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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 02-80811-CIV-HURLEY/LYNCH

UNITED STATES OF AMERICA,

           Plaintiff,

          

v.

MEADOWS OF JUPITER LTD.; RMF
JUPITER APARTMENTS, LTD.;
RMF PROPERTIES, INC.;
WALTER J. MACKEY, JR.;
ETHEL ALLEN; and
TERESA VENTIMIGLIA

          Defendants.
__________________________

MEADOWS OF JUPITER LTD.; RMF
JUPITER APARTMENTS, LTD.;
RMF PROPERTIES, INC.;
WALTER J. MACKEY, JR.;
ETHEL ALLEN; and
TERESA VENTIMIGLIA

           Third Party Plaintiffs,

HANOVER INSURANCE COMPANY,

           Third Party Defendant.
__________________________

CONSENT DECREE

I.    INTRODUCTION

  1. The United States filed this action on August 27, 2002, (1) alleging, inter alia, that Defendants violated the Fair Housing Act, 42 U.S.C. §§ 3601, et seq. ("the Act") with respect to the rental of apartments at Mallards Cove Apartments ("Mallards Cove") in Jupiter, Florida, by discriminating on the basis of race or color, and familial status.
  2. Mallards Cove is an apartment complex located at 6701 Mallards Cove Road, Jupiter, Florida, 33458. It consists of 192 two-bedroom units and 48 one-bedroom units, for a total of 240 units. The apartments at Mallards Cove are dwellings within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b).
  3. Defendant Meadows of Jupiter, Ltd., does business as Mallards Cove Apartments and is a Florida limited partnership. At all times relevant to this action, Defendant Meadows of Jupiter, Ltd. has owned Mallards Cove. Defendant RMF Properties, Inc. is the general partner of Meadows of Jupiter, Ltd., and RMF Jupiter Apartments, Ltd. Defendant RMF Jupiter Apartments, Ltd. is the limited partner of Meadows of Jupiter, Ltd. Defendant Walter J. Mackey, Jr. is the Registered Agent of Meadows of Jupiter Ltd., the sole officer, shareholder and director of RMF Properties, Inc., and the Registered Agent of RMF Jupiter Apartments, Ltd. Defendant Ethel Allen has been the manager of Mallards Cove since 1988. Defendant Teresa Ventimiglia has been the assistant manager of Mallards Cove since 1998.

  4. The United States Department of Justice conducted an investigation in 2001 and 2002 to determine Defendants' compliance with the Fair Housing Act. As part of its investigation, the Department of Justice and the Fair Housing Center of the Greater Palm Beaches, Inc. ("FHCGPB") conducted a series of tests to evaluate Defendants' compliance with the Fair Housing Act. These tests revealed the following:

    1. In a test conducted on July 27, 2001, the rental agent told the white tester about an available apartment but told the black tester that nothing was available. In addition, the rental agent told the white tester that the available unit was in an "adult building."
    2. In a pre-test phone call conducted on August 6, 2001, the rental agent told the person, who called to inquire about available apartments, that Mallards Cove had "gone to all adults."
    3. In a test conducted on September 18-19, 2001, the rental agent told the two white testers who visited Mallards Cove on those two days that a 2-bedroom, 1-bathroom unit was available. The rental agent told the black tester, who visited Mallards Cove between the visits of the two white testers, that no apartments were available.
    4. In a test conducted on November 14-15, 2001, the rental agent told the two white testers who visited Mallards Cove on those two days that at least one apartment was available. The rental agent told the black tester, who visited Mallards Cove between the visits of the two white testers, that no apartments were available. In addition, the rental agent told the second white tester, who stated that she had no children, that there was an available unit in building 25, which, according to the rental agent, was a "no children" building. The rental agent did not tell the first white tester, who told the agent she had a child, about any available units in building 25.
    5. In a test conducted on January 29-30, 2002, the rental agent told the white tester about a specific unit on which the agent had received "verbal notice." The rental agent told the black tester that nothing was available and steered the black tester to another apartment complex. The rental agent also told the white tester that Building 13 was an "all adult building."
    6. In a test conducted on March 11-12, 2002, the rental agent told the white tester about the availability of two 2-bedroom apartments but told the black tester that nothing was available. The rental agent also steered the black tester to another apartment complex.

