The United States Department of Justice Department of Justice SealF The United States Department of Justice
Search The Site
 

HCE Cases black banner

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION

UNITED STATES OF AMERICA,

          Plaintiff,

v.

Case No. 02-2266

CONSENT ORDER

JAMES P. BRAY and CYNTHIA PIPKIN-
DOYLE, as Administrator of the Estate
of Carter Doyle,

           Defendants.

I.     INTRODUCTION

A. Background

1. This Consent Order resolves the above-captioned case brought by the United States against defendants James P. Bray and Cynthia Pipkin-Doyle, as Administrator of the Estate of Carter Doyle. Mr. Bray is the owner, manager, and developer of the John Randolph Atrium Apartments ("the subject property") in Champaign, Illinois. Carter Doyle served as the architect of the subject property and was originally named as a defendant. Mr. Doyle died in December 2003. On March 2, 2004, the Court entered an Order substituting as a defendant Cynthia Pipkin-Doyle, as the administrator of Mr. Doyle's estate, for Mr. Doyle.

2. On December 18, 2002, the United States commenced this action on behalf of Andrew Schmidt ("the Aggrieved Party") pursuant to the Fair Housing Act, 42 U.S.C. § 3612(o), and under the provisions of 42 U.S.C. § 3614(a), which authorize the Attorney General to initiate litigation under the Act when he has reasonable cause to believe that persons have engaged in a pattern or practice of discrimination or they have denied rights under the Act to a group of persons raising an issue of general public importance. Specifically, the United States alleges that the originally named Defendants had discriminated against persons with disabilities, including Mr. Schmidt, by failing to design and construct the subject property with the features of accessible and adaptable design required by the Fair Housing Act, 42 U.S.C. §3604(f)(3)(C), and its implementing regulations.

The United States and Defendants (together "the Parties") agree that the subject property must comply with the design and construction requirements of the Act.

B. Relevant Requirements of the Fair Housing Act

3. In 1988, Congress amended the Fair Housing Act to prohibit discrimination in housing on the basis of disability and defined "discrimination" to include the failure to design and construct multifamily dwellings covered by the Act with certain basic features of accessible and adaptable design to make such units usable by a person who is or who becomes disabled. 42 U.S.C. § 3604(f)(3)(C).1 The Act provides that, for non-elevator residential buildings with four or more dwelling units, all ground-floor units that are designed and constructed for first occupancy after March 13, 1991, are "covered units." 42 U.S.C. § 3604(f)(7)(B). The subject property consists of a single building with 36 dwelling units on three floors. Because there is no elevator in the building, only twelve of the units are "covered multifamily dwelling units" within the meaning of 42 U.S.C. § 3604(f)(7)(B). These units, as well as the public and common use areas of the subject property, are subject to the design and construction requirements of the Act. 42 U.S.C. § 3604(f)(3)(C).

4. The features of accessible and adaptable design required by the Fair Housing Act include: (a) public use and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors designed to allow passage into and within all premises that are sufficiently wide to allow passage by persons in wheelchairs; (c) an accessible route into and through the dwelling; (d) light switches, electrical outlets, thermostats, and environmental controls in accessible locations; (e) reinforcements in the bathroom walls to allow the later installation of grab bars; and (f) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. 42 U.S.C. § 3604(f)(3)(C).

5. The United States alleges that, as designed and constructed, the "covered units" at the subject property as well as its public and common use areas do not include all of the features of accessible and adaptable design required by the Fair Housing Act. The United States further alleges that the originally named Defendants discriminated in the rental of, or otherwise made unavailable or denied, dwellings to persons because of disability in violation of 42 U.S.C. § 3604(f)(1) and discriminated against persons in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection with a dwelling, because of disability in violation of 42 U.S.C. § 3604(f)(2).

