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

HCE Cases black banner

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA


UNITED STATES OF AMERICA,
     Plaintiff,

v.

CV-8-99-112-DWH (RJJ)

CAMDEN PROPERTY TRUST; CAMDEN
SUBSIDIARY II, INC.; GEORGE F.
TIBSHERANY INCORPORATED;
ROBERT V. JONES CORP.; and
BECKER BUILT,
     Defendants.

___________________________________


PARTIAL CONSENT DECREE AS TO DEFENDANTS
CAMDEN PROPERTY TRUST, CAMDEN SUBSIDIARY II, INC.,
GEORGE F. TIBSHERANY INCORPORATED, AND BECKER BUILT

Plaintiff United States and Defendants, Camden Property Trust, Camden Subsidiary II, Inc., George F. Tibersherany, and Becker Built, agree to the terms of this Consent Decree resolving the Complaint filed by Plaintiff United States. Defendant Robert V. Jones is not a party to this Consent Decree and this Decree does not resolve any of the claims the United States may have against Defendant Robert V. Jones.

  1. INTRODUCTION

On February 1, 1999, the United States filed its Complaint alleging violations of Section 804 (f) (1)-(3) of the Fair Housing Act, 42 U.S.C. § 3604 (f) (1)-(3), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the Act). Specifically, the United States' Complaint alleges that the defendants have engaged in a pattern or practice of discrimination by failing to design and construct Oasis Canyon Apartments; Oasis Del Mar Apartments; Oasis Pines Apartments; Rock Creek Manor Condominiums; Oasis Reef Apartments; Oasis Rose Apartments; Oasis Vinings II Apartments; Oasis Vintage Apartments; and Oasis Hills Apartments, all located in Las Vegas, Nevada, with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C).

Defendant Camden Property Trust is a Texas real estate investment trust operating through its wholly owned subsidiary, Defendant Camden Subsidiary II, Inc. Camden Property Trust succeeded to the business of Oasis Residential, Inc. (Oasis)(1), including the ownership and control of the multifamily dwellings constructed and/or operated by Oasis after Oasis merged with Defendant Camden Subsidiary.(2) In addition to the seven Oasis properties named in the United States' Complaint, Camden succeeded to the ownership and control of 11 other properties that were constructed by Oasis. Although these properties were not alleged to have violated the Act in the United States' Complaint, Camden has agreed to include them in the resolution of this case. Those properties include the following: (a) Oasis Harbor I; (b) Oasis Gateway; (c) Oasis Meadows; (d) Oasis Tiara; (e) Oasis Pointe; (f) Oasis Place; (g) Oasis Glen; (h) Oasis Sands; (i) Oasis Crossings; (j) Oasis Bel Air II; and (k) Oasis Summit.(3)

Defendant George F. Tibsherany Incorporated (Tibsherany) designed all of the Oasis properties named in the United States' Complaint except for Oasis Hills Apartments. Defendant Becker Built constructed Oasis Hills Apartments.

* * *

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" and must include 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) and (f)(7)(B). All of the ground-floor units at the Oasis properties were designed and constructed for first occupancy after March 13, 1991, and are located in non-elevator buildings containing four or more units. Thus, these ground floor units are "covered multi-family dwellings" within the meaning of the Act and must include the features of accessible and adaptable design.

The features of accessible and adaptable design required by the 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 bathroom walls to allow 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). The United States alleges in its Complaint that, as originally designed and constructed, the "covered units" as well as the public and common use areas at the Oasis properties do not include the features of accessible and adaptable design required by the Act.

The parties agree that this Court has jurisdiction over the subject matter of this case. The parties further agree that the controversy should be resolved without further proceedings and without an evidentiary hearing. Additionally, Defendant Camden answered the Amended Complaint and denied any violation of the Fair Housing Act. This consent decree is entered without further adjudication as to the merits of the claims of the United States, and does not constitute any admission of liability on the part of the defendants. Therefore, the parties have consented to the entry of this Consent Decree as indicated by the signatures appearing below.

It is hereby ORDERED:

  1. GENERAL INJUNCTION

Defendants, their officers, employees, agents, successors and assigns and all other persons in active concert or participation with them are permanently enjoined from discriminating on the basis of disability as prohibited by the Fair Housing Act, 42 U.S.C. § 3604(f)(1) - (3), and as set forth in the Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472 (1991) (the Guidelines).

