U.S. Department
of Justice
Housing And Civil Enforcement Cases Documents
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
UNITED STATES OF AMERICA
Plaintiff
NORTH CAROLINA FAIR HOUSING
CENTER
Plaintiff-Intervenor,
v.
Case No:4:03-CV-150-H3
VICKIE N. HARRIS; THETFORD
PROPERTIES IV LIMITED
PARTNERSHIP;
THETFORD ASSOCIATES, INC.;
THETFORD PROPERTY
MANAGEMENT, INC.;
and RICHARD A. URBAN,
Defendants.
________________________________
CONSENT DECREE
On October 3, 2003, the United States of America (the "United States") filed a Complaint, on behalf of the North Carolina Fair Housing Center ("the Center"), pursuant to Section 812(o) of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. §§ 3601 et seq. The complaint alleged that Vickie N. Harris and her employers, Thetford Properties IV Limited Partnership, Thetford Associates, Inc., Thetford Property Management, Inc., and Richard A. Urban (collectively, "Thetford Defendants"), individually and/or through their agents, engaged in illegal discriminatory housing practices on the basis of race and/or color.
Defendant Thetford Properties IV, L.P. is a Virginia limited partnership doing business in North Carolina and, at all relevant times, has been the owner of Glendale Court Apartments, a multi-family residential apartment complex located in Pitt County, North Carolina. Defendant Thetford Associates, Inc. is a Virginia corporation doing business in North Carolina and, at all relevant times, has been a general partner for Defendant Thetford Properties IV Limited Partnership. Defendant Richard A. Urban, a resident of Deltaville, Virginia, has been, at all relevant times, a general partner for Defendant Thetford Properties IV Limited Partnership. Defendant Thetford Property Management, Inc. is a North Carolina corporation and has been, at all relevant times, the property management company that manages Glendale Court Apartments. Defendant Harris was employed by Thetford Property Management, Inc. from February 1996 to March 2000. During that time she acted as Property Manager at Glendale Court. Ms. Harris is a resident of Pitt County, North Carolina.
The United States' complaint alleges that Thetford Defendants, individually and/or through their agents, violated the Fair Housing Act by 1) issuing lease violations to black tenants and threatening to evict black tenants because of the race of those tenants; 2) making statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on race; and 3) imposing different terms and conditions of the rental of dwelling units based on race by restricting black tenants' use of their yards, restricting black tenants' use of public and common use areas of the complex, restricting and/or prohibiting black tenants from having guests, and refusing repair requests from black tenants. The Complaint further asserts that the Center is a aggrieved party who suffered injury as a result of the alleged conduct because the Center interviewed the tenants, gathered and reviewed information and documentation to support the allegations, gathered witness statements and conducted outreach to tenants of Glendale Court by attending meetings and educating tenants about their rights under Fair Housing laws and the HUD complaint process.
On or about October 27, 2003, Defendants served and filed an Answer to the Complaint, which denied the United States' allegations and asserted numerous affirmative defenses, including, but not limited to, that at all times Defendants acted in good faith and in compliance with all applicable state and federal laws.
On or about March 12, 2004, the Plaintiff-Intervenor, the Center, filed a motion to intervene in this action as a matter of right as the named aggrieved party in the action pursuant to §3612(o)(2) of the Fair Housing Act, as amended, and Rule 24 of the Federal Rules of Civil Procedure. The motion was based on the same allegations as the Complaint, specifically that the Center is an aggrieved party in that its mission was frustrated and resources diverted by the alleged conduct of Defendants. This Court entered an order granting the motion on or about July 8, 2004.
The Plaintiff parties and the Defendants have consented to the entry of this Consent Decree, without trial or adjudication of any issues of fact or law. Each party has agreed that in order to avoid protracted and costly litigation, the controversy should be resolved without further litigation. The Defendants do not admit any liability regarding any of the allegations raised by the United States or the Center. Neither the Center nor the United States admits any shortfall in the strength of their claims.
Therefore, it is hereby ORDERED, ADJUDGED, and, DECREED that:
I. JURISDICTION AND VENUE
1. The Court has jurisdiction over the parties and the subject matter of this action pursuant to Section 812(o) of the Act, 42 U.S.C. § 3612(o), and pursuant to 28 U.S.C. §1345. Venue is proper in the Eastern District of North Carolina pursuant to 28 U.S.C. §§ 1391(b) and (c).
