Lipski v Westpointe Owner, LLC

05/06/2021
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 04-21-76448

HUD# 07-21-7121-8

 

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

RESPONDENTS

 

WESTPOINTE OWNER, LLC

400 Locust Street, Suite 790

Des Moines, IA 50309-2347

 

BH MANAGEMENT SERVICES, LLC

400 Locust Street, Suite 790

Des Moines, IA 50309-2347

 

SUSIE CRAIG

WESTPOINTE

400 Locust Street, Suite 790

Des Moines, IA 50309-2347

 

 

 

COMPLAINANT

 

PATRICIA LIPSKI, COMMISSIONER

&

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

 

Description of the Parties: Complainant alleges a Hispanic tester and a Caucasian tester separately inquired about an apartment for rent and were subject to different terms and conditions based on race. The subject property is a multi- unit apartment complex located at 2510 Canterbury Road, Urbandale, IA 50322-4663.  

 

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 Westpointe Owner, LLC, and BH Management Services, LLC 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 Westpointe Owner, LLC, and BH Management Services, LLC 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 Westpointe Owner, LLC, and BH Management Services, LLC 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 Westpointe Owner, LLC, and BH Management Services, LLC 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).

 

 

Voluntary and Full Settlement

 

4.         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.

 

5.         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.

 

6.         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.

 

7.         Respondents Westpointe Owner, LLC, and BH Management Services, LLC 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

 

8.         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

 

9.         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

 

10.       Respondent Susie Craig 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.  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.

 

 

            Respondents also agree that all future employees, or agents who are directly involved in leasing to prospective tenants for properties located in the State of Iowawill 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 will include an overview of fair housing laws, but will emphasize the law regarding how to handle requests for reasonable accommodations from individuals with a disability.  Respondents have an existing program that shall satisfy this paragraph.  

 

Reporting and Record-Keeping     

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

 

 

__________________________________________________        _____________

WESTPOINTE OWNER, LLC, RESPONDENT                             Date

 

 

__________________________________________________        _____________

BH MANAGEMENT SERVICES, LLC, RESPONDENT               Date

 

 

__________________________________________________        _____________

SUSIE CRAIG, RESPONDENT                                                       Date

 

 

__________________________________________________        ______________

PATRICIA LIPSKI, COMMISSIONER,                                           Date

COMPLAINANT                              

 

 

___________________________________________________      _____________

CHARLES HILL, INTERIM EXECUTIVE DIRECTOR                Date

IOWA CIVIL RIGHTS COMMISSION