Reznicek

11/04/2014
Document Text Content: 

PREDETERMINATION SETTLEMENT AGREEMENT

 

CP# 11-13-65042

HUD# 07-14-0082-8

 

PARTIES TO THE SETTLEMENT AGREEMENT:

 

 

RESPONDENT

 

FRANK REZNICEK

421 West Lane Street

Centerville, Iowa 52544

 

 

COMPLAINANT

 

ANGELA WILLIAMS

Commissioner

Iowa Civil Rights Commission

400 East 14th Street

Des Moines, Iowa 50319

 

and

 

IOWA CIVIL RIGHTS COMMISSION

400 East 14th Street

Des Moines, Iowa 50319

 

 

 

Description of the Parties:  Complainant is a member of the Iowa Civil Rights Commission.  As a member, Complainant has the authority to file a complaint alleging a discriminatory practice in violation of the “Iowa Civil Rights Act of 1965,” Iowa Code Chapter 216.  Complainant alleged, on May 11, 2013, Respondent published an advertisement for a two-bedroom condo for rent that stated, “limit of two people.”  Per the City of Des Moines Municipal Code, Respondent’s 11’ x 9’ and 11’ x 11’ bedrooms could house two people per bedroom or a total of four people.  Complainant alleged Respondent’s policy of limiting occupancy to two people when it can house four persons is unreasonable and discriminatory because it adversely impacts families with minor children and makes an otherwise available unit unavailable based familial status.  Respondent owns and manages the subject property, a two-bedroom condo, located at 4230 Ingersoll Avenue, Unit 303 Des Moines, IA 50312.    

 

 

A complaint having been filed by Complainant against Respondent 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.            Respondent agrees 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.            Respondent acknowledges that the Federal Fair Housing Laws Act, as amended, makes it unlawful to refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion, or interest therein, to any person based on race, color, religion, sex, disability, familial status, national origin,, or an intention to make any such preference, limitation, or discrimination. 42 U.S.C. 3604(a) (Section 804(a) of the Fair Housing Act).

 

Respondent also acknowledges that the Iowa Civil Rights Act makes it unlawful to refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status of such person. Iowa Code § 216.8(1)(a).

 

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.            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

 

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 Training

 

9.            Respondent Frank Reznicek agrees he will receive training on the requirements of State and Federal Fair Housing Laws within 90 days of their receipt of a Closing Letter from the Commission.  The training will address all aspects of fair housing law, but will emphasize the law regarding the prohibition of discriminatory advertising and refusal to rent due to familial status.  The training shall be conducted by a qualified person, approved by the Commission or the U.S. Department of Housing and Urban Development.

 

Respondent also agrees to send documentation to the Commission, verifying the fair housing training has been completed, within ten (10) days of completing the training.

 

 

 

Future Advertising

 

10.          Respondent agrees he will only market the attributes and/or amenities of his rental properties.   Respondent agrees all future advertising in newspapers, pamphlets, brochures, other promotional literature, and on any Internet website will not state an occupancy standard that is more restrictive than the local occupancy code or that described in the Keating Memo (“Fair Housing Enforcement—Occupancy Standards; Notice of Statement of Policy (the Keating Memo),” 42 U.S.C. 3535(d), 112 Stat. 2461) which details that an occupancy standard must be carefully examined “to determine whether it operates unreasonably to limit or exclude families with children.” 

 

For 12 months following the execution of this Agreement, Respondent agrees all advertisements on any Internet website, pamphlets, brochures, flyers, yard signs and other promotional literature for all rental units, other than efficiency apartments, will include the following language:

“Families with children are welcome” 

 

For 12 months following the execution of this Agreement, Respondent agrees to send a copy of each advertisement with the above-stated language to the Commission within ten (10) days of first publishing the advertisement.  

 

Respondent acknowledges property owners, managers, and agents cannot discourage families with children from seeking or making application for available rental units by making any statement, verbal or written, that indicates families with children are not welcome or not solicited as tenants. 

 

11.          For 12 months following the execution of this Agreement, Respondent also agrees to retain copies of all advertising in newspapers and Internet websites,  pamphlets, brochures, and all other promotional literature (with the corresponding dates they were distributed) if requested by the Commission, Respondent agrees to provide copies of all advertising in newspapers and Internet websites, pamphlets, brochures, other promotional literature, for any particular period of time within the 12-month period stated above, within thirty (30) days of such request.

 

Demographics

 

12.          On an annual basis for the next two years, Respondent agrees to provide “tenant data” of all occupants at his rental properties to the Commission.  On or before April 1, 2014, and April 1, 2015, Respondent agrees to provide tenant data of all occupants as of March 1, 2014, and March 1, 2015.  Tenant data for each rental unit shall include: (1) the address and apartment number of each rental property; (2) the number of occupants residing at each apartment; and (3) the number of minor children (under the age of 18) living at each apartment.  

 

 

Reporting and Record-Keeping

 

13.          Respondent shall forward to the Commission objective evidence of the successful

completion of training, in the form of a Certificate or a letter from the entity conducting the training, within ten (10) days of the completion of the training, as evidence of compliance with Term 9 of this Agreement.