II. APPLICATION AND PARTIES BOUND
2. This Consent Decree applies to and is binding upon each of the Defendants, their agents, officers, directors, employees, and/or their respective successors and assigns, except where noted.
III. TERM AND DEFINITION
3. This Consent Decree shall take effect immediately upon its entry by the Court. The term of this Decree shall be five (5) years from the date of entry, except where noted. Expiration of this Consent Decree shall not relieve the Defendants of any obligation otherwise imposed by law.
4. For purposes of this Consent Decree, "Dwelling" shall have the meaning provided in the Fair Housing Act namely, "any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof." 42 U.S.C. § 3602(b).
IV. GENERAL INJUNCTIVE RELIEF
5. The Defendants, their agents, employees, and/or successors, and all persons in active concert or participation with any of them, are enjoined from discriminating on the basis of race or color, or from retaliating against any tenant for exercising their fair housing rights, as prohibited by the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.
V. INJUNCTIVE RELIEF AS TO VICKIE N. HARRIS
6. The Thetford Defendants have represented to the Plaintiff parties that Vickie N. Harris is no longer employed by Thetford Property Management, Inc., and is no longer in the business of managing, leasing, showing or renting dwelling units at Glendale Court Apartments. In the event that Vickie N. Harris returns to the business of managing, leasing, showing, or renting dwelling units, she will immediately be subject to the provisions of this decree as indicated in this section. Should Vickie N. Harris return to the business of managing, leasing, showing, renting, or selling dwelling units, she shall notify counsel for the United States, in writing, (at the address set forth in Section XVI of this Decree) within ten (10) days of her employment that she intends to become involved in such business, and shall inform Counsel for the United States of the name, address, and telephone number of her employer, as well as the position in which she has been employed. In this event, Vickie N. Harris shall immediately be subject to Section IV of this Decree, and be required to undergo live or video training on the Fair Housing Act, with specific emphasis on discrimination on the basis of race or color, within ninety (90) days of the first date of her employment. The training session shall last for at least two (2) hours, and shall be conducted by an organization approved in advance by the United States. Any expenses associated with this training shall be borne by Vickie N. Harris, but shall in no event exceed more than one-hundred fifty dollars ($150.00).
Vickie N. Harris shall not initiate any contact with the current and former tenants of Glendale Court Apartments who are listed as Plaintiffs in the consolidated, related North Carolina state, Pitt County Superior Court, cases of: Holloway, et al. v. Thetford Property Management, Inc., et al., and Moye v. Thetford Property Management, Inc., et al., (Case No. 02 CVS3261, 0412).
The provisions of this Section shall apply to Vickie N. Harris for the duration of three (3) years.
VI. MANDATORY TRAINING
7. Within thirty (30) days of the entry of this Order, Thetford Defendants shall provide a copy of this Order (except for subsection VII regarding monetary relief) to their agents and employees involved in showing, renting, or managing dwelling units at Glendale Court Apartments,and all other rental properties owned by ThetfordDefendants, and secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order, and has had his or her questions about the Order answered. This statement shall be prepared in the form of Exhibit A.
8. Within one-hundred-and-eighty (180) days of the entry of this Order, or by November 1, 2005, whichever comes later, and annually thereafter, each Thetford Defendant (including each member of Thetford Property Management, Inc., Thetford Properties IV, L.P., and Thetford Associates, Inc., and their employees) involved in renting or managing dwelling units at Glendale Court Apartments, or any other rental properties owned by Thetford Defendants, and/or administration with respect thereto, shall undergo live training on the Fair Housing Act, with specific emphasis on discrimination on the basis of race or color. The first training session shall be conducted by the North Carolina Human Relations Commission or another independent, qualified third party, approved in advance by the United States which approval shall not be unreasonably withheld), and any expenses associated with this training shall be borne by Thetford Defendants. Each person required to undergo the training shall obtain from the trainer certifications of attendance, executed by each individual who received the training, confirming their attendance, in the form of Exhibit B attached hereto. This certification shall also include the name of the trainer, the name of the course, the date the course was taken, and the length of the course and/or time within which the course was completed.
9. At a minimum, the training required in Paragraph 8 of this section shall consist of the following: a) instruction on the requirements of all applicable federal and state housing discrimination laws; and b) a question and answer session for the purpose of reviewing the foregoing areas. Such training shall consist of a seminar or presentation of not less than two (2) hours in length.
