UNITED STATES OF AMERICA,

Plaintiff,

WILLIAM A. MAHER;
WILLIAM A. MAHER,
as next friend for KEVIN MAHER;
PEARL L. SHORTER; and
MARTIN J. BARNDS,

Plaintiff-Intervenors,

vs.                                              Case No. CIV 02-1181 WJ/ACT

FAIR PLAZA ASSOCIATES;
JOHN J. McMULLAN, in his
individual capacity and d/b/a
JOHN J. McMULLAN, REALTOR;
BESSIE GUTIERREZ; NANCY FOWLER;
and FAYE CROW,

Defendants.

1. The United States initiated this action on September 19, 2002 pursuant to Section 814 of the Fair Housing Act, 42 U.S.C. §3614, alleging that the Defendants, Fair Plaza Associates; John McMullan; John McMullan d/b/a John J. McMullan, Realtor; Bessie Gutierrez; Nancy Fowler; and Faye Crow (collectively, "Defendants"), discriminated based on race or color and familial status in the rental of apartments. At all times relevant to this case, Defendants were the owners and/or managers of multifamily residential rental properties totaling approximately 389 dwelling units in twelve apartment complexes in Albuquerque, New Mexico: Fair Plaza Apartments; Casa Del Rey Norte, Sur & Oeste; La Hacienda Norte, Sur & Este; Playa Del Sol Apartments; Whitehouse Apartments; Graceland Apartments; and El Pueblo and El Pueblo II Apartments (hereinafter referred to as "McMullan Defendants Apartment Complexes").

2. The United States conducted an investigation including testing. The United States alleges that testing involves the use of paired individuals with similar characteristics except for race or color or familial status who inquire about the availability of rentals. The Unites States alleges that the investigation and testing revealed a pattern or practice of housing discrimination based on race or color and familial status.

3. The United States' Complaint alleges that Defendants engaged in a pattern or practice of discrimination in violation of the Fair Housing Act by refusing to rent or negotiate for, or otherwise making unavailable or denying, dwellings to persons on the basis of race or color and familial status, in violation of 42 U.S.C. §3604(a). The Complaint also alleges that Defendants discriminated against complainants and others in the terms, conditions, or privileges of rental on the basis of race or color and familial status in violation of 42 U.S.C. §3604(b), and made or caused to be made statements with respect to the rental of a dwelling that indicate a preference, limitation or discrimination because of race or color and familial status, in violation of 42 U.S.C. §3604(c). The Complaint further alleges that Defendants represented to the aggrieved persons and others, because of their race or color and/or familial status, that dwellings were not available for inspection or rental when such dwellings were in fact so available, in violation of 42 U.S.C. §3604(d). Defendants deny these allegations.

4. The Defendants and the United States desire to avoid costly and protracted litigation and agree that the controversy should be resolved without an evidentiary hearing. Therefore, without a trial, the parties have consented to entry of this Order, as indicated by the signatures appearing below.

   Accordingly, the Court ORDERS, ADJUDGES, and DECREES that:

   I.    INJUNCTION

5. Defendants, their employees, agents, and all those acting in concert or participation with them, are hereby enjoined from:

   1. Refusing to rent a dwelling, refusing or failing to provide or offer information about a dwelling, or otherwise making unavailable or denying a dwelling to persons because of race, color, or familial status;

   2. Discriminating against any person in the terms, conditions, or privileges of rental or sale of a dwelling or in the provision of services or facilities in connection therewith, because of race, color, or familial status;

   3. Making, printing, publishing, or causing to be made, printed or published, any notice, statement, or advertisement with respect to the rental, sale, or ownership of a dwelling that indicates any preference, limitation, or discrimination on the basis of race, color, or familial status;

   4. Representing to any person because of race, color, or familial status that any dwelling is not available for inspection, sale, or rental when such dwelling is, in fact, so available.

   II.    AFFIRMATIVE RELIEF

6. Application and Tenancy Procedures: Defendants, including their representatives, employees, and agents, shall comply with the procedures in paragraphs 7 through 14 with respect to the rental of dwellings in the McMullan Defendants Apartment Complexes to ensure compliance with the Fair Housing Act and to ensure that all these dwellings are made available for rent on an equal basis and on the same terms and conditions for all persons.