C. Consent of the Parties to Entry of This Order

6. The Parties agree that this Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C. § 1345 and 42 U.S.C.§§ 3612(o) and 3614(a). The Parties further agree that the controversy should be resolved without further proceedings or an evidentiary hearing.

7. As indicated by the signatures below, all parties agree to the entry of this Consent Order.

Therefore, it is hereby ORDERED, ADJUDGED and DECREED:

II.     GENERAL INJUNCTION

9. Defendant Bray, his officers, employees, agents, successors and assigns, and all other persons in active concert or participation with them are enjoined from discriminating on the basis of disability, as prohibited by the Fair Housing Act 42 U.S.C. §§ 3604(f)(1), (2), and (3)(C), including the following actions:

  1. Discriminating in the rental, or otherwise making unavailable or denying, a dwelling to any renter because of a disability of that renter, a person residing in or intending to reside in that dwelling after it is so rented or made available, or any person associated with that renter;

  2. Discriminating against any person in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of that person, or a person residing in or intending to reside in that dwelling after it is so rented or made available, or any person associated with that person; and

  3. Designing and constructing covered multifamily dwellings in such a manner that they do not comply with the requirements of the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(c).

III.    RETROFIT OF GROUND FLOOR UNITS AND PUBLIC AND COMMON USE AREAS AT THE SUBJECT PROPERTY

9. To address the alleged violations of the accessibility and adaptability standards of the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(C), Defendants jointly agree to take the corrective actions described in this section and Appendices A and B. Defendants' preliminary estimate is that these corrective actions will cost approximately $175,000 plus architect's fees.

10. As soon as reasonably possible after entry of the Consent Order, but in any event not more than 12 months from the date of its entry, Defendants shall complete the retrofits to the ground floor units and public and common use areas of the subject property that are set forth in Appendices A and B. Defendants shall pay all expenses associated with these modifications and both they and their contractors shall attempt, in good faith, to minimize any inconvenience to the residents of the subject property.

11. Upon reasonable notice to Defendant Bray, representatives of the United States shall be permitted to inspect the modifications made by Defendants in accordance with this Consent Order to ensure compliance; provided, however, that the United States shall endeavor to minimize any inconvenience caused by such inspections.

12. The sale or transfer of ownership, in whole or in part, of the subject property shall not affect Defendant Bray's continuing obligations to retrofit the subject property as specified in this Consent Order. Should Defendant Bray decide to sell or transfer ownership, in whole or in part, of the subject property or any portion thereof prior to the completion of the retrofits specified in Appendices A and B, he shall, at least 30 days prior to completion of the sale or transfer, (a) provide to each prospective buyer written notice that the subject property is subject to this Consent Order, including specifically Defendant's obligations to complete required retrofit work and to allow inspections, along with a copy of this Consent Order; and (b) provide to the United States, by facsimile and first class mail, written notice of his intent to sell or transfer ownership, along with a copy of the notice sent to each buyer, and each buyer's name, address and telephone number.

13. In the event that a resident of a unit that is scheduled to undergo such retrofit is required, as a result of such modifications, to leave the unit for more than 24 hours consecutively, Defendants will pay such resident the applicable federal government per diem rate for food and lodging for the local area2 for each day that the resident is required to leave the unit. Such payment shall be made prior to the commencement of any retrofit work on the resident's unit, so that the resident can use the money to obtain alternative living accommodations while dislocated.

14. Defendant Bray may not charge any additional rent, deposit or other fee for the units in which retrofits are implemented solely because of the contemplated or completed retrofits.

