Housing And Civil Enforcement Cases Documents

United States of America,

plaintiff

Compton Place Associates,
Sheldon Road Associates,
Cypress Meadows Associates, and
Raymond Leon d/b/a RJ Leon & Assoc.,

defendants

____________________________________

C.A. No.:

CONSENT ORDER I. INTRODUCTION

This Consent Order resolves the above-captioned case brought by the United States against defendants Compton Place Associates, Sheldon Road Associates, Cypress Meadows Associates, and Raymond Leon, doing business as R.J. Leon & Assoc. (collectively "the defendants").

The Complaint alleges that the defendants discriminated against persons with disabilities by failing to design and construct public and common use areas as well as covered multifamily dwellings, as defined by 42 U.S.C. §3604(f)(7)(B), at the following apartment complexes ("the subject properties") in accordance with subsection 804(f)(3)(C) of the Fair Housing Act ("FHA") in effect on the date hereof, 42 U.S.C. §3604(f)(3)(C), and rental offices in accordance with Title III of the Americans with Disabilities Act ("ADA") in effect on the date hereof, 42 U.S.C. §12183(a)(1):

Compton Place at Tampa Palms, ("Compton Place") which is located at 6000 Compton Estates Way in Tampa, Florida (136 covered units);
The Landings at Cypress Meadows, ("Cypress Meadows") which is located at 3605 Landings Way Drive in Tampa, Florida (176 covered units); and
Sheldon Palms Apartments, ("Sheldon Palms") which is located at 8802 Brennan Circle in Tampa, Florida (104 covered units).

Defendants Compton Place Associates, Sheldon Road Associates, Cypress Meadows Associates were the owners and builders of the subject properties.⁽¹⁾ Defendant Raymond Leon d/b/a RJ Leon & Associates was the architect who designed the plans for the subject properties.⁽²⁾

The FHA provides that, in non-elevator residential buildings with four or more dwelling units such as those found at the subject properties, all ground-floor units that were designed and constructed for first occupancy after March 13, 1991 must include certain basic features of accessible and adaptable design to make such units usable by a person who is or who becomes disabled. See 42 U.S.C. §§3604(f)(3)(C) and (f)(7)(B). The features of accessible and adaptable design required by the FHA include:

(a) public 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 using wheelchairs;

(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 four hundred and sixteen (416) ground-floor units at the subject properties - one-hundred thirty six (136) at Compton Place, one-hundred seventy six (176) at Cypress Meadows, and one-hundred and four (104) at Sheldon Palms - are "covered multifamily dwellings" within the meaning of 42 U.S.C. §3604(f)(7)(A). These units and the public and common use areas of the apartment complexes are subject to the design and construction requirements at 42 U.S.C. §3604(f)(3)(C).

The ADA makes it unlawful to design and construct public accommodations and commercial facilities for first occupancy after January 26, 1993 that are not readily accessible to and usable by individuals with disabilities. See 42 U.S.C. 12183(a)(1). The ADA defines public accommodations to include any "sales or rental establishment." 42 U.S.C. 12181(7)(E). The clubhouse rental offices at the subject properties are public accommodations and, therefore, subject to the requirements of the ADA and the FHA. The United States alleges that Defendants failed to design and construct the covered units and the common areas at the subject properties in full compliance with the requirements of the FHA and ADA. Defendants deny the United States' allegations.

The parties agree that the claims against the defendants should be resolved without further proceedings or an evidentiary hearing. Solely to resolve this matter, and without Defendants admitting any liability, as indicated by the signatures appearing below, the parties agree to the entry of this Consent Order.

It is hereby ORDERED, ADJUDGED and DECREED:

II. PROHIBITORY INJUNCTION

Defendants, their 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 FHA, 42 U.S.C. §3604(f)(1), (2), and (3)(C), including the following actions, as applicable:

Discriminating in the sale or rental, or otherwise making unavailable or denying, a dwelling to any buyer or renter because of a disability of that buyer or renter, any person residing in or intending to reside in that dwelling after it is sold or made available, or any person associated with that buyer or renter;
Discriminating against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of facilities in connection with such a dwelling, because of a disability of that person, a person residing in or intending to reside in the dwelling after it is sold, or any person associated with that person; and
Designing and constructing covered multifamily dwellings in such a manner that:

The public use and common use portions of the dwellings, including any rental or sales offices or other places of public accommodation within the meaning of Section 303(a)(1) of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §12183(a)(1), are not readily accessible to and usable by persons with disabilities;
All the doors designed to allow passage into and within all premises within such dwellings are not sufficiently wide to allow passage by persons in wheelchairs;
All premises within such dwellings do not contain the following features of accessible and/or adaptive design:

An accessible route into and through the dwelling;
Light switches, electrical outlets, thermostats, other environmental controls, and alarm controls in accessible locations;
Reinforcements in bathroom walls to allow later installation of grab bars; and
Usable kitchens and bathrooms, such that an individual using a wheelchair can maneuver about the space.

III. CORRECTIVE ACTIONS

A. General Provisions:

Defendants shall perform the corrective actions described in this Section and Appendices A and B with respect to the public and common use areas and covered ground-floor dwellings at the subject properties. Appendices A and B direct defendants' attention to the appropriate sections of the 1986 American National Standard for Buildings and Facilities (ANSI A117.1-1986), 1998 Fair Housing Act Design Manual (Design Manual), and/or 1991 Americans with Disabilities Act Accessibility Guidelines (ADAAG) for each violation which must be retrofitted or cured. These sections provide specifications which comply with the FHA. Within twenty (20) days of the entry of this order, Defendants shall obtain a copy of ANSI A117.1-1986 and ADAAG for their use in retrofitting the complexes. Plaintiff United States previously provided defendants with a copy of the Design Manual.

In the event that defendants intend to sell any of the subject properties, defendants shall make all the said corrective actions before any such property is offered for sale to any third party.

B. Public and Common Use Areas:

Within two (2) years from the date of entry of this Order, defendants shall modify the public and common use areas of each of the subject properties as specified in Appendix A. At least one-half (½) of the necessary modifications shall be completed in the first fifteen (15) months after entry of this Order. The remainder of the necessary modifications shall be completed during the second year after the entry of this Order. Defendants shall pay all expenses associated with those modifications.
Within twenty seven (27) months from the date of entry of this Order, defendants shall provide a certification from an architectural firm (or other person or entity with expertise in the design and construction requirements applicable to multi-family housing), approved by the United States, that the modifications set forth in Appendix A have been made and that all identified deficiencies have been cured.⁽³⁾

C. Required Retrofits within the Dwelling Units:

Within five (5) years after the entry of this order, defendants shall modify the interior portions of all covered dwelling units as specified in Appendix B. These retrofits are to be completed according to the following schedule: eighty-four (84) units per year for the first two years after the entry of this consent order, eighty-three (83) units per year for the third and fourth year after the entry of this order, and eighty-two (82) units in the fifth year.⁽⁴⁾ Within sixty (60) days of date of entry of this Order, defendants shall provide the United States with a proposed schedule for completion of the retrofits. Defendants shall pay all expenses associated with those modifications.
If execution of any of the retrofit modifications requires a current tenant to be dislocated from his or her unit for any amount of time, or if it forces a new tenant's move-in date to be delayed beyond fifteen (15) days, defendants shall pay that tenant's or new tenant's reasonable relocation or housing expenses while the retrofits are being made or shall otherwise provide alternate accommodations for the tenant during the period of any such delay, including any reasonable necessary moving and storage expenses for the belongings of current tenants.
On a yearly basis beginning one year from the entry of this Order, defendants shall provide a certification from an architectural firm (or other person or entity with expertise in the design and construction requirements applicable to multifamily housing), approved by the United States, that the modifications set forth in Appendix B have been completed in the required number of covered units.