7. Uniform and Nondiscriminatory Procedures: Defendants shall implement objective, written Uniform and Nondiscriminatory Procedures for receiving, handling, processing, rejecting and approving rental inquiries and applications made in-person, by telephone, or by other means. Such written Uniform and Nondiscriminatory Procedures shall be submitted to the United States for approval in advance of their implementation.

8. Availability Lists: Defendants shall maintain current, accurate lists of all dwellings available or expected to be available for rental within the next thirty (30) days ("Availability Lists"), which include for each dwelling:

   1. The address, apartment number, and number of bedrooms;

   2. Whether the apartment is vacant and, if not, the date that the apartment is scheduled to be vacant;

   3. Whether the apartment is available to be moved into and, if not, the date that it is expected to be available for move-in;

   4. Whether the apartment is available to be shown to the public; and

   5. The proposed monthly rent.

   Each Availability list shall be specific for each apartment complex, be updated at least weekly and shall bear the date it was issued or updated at the top.

9. Guest Cards: Defendants shall maintain Guest Cards and request all persons who visit or inquire about the McMullan Defendants Apartment Complexes to fill out a Guest Card providing the date of the visit, the visitor's name, address, daytime and evening telephone numbers, children under 18 expected to occupy the dwelling, and date by which they wish to move. Defendants shall note on the Guest Card the dwelling units the person was shown and whether the person was given an application. The Guest Card shall contain a space in which the visitor may voluntarily note his or her race and national origin. Should a visitor not fill in this space, the defendants shall fill it in based on the good faith observations of an employee or agent. The top portion of the Guest Card shall contain the following disclaimer: "The following information is requested to assist this apartment complex in complying with the federal Fair Housing Act and will be kept confidential. Providing your race is voluntary and this information is not required in order to rent an apartment."

10. Rental Application Log:    Defendants shall maintain a Rental Application Log on a daily basis that sets forth the name and race (based on the employee's or agent's good faith observation) of the applicant, whether the application for tenancy was approved or rejected, the building and unit number occupied for all approved applicants, and, for all rejected applications, a complete explanation of the reason for the denial. The Rental Application Log shall be similar to that attached hereto as Attachment A.

11. Information provided to prospective applicants:    Defendants shall inform all persons who inquire about renting dwellings of all types of units currently available for rent and any types of units which are reasonably likely to be available during the time frame requested by the person making inquiry. For units of the same type, Defendants shall inform inquirers of differing locations and features. Defendants shall also provide accurate information about the lease term and rental rate of each unit which is currently available for rent, as well as any security deposits or other fees required to reserve or lease the apartment. Defendants shall advise all persons who inquire about renting a dwelling that they may fill out an application and/or be put on a waiting list, which shall be maintained pursuant to Paragraph 13 below, of this Section.

12. Rental Applications:    Defendants shall write legibly on each rental application filled out by a prospective tenant the month, day, year, and time that Defendants received the application. Defendants shall process the applications in the order in which they were received and offer to lease dwellings to qualified applicants based on the order in which the applications were received. To the extent Defendants reject any application, Defendants shall provide, either on the application or on an attachment to the application, a written explanation why the applicant was determined ineligible for tenancy, including all reasons therefor. Defendants shall permit all persons who inquire about renting a dwelling unit the opportunity to complete a written rental application and/or to be placed on a Waiting List.

13. Waiting Lists:    Defendants shall maintain a Waiting List of all prospective applicants who wish to be placed on such a list in chronological order by date and, if possible, time of inquiry. For all prospective applicants, the Waiting List shall state their name, current address, daytime and evening telephone number, the number of intended occupants, and a description of the dwelling desired (e.g. number of bedrooms, monthly rent, location or other). When Defendants become aware of any current or future vacancy at a dwelling owned or managed by them, they shall make a reasonable attempt to contact persons from the Waiting List, in chronological order, before making that dwelling available to any other person. Defendants shall indicate on the Waiting List, for each prospective applicant, their name, date placed on the list, the date(s) and time(s) of attempted or actual communication regarding the availability of a dwelling and the nature of the communication (e.g. telephone call, letter, or other) and the result of all such communications. Defendants may purge individuals on the Waiting List after such individual has been on the list for 90 days.