IV.    NONDISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

15. For the duration of this Consent Order, Defendant Bray shall maintain, and provide to the United States upon request, the following information and statements regarding any covered, multifamily dwellings intended to be developed, built, designed, and/or engineered in whole or in part, by him or by any entities in which he has a position of control as an officer, director, member, or manager, or have a fifty-percent (50%) or larger ownership share:

(1) the name and address of the project;
(2) a description of the project and the individual units;
(3) the name, address, and telephone number of the site engineer involved with the project;
(4) a statement from the site engineer involved with the project acknowledging and describing his/her knowledge of and training in the requirements of the Fair Housing Act and the ADA and in the field of accessible site design and certifying that he/she has reviewed the engineering documents for the project and that, to the best of his/her knowledge, the design specifications therein fully comply with the applicable requirements of the Fair Housing Act, the Guidelines, the ADA, and ADAAG;
(5) the name, address and telephone number of the architect involved with the project; and
(6) a statement from the architect acknowledging and describing his/her knowledge of and training in the requirements of the Fair Housing Act and the ADA and in the field of accessible building and housing design and certifying that he/she has reviewed the architectural plans for the project and that, to the best of his/her knowledge, design specifications therein fully comply with the applicable requirements of the Fair Housing Act, the Guidelines, the ADA, and ADAAG. If the engineering documents or architectural plans are revised, and the revisions could have any impact on the accessibility of the dwellings or complex, Defendant Bray shall obtain and maintain (and provide to the United States upon request) a statement from the site engineer or architect, as applicable, that all specifications in the revised engineering documents or architectural plans, as pertinent, comply, to the best of his/her knowledge, with the applicable requirements of the Fair Housing Act, the Guidelines, the ADA, and ADAAG.

V.     COMPENSATION OF AGGRIEVED PERSONS

A. Compensation to Andrew Schmidt

16. The Defendants shall pay to Andrew Schmidt a total of $10,000 in monetary damages. The Defendants shall pay this amount within 30 days of the date of entry of this Order3 by sending to counsel for the United States4 a check in that amount payable to "Andrew Schmidt," provided that no amount shall be paid pursuant to this paragraph before Mr. Schmidt has executed a copy of the written release at Appendix C.

B. Other Aggrieved Persons

17. Within 30 days of the entry of this Order, the Defendants shall deposit in an interest-bearing escrow account the total sum of $10,000 for the purpose of compensating any other aggrieved persons who may have suffered as a result of the Defendants' failure to design and construct the subject property in compliance with the Fair Housing Act. This money shall be referred to as "the Settlement Fund."

18. Any interest accruing to the Settlement Fund shall become a part of the fund and be utilized as set forth herein.

19. Within 15 days of the entry of this Order, the Defendants shall publish the Notice to Potential Victims of Housing Discrimination ("Notice") at Appendix D informing readers of the availability of compensatory funds. The Notice shall be no smaller than three columns by six inches and shall be published on three occasions in the Champaign News-Gazette. The publication dates shall be separated from one another by at least 21 days, and at least two of the publication dates shall be a Sunday. The final publication date shall be no later than 75 days from the entry of this Order. Within 10 days of the final publication date, the Defendants shall provide copies of the pages from the newspapers containing the Notice to counsel for the United States.

20. Within 15 days of the entry of this Order, the Defendants also shall send a copy of the Notice to the following organizations: (1) PACE, Inc., 1317 East Florida, Suite 27, Urbana, IL 61801; and (2) Director of Housing, University of Illinois, 200 Clark Hall, 1203 S. 4th Street, Champaign, IL 61820.

21. Within 30 days of the entry of this Order, the Defendants shall send by first-class mail, postage prepaid, a copy of the Notice to each past and present tenant of a ground-floor apartment at the subject property. Within 45 days of entry of this Order, the Defendants shall provide to counsel for the United States proof that the Notice has been sent. Nothing in this section shall preclude the United States from making its own efforts to locate and provide notice to potential aggrieved persons.

22. Allegedly aggrieved persons shall have 120 days from the date of the entry of this Order to contact the United States in response to the Notice. The United States shall investigate the claims of allegedly aggrieved persons and, within 180 days from the date of the last published Notice, shall make a preliminary determination of which persons are aggrieved and an appropriate amount of damages that should be paid to each such person. The United States will inform the Defendants in writing of its preliminary determinations, together with a copy of a sworn declaration from each aggrieved person setting forth the factual basis of the claim. Defendants shall have fourteen (14) days to review the declaration(s) and provide to the United States any documents or information that they believe may refute the claim.