  1. CORRECTIVE ACTIONS

The United States alleges in its Amended Complaint that the ground-floor units at the Oasis properties do not meet the standards of the Act and the Guidelines. Because these units are fully constructed, there are significant practical, structural, and cost impediments to bringing these units into compliance with the Act. To address these alleged violations, Defendants have agreed to take the actions set forth below. These actions are reasonable and practicable and will increase the number of housing units on the market available to persons with disabilities.

  1. NON-DISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

  1. Every twelve (12) months, for a period of five (5) years from the date of entry of this Consent Decree, Defendant Becker Built shall, regarding any covered, multi-family dwellings intended to be developed or built by Defendant Becker Built after the date of the entry of this Consent Decree, as evidenced by the completion of site plans and blueprints for the project, but prior to the application for the initial building permits for the project, submit to counsel for the United States(4)

    the following information: (1) the name and address of the project; (2) a description of the project and the individual units; (3) the name of any site engineer involved with the project; and (4) the name of the architect. Any architect involved with the project shall also submit a statement acknowledging and describing his or her knowledge of and training in the requirements of § 3604(f)(3)(C) of the Act and in the field of accessible design and certifying that he/she has reviewed such plans and that the plans include design specifications that fully comply with the requirements of the Act and Guidelines.

  2. For all design contracts for covered multifamily dwellings entered into by Defendant Tibsherany following the entry of this Order, Defendant Tibsherany shall submit to counsel for the United States the following information before the developer applies for the initial building permits: (1) the names and addresses of the builders and developers; (2) the name and address of the project; (3) the type of multi-family dwelling that will be constructed (i.e. condominiums or apartments) and the total number of dwelling units planned; and (4) a written statement that the plans include design specifications that comply with the requirements of the Act and the Guidelines.

  1. COMPENSATION OF AGGRIEVED PERSONS

Defendants shall pay the total sum of TWENTY FIVE THOUSAND DOLLARS ($25,000) to those aggrieved persons previously identified by the United States in payment of compensatory damages pursuant to 42 U.S.C. § 3614(d)(1)(B). Defendants shall pay said money at a time designated by the United States, no earlier than thirty (30) days after the date of entry of this Decree, by sending individual checks, payable to the order of each previously identified aggrieved person(s) in an amount designated by the United States, to counsel for the United States. The United States shall keep said checks in its possession until each identified aggrieved person(s) has signed a release of claims which is attached hereto as Appendix "A."

  1. PUBLIC AND COMMON USE AREA RETROFITS

  1. Defendants agree to perform retrofits to the common and public use areas of the Oasis properties to bring them into substantial compliance with the Act and Guidelines. Defendant Camden has already made retrofits to the common and public use areas of certain Oasis properties at a cost of ONE HUNDRED EIGHT THOUSAND DOLLARS ($108,000). In addition to those retrofits, within five (5) years of the date of the entry of this Consent Decree, Defendant Camden shall retrofit the public and common use areas of the Oasis properties pursuant to the details attached as Appendix "B."(5) The anticipated total cost of the remaining retrofits to the common and public use areas at the Oasis properties is ONE MILLION FOUR HUNDRED NINETY FIVE THOUSAND EIGHT HUNDRED NINETY SIX DOLLARS ($1,495,896).(6) Such retrofits will include, but not be limited to, installing curb cuts, retrofitting slopes, re-striping parking lots to include the required number of accessible parking spaces, installing handrails, and retrofitting clubhouse and pool areas.

    Defendant Camden agrees to retrofit the slopes at the Oasis properties by performing the following: (1) adding handrails to slopes of 6% - 10% in grade that are 72 inches or more in length; (2) fully retrofitting slopes over 10% in grade; (3) fully retrofitting cross-slopes over 3% in grade.

    Defendant Camden will also implement the parking policy attached as Appendix "C" to ensure that vehicles do not protrude into the accessible walkways at the Oasis properties.

  1. RETROFITS TO THE INTERIORS OF UNITS AT OASIS PROPERTIES

There are significant, practical, structural, and cost impediments to modifying the interiors of the units at the Oasis properties to bring them into full compliance with the Act and Guidelines. To address the claims of the United States, Defendant Camden has agreed to take the actions set forth in subparagraphs (A)-(C) below.