D. Retrofits which shall be made to a covered unit upon request

Appendix C sets forth those retrofits which shall be made to a covered unit upon request of an existing tenant or new tenant.
All retrofits set forth in Appendix C shall be performed by Defendants without charge to the existing tenant or new tenant. Any retrofits selected by a tenant or new tenant shall be made within fifteen (15) days of Defendants' receipt of the request.
If a tenant must vacate his or her unit or if a new tenant's entry is delayed by more than fifteen (15) days to achieve the retrofit, defendants shall pay that tenant's or new tenant's reasonable relocation or housing expenses while the retrofits are being made, including any necessary moving and storage expenses for the belongings of current tenants.
Within thirty (30) days of the entry of this Order, Defendants shall advise all current tenants of ground floor units of the optional retrofits set forth in Appendix C by sending them a retrofit request card which will advise them of retrofits which may be made to their units without charge. The text of this request form is set forth in Appendix D.
At least once a year for the duration of this Order, Defendants shall send a copy of the retrofit request card set forth in Appendix D to all tenants of ground floor units to remind them of their ability to elect to have any retrofit listed thereon performed without charge.
For the duration of this Order, Defendants shall provide a copy of the retrofit request card set forth in Appendix D to all potential tenants and new tenants.

E. Nondiscriminatory Rental Procedures:

Defendants shall not refuse to lease a unit in any of the subject properties to a person with a disability who applies for an apartment which is available for rent but has not yet been brought into compliance with the accessibility provisions of the FHA. Instead, defendants shall inform prospective tenants and applicants that the apartment will be retrofitted at no expense to them before they move in, shall promptly retrofit the unit and shall make any payments required under Section III.C.2.
Defendants shall also include a provision, approved by the United States, in all leases that are signed or renewed after entry of this Order specifying that the defendants will have the right to modify the unit to bring it into compliance with the FHA if the tenant is still living in the unit three (3) years after entry of the Order. This shall specify, consistent with section III.C.2 above, that if a tenant must vacate his or her apartment during the retrofit, defendants shall pay that tenant's or prospective tenant's reasonable relocation or housing expenses while the retrofits are being made or shall otherwise provide alternate accommodations for the tenant during the period any of such delay, including any necessary reasonable moving and storage expenses for the belongings of current tenants.
Defendants shall not refuse to rent to a prospective tenant nor deny any particular unit which the prospective tenant wants because such tenant or prospective tenant requests a retrofit set forth in Appendix D or indicates that he or she might want a retrofit set forth in Appendix D.

IV. NONDISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

For a period of six (6) years from the date of entry of this Consent Order, defendants shall submit to the United States information regarding any covered multifamily dwellings that they design and/or intend to build, including any additional dwellings at any of the subject properties. The information shall be submitted before any applications are made for initial building permits. The following information shall be submitted:

(a) The name and address of the project;

(b) The names and addresses of all architects and site engineers;

(d) A description of the project and the individual units, including number of each type of dwelling and the amenities in the project; and

(e) A statement by an architect knowledgeable in the design and construction requirements of the FHA, the ADA, and the relevant guidelines and regulations, describing his/her knowledge and training in accessible design, and which certifies that he/she has reviewed the architectural, mechanical, and civil engineering plans and that the plans include design specifications that fully comply with the requirements of 42 U.S.C. §3604(f)(3)(C), 42 U.S.C. §12183(a)(1), and 28 C.F.R. Part 36.

V. CIVIL PENALTY

Within thirty (30) days of the date of entry of this Order, Defendants shall pay the total sum of FIVE THOUSAND DOLLARS ($5,000) to the United States as a civil penalty pursuant to 42 U.S.C. §3614(d)(1)(C). Said sum shall be paid by sending to plaintiff's counsel a check made payable to "United States of America."

VI. COMPENSATION OF AGGRIEVED PERSONS

Within thirty (30) days of the entry of this Order, defendants shall deposit FORTY FIVE THOUSAND DOLLARS ($45,000) into an account controlled by defendants' counsel for the purpose of compensating any aggrieved persons, who may be identified through the procedures set forth in this Section. Also within thirty (30) days of the date of entry and filing of this Order with the Clerk of the United States District Court for the Middle District of Florida, Defendants shall submit proof to the United States that the account has been established and the funds deposited.
Within thirty (30) days of the entry of this Order, Defendants shall mail or deliver to all current and former tenants of Compton Place, Sheldon Palms, and/or Cypress Meadows, a Notice to Potential Victims of Housing Discrimination ("Notice"). The text of the Notice is set forth in Appendix E. Within ten (10) business days of mailing the Notices to current and former tenants, Defendants shall provide to counsel for the United States certification that the Notice was mailed or delivered and a list of all current and former tenants who were sent a copy of the Notice; such list shall include tenant name, available address and any available phone number, and unit occupied at Compton Place, Sheldon Palms, and/or Cypress Meadows.
Defendants shall permit representatives of the United States to review and copy any rental/tenancy records, or any other records in the possession or control of the Defendants, their agents or employees, upon notice to Defendants' counsel, which the United States believes to be useful in identifying persons who may be entitled to relief under this Order. Upon reasonable notice, the Defendants shall permit representatives of the United States to review and copy such rental/tenancy records on any business day.
Allegedly aggrieved persons described above shall have ninety (90) days from the date of the last published Notice to contact the United States in response to this Notice.
The United States shall investigate the claims of allegedly aggrieved persons and, within 240 days from the entry of this Order, shall make a preliminary determination of which persons are aggrieved and an appropriate amount of damages that should be paid to each such person. If the United States requires additional time to make these preliminary determinations, it will so inform the Defendants. 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. The Defendants shall have 14 days to review the declaration and provide and documents or information to the United States that they believe may refute the claim.
After receiving the 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 the Defendants. Unless the Court directs otherwise within 30 days, the defendants shall thereafter, within 40 days of the United States' final determinations, deliver to counsel for the United States checks payable to the aggrieved persons in the amounts directed by the United States. If the Court issues an order approving or changing the United States' proposed distribution of funds for aggrieved persons, the Defendants shall within ten (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. But in no event shall the aggregate of all such checks exceed the sum of the account, including accrued interest. The court is not required to hold an evidentiary hearing prior to making its determination; and the parties hereby waive the right to such a hearing. No aggrieved persons shall be paid until he/she has executed and delivered to counsel for the United States the release at Appendix F.
In the event that less than the total amount in the escrow account including accrued interest is distributed to aggrieved persons, the defendants shall make a proposal to the United States regarding distribution of the remainder of the fund for the purpose of furthering the objectives of the Fair Housing Act in the Tampa, Florida metropolitan area, subject to final approval by the Court. The defendants shall distribute the funds pursuant to their proposal within thirty (30) days of the Court's approval. If the defendants fail to submit a proposal acceptable to the United States, the parties will so advise the Court and the Court shall make the determination for the distribution of the remainder of the funds for the purpose of furthering the objectives of the Fair Housing Act in the Tampa, Florida metropolitan area. The defendants shall distribute the funds in the manner directed by the Court within ten (10) days of the Court's determination.