23. After receiving Defendants' comments, the United States shall submit its final determinations to the Court for approval, together with a copy of the declarations and any additional information submitted by Defendants. When the Court issues an order approving or modifying the United States' proposed distribution of funds for aggrieved persons, Defendants shall, within 10 days of the Court's order, deliver to counsel for the United States checks payable to the aggrieved persons in the amounts approved by the Court. In no event shall the aggregate of all such checks exceed the sum of the account, including accrued interest. No aggrieved person shall be paid until he/she has executed and delivered to counsel for the United States the release at Appendix C.

24. In the event that less than the total amount in the fund including accrued interest is distributed to aggrieved persons pursuant to Section V.B., above, Defendants shall make a proposal to the Court regarding distribution of the remainder of the Settlement Fund for either (a) the purpose of making accessibility enhancements to the subject property, or (b) the purpose of retrofitting other housing in Champaign County, Illinois to enhance its accessibility. "Accessibility enhancements" shall be understood to mean additions or renovations to the subject property, beyond those required by the terms of this Consent Order and the Appendices hereto, that will increase the accessibility of the common areas or particular dwelling units. When the Court issues an order concerning the proposed distribution of funds, Defendants shall distribute the funds in the manner directed by the Court as soon as reasonably possible thereafter.

25. Defendants shall permit the United States, upon reasonable notice, to review any records that may facilitate its determinations regarding the claims of alleged aggrieved persons.

VI.    EDUCATIONAL PROGRAM

26. Within 30 days of the entry of this Order, Defendant Bray shall provide a copy of this Order to all his agents and employees involved in the design, construction, and rental of covered multifamily dwellings and secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order, and had an opportunity to have questions about the Order answered. This statement shall be substantially in the form of Appendix E.

27. During the term of this Order, within 30 days after the date he or she commences an agency or employment with Defendant Bray, each new agent or employee involved in the design, construction, or rental of covered multifamily dwellings shall be given a copy of this Order and be required to sign the statement acknowledging that he or she has received and read the Order, and had an opportunity to have questions about the Order answered. This statement shall be substantially in the form of Appendix E.

28. Defendant Bray shall also ensure that he and any other employees and agents who have supervisory authority over the design and/or construction of covered multifamily dwellings have a copy of, are familiar with, and personally review, the HUD Guidelines and the HUD Design Manual. Defendant Bray and all employees and agents whose duties, in whole or in part, involve the management, sale and/or rental of multifamily dwellings at issue in this case shall be informed of those portions of the Fair Housing Act that relate to accessibility requirements, reasonable accommodations and reasonable modifications.

29. Within 120 days of the date of entry of this Consent Order, Defendant James P. Bray and all employees and agents whose duties, in whole or in part, involve supervisory authority over the development, design and/or construction of the multifamily dwellings at issue in this case shall undergo training on the design and construction requirements of the Fair Housing Act and the ADA. The training shall be conducted by a qualified third party, unconnected to Defendant Bray or his employees, agents or counsel. Defendant Bray shall provide to the United States, within 30 days after the training, the name(s), address(es) and telephone number(s) of the trainer(s); copies of the training outlines and any materials distributed by the trainers; and certifications executed by Defendant Bray and all covered employees and agents confirming their attendance, in a form substantially equivalent to Appendix F.

VII.    NOTICE OF DEFENDANTS' NON-DISCRIMINATION POLICY

30. For the duration of this Consent Order, in all future advertising in newspapers, and on pamphlets, brochures and other promotional literature regarding the existing complexes or any new complexes that Defendant Bray may develop or construct, he shall place, in a conspicuous location, a statement that the dwelling units include features for persons with disabilities required by the federal Fair Housing Act.