 

14.          For 12 months following the execution of this Settlement Agreement, Respondent agrees to send a copy of his first advertisement, with the language “Families with children are welcome,” to the Commission, within ten (10) days of distributing the advertisement, as evidence of compliance with Term 10 of this Agreement.

 

15.          On an annual basis for the next two years, Respondent agrees to provide “tenant data” of all occupants at his rental properties to the Commission.  On or before April 1, 2014, and April 1, 2015, Respondent agrees to provide tenant data of all occupants as of March 1, 2014 and March 1, 2015.  Tenant data for each rental unit shall include: (1) the address and apartment number of each rental property; (2) the number of occupants residing at each apartment; and (3) the number of minor children (under the age of 18) living at each apartment,  as evidence of compliance with Term 12 of this Agreement.

 

 

All required documentation of compliance must be submitted to:

 

Don Grove, Supervisor of Housing Investigations

Grimes State Office Building

400 East 14th Street,

Des Moines, Iowa 50319

 

 

 

___________________________________________________        _____________

Frank Reznicek, RESPONDENT                                                                    Date

 

 

___________________________________________________        ______________

Angela Williams, COMPLAINANT                                                                               Date

 

 

___________________________________________________        _____________

Beth Townsend, DIRECTOR                                                                                         Date

IOWA CIVIL RIGHTS COMMISSION

 

 

Attachment 1

 

Reasonable Accommodation Policy for Persons with Disabilities

 

 

If a tenant or someone associated with a tenant has a disability, he/she may request a reasonable accommodation.  Accommodations in rules, policies, practices, or services may be made when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

 

It is preferred that all requests for reasonable accommodations be submitted in writing to the Apartment Manager.  Forms to request reasonable accommodations are available in the rental or leasing office.  If a tenant or household member has difficulty completing the form, the Apartment Manager will assist him/her.  Oral requests for reasonable accommodations will be recorded and processed in accordance with this policy.

 

Within fourteen (14) days of receiving the request for reasonable accommodation, the Apartment Manager will notify the person making the request whether the request was granted or denied, or whether additional information is needed before a decision can be made.  If the request is denied, the Apartment Manager will include an explanation in the written notification.

 

If the request is denied, the affected tenant or household member may contact the Iowa Civil Rights Commission or the U.S. Department of Housing and Urban Development.

 

Iowa Civil Rights Commission

400 East 14th Street

Des Moines, Iowa 50319

515-281-4121 or 800-457-4416

 

U.S. Department of Housing and Urban Development

Office of Fair Housing & Equal Opportunity

400 State Avenue

Gateway Tower II

Kansas City, Kansas 66101

913-551-6958 or 800-743-5323

 

 

 

Attachment 2

 

Request for Reasonable Accommodation

 

If you, a member of your household, or someone associated with you has a disability, and feel that there is a need for a reasonable accommodation for that person to fully enjoy the premises or have equal opportunity to use and enjoy a dwelling unit or the public or common use areas, please complete this form and return it to your Apartment Manager.  Check all items that apply and explain fully.  The Apartment Manager will assist you in completing this form, and will answer this request in writing within two weeks (or sooner if the situation requires an immediate response).

 

Name of Tenant or Applicant:  __________________________

Today’s Date:  ________________

 

Signature of Tenant or Applicant:  __________________________

 

 

The person who has a disability requiring a reasonable accommodation is: 

Me

A person associated or living with me

 

Name of person with disability:  __________________________

Address:  ___________________________________________________

Telephone:  ________________

 

 

I am requesting the following change(s) in rule, policy, or practices so that I and persons associated or living with me can live here with equal opportunity to use and enjoy the premises. 

 

I need the following change(s):

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

 

I need this reasonable accommodation because:

 

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

 

__________________________           ________________

Requester                                                           Date

 

__________________________           ________________

Apartment Manager                                      Date

 

 

 

Attachment 3

 

 

Request for Reasonable Accommodation

 

 

[To be completed by Apartment Manager if Requester cannot or will not complete written form.]

 

 

On ________________, the undersigned Tenant or Applicant orally requested a reasonable accommodation.  He/she requested the following change(s) in rule, policy or practices:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

 

Signature of Tenant or Applicant:  __________________________

 

Name of Tenant or Applicant:  __________________________

Address: __________________________________________________

Date:  ________________

 

 

 

I, the undersigned, Apartment Manager of ________________ Apartments:

 

Gave the Tenant or Applicant the form, “Request for Reasonable Accommodation” and offered to assist in completing the form.

Granted the request.

Explained the request could not be evaluated until the following additional information is provided.

 

__________________________           ________________

Apartment Manager                                      Date

 

 

Attachment 4

 

Approval or Denial of Reasonable Accommodation Request

 

 

Dear: _______________________

Address: ___________________________________________________

 

 

On ________________, you requested the following reasonable accommodation:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

 

We have reviewed your request and we have decided:

 

To approve your request.  We will make the following change(s) in rule, policy or practices:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Date change(s) will be made: _______________________

 

To deny your request.  We denied your request because:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

In making this denial decision, we relied on information provided by the following people or documents:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

To seek further information from you about your request.  We cannot approve or deny your request without additional information or documentation.  Please provide:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

 

__________________________           ________________

Apartment Manager                                      Date