VII. ACTIONS TO INCREASE THE SUPPLY OF ACCESSIBLE HOUSING IN THE TAMPA AREA

The parties acknowledge that the corrective retrofits in Section III will significantly increase the accessibility of the subject properties, although the retrofits will not bring the units into full compliance with the Act. As a result, the number of fully compliant units in the Tampa area available to persons with disabilities is less than it would have been had the subject properties been built with all the required features. Accordingly, to increase the supply of housing in the Tampa area that is accessible to persons with disabilities and to compensate for decreasing the housing options open to persons with disabilities, Defendants shall take the following actions:

For a period of three (3) years following the entry of this Order, Defendant Raymond Leon shall provide 100 hours per year of architectural services free of charge, such as drafting of design plans and consultation, for the production of accessible housing in the Tampa area. Such services must be provided to organizations or parties other than the other defendants in this case. The United States must approve of the organization or party for whom the services shall be provided prior to any work being done by defendant Leon.
Defendants or their affiliated companies agree to build four hundred twenty (420) single-family houses that include the features of accessibility for persons with disabilities as described in Section VII.C below (hereafter "accessibility features"). All single-family housing defendants build, until the 420 limit is reached, shall be contain the accessibility features described in Section VII.C below, unless a buyer(s) of his or her own volition rejects the accessibility features. Defendants shall complete construction of said single-family houses within ten (10) years after the entry of this Consent Order. In the event that Defendants cannot complete said houses within the that period, due only to independently-verified market impediments, Defendants shall petition the United States for an extension of this provision of the Consent Order; shall provide the United States with all documents supporting their claim that independently-verified market impediments caused their non-compliance; and shall certify and provide documentation proving that all single-family housing they built thus far contained the accessibility features in Section VII.C below or that the buyer(s) rejected said accessibility features.
The 420 single-family houses discussed in Section VII.B above shall include the accessibility features set forth in the Fair Housing Act, 42 U.S.C. §3604(f)(3)(C) and the 1998 Fair Housing Act Design Manual throughout the home and also the following:

regardless of changes in elevation on a particular lot, each home shall contain an accessible entrance that does not contain steps or slopes in excess of 5% or cross slopes in excess of 2% through the front door and/or garage door;
for multi-floor dwellings, either the construction of at least one bedroom and bathroom on the ground floor or, if no bedroom and/or bathroom is constructed on the first floor, design and construction which provides for the construction or later installation a residential elevator at the buyer's expense;
Defendants shall offer construction of the following: (a) a "roll-in" shower, into which a person using a wheelchair may enter in his/her chair, in the bathroom of the buyer's choosing; and (b) kitchen and bathroom counters built at a height of the buyer's choosing. For up to two hundred ten (210) homes where the buyer requests these options, Defendants shall provide the options at no cost to the buyer. For any additional homes where the buyer requests these options, Defendants shall provide the options at the buyer's expense.

Defendants constructed three (3) model homes that do not contain all the accessibility features described in Section VII.C above at the Buckingham at Tampa Palms subdivision. If and when Defendants begin construction on other homes at the Buckingham at Tampa Palms subdivision, they shall construct three (3) new model homes which contain the accessibility features discussed in Section VII.C.1-2 to replace the non-compliant model homes. Defendant shall complete these new model homes within nine (9) months and thereafter Defendants shall maintain one model home which contains a roll-in shower until all Buckingham home sites are sold. Any future model homes built by Defendants at the Buckingham at Tampa Palms subdivision shall include the accessibility features discussed in Section VII.C.1-2 above. Upon sale of any accessible model home at Buckingham at Tampa Palms subdivision, Defendants shall construct a replacement accessible model home. The requirements set forth in Section VII.D. apply only to Defendants.
For subsequent single-family subdivisions built by Defendants within seven years of the date of entry of this Order, all model homes shall contain the accessibility features discussed in Section VII.C.1-2, above. Defendants shall maintain at all times one model home which contains a roll-in shower.
At least sixty (60) days prior to the start of construction of the single-family homes discussed in section VII.B. and VII.C above, excluding the three model homes already under construction at Lot 2 of Block 1 and Lots 7 and 8 of Block 4 of the Buckingham at Tampa Palms Subdivision, defendants shall submit to counsel for the United States proposed plans for the construction of such single-family homes, indicating the accessibility features that will be included in each dwelling type along with a certification from an architectural firm (or other person or entity with expertise in the design and construction requirements applicable to multi-family housing), approved by the United States, that the plans provide accessibility features which comply with the FHA and the Design Manual. If the United States believes that the plans do not indicate accessible design, defendants shall amend the plans prior to construction. Upon reasonable notice to Defendants, representatives of the United States shall be permitted to inspect any such housing under defendants' control at any and all reasonable times to determine compliance with the Consent Order.

VIII. EDUCATIONAL PROGRAM

Within thirty (30) days of the entry of this Order, defendants shall provide a copy of this Order to all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings and secure a signed statement, attached hereto as Appendix G, from each agent or employee acknowledging that he/she has received, read and understands the Order.
Within thirty (30) days after the date on which a new employee or agent commences employment or an agency relationship with Defendants, each such employee or agent involved in the design, construction, rental, or sale of covered multifamily dwellings shall be given a copy of this Order and be required to sign a statement, attached hereto as Appendix G, acknowledging that he/she has received, read and understands the Order.
Within thirty (30) days of the entry of this Order, and on a yearly basis thereafter, beginning on or before the one year anniversary of the entry of this Order, Defendants, and all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings shall attend a fair housing training session regarding the requirements of the Fair Housing Act, Americans with Disabilities Act, and State and local fair housing laws and ordinances dealing with fair housing or accessibility, conducted by an organization mutually agreed upon by the parties. Defendants shall pay all costs of the training. Defendants shall secure a written certification, set forth at Appendix H, from the trainer certifying each agent's and employee's attendance at the fair housing training.