VIII.     NOTIFICATION AND DOCUMENT RETENTION REQUIREMENTS

31. Within 100 days after the date of entry of this Consent Order, Defendant Bray shall submit to counsel for the United States an initial report regarding the signed statements of Defendant, employees and agents who have completed the training program specified in Section VII of this Consent Order. Thereafter, during the term of this Order, Defendant Bray shall, on the anniversary of the entry of this Order, submit to counsel for the United States a report containing the signed statements of new employees and agents that, in accordance with Section VII of this Consent Order, they have received and read the Order, and had an opportunity to have questions about the Order answered.

32. Defendant Bray shall advise the United States in writing within thirty (30) days of receipt of any written administrative or legal fair housing complaint against any property owned or managed by Defendant Bray, or against any employees or agents of Defendant Bray working at or for any such property, regarding housing discrimination on the basis of disability or regarding retaliation against individuals for asserting their fair housing rights. Upon reasonable notice, Defendant Bray shall also provide the United States all information it may request concerning any such complaint.

33. For the term of this Consent Order, Defendant Bray is required to preserve all records related to this Consent Order, for all properties designed, constructed, owned, operated, or acquired by him. Upon reasonable notice to Defendant Bray, representatives of the United States shall be permitted to inspect and copy any records of Defendant Bray or inspect any developments or residential units under his control bearing on compliance with this Consent Order at any and all reasonable times, provided, however, that the United States shall endeavor to minimize any inconvenience to Defendant from such inspections.

IX.    DURATION OF ORDER AND TERMINATION OF LEGAL ACTION

34. This Consent Order shall remain in effect for two (2) years after the date of its entry. By consenting to entry of this Order, the United States and Defendant Bray agree that in the event that he engages in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 3614(d)(1)(C)(ii).

35. This case is dismissed with prejudice. The Court shall retain jurisdiction for 24 months to enforce the terms of the Consent Order upon any notice by any party to reopen the case for such purpose. This period may be extended on the United States' motion in the interest of justice.

36. The United States and Defendants shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, in the event of a failure by Defendants to perform in a timely manner any act required by this Order or otherwise to act in conformance with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and reasonable attorney's fees which may have been occasioned by the violation or failure to perform.

X.    TIME FOR PERFORMANCE

37. Any time limits for performance imposed by this Consent Order may be extended by the mutual written agreement of the United States and the relevant Defendants.

XI.     COSTS OF LITIGATION

38. Each party to this litigation will bear its own costs and attorney's fees associated with this litigation.

ENTERED THIS 6th day of October, 2004.

s/Michael P. McCuskey
MICHEAL P. McCUSKEY
UNITED STATES DISTRICT JUDGE

The undersigned apply for and consent to the entry of this Order:
For the United States:

JAN PAUL MILLER
United States Attorney

________________________________
JAMES A. LEWIS
Assistant United States Attorney
318 South Sixth Street
Springfield, IL 62701
Telephone: 217-492-4450
(Lead Attorney)

R. ALEXANDER ACOSTA
Assistant Attorney General

STEVEN H. ROSENBAUM
Chief
ELIZABETH A. SINGER
MYRON S. LEHTMAN
Senior Trial Attorneys
United States Department of Justice
Civil Rights Division
Housing & Civil Enforcement Section
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: 202-514-4738
For Defendant Cynthia Pipkin-Doyle, as
Administrator of the Estate of Carter Doyle:

____________________
JEFFREY T. KUBES
DAVID M. JENKINS
Crisham & Kubes, Ltd.
30 North LaSalle Street, Suite 2800
Chicago, IL 60602
Telephone: (312) 327-2500

For Defendant James P. Bray:

______________________
JEFFREY W. TOCK
Harrington, Tock & Royse
201 W. Springfield Avenue, Ste. 601
P.O. Box 1550
Champaign, Il 61824-1550
(217) 352-4167