14. Occupancy Limits:    Defendants currently limit occupancy to three (3) persons for each one bedroom apartment. While Defendants may limit the size of households to three persons per bedroom, Defendants shall not otherwise restrict households from renting dwellings at the McMullan Defendants Apartment Complexes based on familial status. Defendants shall not maintain individual apartments, floors, buildings, or complexes as "Adult Only" or in any way limit families with children from renting any dwelling at the McMullan Defendants Apartment Complexes. If Defendants wish to adopt any policy or standard more restrictive than outlined above, a copy of any such proposed policy or standard shall first be submitted to counsel for the United States for approval. ⁽¹⁾ Moreover, no occupancy policy, standard or restriction shall be more restrictive than such allowed by the United States Department of Housing and Urban Development (HUD) Fair Housing Enforcement--Occupancy Standards Notice of Statement of Policy, 63 FR 70256 (Dec. 18, 1998).
    III.    TRAINING

15. Within ninety (90) days after the entry of this Order (if they have not done so already within one year of this Order), Defendants and all agents or employees of Defendants who have responsibility for showing, renting, or managing dwellings at the McMullan Defendants Apartment Complexes and each agent or employee who supervises such activities, shall attend and complete a fair housing training program to be conducted by the Fair Housing Center of New Mexico Legal Aid or any other educational service, agreeable to both Defendants and the United States, at Defendants' expense.

16. The individuals trained shall verify their attendance at the training in writing.

17. The training shall include the following:

    1. Informing each individual of his or her duties and obligations under this Order as well as under the Fair Housing Act;

    2. Furnishing to each individual a copy of this Order, Defendants' written Uniform and Non-discriminatory Procedures and the Fair Housing Act;

    3. Informing each individual of procedures to ensure that the race, color, familial status, or other protected status of a prospective renter does not influence the process of providing rental information to persons who make inquiries or the process of making decisions on rental applications; and

    4. Securing a signed certification in the form of the statement attached hereto as Attachment B, from each such individual indicating that he or she has received, read, and understood this Order and Defendants' written Uniform and Non-discriminatory Procedures.

18. During the period in which this Order is in effect, within five (5) days of commencing an employment or agency relationship, all new agents or employees of Defendants who have responsibility for showing, renting, or managing dwellings at the McMullan Defendants Apartment Complexes and/or supervising such activities, shall be given a copy of the Defendants' written Uniform and Non-discriminatory Procedures and this Consent Order and be required to sign the statement appearing at Attachment B.
    IV.    NOTIFICATION TO TENANTS

19. Defendants shall:

    1. Provide each current tenant, within thirty (30) days of the entry of this Order, and each new tenant, within five (5) days of the commencement of his or her tenancy, and provide each prospective applicant, with Defendants' written Uniform and Non-discriminatory Procedures, and a copy of the HUD booklet, entitled Fair Housing Is Your Right!, HUD Form 903.1, in English and Spanish; and

    2. Post and prominently display a full size HUD fair housing poster, HUD Form 928.1, in a conspicuous location in or near the rental office or apartment or other location used as a rental office at each of the McMullan Defendants Apartment Complexes within thirty (30) days of the date of this Order.

    V.    ADVERTISING

20. Defendants shall include the words "Equal Housing Opportunity" and/or the fair housing logo in all advertising (e.g., whether in newspapers, telephone directories, or other written materials; on radio, television or other media broadcasts; and on all billboards, signs, pamphlets, brochures and other promotional literature) produced by or for Defendants and/or their agents, or employees in relation to the dwellings at the McMullan Defendants Apartment Complexes. The words and/or logo shall be prominently placed and easily readable.

21. Defendants shall include the following phrase on all rental applications, guest cards, leases, rules, procedures, regulations, posters, and brochures using type size of at least equal size to that of the text in the body of the document:

    We are an equal housing opportunity provider. We do not discriminate on the basis of race, color, sex, national origin, religion, handicap or familial status (having children under age 18).

    The phrase shall be prominently placed and easily legible.