IX. PUBLIC NOTICE OF NONDISCRIMINATION POLICY

During the term of this Order, defendants shall post and prominently display the federal Fair Housing Poster as described by 24 C.F.R. §§110.15 and 110.25 in the sales or rental offices of all dwellings owned or operated by them, including the subject properties, and in any other place in which persons may inquire about buying or renting dwellings from defendants.
During the term of this Order, defendants shall prominently include the phrase "Equal Housing Opportunity" or the fair housing logo in all newspapers and other written advertisements for dwellings rented by defendants. If human models are used in any promotional literature for dwellings rented or sold by defendants, defendants shall include models depicted using wheelchairs in such promotional literature.
Once the modifications have been completed, through implementation of the corrective actions set forth in Section III above, and for the term of this Order, defendants shall place in a conspicuous location in all future advertisements, brochures and promotional literature (including advertisements or promotional materials on the internet) regarding the subject properties, the phrase "Wheelchair Accessible" or the international symbol of accessibility and a statement that ground floor dwelling units are accessible and additional changes will be made without charge upon request. The text of such statement is specified in Appendix I.
All advertising for the sale or construction of housing built in compliance with Section VII.C above shall state that such housing contains adaptable design and is accessible to persons with disabilities. The text for this statement is set forth in Appendix J. In addition to this general statement, promotional materials and advertisements in newspapers larger than four inches for the sale or construction of housing built in compliance with Section VII.C.1 shall state that a roll-in shower and custom height counters shall be constructed upon buyer request at no additional cost to the buyer; and such advertising for the sale or construction of housing built in compliance with Section VII.C.2 shall state that designs with roll-in showers and custom height counters are available upon buyer request at additional cost. The texts for these statements are set forth in Appendices K and L, respectively. Newspaper advertisements four inches or smaller of text for single family homes built in compliance with Section VI.C. shall state that such homes are accessible to persons with disabilities and additional accessibility features will be added without charge. The text for this statement is set forth in Appendix M.

X. ADDITIONAL REPORTING AND DOCUMENT RETENTION REQUIREMENTS

For the duration of this Order, defendants shall advise counsel for the United States in writing within fifteen (15) days of receipt of any written complaint against them, their employees or agents, regarding equal opportunity in housing on the basis of disability, including any complaints of discrimination under the FHA or the ADA. If defendants or their employees or agents receive an oral complaint regarding equal opportunity in housing on the basis of disability, including any complaints of discrimination under the FHA or the ADA, they shall advise the complainant to submit to them a written complaint. Defendants shall also promptly provide the United States all information it may request concerning any complaint described above.
For the duration of this Order, defendants are required to preserve all records related to this Order regarding the subject properties and all future covered multifamily dwellings designed, constructed, owned, operated or acquired by them and shall provide any such records to the United States, upon request. This includes any and all documents regarding the modifications to the subject properties required in Section III of this Order. Upon reasonable notice to Defendants, representatives of the United States shall be permitted to inspect and copy any of Defendants' records or inspect any covered dwelling or any covered public and common use areas under Defendants' control at any and all reasonable times so as to determine compliance with the Consent Order.
For the duration of this Order, defendants are required to preserve all records related to this Order regarding the single-family housing in Section VII.B and VII.C above, and shall provide any such records to the United States, upon request. Upon reasonable notice to Defendants, representatives of the United States shall be permitted to inspect and copy any of Defendants' records.
Within one hundred and eighty (180) days after the entry of this Order, and thereafter on the anniversary of entry of this Order throughout the term of the Order, defendants shall submit a report that includes the following:

A list of those units and public and common use areas of the subject properties which were modified pursuant to Section III of this Order during the reporting period and the modifications completed at each such unit or public and common use area;
The signed statement of each agent and employee acknowledging that he/she received, read and understands the Order;
Written certification of each agent's and employee's attendance at fair housing training;
All advertising or promotional literature regarding the Defendants' covered multifamily dwellings;
Defendant Raymond Leon d/b/a R.J. Leon & Assoc. shall provide certification of the hours of free services provided during the preceding six months, including the nature of those services, organization or party to which they were provided, and the name and locations of all project(s) which benefitted from the free services. Such certification shall be validated by the individual or organization for which the services were performed;
Defendants shall provide certification of the construction of accessible single-family housing constructed during the preceding six months, including the name, location, total number of units, and number of accessible units for each such development.

XI. DURATION OF ORDER AND TERMINATION OF LEGAL ACTION

This Consent Order shall remain in effect for the longer of either seven (7) years and six (6) months after the date of its entry, or six (6) months after the United States' receipt of the Defendants' last report(s), or six(6) months after defendants have completed the requirements of Section VII.
By consenting to entry of this Order, the United States and defendants agree that in the event that defendants engage 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).
The Complaint in this action is dismissed with prejudice. The Court, however, shall retain jurisdiction for the term of this Consent Order to enforce the terms of the Order. The United States may move the Court to extend the duration of the Order in the interests of justice.
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 reasonably timely manner any act required by this Order or otherwise not 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 attorneys' fees which may have been occasioned by the violation or failure to perform.

XII. TIME FOR PERFORMANCE

Any time limits for performance imposed by this Consent Order may be extended by the mutual agreement of the United States and the relevant defendant(s).

XIII. COSTS OF LITIGATION

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

IT IS SO ORDERED:

This ______ day of _________________, 2003.

____________________________
UNITED STATES DISTRICT JUDGE

Agreed to by the parties as indicated by the signatures below.

FOR DEFENDANTS COMPTON PLACE
ASSOCIATES, SHELDON ROAD
ASSOCIATES, and CYPRESS MEADOWS
ASSOCIATES:

by:

______________________
Warren Kinsler,
Representative

Approved as to form:

by:

______________________
John S. Inglis,
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza,
Suite 2800
101 East Kennedy Blvd.
Tampa, FL 33602
(813) 229-7600
(813) 229-1660 (fax)

Attorney for Defendants Compton Place Assoc.,
Sheldon Road Assoc., and Cypress Meadows
Assoc.

FOR DEFENDANT RAYMOND LEON D/B/A
R.J. LEON ASSOCIATES:

_______________________
Raymond Leon

FOR THE UNITED STATES:

_______________________
Donna M. Murphy,
Deputy Chief
Ana Henderson
Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., NW - G St.
Washington, DC 20530
(202) 514-4713
(202) 514-1116

Appendix A

Retrofits to Public & Common Use Areas

I. Compton Place

1. All front entrances to ground-floor units and all sidewalks on accessible routes shall be made accessible by bringing them into compliance with ANSI A117.1§4.3. This shall be accomplished by regrading, replacing steps with ramps, or adding ramps, and paving all accessible routes. All sidewalks on accessible routes must be at least 36" wide and sloped to permit wheelchair use as provided by ANSI A117.1 ï½§§4.3.3 and 4.3.7. Where the slope of a walk way is 5.0% and 8.33%, a ramp which complies with ANSI A117.1 §4.8 must be constructed.