APPENDIX A

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE
AREAS AT JOHN RANDOLPH ATRIUM APARTMENTS

1. Place directional signage at the eastern entrance (the entrance facing the public street) indicating that there is an accessible entrance and accessible parking around the rear of the building and pointing the way to that entrance;

2. Provide an accessible entrance at the western entrance (the entrance near the rear parking lot) by removing the existing door's threshold and replacing it with one which complies with ANSI 4.13.8; by installing hardware that complies with ANSI 4.13.9; insuring that the door opening force complies with ANSI 4.13.11; and placing an intercom at that entrance; 1

3. To remedy the lack of accessible parking and an accessible route to the underground garage, provide at least three accessible parking spaces designated for persons with disabilities that comply with ANSI 4.6 by providing covered parking for three accessible parking spaces that would also provide for a covered accessible route to the western entrance. Vertical clearances at these three accessible parking spaces and covered accessible route shall comply with 28 C.F.R. Part 36, Chapter 1, Appendix A, § 4.6.5 (ADAAG § 4.6.5).

4. Provide that the doorknobs on the doors leading to the corridor with mailboxes; the doors connecting the stairwell/vestibules to the common atrium areas; and the doors in the basement parking garage are equipped with lever handles that comply with ANSI 4.13.9;

5. Provide garbage receptacles which are accessible to persons with disabilities;

6. Provide that the stairs to the garage have handrail extensions that comply with ANSI 4.9.4;

7. Provide that door buzzers for each apartment are no higher than 48 inches above the floor;

8. Provide an accessible route through the exercise room by rearranging the exercise equipment;

9. Provide mailboxes which are accessible to persons with disabilities for the 12 ground floor units by reassigning the mailboxes so that the ground floor units will have mailboxes located at an accessible level.

10. Replace the knob handle on the entry doors to ground floor units with lever handles that comply with ANSI 4.13.9.


APPENDIX B

ACCESSIBILITY MODIFICATIONS TO GROUND-FLOOR UNITS
AT JOHN RANDOLPH ATRIUM APARTMENTS

1. Widen and replace the following interior doors with doors that are at least 34" wide and provide a nominal clear width opening of at least 32" when the door is open 90 degrees:

  1. Bedroom doors: Units 101, 102, 103, 104, 105, 106, 108, 109 and 112 (all bedroom doors in each unit);

  2. Bathroom doors:

    1. Units 101, 102, 108, 109 and 112 (four bathroom doors in each unit);

    2. Units 103, 104, 105, and 106 (three bathroom doors in each unit);

2. Lower the thermostat in ground-floor units to 48" above the floor;

3. For each of the dwelling units # 101, 102, 103, 104, 105, 106, 108, 109, and 112:

  1. Rehang the bathroom doors so that they will swing outward;

  2. Provide grab bar backing behind toilets for each bathroom using a 1" x 4" oak board mounted to the wall anchored to the studs. The boards' centerline shall be 34 ½" above the floor and extend horizontally between the other fixtures (tub and lavatory) or between the other fixture (tub or lavatory) to adjacent wall. In any case, the 1" x 4" board shall be a minimum of 3-feet long;

  3. Provide grab bar backing inside the fiberglass tubs of each bathroom. The backing shall be 1/8 -inch thick mil finish aluminum plate. The plates shall be 12-inches tall. The plate extending the long dimension of the tub shall be 4-foot-long. The plate in the back of the tub (opposite the controls) shall be 24-inches long. The plates shall be fastened to the fiberglass tub with 1/4 inch diameter stainless steel toggle bolt anchors at 4-inches on center, ½ inch in from the perimeter of the plate, completely around the perimeter of the plate. The aluminum plate shall also be glued to the fiberglass with construction adhesive;