    VI.    TESTING

22. The United States may take steps to monitor Defendants' compliance with this Order including, but not limited to, conducting fair housing tests at any dwelling in which any Defendant, now or in the future, has a direct or indirect ownership, management, or financial interest to deter and detect future acts of unlawful housing discrimination and to determine whether the Defendants are violating any part of this Order.
    VII.    RECORD KEEPING

23. Beginning thirty (30) days after entry of this Order and continuing for the duration of this Order, Defendants shall preserve and maintain all records which are the source of, contain, or relate to any information pertinent to their obligations under this Order, including, but not limited to, the following:

    1. Availability Lists;

    2. Guest Cards;

    3. Rental Application Logs;

    4. Waiting Lists;

    5. Applications;

    6. Leases;

    7. Non-discriminatory procedures;

    8. Tenant rules and regulations;

    9. Rental ledgers; and

    10. Any other information related to any inquiries regarding the availability of any dwellings at the McMullan Defendants Apartment Complexes, and the persons who made these inquiries.

    VIII.     REPORTING REQUIREMENTS

24. Within one-hundred-twenty (120) days of the entry of this Order, Defendants shall submit

    1. All written verifications of the training conducted pursuant to the requirements set forth above;

    2. Copies of all signed certifications of attendance at training(s) conducted pursuant to the terms enumerated above;

    3. Copies of the signed and initialed Employee Fair Housing Acknowledgment Form from Defendants and their employees and agents avowing that each understands this Order and Defendants' written Uniform and Non-discriminatory Procedures (see Attachment B);

    4. A photograph of all the rental offices or apartments used as rental offices at the McMullan Defendants Apartment Complexes, which verify that the Fair Housing Poster is being displayed as required by the terms enumerated above;

    5. Representative copies of the applications, leases, brochures and other materials prepared pursuant to the requirements of the terms enumerated above;

    6. Representative copies of any existing tenant rules and regulations; and

    7. Written verification that the Notice to Tenants has been distributed as required by the terms enumerated above.

25. Beginning six (6) months after the entry of this Order, and every six (6) months thereafter for the duration of this Order, Defendants shall deliver to counsel for the United States a report covering the preceding six months and containing the following information:

    1. All written verifications of the training conducted pursuant to the requirements enumerated above;

    2. Copies of all signed certifications of attendance at training(s) conducted pursuant to the requirements enumerated above;

    3. Copies of the signed and initialed Employee Fair Housing Acknowledgment Form from Defendants and their employees and agents avowing that each understands this Order and Defendants' written Uniform and Non-discriminatory Procedures (see Attachment B);

    4. A report, in summary form, of the number of households moving into dwellings at the McMullan Defendants Apartment Complexes during the reporting period and the number of those, if any, which included African-Americans and/or children under the age of eighteen (based upon the identification described above);

    5. Copies of any advertisements or listings published or circulated by Defendants regarding the dwellings at the McMullan Defendants Apartment Complexes during the reporting period and including the name of the publication and the publication date.

26. Defendants shall also advise counsel for the United States, in writing, within thirty (30) days, of receipt of any complaint, whether written, oral, or in any other form, against Defendants, or against any of Defendants' employees, agents or residential rental properties or dwellings, regarding any type of discrimination based on race, color, and familial status. This notification shall include a copy of the complaint, full details of the complaint, any action taken by Defendants, the complainant's name, address, and telephone number, and shall be accompanied by all pertinent documents. The Defendants shall also advise counsel for the United States, in writing, within fifteen (15) days of the resolution of any complaint.
    IX.     INSPECTIONS

27. During the term of this Order, representatives of the United States shall be permitted, upon providing reasonable notice to Defendants, to inspect and copy at reasonable times any and all records related to the rental of dwellings at the McMullan Defendants Apartment Complexes or related to Defendants' obligations under this Order.
    X.     MONETARY RELIEF

28. Compensation for Identified Aggrieved Persons

    1. Within 14 days from the date of this Order, Defendants shall issue a check or money order for the sum of four thousand dollars ($4,000) payable to New Mexico Legal Aid Trust Account for Martin Barnds. They shall deliver the check or money order to counsel for the United States. The United States shall not deliver the check or money order to Mr. Barnds until it receives from him an executed release of claims, attached hereto as Attachment C. The United States shall forward the executed release to Defendants immediately upon receiving it.

    2. Within 14 days from the date of this Order, Defendants shall issue a check or money order for the sum of five thousand dollars ($5,000) payable to New Mexico Legal Aid Trust Account for Pearl Shorter. They shall deliver the check or money order to counsel for the United States. The United States shall not deliver the check or money order to Ms. Shorter until it receives from her an executed release of claims, attached hereto as Attachment C. The United States shall forward the executed release to Defendants immediately upon receiving it.