VII. MONETARY RELIEF
10. Thetford Defendants shall pay the Plaintiff-Intervenor the sum of Twenty-One Thousand Two Hundred Dollars ($21,200.00). The Thetford Defendants shall make such monetary payments at two separate times. "Payment A," the first payment of $14,133.33, shall be made within fifteen (15) business days after the approval of the Settlement Agreement in the related by the North Carolina General Court of Justice, Superior Court Division. "Payment B," totaling $7,066.67, shall be made within 11 months following Payment A, but no earlier than January 15, 2006.
11. In consideration of any payments and/or other relief provided by Thetford Defendants to the Plaintiff-Intervenor pursuant to this Consent Decree, an authorized representative for the Plaintiff-Intervenor shall execute a Release, attached hereto as Exhibit C to this Decree, simultaneously with the execution of this Decree and held by counsel for the Thetford Defendants.
12. In the event that Thetford Defendants shall fail or refuse to make the payment required by Paragraph 10 of this Section, Thetford Defendants consent to entry of judgment against them for the amount sets forth in Paragraph 10.
VIII. NOTICE TO THE PUBLIC
13. Thetford Defendants shall take the following steps to notify the public of its nondiscriminatory policies:
- Post and maintain in the leasing office at Glendale Court Apartments, which is located at Glendale Court, Greenville, NC 27858, in the public reception area at the office of Thetford Property Management, Inc., which is located at 7620 Falls of Neuse Road, Suite 290, Raleigh, NC 27624, and in the reception area of any other office that the Thetford Defendants maintain and that is accessible to prospective tenants or renters of Thetford Defendants' properties, a HUD fair housing poster no smaller than 11 inches by 14 inches that indicates that all dwelling units are available for rent on a nondiscriminatory basis and that complies with regulations promulgated by HUD and set forth at 24 C.F.R. Part 110;
- Include the words "Equal Housing Opportunity" or the fair housing logo as depicted in 24 C.F.R. §§ 200, Appendix to Subpart M of Part 200, on all print advertisements, rental applications, and rental forms used by Defendants; and
- Include the following statement on all rental applications used by ThetfordDefendants:
We do not discriminate on the basis of race, color, religion, sex, handicap, national origin, or familial status.
IX. RECORD-KEEPING
14. Thetford Defendants shall, for three (3) years from the entry of this decree, preserve the following records: (a) applications to rent apartments at Glendale Court; (b) materials submitted by any applicant in connection with such application, or obtained by Defendants in assessing any applicant; (c) notes, correspondence, e-mails, work orders, maintenance records, or other documents created or maintained by any employee of Thetford Defendants pertaining to the application of any applicant or tenant at Glendale Apartments.
15. Upon reasonable notice to counsel for Defendants, representatives of the United States and the Plaintiff-Intervenor shall be permitted to inspect and copy, during normal business hours, the records set forth in paragraphs VI, VIII, IX, and XI of this Consent Decree.
X. REPORTING
16. Six (6) months after the entry of this Consent Decree, and thereafter every six (6) months until the expiration of this Consent Decree, Thetford Defendants shall deliver to counsel for the United States (at the address below) a signed affidavit or affirmation generally describing the actions that Defendants have taken pursuant to Sections VI, VIII, IX, and XI of this Consent Decree.The final such report shall be delivered to counsel for the United States thirty (30) days prior to the expiration of this Decree.
XI. COMPLAINTS
17. Thetford Defendants shall establish a toll-free number for tenants at Glendale Court, and each of Thetford Defendants' other rental properties, to use in lodging all complaints with Defendant Thetford Property Management, Inc., about its property managers. This number shall be provided to all tenants at Thetford Defendants' properties. Thetford Defendants shall maintain a written record of all complaints received about property managers from tenants, including those received orally in person and/or by telephone. Such record shall include the date that the complaint was received, the name of the tenant making the complaint (unless the resident chooses to remain anonymous), the name of the property manager that is the subject of the complaint, a description of the complaint, and the name and position of the person who took the complaint. Within fourteen (14) days after receiving a complaint about a property manager, Thetford Defendants, either through Thetford Property Management, Inc., or any other property management company engaged to manage rental properties owned by Thetford Defendants, will conduct a follow-up interview with the tenant making the complaint, and discuss with the tenant what, if any, corrective actions have or will be taken to address the tenant's complaint. A representative of Thetford Defendants will document the occurrence of these follow-up interviews with tenants.