  1. For each of the two-bedroom ground-floor units that has the floor plan in which there is one door leading into the second bathroom, Defendant Camden shall reverse the swing of the hallway door that leads into the bathroom to ensure sufficient clear floor space in the second bathroom. This retrofit shall be completed no later than five days after the date on which each tenant currently occupying the unit vacates such unit. The parties anticipate that the total cost of the retrofits which will be performed pursuant to this provision will be FIFTY FOUR THOUSAND DOLLARS ($54,000).

  2. At Oasis Del Mar, Oasis Rose, Oasis Canyon, Oasis Vintage, Oasis Vinings II, Oasis Pines, Oasis Gateway, Oasis Crossings, Oasis Harbor I, Oasis Meadows, Oasis Pointe, Oasis Tiara, Oasis Bel Air II, and Oasis Sands, Defendant Camden shall make the following retrofits to the model units: (1) remove the door leading to the water closet in the master bathroom; (2) remove the wing wall that separates the water closet from the remainder of the master bathroom. The parties anticipate that the total cost of retrofitting the model units at the Oasis properties will be EIGHT THOUSAND NINE HUNDRED DOLLARS ($8900).

  3. Defendant Camden will distribute a notice of retrofits identical to the notice contained in Appendix "D" to all prospective tenants who visit Oasis Del Mar, Oasis Rose, Oasis Canyon, Vintage, Oasis Vinings II, Oasis Pines, Oasis Gateway, Oasis Crossings, Oasis Harbor I, Oasis Meadows, Oasis Pointe, Oasis Tiara, Oasis Bel Air II, Oasis Sands, or Oasis Summit. The retrofits listed in the notice shall be available to any current or prospective tenant. If a tenant or prospective tenant requests any of the retrofits, Defendant Camden shall implement the retrofits within 3 days of the request. Any tenant who is residing in an Oasis property at the time he or she makes a request shall be given alternative living accommodations at Defendant Camden's expense during the time that the retrofits are being performed, if necessary to avoid inconvenience to the tenant. Defendant Camden may not charge any additional rent, deposit or other fee for the units in which retrofits are implemented. The rent for these units shall remain the same as for equivalent units that have not been retrofitted.

  1. SPECIAL PROVISION FOR RETROFITS TO THE
    INTERIORS OF UNITS AT OASIS HILLS,
    OASIS GLEN, AND OASIS PLACE.

There are significant, practical, structural, and cost impediments to modifying the interiors of the units at Oasis Hills, Oasis Glen, and Oasis Place to bring them into full compliance with the Act and Guidelines. To address the claims of the United States, Defendant Camden has agreed to take the actions set forth below.

Defendant Camden shall distribute to all current and prospective tenants of Oasis Hills, Oasis Glen, and Oasis Place, a notice of retrofits identical to the notice contained in the appropriate Appendix "E-1, E-2, or E-3." The retrofits listed in the notice shall be available to any current or prospective tenant. If a tenant or prospective tenant requests any of the retrofits, Defendant Camden shall implement the retrofits within 3 days of the request. Any tenant who is residing in a unit at Oasis Hills, Oasis Glen, or Oasis Place at the time he or she makes a request shall be given alternative living accommodations at Defendant Camden's expense during the time that the retrofits are being performed, if necessary to avoid inconvenience to the tenant. Defendant Camden may not charge any additional rent, deposit or other fee for the units in which retrofits are implemented. The rent for these units shall remain the same as for equivalent units that have not been retrofitted.

  1. FAIR HOUSING FUND

    Because there are significant, practical, structural, and cost impediments to modifying the interiors of all of the units at the Oasis properties, Defendants will establish a Fair Housing Fund pursuant to subparagraphs (A) and (B) of this Section, to be used to increase the stock of housing available for persons with disabilities who live in the Las Vegas Metropolitan area.

    1. Within thirty (30) days of the entry of this Consent Decree, Defendants(7) shall cause to be deposited in an interest-bearing escrow account, the sum of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000)(the Fund), which shall be administered by an entity agreed upon by all parties for a period of two years from the date of the entry of this Consent Decree. In addition to paying the $225,000 to establish the Fund, the Defendants shall pay TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500) to the entity selected by the United States to administer the Fund to pay the costs of administering the Fund. The money placed into the Fund, along with all interest accumulated, shall be used by any individual who owns or rents a dwelling unit within Clark County or Nye County, Nevada, to make retrofits to his or her dwelling unit to provide greater accessibility to individuals with disabilities.