    3. Within 14 days from the date of this Order, Defendants shall issue a check or money order for the sum of ten thousand dollars ($10,000) payable to New Mexico Legal Aid Trust Account for William Maher. They shall deliver the check or money order to counsel for the United States. The United States shall not deliver the check or money order to Mr. Maher until it receives from him an executed release of claims, attached hereto as Attachment C. The United States shall forward the executed release to Defendants immediately upon receiving it.

    4. Within 14 days from the date of this Order, Defendants shall issue a check or money order for the sum of two thousand dollars ($2,000) payable to New Mexico Legal Aid Trust Account for William Maher, as parent and next friend for Kevin Maher, a minor. They shall deliver the check or money order to counsel for the United States. The United States shall not deliver the check or money order to Mr. Maher, as parent and next friend for Kevin Maher, a minor, until it receives from him an executed release of claims, attached hereto as Attachment C, and the settlement is approved by the United States District Court for the District of New Mexico. The United States shall forward the executed release to Defendants immediately upon receiving it. All funds paid on behalf of Kevin Maher, a minor, shall be held in trust by his parent and next friend, William Maher, until the age of majority. By entering this Order, the Court hereby approves the settlement of this case on behalf of Kevin Maher, a minor.

    5. Within 14 days from the date of this Order, Defendants shall issue a check or money order for the sum of four thousand dollars ($4,000) payable to the Fair Housing Center of New Mexico Legal Aid. They shall deliver the check or money order to counsel for the United States. The United States shall not deliver the check or money order to the Fair Housing Center of New Mexico Legal Aid until it receives from it an executed release of claims, attached hereto as Attachment C. The United States shall forward the executed release to defendants immediately upon receiving it.

29. Establishment of Monetary Fund

    1. Within fourteen (14) business days after entry of this Order, Defendants shall deposit the sum of eighty-five thousand dollars ($85,000) in an interest-bearing account for the purpose of compensating any other aggrieved persons who may have been the victims of the alleged discriminatory housing practices at dwellings at the McMullan Defendants Apartment Complexes, and who will be identified through the procedures set forth in this Section. Within thirty (30) days of the date of filing of this Consent Order with the Clerk of the United States District Court for the District of New Mexico, the Defendants shall submit proof to the United States that the account has been established and the funds deposited.

30. Identification of Victims

    1. At least once each week during the thirty (30) days following the date of entry of this Consent Order, including on at least two Sundays in the Albuquerque Journal, Defendants shall arrange for and publish a Notice to Potential Victims of Housing Discrimination ("Notice") as follows: Each Notice shall appear in the news sections of the Albuquerque Journal and the Albuquerque Tribune and shall be at least an eighth of a page. The text of this notice shall be as set forth in Attachment D. Defendants shall provide a copy of the newspaper containing each such Notice to counsel for the United States within three (3) days after publication of the Notice. Defendants shall notify counsel for the United States, in writing, of the date on which the last such notice was published, within five (5) days of its publication.

    2. Defendants shall produce or permit representatives of the United States to review any rental/tenancy records pertaining to rental dwellings at the McMullan Defendants Apartment Complexes that are in the possession or control of the Defendants, their agents or employees, upon notice to Defendants' counsel, which the United States believes would be useful in identifying persons who may be entitled to relief under this Order. Upon reasonable notice, the Defendants shall provide such rental/tenancy records or shall permit representatives of the United States to receive copies of such rental/tenancy records through Defendants' counsel or, alternatively, to make such an inspection of rental/tenancy records on any business day.

    3. Individuals claiming to be aggrieved persons shall have ninety (90) days from the date of the last published Notice within which to contact the United States to assert any claims in connection with this Order.

    4. Within one hundred eighty (180) days from the date of the last published Notice, the United States, after investigation, shall make a preliminary determination of which persons, from among those who have contacted the United States pursuant to the procedures described above or those whom the United States has identified through other means, are likely to have been aggrieved victims of discriminatory housing practices by the Defendants and an appropriate amount of damages that should be paid to each such person.

