Robinson v Terhark - 74250

08/19/2020
Document Text Content: 

 

PREDETERMINATION SETTLEMENT AGREEMENT

 

 

 

CP# 11-19-74250

 

HUD# 07-20-3130-8

 

 

 

PARTIES TO THE SETTLEMENT AGREEMENT

 

 

 

 

 

RESPONDENTS

 

 

 

JEREMIAH J. TERHARK

 

5907 Meredith Dr., Ste. A

 

Urbandale, IA 50322

 

 

 

KAREN E. TERHARK

 

5907 Meredith Dr., Ste. A

 

Urbandale, IA 50322

 

 

 

TERHARK PROPERTIES LLC

 

5907 Meredith Dr., Ste. A

 

Urbandale, IA 50322

 

 

 

 

 

COMPLAINANT

 

 

 

JAMES K. ROBINSON

 

500 5th Ave, Apt 10D

 

Altoona, Iowa 50009

 

 

 

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 his disability. Complainant alleges Respondent Property Manager and Owner Jeremiah Terhark  served him with a 30-days’ notice of termination of tenancy due to fears or stereotypes about his disability. On September 2, 2019, Terhark called Complainant’s sister and told her he was terminating Complainant’s tenancy because he was afraid that in case of fire Complainant would not be able to get out of the building. Complainant alleges Respondents terminated his tenancy, effective October 31, 2019, because of his disability, which constitutes disability-based discrimination. 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 multifamily property located at 409 4th Street NE, Apartment 4, Mitchellville, Iowa 50169-8401.

 

 

 

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) §.

 

 

 

3.         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)(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 his 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 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.

 

 

 

Termination of Tenancy and Security Deposit

 

 

 

10.       Complainant acknowledges and agrees that his tenancy was terminated effective Monday, November 25, 2019 when he left the subject property, and turned his keys into the dropbox at the subject property. Any and all personal belongings, property, or other items left at the subject property by Complainant are abandoned, and by Complainant’s signature below he acknowledges that Respondents may dispose of the same and further releases Respondents from any claims associated therewith.

 

 

 

Complainant further acknowledges that Respondents are entitled to retain the full balance of his security deposit of $450.00 for repairs to the property, and to cover costs of the removal and disposal of personal property and trash left behind by Tenant. Complainant specifically releases and discharges Respondents form any obligations under Iowa Code Chapter 562A relating to the disposition and retention of the security deposit, and covenants not to pursue any such claims against Respondents. 

 

 

 

Fair Housing Training

 

 

 

11.       Respondents agree each of Terhark Properties, LLC, current employees or agents who are presently, or may in the future be, involved in the management or operation of residential housing 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 include an overview of fair housing laws, but will emphasize the law regarding non-discriminatory treatment of individuals with disabilities.  The training shall be conducted by a qualified person, approved by the Commission or the U.S. Department of Housing and Urban Development.

 

 

 

Respondents also agree to send documentation to the Commission verifying the fair housing training has been completed within ten (10) days of completing the training

 

 

 

Fair Housing Poster

 

 

 

12.       Within thirty (30) of the execution of this Settlement Agreement, Respondents agree to place the Fair Housing Poster (English and Spanish) at their management office or the subject property for a period of six (6) months. The Fair Housing Posters can be obtained online at:

 

 

 

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

 

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

 

 

 

Respondents agree to send documentation to the Commission verifying the fair housing posters have been posted within ten (10) days of displaying the posters.

 

 

 

Relief for Complainant

 

 

 

13.       Within seven days of receiving a Closing Letter from the Commission, Respondent Terhark Properties, LLC agrees to pay Complainant one thousand and four hundred dollars ($1,400.00) without any deductions. Respondent agrees the Settlement Check will be made out to James Robinson and mailed to him via certified mail to the address on the cover page of this 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

 

 

 

14.       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 within ten (10) days of the completion of the training, as evidence of compliance with Term 10 of this Agreement.

 

 

 

15.       Within thirty (30) days of the execution of this Settlement Agreement, Respondents shall submit objective evidence that Respondents have displayed the fair housing posters, in compliance with Term 11 of this Agreement.

 

 

 

16.       Within seven 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 12 of this Agreement.

 

 

 

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

 

 

 

Dean Meester

 

Iowa Civil Rights Commission

 

Grimes State Office Building

 

400 East 14th Street

 

Des Moines, Iowa 50319

 

dean.meester@iowa.gov 

 

Telephone: 515-281-3001

 

 

 

 

 

 

 

__________________________________________________        _____________

 

Jeremiah Terhark, RESPONDENT                                                    Date

 

 

 

 

 

__________________________________________________        _____________

 

Karen Terhark, RESPONDENT                                                        Date

 

 

 

 

 

__________________________________________________        _____________

 

Terhark Properties, LLC, RESPONDENT                                         Date

 

 

 

 

 

__________________________________________________        ______________

 

James Robinson, COMPLAINANT                                                    Date

 

 

 

 

 

___________________________________________________      _____________

 

Elizabeth Johnson, EXECUTIVE DIRECTOR                                 Date

 

IOWA CIVIL RIGHTS COMMISSION