18. Thetford Defendants, either through Thetford Property Management, Inc., or any other property management company engaged to manage rental properties owned by Thetford Defendants, shall prepare a written policy setting out the procedures regarding complaints, and prepare a "Tenant Rights" pamphlet, which will include such written policy, as well as other appropriate matters. Each tenant residing at Thetford Defendants' properties shall be provided a copy of such policy and pamphlet upon lease execution or renewal. Such pamphlet and policy shall be in a form substantially the same as attached hereto as Exhibit D.
19. During the term of this Consent Decree, Thetford Defendants shall advise counsel for the United States, in writing, within fifteen (15) days of receipt of any complaint of housing discrimination in violation of Federal or State Fair Housing laws filed against any Thetford Defendant, or against any of the Thetford Defendants' agents, officers, or employees. A "complaint of housing discrimination" as discussed in this section is not limited to a formal complaint filed with HUD or the North Carolina Human Relations Commission, but rather includes all complaints which are raised through the appeal process of the grievance procedure (attached hereto in Exhibit D) or which are resolved prior to appeal where the allegations of discrimination are substantiated. Such report shall include the date of the complaint, a description of the nature of the complaint, and contact information for the complaining party. Within fifteen (15) days of the resolution of any such complaints, Thetford Defendants shall advise counsel for the United States in writing, of such resolutions.
XII. PROVISIONS REGARDING PLAINTIFF-INTERVENOR
20. The Thetford Defendants, whether through Thetford Property Mangement, Inc., or any other entity used to manage property owned by any of the Thetford Defendants, shall modify their tenant complaint procedures at all of their rental properties as follows:
(a) Provide a toll free phone number for tenants to use in registering complaints with Thetford corporate/regional management about property managers.
(b) Ensure that complaints made by residents will remain anonymous, if requested by the resident. Upon receiving a complaint from a resident regarding a property manager, the resident will be informed of the right to have their name kept confidential while the complaint is processed, and will be asked whether or not they want their name to remain confidential. This provision shall not be construed to authorize the Thetford Defendants to withhold the names of complainants under the following circumstances: (i) with respect to any investigation of tenant complaints by government entities (e.g., an investigation in response to a complaint to the North Carolina Human Relations Commission or the U.S. Department of Housing and Urban Development's Fair Housing Enforcement Office); or (ii) with respect to any judicial proceeding, including efforts to enforce this Consent Decree and related orders.
(c) Maintain for three years a written record of all complaints about property managers received from residents, including those received orally by telephone or in person. The record shall include the date that the complaint was received, the name of the resident making the complaint, the name of the property manager that is the subject of the complaint, a description of the complaint, the name and position of the person who took the complaint.
(d) Within 14 days of receiving a complaint about a property manager, the Thetford Defendants shall conduct a follow-up discussion or interview with the resident making the complaint. During that discussion, the resident will be informed of what, if any, corrective actions have or will be taken to address the resident's complaint. The Thetford Defendants shall document the occurrence of these follow-up discussions with residents.
(e) The Thetford Defendants shall prepare a "Tenants' Rights" pamphlet and provide a copy to each tenant at the annual lease execution. The pamphlet will include the written policy setting out the procedures regarding complaints about property managers, as well as other appropriate matters. Such pamphlet and policy shall be in a form substantially the same as attached hereto as Exhibit D.
21. The Thetford Defendants, whether through Thetford Property Mangement, Inc., or any other entity used to manage property owned by any of the Thetford Defendants, shall ensure respectful treatment of tenants by all property managers by implementing at least the following procedures:
(a) The Thetford Defendants shall involve tenants in the hiring process by inviting them to meet with and interview the final candidates for managers of their residential complex. The meeting shall take place at the complex where the property manager would be employed, and tenants shall receive written notice of the meeting with the manager candidates, including the date, time and place, at least three (3) days before the meeting. Tenants shall then have at least two (2) days following the meeting to provide feedback to Thetford either orally (including using the toll free number) or in writing. A record shall be made of all feedback received from tenants.
(b) The Thetford Defendants shall carefully screen all candidates for property managers, including obtaining a criminal background check, as well as any history of conflicts with tenants at any residential properties where the candidate may have worked.