    5. The United States will inform Defendants in writing of its preliminary determinations within thirty (30) days of such determinations, together with a copy of a sworn declaration from each aggrieved person setting forth the factual basis of the claim. Defendants shall have thirty (30) days to review the declaration and provide to the United States any documents or information that they believe may refute the claim.

    6. After receiving Defendants' comments, the United States shall submit its final recommendations to the Court for approval, together with a copy of the declarations and any additional information submitted by Defendants. When the Court issues an order approving or changing the United States' proposed distribution of funds for aggrieved persons, Defendants shall, within ten (10) days of the Court's order, deliver to the United States checks payable to the aggrieved persons in the amounts approved by the Court. Counsel for the United States shall not forward an aggrieved person's check until the United States has received that person's executed release of claims form, a copy of which shall be provided to Defendants.

    7. No aggrieved person shall be paid pursuant to this Section until after execution of a written release, Attachment C, of all claims, legal or equitable, that he or she might have against the Defendants relating to the claims asserted in this lawsuit.

    8. The total amount to be paid by the Defendants pursuant to this Section shall not exceed the account established under paragraph 29 above, of this Section.

    9. In the event that less than the total amount in the Monetary Fund, including interest, if any, is distributed to aggrieved persons, the Court shall distribute the remainder in a manner consistent with the purposes of this Consent Order and the Fair Housing Act. Defendants shall make a proposal to the Court regarding distribution of the remainder of the fund for purposes consistent with this Consent Order and the Fair Housing Act. When the Court issues an order concerning the proposed distribution of funds, Defendants shall issue check(s) within ten (10) days of the Court's determination in the amount(s) set forth in the Order to the United States for distribution in accordance with the terms of the Court's order.

31. Civil Penalty

    1. In order to vindicate the public interest, Defendants shall also pay the United States the sum of ten thousand dollars ($10,000) to constitute a civil penalty pursuant to 42 U.S.C. §3614(d)(1)(C). Within thirty (30) days following the entry of this Order, Defendants shall send a check made payable to the United States Treasury in said amount.

    XI.     JURISDICTION AND SCOPE OF ORDER

32. The parties stipulate and the Court finds that the Court has personal jurisdiction over the Defendants for purposes of this Civil Action, and subject matter jurisdiction over the claims in this Civil Action pursuant to 28 U.S.C. §1345 and 42 U.S.C. §3614(a).

33. This Consent Order shall remain in effect for a period of three (3) years from the date the Court enters this Consent Order. The Court shall retain jurisdiction for the duration of this Consent Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice.

34. The provisions of this Order shall apply to Defendants, their employees, agents, anyone acting under their direction, and all those acting in concert or participation with any of them. The provisions of this Order shall not apply to any subsequent purchasers of any of the apartment complexes so long as the sale is an arms length transaction to a purchaser who has no current financial, managerial, or family relationship to any of the Defendants.

35. The provisions of this Order shall apply to the dwellings at the McMullan Defendants Apartment Complexes.

36. The parties may mutually agree to extend the time periods set out in this Order for any required action.

37. The United States may move the Court to extend the period in which this Order is in effect if it determines that it is likely that Defendants have violated one or more terms of this Order or if the interests of justice otherwise require an extension of the terms of this Order.

38. The parties to this Order 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.

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

ORDERED this ___ day of _____________, 2004.

_________________________________
HONORABLE WILLIAM P. JOHNSON
United States District Court Judge

APPROVED:

For the United States:

All information collected regarding race, national origin and familial status is being done pursuant to a Consent Order entered to resolve claims of race, color, and familial status discrimination in the rental of apartments. Please print clearly.

To be Completed by Management Personnel: Today's Date: _______________________

Name Prospective Tenant:   _____________________________________________________

Current Address:   ____________________________________________________________

City / State / Zip Code:   _______________________________________________________

Home Telephone Number:   ____________________________________________________

Alternate Telephone Number:   _________________________________________________

Race/National Origin (please circle):   Black/Non-Hispanic;   Black/Hispanic;    White;   Hispanic/Non-Black; Other(including Native American and Asian) __________________

Number of Children in household less than 18 years of age:   __________________

Number of total persons in household:  _________________

Unit Size Required:   _____ bedrooms (optional)

Other Requirements (please specify):   ______________________________________________

