance with Term 10 of this Agreement. 

 

 

 

12.       Within seven (7) days of receiving a Closing Letter from the Commission, Respondents agree to send a copy of the Settlement Check to the Commission, as evidence of compliance with Term 10 of this Agreement. 

 

 

 

.

 

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

 

 

 

Sylvia Owens

 

Iowa Civil Rights Commission

 

Grimes State Office Building, 400 East 14th Street,

 

Des Moines, Iowa 50319

 

sylvia.owens@iowa.gov 

 

Telephone: 515-281-6434

 

 

 

 

 

 

 

 

 

__________________________________________________        _____________

 

MJB Motels, LLC d/b/a American Inn, RESPONDENT                  Date

 

 

 

 

 

__________________________________________________        _____________

 

Aeryk Morgan, RESPONDENT                                                         Date

 

 

 

 

 

__________________________________________________        _____________

 

Amanda Reiley, RESPONDENT                                                       Date

 

 

 

 

 

__________________________________________________        ______________

 

LaNeisa Davis, COMPLAINANT                                                      Date

 

 

 

 

 

___________________________________________________      _____________

 

Kristin H. Johnson, DIRECTOR                                                        Date

 

IOWA CIVIL RIGHTS COMMISSION