The current sidewalks at buildings 1, 4, 8, 13, 15, 16, 17, and 46 are acceptable as constructed. The entry sidewalks to buildings 6, 9, and 10 may remain as constructed provided that defendants install hand rails compliant with ANSI; alternatively, defendants may reconstruct these areas.

2. All exterior doors shall be fitted with lever hardware and shall not require pressure greater than 8.5 pounds to open, as provided by ANSI A117.1 §4.13.9 and §4.13.11.

3. Sufficient maneuvering space shall be provided at entries into ground-floor units in accordance with ANSI A117.1 §4.13.6, and protruding light fixtures and fire safety equipment shall be moved or altered so that they do not obstruct the entries and/or accessible routes into any ground-floor units as provided in ANSI A117.1 §4.4.

4. Accessible parking spaces, in sufficient number and size and with appropriate signage mounted at 7' or above, shall be provided consistent with HUD's Fair Housing Act Design Manual at pp. 2.23-2.24 and ANSI A117.1 §4.6. This includes slope not greater than 5% in the parking aisle.

5. Curb ramps shall be reconstructed to comply with the specifications set forth in ANSI A117.1 §§4.7.2, 4.7.3, and 4.7.5. In addition, curb ramps shall be flush and level where they adjoin with the parking space and with the sidewalk, shall not be located within the access aisle of an accessible parking space, and shall be marked so that they are not blocked by cars.

The curb ramp at building 11 is acceptable as constructed.

6. Accessible routes as provided in ANSI A117.1 ï½§§4.3, 4.5, and 4.13 shall be created (a) from the units and parking to the clubhouse, pool, tennis courts, playground, weight room, and rental office, (b) throughout the public areas of the rental office and clubhouse, including sufficient space to maneuver about and enter/use all portions of the clubhouse.

7. The thresholds at all clubhouse doors, including the weight room common door, shall be modified to comply with ANSI A117.1 §4.13.8.

8. Fire extinguisher controls shall be mounted at 54" as provided in ANSI A117.1 §4.2.4. Fire extinguisher cabinet controls shall require not more than 5lb. of pressure to operate as provided in ANSI A117.1 §4.25.

9. The clubhouse/rental office bathrooms shall be altered so that they are accessible to individuals with disabilities in compliance with ANSI A117.1 §§4.16, 4.17, 4.18, 4.19, 4.22 and 4.24 and ADAAG §4.30. This includes placement of all amenities - toilet, sink, toilet paper dispenser - in the bathrooms in an accessible locations; sufficient signage for visually impaired individuals; sufficient clear space before the sink and toilet; sufficient maneuvering space in the bathroom front of door; installation of grab bars of the proper length in proper locations; installation of pull handle on inside of disabled stall door and lowering coat hook to 54"; and installation of door hardware and locking devises that do not require tight grasping, pinching or twisting of the wrist.

10. The clubhouse/rental office shall have accessible sources of drinking water, including drinking fountains which comply with ADAAG §4.1.3(10)(a) and/or water cooler located in an area which allows for a person who uses a wheelchair to make a parallel approach and has accessible controls located between 27" and 36" above the floor.

11. Pool bathrooms shall be altered be altered so that they are accessible to individuals with disabilities in compliance with ANSI A117.1 §§4.5, 4.13, 4.16, 4.17, 4.22, and 4.24. This includes raising floor drains in clear space and maneuvering space to lessen slope and cross slope in the floor; placement of amenities in the bathrooms in accessible locations; sufficient clear space before the sink and toilet; installation of grab bars in the correct the location and dimensions; and installation of door hardware and locking devises that do not require tight grasping, pinching or twisting of the wrist.

12. An accessible route, as set forth in ANSI A117.1 §4.3.7, shall be provided to the pool and spa.

13. Pool gate entrance shall contain latching mechanism mounted at 48" and which does not require tight grasping to open as provided in ANSI A117.1 §4.25.

14. Pool/spa controls shall not require tight grasping, pinching, or wrist twisting to operate and shall be situated to provide sufficient clear floor space to accommodate parallel approach as provided by ANSI A117.1 §4.25.

15. Pool drinking fountain shall be mounted at 27" in compliance with ANSI A117.1 §4.15.

16. The clubhouse kitchenette and bar shall be altered to remove any protruding objects and bring as required by ANSI A117.1 §4.4.1.

17. A van accessible parking space shall be added at the rental office as provided in ADAAG §4.1.2(5)(b).

18. If defendants have a carwash at the complex, it shall be located in an accessible location as provided in ANSI A117.1 §4.3 and §4.25 or remove the carwash.

19. Garbage facilities shall be made accessible or an additional, permanent garbage facility, which is accessible to persons with disabilities shall be added to the complex.

20. Mailboxes shall be made accessible by: ensuring that curb ramp complies with paragraph 5 above and ensuring that cross slopes of not more than 2% on paths leading to, from, and around the mail boxes as provided by ANSI A117.1 §4.3.7.

II. Cypress Meadows

1. All front entrances to ground-floor units and all sidewalks on accessible routes shall be made accessible by bringing them into compliance with ANSI A117.1§4.3. This shall be accomplished by regrading, replacing steps with ramps, or adding ramps, and paving all accessible routes. All sidewalks on accessible routes must be at least 36" wide and sloped to permit wheelchair use as provided by ANSI A117.1 §§4.3.3 and 4.3.7. Where the slope of a walk way is 5.0% and 8.33%, a ramp which complies with ANSI A117.1 §4.8 must be constructed.

Sidewalks at buildings 3601, 3602, 3614, 3718, 3802, 3806, 3807, 16812 and the entry way into the complex are acceptable as constructed. The entry sidewalks to buildings 3505, 3702, and 16808 may remain as constructed provided that defendants install hand rails compliant with ANSI A117.1 §4.8; alternatively, defendants may reconstruct these areas.

2. As provided by ANSI A117.1 §4.4.2, trees, plants, and other landscaping shall not overhang a sidewalk at a height lower than 80".

3. All exterior doors shall be fitted with lever hardware and shall not require pressure greater than 8.5 pounds to open, as provided by ANSI A117.1 §4.13.9 and §4.13.11.

4. Sufficient maneuvering space shall be provided at entries into ground-floor units in accordance with ANSI A117.1 §4.13.6, and protruding light fixtures and fire safety equipment shall be moved or altered so that they do not obstruct the entries and/or accessible routes into any ground-floor units as provided in ANSI A117.1 §4.4.

5. Accessible parking spaces, in sufficient number and size and with appropriate signage mounted at 7' or above, shall be provided consistent with HUD's Fair Housing Act Design Manual at pp. 2.23-2.24 and ANSI A117.1 §4.6. This includes slope not greater than 5% in the parking aisle.