  4. Provide at least one bathroom modeled after the standards for a "specification b" bathroom set forth in Requirement 7 of HUD's Fair Housing Accessibility Guidelines, Guideline (2)(b), including meeting the following specifications:

    1. The water closet shall be centered 18" from the sidewall and 15" from the lavatory;

    2. The side of the water closet bowl closest to the bathtub shall be at least 36" from the side of the bathtub to provide a 36"-wide accessible route into the bathroom;

    3. The water closet shall be no more than 29" deep to provide the accessible route into the bathroom;

    4. the lavatory shall be wall-mounted providing for a front approach by a person in a wheel chair; have no side panels that extend to the floor; shall be no deeper than 19", and shall not interfere with required knee and toe clearances. (The lavatory may have an easily removable base cabinet).

4. Provide the following modifications to the below-listed kitchens so that they will comply with Requirement 7 of HUD's Fair Housing Accessibility Guidelines, Guideline (1):

  1. In apartments #101, 102, & 108, the sink and dishwasher require disconnection. The counter-top supporting the sink is to be removed. The 15-inch base cabinet adjacent to the refrigerator and the base cabinet from beneath the sink is to be removed. Provide and install a new 36-inch sink base cabinet against the range and a new L-shaped counter top replacing the existing counter-top. Install the existing sink in the center of the sink base cabinet; and install the dishwasher adjacent to the refrigerator. Provide and install a base cabinet filler piece from the dishwasher's edge to the inside corner.

  2. In apartments # 103, 104, 105 & 106, the sink and dishwasher require disconnection. The counter-top supporting the sink is to be removed. The 15-inch base cabinet adjacent to the range and the base cabinet front beneath the sink is to be removed. Provide and install a new 36-inch sink base cabinet against the refrigerator and a new L-shaped counter-top replacing the existing counter-top. Install the existing sink in the center of the sink base cabinet; and install the dishwasher adjacent to the range. Provide and install a base cabinet filler piece from the dishwasher to the inside corner;

  3. In apartments # 109 and 112, the sink and dishwasher require disconnection. The counter-top supporting the sink is to be removed. The 15-inch base cabinet adjacent to the range and the base cabinet front beneath the sink is to be removed. Provide and install a new 36-inch sink base cabinet against the refrigerator and a new L-shaped counter-top to replace the existing counter-top. Install the existing sink in the center of the cabinet; and install the dishwasher adjacent to the range. Provide and install a base cabinet filler piece from the dishwasher to the inside corner.


    APPENDIX C

    RELEASE OF CLAIMS

    In consideration of the payment of the sum of dollars ($ ), pursuant to the Consent Order entered in United States v. Bray, et al., C.A. No. 02-2266 (C.D. Ill.), I hereby release the Defendants named in this action from any and all liability for any claims, legal or equitable, I may have against them arising out of the issues alleged in the action as of the date of the entry of that Consent Order. I fully acknowledge and agree that this release of the Defendants shall be binding on my heirs, representatives, executors, successors, administrators, and assigns. I hereby acknowledge that I have read and understand this release and have executed it voluntarily and with full knowledge of its legal consequences.

    _______________________
    (Signature)

    NAME:   ______________________

    ADDRESS:   ____________________

    DATE:   ____________


    APPENDIX D

    NOTICE TO POTENTIAL VICTIMS OF HOUSING DISCRIMINATION

    On _________________ , 2004, the United States District Court for the Central District of Illinois entered a Consent Order resolving a lawsuit originally brought by the United States Department of Justice against the builder and architect of the John Randolph Atrium Apartments, 609-611 South Randolph Street, Champaign, IL, alleging that they failed to include certain accessibility features required by the Fair Housing Act in both exterior and interior common areas and in ground floor apartments.