Date of Application (if applicable):   ______________

Was Applicant Placed on a Waiting List?    YES / NO

Was Applicant Accepted for Tenancy?    YES / NO

If Yes, Date Lease Will Begin:   __________    If No, Reason for Rejection:

_________________________________________________________

_________________________________________________________

_________________________________________________________

Notes:

_________________________________________________________

I hereby acknowledge that I have received from my employer, Fair Plaza Associates, John McMullan, and/or John McMullan d/b/a John J. McMullan, Realtor, and have read a Uniform and Non-Discriminatory Procedure Notice and the Consent Order entered in United States v. Fair Plaza Associates, et al., United States District Court, District of New Mexico, Case No. CIV 02-1181 WJ/ACT. This Notice and Consent Order were explained to me by my employer and all my questions were answered concerning it.

______________________________
DATE

______________________________
EMPLOYEE/AGENT NAME (PRINT)

______________________________
EMPLOYEE/AGENT SIGNATURE

I, _______________________, on behalf of myself and family members, agents, heirs, executors, administrators, successors and assigns, pursuant to the terms, provisions, and conditions of the Consent Order approved by the United States District Court for the District of New Mexico on_____________________, 2004 in the case of United States v. Fair Plaza Associates, et al., Case No. CIV 02-1181 WJ/ACT ("lawsuit") and in consideration of the payment of _______________ do fully, finally and forever release, discharge, and hold harmless Fair Plaza Associates, John McMullan, John McMullan d/b/a John J. McMullan, Realtor, Bessie Gutierrez, Nancy Fowler, and Faye Crow (hereinafter "Defendants"), along with their insurers, attorneys, related companies, principals, predecessors, successors, assigns, affiliates, partners, directors, officers, agents, employers, shareholders, subsidiaries, employees, former employees, heirs, executors, and administrators and any persons acting under their respective direction or control (hereinafter "Releasees"), from any and all fair housing claims set forth, or which could have been set forth, in the Complaint in this lawsuit that I may have against Defendants or any of the Releasees for any of Defendants' actions or statements related to those claims through the date of this Consent Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees.

I affirm that the only consideration for signing this Full and Final Release of Claims are the terms stated in the Consent Order signed by the parties, and the monetary payment referenced above. I have accepted the terms of this Release and the Consent Order. This Release and the Consent Order contain and constitute the entire understanding and agreement between the parties.

______________________________
DATE

______________________________
NAME (PRINT)

_______________________________
SIGNATURE

On _________________, 2004, the United States District Court for the District of New Mexico entered a Consent Order resolving a housing discrimination lawsuit brought by the United States against the rental properties listed above. The lawsuit alleges that these rental properties engaged in a pattern or practice of housing discrimination based on race or color and familial status (having children under 18 years of age in a family or being pregnant) in violation of the federal Fair Housing Act in Albuquerque, New Mexico. The parties against whom these allegations are made deny such allegations.

Under the Court Order, a Monetary Fund is being established to identify and compensate people whose civil rights were violated by one or more of the rental properties listed above. You may be qualified to recover from this Monetary Fund if you asked about renting, applied to rent, or lived in a dwelling owned or managed by any of the rental properties listed above, and:

1. You were denied an opportunity to rent a house, apartment unit, or mobile home because of your race or color or familial status (having children under 18 years of age in your household or being pregnant), or the race or color or familial status of someone who would be living with you; or

2. You were not informed about, or offered, all available houses, apartment units, or mobile homes because of your race or color or familial status (having children under 18 years of age in your household or being pregnant), or the race or color or familial status of someone who would be living with you; or

3. You were otherwise discriminated against on the basis of race or color or familial status (having children under 18 years of age in your household or being pregnant) in connection with your tenancy at any of the rental properties listed above, or your attempt to rent a unit at any of the rental properties listed above.

If you believe you have been discriminated against by any of the rental properties listed above because of your race or color or familial status (having children under 18 years of age in a family or being pregnant), and if you believe you are consequently entitled to a share of the Monetary Fund, please contact the United States Department of Justice at:

You must call or write on or before [no more than 90 days after ______________, 2004,] and your message or letter must include your name, address, and at least TWO telephone numbers where you may be reached.

1. Notice shall be sent to the following address: Steven H. Rosenbaum, Chief, Housing and Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue, NW - G Street, Washington, D.C. 20530.