6. Curb ramps shall be reconstructed to comply with the specifications set forth in ANSI A117.1 §§4.7.2, 4.7.3, and 4.7.5. In addition, curb ramps shall be flush and level where they adjoin with the parking space and with the sidewalk, shall not be located within the access aisle of an accessible parking space, and shall be marked so that they are not blocked by cars.

7. Accessible routes as provided in ANSI A117.1 §§4.3, 4.5, and 4.13 shall be created (a)from the units and parking to the clubhouse, pool, bike racks, tennis courts, volleyball court, grills and trash cans, picnic tables, playground, and rental office, (b) throughout the public areas of the rental office and clubhouse, including sufficient space to maneuver about and enter/use all portions of the clubhouse and weight room.

8. The thresholds at all clubhouse doors shall be modified in accordance with ANSI A117.1 § 4.13.8.

9. The clubhouse/rental office bathrooms shall be altered so that they are accessible to individuals with disabilities in compliance with ANSI A117.1 §§4.13, 4.16, 4.17, 4.18, 4.19, 4.22, and 4.24 and ADAAG 4.30. This includes placement of all amenities - toilet, toilet paper dispenser, sink, paper towel dispenser - in the bathrooms in an accessible location; sufficient signage for visually impaired individuals; sufficient clear space before the sink and toilet; sufficient maneuvering and turning space in the bathroom; installation of grab bars in the location and specifications of ANSI §4.17.6; installation of lever faucets; and installation of door hardware and locking devises that do not require tight grasping, pinching or twisting of the wrist.

11. Weight room shall be altered to compliance with ANSI A117.1 §§4.3, 4.13.11, and 4.25 by: arranging equipment to provide paths of 36" between equipment, lowering lock cylinder to 48", and installing doors and/or hardware which requires less than 5 lb. of pressure to operate.

12. Pool bathrooms shall be altered so that they are accessible to individuals with disabilities in compliance with ANSI A117.1 §§4.5, 4.13, 4.16, 4.17, 4.22, and 4.24. This includes placement of all amenities - toilet, toilet paper dispenser, and sink - in the bathrooms in an accessible location; sufficient clear space before the sink and toilet; installation of grab bars in required location and dimensions; and installation of door hardware and locking devises that do not require tight grasping, pinching or twisting of the wrist.

13. Floor/deck areas surrounding the pool and spa shall be sloped as provided in ANSI A117.1 §4.3.7 by leveling out during resurfacing.

14. The pool gate to pool bathrooms shall not require opening force greater than 8.5 lb. of pressure as provided by ANSI A117.1 §4.13.11.

15. Pool/spa controls shall not require tight grasping, pinching, or wrist twisting to operate as provided in ANSI A117.1 §4.25.

16. Pool drinking fountain shall be mounted at 27" and provide sufficient clear space underneath in compliance with ANSI A117.1 §4.15.

17. If defendants have public telephones at the complex, they shall be located in an accessible location as provided in ANSI A117.1 §4.3.7.

18. The clubhouse kitchenette and bar shall be altered to remove any protruding objects as required in ANSI A117.1 §4.4.1.

19. The thermostat in the public areas of the clubhouse shall be placed behind a locked case.

20. If defendants have a carwash at the complex, it shall be located in an accessible location as provided in ANSI A117.1 §4.25 or remove the carwash.

21. Garbage facilities shall be made accessible by removing the seven steps and replacing them with a compliant ramp or by the addition of a permanent garbage facility which is accessible to persons with disabilities at the complex.

22. A van accessible parking space shall be added at the rental office as provided in ADAAG §4.1.2(5)(b).

III. Sheldon Palms

1. All front entrances to ground-floor units and all sidewalks on accessible routes shall be made accessible by bringing them into compliance with ANSI A117.1§4.3. This shall be accomplished by regrading, replacing steps with ramps, or adding ramps, and paving all accessible routes. All sidewalks on accessible routes must be at least 36" wide and sloped to permit wheelchair use as provided by ANSI A117.1 §§4.3.3 and 4.3.7. Where the slope of a walk way is 5.0% and 8.33%, a ramp which complies with ANSI A117.1 §4.8 must be constructed.

Sidewalks at buildings 8808, 8828, 8830, and 8837 are acceptable as constructed. The entry sidewalks to buildings 8824, 8832, and 8837 may remain as constructed provided that defendants install hand rails compliant with ANSI A117.1 §4.8; alternatively, defendants may reconstruct these areas.

2. All exterior doors shall be fitted with lever hardware and shall not require pressure greater than 8.5 pounds to open, as provided by ANSI A117.1 §§4.13.9 and 4.13.11.

5. Curb ramps shall be reconstructed to comply with the specifications set forth in ANSI A117.1 §§4.7.2, 4.7.3, 4.7.5. In addition, curb ramps shall be flush and level where they adjoin with the parking space and with the sidewalk, shall not be located within the access aisle of an accessible parking space, and shall be marked so that they are not blocked by cars.

6. Accessible routes as provided in ANSI A117.1 §§4.3, 4.5, and 4.13 shall be created (a) from the units and parking to the clubhouse, pool, tennis courts, several grills, playground, and rental office, (b) throughout the rental office and clubhouse, including sufficient space to maneuver about and enter/use all portions of the clubhouse.

7. The thresholds at all clubhouse doors shall be modified to comply with ANSI A117.1 § 4.13.8.

8. The clubhouse/rental office bathrooms shall be altered so that they are accessible to individuals with disabilities in compliance with ANSI A117.1 §§4.16, 4.17, 4.18, 4.19, 4.22 and 4.24 and ADAAG §4.30. This includes placement of all amenities - toilet, sink, mirror, soap dispenser, toilet paper dispenser - in the bathrooms in an accessible location; sufficient signage for visually impaired individuals; sufficient clear space before the sink and toilet; sufficient turning space; installation of grab bars; and installation of hardware and locking devises that do not require tight grasping, pinching or twisting of the wrist.

9. The clubhouse/rental office shall have accessible sources of drinking water, including drinking fountains which comply with ADAAG §4.1.3(10)(a) and/or water cooler located in an area which allows for a person who uses a wheelchair to make a parallel approach and has accessible controls located between 27" and 36" above the floor.

10. Pool bathrooms shall be altered be altered so that they are accessible to individuals with disabilities in compliance with ANSI A117.1 §§4.5, 4.13, 4.16, 4.17, 4.22, and 4.24. This includes a slope not greater than 2% in the bathroom floor; placement of all amenities in the bathrooms in an accessible location; sufficient signage for visually impaired individuals; sufficient clear space before the sink and toilet; installation of grab bars; sufficient turning space; and installation of door hardware and locking devises that do not require tight grasping, pinching or twisting of the wrist.

11. Floor/deck areas surrounding the pool and spa shall be sloped as provided in ANSI A117.1 §4.3.7 by leveling out during resurfacing.