    Under this Consent Order, you may be entitled to receive monetary relief if you or anyone you know:

    • WAS DISCOURAGED FROM LIVING AT JOHN RANDOLPH ATRIUM APARTMENTS BECAUSE OF THE LACK OF ACCESSIBILITY FEATURES;

    • HAS BEEN HURT IN ANY WAY BY THE LACK OF ACCESSIBILITY FEATURES AT JOHN RANDOLPH ATRIUM APARTMENTS; or

    • PAID TO HAVE AN APARTMENT AT JOHN RANDOLPH ATRIUM APARTMENTS MADE MORE ACCESSIBLE.

    If you wish to make a claim for discrimination on the basis of disability, or if you have any information about persons who may have such a claim, please contact the United States Department of Justice at 1-800-          . You may also write to:

    United States Attorney
    318 South Sixth Street
    Springfield, IL 62701

    NOTE: You must call or write no later than ________, 2004.


    APPENDIX E

    EMPLOYEE FAIR HOUSING ACKNOWLEDGMENT FORM

    On _________, 2004, I was instructed by ________with respect to my responsibilities under the Consent Order entered in United States v. Bray, et al., C.A. No. 02-2266 (C.D. Ill.). I have received and read the Consent Order and the federal Fair Housing Act. I understand my legal responsibilities and will comply with those responsibilities.

    I agree to act in compliance with that Consent Order. I understand that I should not discriminate against any person in any aspect of the design, construction, or rental of apartments on the basis of a person's disability. I understand that if I do discriminate, I will be subject to dismissal or other disciplinary action by my employer.

    _____________________
    Signature of Employee

    ________________________
    Name of Employee (Printed)

    ________________
    Date
    _____________________
    Name of Employer

    _____________________
    Employee's Job Position or Title


    APPENDIX F

    SUPERVISORY EMPLOYEE FAIR HOUSING ACKNOWLEDGMENT FORM

    I hereby acknowledge that I have received, read, and understand the Consent Order entered in United States v. Bray, et al., C.A. No. 02-2266 (C.D. Ill.).

    I agree to act in compliance with that Consent Order. I understand that I should not discriminate against any person in any aspect of the design, construction, or rental of apartments on the basis of a person's disability. I understand that if I do discriminate, I will be subject to dismissal or other disciplinary action by my employer.

    I hereby certify that on ___________, 2004, I received training on the design and construction requirements of the Fair Housing Act and the ADA.

    _________________________
    Signature of Employee

    _________________________
    Name of Employee (Printed)

    _________________
    Date
    _________________________
    Name of Employer

    _________________________
    Employee's Job Position or Title


    1.  The act uses the term "handicap" instead of the term "disability." Both terms have the same legal meaning. This Order employs the terms "disability," which is more generally accepted.

    2.  See http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/travel.shthml

    3.  If any of the payments required under this Order are made after the prescribed time, for whatever reason, such payments shall include interest from the prescribed time of payment, calculated by the formula set forth in 28 U.S.C. § 1961. Payment of such interest shall be in addition to any other remedies available to the United States' for delays in payment.

    4. All submissions to the United States or its counsel shall be made to: United States Attorney, 318 South Sixth Street, Springfield, IL 62701.

    Appendix 1. HUD regulations provide that "[a] public or common use area that complies with the appropriate requirements of ANSI A117.1-1986 or a comparable standard is accessible." See 24 C.F.R. 100.201 (2002). HUD interprets "comparable standard" to mean a "standard that affords handicapped persons access essentially equivalent to or greater than that required by ANSI A117.1." See 54 Fed. Reg. 3243 (Jan. 23, 1989). Should Defendants elect to follow a standard other than ANSI for making the public and common-use areas accessible for purposes of complying with the requirements set forth in this appendix and the requirements of paragraph 17 of this Consent Order , they will inform the United States in writing of the standard. Such standard must provide access that is "essentially equivalent" to or "greater" than ANSI A117.1 (1986).


    Document Filed: October 6, 2004

General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

Stay Connected YouTube MySpace Twitter Facebook Sign Up for E-Mail Updates Subscribe to News Feeds