    2. At the conclusion of two years and six months from the date of entry of this Consent Decree, any money remaining in the Fund shall be distributed to an entity in the Las Vegas Metropolitan Area selected by the United States that assists persons with disabilities in finding housing or assists in retrofitting existing housing to make such housing more accessible to persons with disabilities.

  1. ADDITIONAL REMEDIES REGARDING DEFENDANT TIBSHERANY

  1. Within five (5) years from the entry of this Decree, Defendant Tibsherany shall donate 100 hours of technical assistance to non-profit groups that promote fair housing, disability rights or affordable housing, approved by the United States, such as those groups listed as examples in Appendix "F." The technical assistance may include providing training on the design requirements of the Act and the Guidelines and/or providing design contract services. The services shall be provided at no cost to the recipients. Defendant Tibsherany shall certify that he has met the 100-hour requirement by submitting to the United States statements signed by the recipients of the technical assistance confirming his donation. The signed statements must be submitted to the United States no later than 30 days after each donation of assistance.

  1. EDUCATIONAL PROGRAM

Within thirty (30) days of the date of entry of this Consent Decree, Defendants shall provide to all their supervisory employees, sales or rental agents, and site managers involved in the design, construction, sale or rental of multi-family dwellings covered by the Act in the Las Vegas metropolitan area: (1) a copy of this Consent Decree; and (2) instruction on (i) the terms of this Consent Decree, (ii) the requirements of the Act with a particular emphasis on the Act's design and construction requirements, and (iii) their responsibilities and obligations under each. The instruction on the Act's design and construction requirements shall be conducted by a qualified person or organization approved by the United States.(8) Any expenses associated with this training shall be borne by Defendants. Each new supervisory employee, sales or rental agent, or site manager retained by Defendants during the term of this Decree must comply with the above requirements within thirty (30) days after the date he or she commences an employment, agency, or contractual relationship with Defendants.

  1. NOTICE TO THE PUBLIC OF DEFENDANT CAMDEN'S
    NON-DISCRIMINATION POLICY

Defendant Camden certifies that it has posted and prominently displays in the rental offices of all Oasis properties, a sign no smaller than ten (10) by fourteen (14) inches indicating that all dwellings are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.

In addition, for the duration of this Consent Decree, in all future advertising in newspapers, and on pamphlets, brochures and other promotional literature regarding the Oasis properties, Defendant Camden 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. If human models are used in any promotional literature, Defendant Camden shall consider using models with visible disabilities in such promotional literature.

  1. REPORTING AND DOCUMENT RETENTION REQUIREMENTS

  1. Sixty (60) days after the date of entry of this Consent Decree, Defendants shall submit to counsel for the United States an initial report regarding the signed statements of current supervisory employees, rental or sales agents, and site managers who have completed the educational program (see Section X above).

  2. Annually after the entry of this Consent Decree, Defendants, as applicable, shall submit to counsel for the United States a report containing the following:

    1. documents containing information and certifications for new construction (see Section III above); and

    2. signed statements of new supervisory employees, sales agents, and site managers who have completed the educational program during the most recent reporting period (see Section X above).

  3. Annually after the entry of this Consent Decree, Defendant Camden shall submit to counsel for the United States a report containing the following:

    1. The name, address, and telephone number of any tenant or prospective tenant who requested retrofits pursuant to Section VI or Section VII above, the date on which the retrofits were requested, and the date on which the retrofits were completed; and

    2. A report detailing the cost of implementing any retrofits performed to the common use or public use areas or any interior unit at any Oasis property during the previous year.

  1. Defendants shall advise counsel for the United States in writing within fifteen (15) days of receipt of any written administrative or legal complaint against any Oasis property, or against any employees or agents of Defendants working at or for any Oasis property, regarding equal opportunity in housing. Defendants shall also promptly provide the United States all information it may request concerning any such complaint.

  2. For the term of this Consent Decree, Defendants are required to preserve all records related to this Consent Decree, for all properties designed, constructed, owned, operated, or acquired by them. Upon reasonable notice to Defendants, representatives of the United States shall be permitted to inspect and copy any records of Defendants or inspect any developments or residential units under Defendants' control covered by the Act bearing on compliance with this Consent Decree at any and all reasonable times; provided, however, that the United States shall endeavor to minimize any inconvenience to Defendants from such inspections.