12. Pool gate entrance shall contain latching mechanism mounted at 48" and which does not require tight grasping to open as provided in ANSI A117.1 §4.25.

13. Pool drinking fountain shall be mounted at 27" and have sufficient clear space underneath in compliance with ANSI A117.1 §4.15.

14. The clubhouse kitchenette and bar shall be altered to remove any protruding objects as required in ANSI A117.1 §4.4.1.

15. The doors and landing at the clubhouse exercise room shall be made to close in accordance with ANSI A117.1 §4.13.

16. The controls for the clubhouse hot tub shall not require tight grasping, pinching, or wrist twisting to operate as provided in ANSI A117.1 §4.25.

17. If defendants have a carwash at the complex, it shall be located in an accessible location as provided in ANSI A117.1 §4.25 or remove the carwash.

18. Garbage facilities shall be made accessible or an additional permanent garbage facility, which is accessible to persons with disabilities, shall be added to the complex.

19. A van accessible parking space shall be added at the rental office as provided in ADAAG §4.1.2(5)(b).

20. The clubhouse thermostat controls shall be lowered or placed under a locked cover plate.

Appendix B

Retrofits to Interiors of Covered Units

I. Compton Place

1. All interior doorways shall provide a nominal clear floor space of 32" in width as described in ANSI A117.1 §4.13.5. This includes bedroom, bathroom, and laundry-room doors and entry-ways, as well as the doorways at walk-in closets.

2. All interior passageways and hallways shall provide nominal clear floor space of 36" in width as provided in ANSI A117.1 §§4.3.3 and 4.32, table 4.

3. The master bathroom shall be altered to comply with ANSI A117.1 §4.32.4 and allow sufficient maneuvering space for an individual who uses a wheelchair to enter the bathroom, close the door behind him or her, and use the toilet, sink, and bathtub/shower. Clear floor space as specified by HUD's Fair Housing Act Design Manual at pp. 7.39 - 7.59 shall be provided in front of all bathroom facilities, including sinks, toilets, bathtubs and showers.

4. In all bathrooms where the swing of the bathroom door prevents an individual who uses a wheelchair from entering the bathroom and closing the door behind him or her, such doors shall be rehung to allow such action in compliance with ANSI A117.1 §4.32.4.1.

5. The interior thresholds at all unit entry doors, i.e., front doors and patio doors shall be made to comply with ANSI A117.1 §4.13.8.

6. The interior thresholds at storage facility doors made to comply with ANSI A117.1 § 4.13.8.

7. All electrical outlets, all thermostats, all light switches and all security system controls shall be mounted at 48" above the floor and in accessible locations consistent with ANSI A117.1 §4.25.2. If any such control is placed over an obstruction, its location must comply with ANSI A117.1 §4.2.5, Fig. 5(b) for forward approach or ANSI A117.1 §4.2.6, Fig. 6(c) for side approach.

8. All cloths washing machines and cloths dryers shall be situated so as not to block the 36" accessible route into and through the laundry room as provided in ANSI A117.1 ï½§§4.32.6.1, 4.3.3, and 4.32, table 4.

II. Cypress Meadows

2. Linen closets in bathrooms shall be reconfigured to place storage shelves in an accessible location, in compliance with ANSI A117.1 §4.23.3, adjacent to the front opening of the closet.

5. The interior thresholds at all unit entry doors, i.e., front doors and patio doors shall be made to comply with ANSI A117.1 §4.13.8.

6. The interior thresholds at storage facility doors made to comply with ANSI A117.1 § 4.13.8.

7. All thresholds to laundry rooms shall be reduced to not higher than .5" in compliance with ANSI A117.1 §§4.3.8 and 4.32, table 4.

8. All electrical outlets, all thermostats, and all light switches shall be mounted at 48" above the floor and in accessible locations consistent with ANSI A117.1 §4.25.2. If any such control is placed over an obstruction, its location must comply with ANSI A117.1 §4.2.5, Fig. 5(b) for forward approach or ANSI A117.1 §4.2.6, Fig. 6(c) for side approach.

III. Sheldon Palms

1. All interior doorways shall provide a nominal clear floor space of 32" in width as described in ANSI A117.1 §4.13.5. This includes bedroom and bathroom doors and the doorways at walk-in closets.

2. Linen closets in bathrooms shall be reconfigured to place storage shelves in an accessible location, in compliance with ANSI A117.1 §4.23.3, adjacent to the front opening of the closet.

5. The interior thresholds at all unit entry doors, i.e., front doors and patio doors shall be made to comply with ANSI A117.1 §4.13.8.

6. The interior thresholds at storage facility doors made to comply with ANSI A117.1 § 4.13.8.

7. All electrical outlets, all thermostats, all light switches, and all security system/alarm controls shall be mounted at 48" above the floor and in accessible locations consistent with ANSI A117.1 § 4.25.2. If any such control is placed over an obstruction, its location must comply with ANSI A117.1 §4.2.5, Fig. 5(b) for forward approach or ANSI A117.1 §4.2.6, Fig. 6(c) for side approach.

Appendix C

Retrofits to Interior of Covered Units to be

Performed upon Tenant Request

1. Upon request by a tenant or prospective tenant, the second bathroom shall be retrofitted to comply with ANSI A117.1 §4.32.4 and allow sufficient maneuvering space for an individual who uses a wheelchair to enter the bathroom, close the door behind him or her, and use the toilet, sink, and bathtub/shower. Clear floor space as specified by HUD's Fair Housing Act Design Manual at pp. 7.39 - 7.59 shall be provided in front of all bathroom facilities, including sinks, toilets, bathtubs and showers. Throughout the duration of this order, Defendants shall maintain in stock six (6) sets of materials to make such changes.

2. Upon request, defendants shall install a raised platform on patios of first floor patios so that the patio is flush with the patio door, thereby allowing persons who use wheelchairs to use the patios and access storage. Throughout the duration of this order, Defendants shall maintain in their warehouse six (6) sets of materials to make such changes.

3. Upon request, defendants shall replace the stand-alone clothes washer and dryer in the units with the tenant(s)' choice of either a stackable washer/dryer or a front-loading washer. In addition, defendants shall make an effort to obtain washers and dryers that are small enough not to encroach the accessible route into and about a laundry room. Throughout the duration of this Order, defendants shall maintain a supply of one (1) stackable washer/dryer and one (1) front-loading washer in their warehouse.

4. Upon request, defendants shall install grab bars which comply with ANSI A117.1 §4.24 in bathroom(s). Defendants may use "wing-it" toggles to install these grab bars. Defendants shall maintain a supply of 60 toggles and 30 grab bars in their warehouse at all times duration of this Order.

5. Upon request, defendants shall replace all interior door knob-type hardware with lever type locksets which comply with ANSI A117.1 §4.13.9. Throughout the duration of this order, Defendants shall maintain twenty-five (25) locksets in stock in their warehouse.