(c) The Thetford Defendants shall monitor the performance of all property managers through annual written tenant surveys which, in addition to measuring other areas of performance and tenant satisfaction, shall include questions designed to obtain information regarding any issues of bias or harassment. The results of the surveys shall be maintained and utilized in the performance evaluations of property managers, along with the existing Thetford monitoring or evaluation practices.
22. To avoid any concerns regarding retaliation and other impacts of the acts alleged in the complaints in the above-referenced actions, if officials of Thetford are contacted by prospective landlords of a person who was a resident of Glendale Court during the period from 1996 to March 2000, the Thetford Defendants shall provide the resident with a positive reference for that period.
XIII. RESOLUTION OF CLAIMS
23. This Consent Decree shall be in full settlement and satisfaction, and shall operate as a full and complete discharge of all claims, demands, actions, suits and causes of action, debts, losses, damages, and injuries of every kind, nature, and quality, including those legal, equitable, or administrative in nature, against the Thetford Defendants, their successors, assigns, partners, affiliates, subsidiaries, directors, officers, employees, attorneys, insurers or agents, whether known or unknown, asserted or unasserted, that Plaintiff or Plaintiff-Intervenor ever had, could have had, now have or hereafter can, shall or may have, that arise from and are in any way related to any conduct, act or omission which was or could have been alleged in the Complaint or in the administrative charge of discrimination filed by the Department of Housing and Urban Development under complaint number 04-00-0920-8 against the Thetford Defendants and their agents and employees and which arise from or are in any way related to the Thetford Defendants' affiliation with, or ownership, management, operation or control of Glendale Courts in North Carolina. Said release does not include claims relating to conduct, acts or omissions of the Thetford Defendants that take place after the execution of this Settlement Agreement.
24. Nothing in this Consent Decree shall be construed to relieve any Thetford Defendants of their obligations to comply with any federal, state, or local statute or regulation.
XIV. INTEGRATION CLAUSE
25. The United States, Plaintiff-Intervenor, and Thetford Defendants understand and agree that this Consent Decree contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein or in the related Settlement Agreement and the parallel consent decree entered in the consolidated cases Holloway et al. v. Thetford Property Management et al.; and Moye v. Thetford Property Management et al., Case Nos. 02 CVS 3261, 03 CVS 0412 (Pitt County, NC General Court of Justice, Superior Court Division) shall be of any force or effect. This Consent Decree may be modified only in writing and with the written consent of the United States, the Plaintiff-Intervenor, and Thetford Defendants and approval of the Court.
XV. COSTS AND ATTORNEY'S FEES
26. The United States, the Center and the Thetford Defendants shall each bear their own costs and attorney's fees in this action, except as otherwise expressly provided in the Settlement Agreement or herein.
XVI. NOTICES AND CORRESPONDENCE
27. All notices and correspondence required to be sent to the United States under the provisions of this Decree shall be sent to the U.S. Department of Justice, c/o the undersigned counsel for the United States, at the following addresses:
Regular U.S. Mail:
950 Pennsylvania Avenue, N.W.
- G St.
Washington, D.C. 20530
Ref: DJ 175-54-147
Overnight Mail:
1800 G Street, N.W.Suite 7062
Washington, D.C. 20006
Ref: DJ 175-54-147
All notices and correspondence required to be sent to Defendants under the provisions of this Decree shall be sent to their undersigned counsel at the following addresses:
Elizabeth T. Martin, Esq.
William D. Young, IV, Esq.
David H. Permar, Esq.
Hatch, Little & Bunn, L.P.
Regular Mail:
P.O. Box 527
Raleigh, NC 27602
Overnight Mail:
327 Hillsborough Street
Raleigh, NC 27603
All notices and correspondence required to be sent to Plaintiff-Intervenors under the provisions of this Decree shall be sent to their undersigned counsel at the following addresses:
M. Travis Payne
Edelstein & Payne
P.O. Box 28186
Raleigh, NC 28186
Sharon Cummings Giles
Robins, Kaplan, Miller & Ciresi, LLP
1801 K Street, N.W.
Suite 1200
Washington, D.C. 20006
Jonathan P. Hooks
Lawyers' Committee for Civil Rights Under Law
1401 New York Avenue NW - Suite 400
Washington, DC 20005
XVII. ENFORCEMENT
28. The Court shall retain jurisdiction for the five (5) year duration of this Consent Decree to enforce the terms of this Decree, after which time the case shall be dismissed with prejudice as to the Thetford Defendants. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution.