  1. INSPECTION OF RETROFITS

Upon reasonable notice to Defendant Camden, representatives of the United States shall be permitted to inspect the retrofits performed by Defendant Camden to ensure compliance with this Consent Decree at any and all reasonable times; provided, however, that the United States shall endeavor to minimize any inconvenience caused by such inspections.

  1. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION

  1. This Consent Decree shall remain in effect for five (5) years and six (6) months after the date of its entry.

    The United States' Complaint shall be dismissed as to defendants Camden Property Trust, Camden Subsidiary II, Inc., George F. Tibsherany, and Becker Built without prejudice to the right of the United States to petition the Court, at any time during the duration of this Decree, to reopen the case for the purposes of enforcing the Decree. That parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution.

  1. TIME FOR PERFORMANCE

Any time limits for performance imposed by this Consent Decree may be extended by the mutual written agreement of the parties.

  1. COSTS OF LITIGATION

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

So ORDERED this _[30]__ day of January, 2001.

______________/s/_____________

United States District Judge


FOR PLAINTIFF UNITED STATES: FOR PLAINTIFF UNITED STATES:

KATHRYN E. LANDRETH
United States Attorney
 
Assistant U.S. Attorney
701 East Bridger Avenue
Suite 800
Las Vegas, NV 89101
702-388-6336

JOAN A. MAGAGNA
Chief
ISABELLE M. THABAULT
Deputy Chief
MICHAEL L. BARRETT
SCOTT P. MOORE
Trial Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
P.O. Box 65998
Washington, DC. 20035-5998
202-307-3801

FOR DEFENDANTS CAMDEN PROPERTY TRUST
AND CAMDEN SUBSIDIARY II, INC.:

FOR DEFENDANT GEORGE F.
TIBSHERANY INCORPORATED

THERESA L. KITAY
COUGHLIN & KITAY, P.C.
3091 Holcomb Bridge Road
Suite A-1
Norcross, George 30071
(770) 840-8483

NICHOLAS M. WIECZOREK
3980 Howard Hughes Parkway
Suite 400
Las Vegas, Nevada 89109
(702) 862-8300

 

FOR DEFENDANT BECKER BUILT:

GARY R. GOODHEART
JONES VARGAS
3773 Howard Hughes Parkway
Third Floor South
Las Vegas, Nevada 89109
(702) 734-2220

MARK FERRARIO
GLENN MEIER
KEEFER, O'REILLY & FERRARIO
325 South Maryland Parkway
Las Vegas, Nevada 89101
(702) 382-2660


Appendix A
RELEASE OF CLAIMS

In consideration of the payment of the sum of _____________ dollars ($_______), pursuant to the Consent Decree entered in United States v. Camden Property Trust, et al., Civil Action No. CV-8-99-112-DWH (RJJ) (D. Nev.), 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 above-styled action.

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.

NAME

DATE


Appendix B
Details of Retrofits to Public and Common Use Areas

Oasis Canyon - Total Estimated Cost: $69,456

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Del Mar - Total Estimated Cost: $161,150

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to pool area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Pines - Total Estimated Cost: $108,160

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to clubhouse, leasing center, fitness center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Rose - Total Estimated Cost: $70,430

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Vinings II - Total Estimated Cost: $43,730

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Vintage - Total Estimated Cost: $106,270

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Hills - Total Estimated Cost: $42,210

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to pool restrooms and area to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Harbor - Total Estimated Cost: $104,510

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Gateway - Total Estimated Cost: $110,650

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Meadows - Total Estimated Cost: $132,580

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Tiara - Total Estimated Cost: $110,750

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Pointe - Total Estimated Cost: $90,530

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Place - Total Estimated Cost: $65,650

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Glen - Total Estimated Cost: $52,840

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Sands - Total Estimated Cost: $25,870

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Crossings - Total Estimated Cost: $34,230

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, and common area restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Bel Air II - Total Estimated Cost: $91,390

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, common area and pool restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree

Oasis Summit - Total Estimated Cost: $75,490

  • Install lever hardware on primary entry door to covered units and common areas
  • Accessible parking, including striping and signage
  • Lower thresholds at entry doors of covered units
  • Alterations to fitness center, clubhouse, leasing center, and common area restrooms to comply with ANSI A117.1
  • Site accessibility: add handrails, retrofit slopes and retrofit cross slopes as detailed in decree


Appendix C
Camden Parking Policy

CAMDEN PROPERTY TRUST
POLICY STATEMENT REGARDING ACCESSIBLE WALKWAYS

In order to provide the required access to all ground floor units, the walkways which lead from the parking areas to the individual units must be kept clear of all obstructions. If a walkway is constructed adjacent to the parking area, parked cars will not be permitted to encroach onto the walkway (i.e., using the curb as a wheelstop where the front or rear bumpers intrude into the walkway).