6. Upon request, defendants shall replace bathroom water faucet controls with lever type faucet controls which comply with ANSI A117.1 §4.19.5. Throughout the duration of this order, Defendants shall maintain twenty-five (25) sets of faucets or fifty (50) individual faucets in their warehouse.

Appendix D

Retrofit Reply Card

Dear Tenant:

The owners of this apartment complex will make certain changes to your ground floor apartment without charge to make it more accessible to disabled persons. These changes will allow a person with a disability to enjoy and use the apartment better. The changes can be helpful to someone who uses a wheelchair or a walker, or who needs help to get around.

If you would like any of these changes, please check which change you would like and return this card to the rental office. The apartment owners will make the change(s) you request within fifteen (15) days. If you will be required to vacate your apartment while the changes are made, the apartment complex owners will pay your reasonable relocation and housing expenses, including storage fees if your belongings must be removed from your apartment.

Name: _______________________

Address: _______________________

Phone: _______________________

I would like the following changes to be made without charge to me:

_____ Placement of grab bars in bathroom

_____ Construction of wooden platform on patio to allow better access to patio and storage

_____ Redo second bathroom to provide space for person with disability

_____ Install lever door hardware on doors inside my apartment.

_____ Install lever faucet controls in bathrooms.

_____ Accessible laundry facilities (check one):

_____ Stackable washer/dryer; or

_____ Front loading washing machine

Appendix E

Notice to Potential Victims of Housing Discrimination

On _____________________, 2003, the United States District Court for the Middle District of Florida entered a Consent Decree resolving a lawsuit brought by the United States Department of Justice against the parties who designed, built, and own the following apartment complexes:

Compton Place at Tampa Palms, located at 6000 Compton Estates Way in Tampa, FL

The Landings at Cypress Meadows, located at 3605 Landings Way Drive in Tampa, FL

Sheldon Palms Apartments, located at 8802 Brennan Circle in Tampa, FL

The lawsuit alleged that those parties failed to include certain handicap accessible features required by the Fair Housing Act, 42 U.S.C. §3604(f)(3)(C).

People who were harmed because of the lack of accessible features may be entitled to receive monetary compensation. Please read the following information to determine if you qualify for compensation and who you should contact.

The lawsuit alleges that Compton Place, Cypress Meadows, and Sheldon Palms do not comply with the law because:

a. The public use and common use areas are not readily accessible to and usable by persons with disabilities;

b. Doors inside the units are not wide enough to allow passage by wheelchair users; and

c. The units do not contain the following accessible design features:

An accessible route into and through the dwelling;

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

Reinforcements in bathroom walls to allow later installation of grab bars; and

Kitchens and bathrooms that individuals who use wheelchairs can access.

Under this consent order, you may be entitled to receive monetary relief if you, or anyone you know,

have a disability and was prevented or had difficulty applying for, renting, living at, or visiting an apartment at Compton Place, Cypress Meadows, and Sheldon Palms;
were discouraged from living at Compton Place, Cypress Meadows, and Sheldon Palms because of the lack of accessible features;
have been hurt in any way by the lack of handicap accessibility features at Compton Place, Cypress Meadows, and Sheldon Palms;
paid to have your apartment at Compton Place, Cypress Meadows, and Sheldon Palms made more handicap accessible; or
were otherwise discriminated against because of disability as a result of the lack of accessibility features at Compton Place, Cypress Meadows, and Sheldon Palms.

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 1-800-896-7743, Extension 995

You may also write to:

U.S. Department of Justice, Civil Rights Division, Housing Section 950 Pennsylvania Ave., NW - NWB
Washington, DC 20530
Attn: 175-17m-430
Fax: 202-514-1116

Appendix F

RELEASE OF CLAIMS

In consideration for the covenants and agreements made and reflected in the Consent Order entered in United States v. Compton Place Associates, et al., Civ. No. ________, as well as in consideration of the payment to me of ______________ dollars, I hereby release all claims, including attorney fees, that I may have against defendants Compton Place Associates, Sheldon Road Associates, and Cypress Meadows Associates, and all of their partners, officers, directors, shareholders, members, agents, affiliates and employees, arising out of, or related to the aforesaid litigation. I further understand that the release of claims shall be binding upon my heirs, successors, and any and all persons acting in concert with me.

I also acknowledge that I have had the opportunity to review the terms of this Release with an attorney of my choosing, and to the extent that I have not obtained that legal advice, I voluntarily and knowingly waive my right to do so.

____________________________
(Signature)

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

SUBSCRIBED and sworn to before

me this ___________ day of ___________________, 200_.

________________________________
Notary Public

My Commission expires:

Appendix G

Employee Certification

I, ___________________________, have read the Consent Order in United States v. Compton Place Associates, et. al., Civ. No. , and understand its terms.

____________________________________
Name

____________________________________
Signature

____________________________________
Job Title

________________
Date

Appendix H

I certify that on this __ day of ____________, 20__, ___________________, attended a

(name of attendee)

fair housing training conducted by myself at ____________________.

(location of training)

_________________________
Signature of instructor

_________________________
Name of instructor

Appendix I

_____________________ (name of complex) is wheelchair accessible. Upon request, additional accessibility features will be added without charge.

Appendix J

General statement for all Section VII.B. homes:

Homes at ______________ contain accessible and universal design features and are accessible to persons with disabilities.

Appendix K

Additional statement for Section VII.B houses, to be used until two hundred ten (210) such houses are built containing the optional features described in Section VII.C.3:

Homes at ______________ can be constructed with a roll-in shower for wheelchair use and kitchen and bathroom counters built to the height you desire at no extra cost to you. Please see a representative to request these complimentary features.

Appendix L

Additional statement for Section VII.B houses to be used after two hundred ten (210) such houses are built containing the optional features described in Section VII.C.3:

Homes at ______________ can be constructed with a roll-in shower for wheelchair use and kitchen and bathroom counters built to the height you desire. Please see a representative to request these features and obtain more information about their cost.

Appendix M

Statement to be included in newspaper advertisements four inches of text or less in addition to the international symbol for disability:

Wheelchair accessible. Roll-in shower and custom height cabinetry available without charge.

1. The following sections of this Order do not apply to defendants Compton Place Associates, Sheldon Road Associates, Cypress Meadows Associates: VII.A and X.E.5.

2. The following sections of this Order do not apply to Defendant Raymond Leon d/b/a RJ Leon & Associates: III, V, VI, VII.B., VII.C., VII.D., VII.E, VII.F., IX.C, IX.D., X.C, X.E.1., and X.E.6.

3. All submissions to the United States or its counsel shall be made to: U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, P.O. Box 65998, Washington, D.C. 20035-5998. Attn: DJ No. 175-17M-430.

4. The total number of covered units is 416.

Document Filed: August 6, 2003

Updated August 6, 2015