ORDERED this ____ day of ___________________, 2005.
__________________________________
UNITED STATES DISTRICT COURT JUDGE
The undersigned agree to and request the entry of this Consent Order:
FOR THE UNITED STATES:
| FRANK D. WHITNEY United States Attorney Eastern District of North Carolina |
R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division _____________________________ STEVEN H. ROSENBAUM Chief MICHAEL S. MAURER Deputy Chief CHARLA D. JACKSON ERIN MEEHAN RICHMOND Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. - G Street Washington, D.C. 20530 (202) 514-4713 (202)514-1116 (fax) |
FOR THE PLAINTIFF-INTERVENOR:
________________________
M. TRAVIS PAYNE
Edelstein & Payne
P.O. Box 28186
Raleigh, NC 26611
SHARON CUMMINGS GILES
Robins, Kaplan, Miller & Ciresi, LLP
1801 K Street, N.W.
Suite 1200
Washington, D.C. 20006
JONATHAN P. HOOKS
Lawyers' Committee for Civil Rights Under Law
1401 New York Avenue NW - Suite 400
Washington, DC 20005
FOR THE THETFORD DEFENDANTS:
___________________________
ELIZABETH T. MARTIN
WILLIAM D. YOUNG, IV
DAVID H. PERMAR
Hatch Little & Bunn, L. P.
327 Hillsborough Street
P. O. Box 527
Raleigh, NC 27602
FOR VICKIE N. HARRIS:
____________________________
Vickie N. Harris, pro se
5469 Weyerhauser Road
Ayden, NC 28513
EXHIBIT A
On _________________ , 200_, I was instructed by ______________________________________ with respect to my responsibilities under the Consent Order entered by the federal district court in United States and North Carolina Fair Housing Center v. Vickie N. Harris, Thetford Properties IV, L.P., Thetford Associates, Inc., Thetford Property Management, Inc., and Richard A. Urban, C.A. No. 4:03-CV-150-H(3)(E.D.N.C.), and the federal Fair Housing Act. I also was instructed as to Thetford Defendants' non-discrimination policies and procedures. I have received copies of and have read the pertinent portions of the Consent Order and the non-discrimination policy. I understand my legal responsibilities and will comply with those responsibilities.
_________________________________
(Signature)
_________________________________
(Print name)
_________________________________
(Date)
EXHIBIT B
CERTIFICATE OF COMPLETION OF TRAINING
On _______________ (date here), I participated in and completed Fair Housing training. I have been instructed on the requirements of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. §§ 3601 et seq. I have also been instructed on all applicable state and local housing discrimination laws. I have been provided with answers to any questions that I may have had regarding any of the foregoing areas. I understand my duties and obligations under the law, and I am aware that my failure or refusal to adhere to them could result in possible sanctions against me by a court, as well as disciplinary action, including termination, by my employer.
Dated this ____ day of __________, 20___.
_____________________________
Employee or Agent Signature
_____________________________
Employee or Agent (print name)
Name/Address of Trainer: __________________________
Name of Course: __________________________________
Length of Course: _________________________________
Dated this ____ day of __________, 20___.____________________________ Thetford Defendant Representative
EXHIBIT C
RELEASE OF CLAIMS
By execution of this document, Plaintiff-Intervenor North Carolina Fair Housing Center ("NCFHC") hereby releases, without limitation, all claims, demands, actions, suits and causes of action, debts, losses, damages, and injuries of every kind, nature, and quality, including those legal, equitable, or administrative in nature, against theThetford Properties IV Limited Partnership, Thetford Associates, Inc., Thetford Property Management, Inc. and Richard A. Urban (the "Thetford Defendants") their successors, assigns, partners, affiliates, subsidiaries, directors, officers, employees, attorneys, insurers or agents, whether known or unknown, asserted or unasserted, that NCFHC ever had, could have had, now have or hereafter can, shall or may have, that arise from and are in any way related to any conduct, act or omission which was or could have been alleged in the above-mentioned cases and which arise from or are in any way related to the Thetford Defendants' affiliation with, or ownership, management, operation or control of Glendale Courts in North Carolina. This release does not include claims relating to conduct, acts or omissions of the Thetford Defendants that take place after the execution of this release.
EXHIBIT D
See, Attached Resident Grievance & Appeals Procedure and current HUD Tenants' Rights Pamphlets (entitled "Things You Should Know" and "Resident Rights & Responsibilities")