Any violation of this policy by residents should be handled as a violation of the community's parking rules. In order to comply with this policy, a community should:

  1. Provide written notice of the policy to all residents.

  2. Periodically inspect the accessible walkways to ensure compliance.

  3. Notify any residents that are not complying with the policy with a warning and consequences of non-compliance.

  4. Repeat offenders will be towed to a compliant parking space at their expense.

Thank you for your cooperation in this matter.


Appendix D
Notice of Retrofits for Oasis/Tibsherany Properties

(Del Mar, Rose, Canyon, Vintage, Vinings II, Pines, Gateway, Crossings, Harbor I, Meadows, Pointe, Tiara, Bel Air II, Sands, Summitt)

[Name of community] is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act(9) requires that in newer apartment communities, most ground floor apartments have certain features of physical accessibility for people with disabilities.

We welcome people with disabilities as residents of [name of community], and would like to make them as comfortable as possible. If you or any member of your household has a disability, [name of community] may be able to assist you by altering certain features of your apartment home at no cost to you. Depending on your situation and the particular features of this community and your home, the available alterations may include:

  • Adding lever hardware to the exterior entry door;
  • Lowering the threshold at the entry door or interior of the patio door;
  • Remounting the thermostat at a lower level;
  • Remounting electrical outlets to a higher level;
  • Reversing the swing of a bathroom door to create more space in the bathroom;
  • Installing reinforcements in bathroom walls for grab bars; and
  • Removing the compartment wall in the master bathroom and relocating the door.

If you would like to request any of these modifications, or if you believe there are other modifications that will help you or any member of your household with a disability to be more comfortable, please contact us.


Appendix E-1
Notice of Retrofits for Oasis Hills

Oasis Hills is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act(10) requires that in newer apartment communities, most ground floor apartments have certain features of physical accessibility for people with disabilities.

We welcome people with disabilities as residents of Oasis Hills and would like to make them as comfortable as possible. If you or any member of your household has a need for accessible features in your apartment home, Oasis Hills may be able to assist you by altering certain features of your apartment home at no cost to you. Depending on your situation and the particular features of this community and your home, the available alterations may include:

  • Adding lever hardware to the exterior entry door;
  • Lowering the threshold at the entry door;
  • Remounting the thermostat at a lower level;
  • Remounting electrical outlets to a higher level;
  • Reversing the swing of a bathroom door to create more space in the bathroom;
  • Installing reinforcements in bathroom walls for grab bars;
  • Widening the doors to the bathroom, walk-in closet, or bedroom; and
  • Widening the entry passage to the kitchen.

If you would like to request any of these modifications, or if you believe there are other modifications that will help you or any member of your household with a disability to be more comfortable, please contact us.


Appendix E-2
Notice of Retrofits for Oasis Glen

Oasis Glen is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act(11) requires that in newer apartment communities, most ground floor apartments have certain features of physical accessibility for people with disabilities.

We welcome people with disabilities as residents of Oasis Glen and would like to make them as comfortable as possible. If you or any member of your household has a need for accessible features in your apartment home, Oasis Glen may be able to assist you by altering certain features of your apartment home at no cost to you. Depending on your situation and the particular features of this community and your home, the available alterations may include:

  • Adding lever hardware to the exterior entry door;
  • Lowering the threshold at the entry door;
  • Remounting the thermostat at a lower level;
  • Remounting electrical outlets to a higher level;
  • Reversing the swing of a bathroom door to create more space in the bathroom;
  • Installing reinforcements in bathroom walls for grab bars; and
  • Replacement of the base cabinet at the bathroom vanity or kitchen sink to allow for knee space.

If you would like to request any of these modifications, or if you believe there are other modifications that will help you or any disabled member of your household be more comfortable, please contact us.


