Parker v River Hills Apartments

01/13/2015
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 04-12-62373

HUD# 07-12-0444-8

 

PARTIES TO THE SETTLEMENT AGREEMENT:

 

 

RESPONDENTS

 

RIVER HILLS APARTMENTS

2930 Bell Avenue

Des Moines, IA 50321

 

DARWIN T. LYNNER COMPANY, INC.

2930 Bell Avenue

Des Moines, IA 50321

 

DARLENE CROOK

River Hills Apartments

700 East 5th Street

Des Moines, Iowa 50316

 

 

COMPLAINANT

 

SHONNA PARKER

 

AND

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

 

Description of the Parties: 

Complainant Shonna Parker alleged Respondents discriminated against her, due to her sex (female), by evicting her because of domestic violence incidents.  Respondents deny having discriminated against Complainant, but agree to settle this claim in the underlying action by entering into this Predetermination Settlement Agreement.  Respondents own or manage the subject property, a 235-unit apartment complex, located at 716 East 5th Street, Apartment 1, Des Moines, IA 50309.         

 

 

 

 

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 Complainant 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 Laws Act, as amended, makes it unlawful to discriminate against any person because of the person’s race, color, religion, sex, disability, familial status or national origin, in the terms, conditions, or privileges of the sale, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion, or interest in the real property or housing accommodation or in the provision of services or facilities in connection with the real property or housing accommodation.

42 U.S.C. 3604(b).

 

Respondents also acknowledge that the Iowa Civil Rights Act, as amended, makes it unlawful to discriminate against any person because of the person’s race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status of such person in the terms, conditions, or privileges of the sale, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion, or interest in the real property or housing accommodation or in the provision of services or facilities in connection with the real property or housing accommodation.  Iowa Code § 216.8(1)(b).

 

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 Predetermination Settlement 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 Predetermination Settlement 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 Settlement 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 terms of this Agreement shall be subject to public disclosure unless Complainants and Respondents agree otherwise, and the Commission determines that disclosure is not necessary to further the purposes of Iowa Code Chapter 216 relating to unfair or discriminatory practices in housing or real estate.

 

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, and with regard to any and all other matters, 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.            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.

Respondents also agree to send documentation to the Commission, verifying the posters have been placed, 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 Complainant will be allowed to visit her mother, Jonetta Singh, at 717 East 5th Street, Apartment 1, Des Moines, IA 50309.  Complainant agrees she will not stay overnight at 717 East 5th Street, Apartment 1, Des Moines, IA 50309.  The parties agree to treat each other with respect.  Respondents agree all tenant rules, regulations and lease agreements will be enforced fairly and without harassment or discrimination.  Complainant agrees to follow all the Respondents’ rules and regulation when she is visiting her mother at 717 East 5th Street, Apartment 1, Des Moines, IA 50309.

 

 

 

 

 

 

 

___________________________________________________        _____________

River Hills Apartments, RESPONDENT                                     Date

 

 

 

___________________________________________________        _____________

Darwin T. Lynner Company, Inc. RESPONDENT                   Date

 

 

 

___________________________________________________        _____________

Darlene Crook, RESPONDENT                                                     Date

 

 

 

___________________________________________________        ______________

Shonna Parker, COMPLAINANT                                                 Date

 

 

 

___________________________________________________        _____________

Beth Townsend, DIRECTOR                                                  Date

IOWA CIVIL RIGHTS COMMISSION