Appendix E-3
Notice of Retrofits for Oasis Place

Oasis Place is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act(12) requires that in newer apartment communities, most ground floor apartments have certain features of physical accessibility for people with disabilities.

We welcome people with disabilities as residents of Oasis Place and would like to make them as comfortable as possible. If you or any member of your household has a need for accessible features in your apartment home, Oasis Place may be able to assist you by altering certain features of your apartment home at no cost to you. Depending on your situation and the particular features of this community and your home, the available alterations may include:

  • Adding lever hardware to the exterior entry door;
  • Lowering the threshold at the entry door;
  • Remounting the thermostat at a lower level;
  • Remounting electrical outlets to a higher level;
  • Installing reinforcements in bathroom walls for grab bars; and
  • Widening the door to the bathroom.

If you would like to request any of these modifications, or if you believe there are other modifications that will help you or any disabled member of your household be more comfortable, please contact us.


Appendix F
NON-PROFIT GROUPS THAT PROMOTE FAIR HOUSING, DISABILITY
RIGHTS OR AFFORDABLE HOUSING THAT MAY
DESIRE TECHNICAL ASSISTANCE

The following list is not meant to be exhaustive and may be amended or supplemented by the United States at any time during the pendency of this Consent Order (including, for example, on suggestion of Defendant Tibsherany).

Nevada:

Center for Independent Living
6039 Eldora, Suite F
Las Vegas, NV 89146
702-889-4216

Lion's Club
3126 Las Vegas Blvd.
Las Vegas, NV 89115
702-644-3872

New Vista Ranch
3085 S. Valley View
Las Vegas, NV 89102
702-457-4677

Arizona:

Arizona Bridge to Independent Living
1229 E. Washington
Phoenix, AZ 85034
602-256-2245

Arizona Center for Disability Law
3131 North Country Club, Suite 100
Tucson, AZ 85714
520-327-9547

Habitat For Humanity
P.O. Box 4089
Yuma, AZ 85364
520-343-8704

Southern Arizona Housing Center
2030 E. Broadway
Tucson, AZ 85719
520-798-1568

Shade Tree
P.O. Box 669
Las Vegas, NV 89125
702-436-3155


1. Camden Property Trust succeeded to the ownership and control of only seven of the nine properties alleged in the United States' Complaint. Oasis Reef and Rock Creek Manor are not owned or operated by Camden Property Trust.

2. Defendants Camden Property Trust and Camden Subsidiary II, Inc. will be hereinafter referred to as Defendant Camden.

3. These 11 Oasis properties and the seven Oasis properties named in Plaintiff United States' Complaint to which Camden succeeded to the ownership and control will be collectively referred to hereinafter as the Oasis properties.

4. For purposes of this Decree, counsel for the United States is Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, P. O. Box 65998, Washington, D.C. 20035-5998, Attn: DJ# 175-46-62.

5. There are a limited number of ground-floor units listed in Appendix "B" that have steps leading to the entry door of such units. Because of significant practical, structural, and cost impediments to removing those steps and because the number of units with stairs leading to the entry door are few in comparison to the total number of ground-floor units that will be accessible after completion of the common use retrofits, Camden will not retrofit the steps leading to those units.

6. Because Camden has not completed the retrofits required under this Section of the Consent Decree or the retrofits required by Sections VI(A) and VI(B), the parties are unable to determine exact amount such retrofits will cost. The amounts contained in this Consent Decree are good faith estimates of the costs of retrofitting the Oasis properties. The parties acknowledge that the amounts contained in this Section of the Consent Decree, as well as in Sections VI(A) and VI(B), do not represent either a minimum or maximum amount Defendant Camden shall pay to perform the retrofits and that the actual costs of retrofitting may exceed or be less than these good faith estimates.

7. The amount deposited in the Fund shall consist of $35,000 from Defendant Camden, $175,000 from Defendant Tibersherany, and $15,000 from Defendant Becker Built.

8. The Fair Housing Training Program currently used by Defendant Camden to train its employees on the design and construction requirements of the Act meets the requirement of this subsection.

9. 42 U.S.C. § 3601 et seq.

10. 42 U.S.C. § 3601 et seq.

11. 42 U.S.C. § 3601 et seq.

12. 42 U.S.C. § 3601 et seq.


Document Entered: January 31, 2001

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