  5. Based on the evidence it has gathered, including the foregoing tests, the United States has alleged that Defendants have engaged in housing practices that discriminate on the basis of race or color, and familial status.
  6. With regard to the allegations of familial status discrimination, Defendants have admitted to a policy and practice prohibiting any families with children from living in the ground-floor units of buildings 25 and 26 at Mallards Cove.
  7. The United States has identified individuals ("aggrieved persons") who allege that they received similar discriminatory treatment on the basis of race or color, and familial status when inquiring for housing at Mallards Cove.
  8. The United States contends that the evidence that would be presented at trial demonstrates that Defendants have engaged in a pattern or practice of discrimination on the basis of race or color, and familial status and/or denied rights guaranteed under the Act.
  9. The Parties agree that this Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a). The Parties further agree that the controversy should be resolved without further proceedings and without an evidentiary hearing.
  10. As indicated by the signatures appearing below, the parties agree to entry of this Consent Order.
  11. It is hereby ADJUDGED, ORDERED and DECREED:

    II.   INJUNCTION

  12. Defendants, and each of their officers, employees, agents, successors, and assigns, and all other persons in active concert or participation with them, are enjoined from:
    1. Refusing to rent a dwelling unit, refusing or failing to provide or offer information about a dwelling unit, or otherwise making unavailable or denying a dwelling unit to any person because of race, color, or familial status;
    2. Discriminating against any person in the terms, conditions or privileges of renting a dwelling unit, 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 of a dwelling unit that states any preference, limitation or discrimination based on race, color, or familial status; and
    4. Misrepresenting to any person because of race, color, or familial status that any dwelling unit is not available for inspection or rental when such dwelling unit is, in fact, so available.

  13. Consistent with the above injunction, defendants have discontinued and will no longer adopt or enforce the no children policy they formerly maintained with respect to Buildings 25 and 26 at Mallards Cove and defendants shall not take any action to enforce, modify or enact any rules, regulations, policies, practices, or any other restrictions, pertaining to occupancy at Mallards Cove, that prohibit families with minor children from residing in certain units of the complex; nor shall defendants make any written or verbal statements stating or otherwise indicating that families with children are not permitted to live in any units or buildings at Mallards Cove.
  14. III.   NOTICE OF DEFENDANTS' NON-DISCRIMINATION POLICY

  15. Beginning 20 days after the date of entry of this Consent Order, and so long as this Consent Order is in effect, Defendants shall take the following steps to notify the public of their nondiscriminatory policies:
    1. Post an "Equal Housing Opportunity" sign in all rental offices at Mallards Cove. This sign shall indicate that all apartments are available for rent on a nondiscriminatory basis. An 11 inch x 14 inch sign equivalent to the reduced sample appended to this Order as Attachment A will satisfy this requirement. Such sign shall be placed in a prominent, well-lit, and easily readable location within all rental office areas where prospective tenants make inquiries;
    2. Post an easily readable "For Rent" or "Vacancy" sign or notice at the entrance to the complex and in front of the rental office, whenever dwelling units are available or whenever Defendants are seeking or allowing prospective tenants to be placed on a Waiting List at Mallards Cove. The sign or notice shall include the slogan "Equal Housing Opportunity" and the fair housing logo. Such slogan and logo shall be prominently displayed and easily readable;
    3. Provide each current tenant and, to the extent possible, each prospective tenant, Fair Housing Is Your Right!, HUD form 903.1 (2), in English and Spanish. Each new tenant shall be provided with the same materials within five (5) days of the commencement of his or her tenancy;
    4. Include the phrase "Equal Housing Opportunity" and/or the fair housing logo in all advertising conducted for Mallards Cove in newspapers, telephone directories, radio, television or other media, and all billboards, signs, (including at the entrance of the property), pamphlets, brochures, and other promotional material.
    5. On at least six occasions per year, when defendants publish advertisements concerning Mallards Cove in a print publication, defendants shall also publish advertisements of the same size and content in The Broward Times.
    6. Include the following phrase in the standard rental application and lease used for Mallards Cove in bold, and using letters of at least equal size to those of the text in the body of the document:
    7. 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);

    8. Provide written notification within 30 days of entry of this Decree to the designated organizations listed in Attachment B that Defendants rent apartments at Mallards Cove, and that their policy is to rent apartments subject to uniform, nondiscriminatory standards to all qualified persons without regard to race, color, national origin, sex, handicap, or familial status; and
    9. Provide written notification (approved in advance by the United States) to current tenants who have children that occupancy in Buildings 25 and 26 is no longer limited to adults only and that families with children will be considered on an equal basis for all current and future vacancies in those buildings, and continue to be considered on an equal basis for all current and future vacancies in all other buildings, including one-bedroom units.
    10. Revise defendants' lease, community code, security report forms, and any additional documents that set forth the rules and regulations of Mallards Cove to remove any restrictions on the use and enjoyment of Mallards Cove by residents and their guests that discriminate on the basis of familial status, and provide a copy of such revised forms to the United States.

    IV.    STANDARDS FOR ACCEPTING AND PROCESSING APPLICATIONS

  16. Defendants shall maintain, with respect to dwellings rented by them, their agents or employees, at Mallards Cove, objective, uniform, non-discriminatory standards and procedures for the processing of applications, the establishment of a Waiting List and a procedure for notifying people who are on the Waiting List about an available unit, and the approval of applicants for the rental of available dwellings and/or positions on the Waiting List. Such standards and procedures shall be submitted to the United States for approval in advance of their implementation.
  17. The standards and procedures required by ¶ 14 shall be posted and prominently displayed in the rental office at Mallards Cove, and in any office where there is rental activity and/or personal contact with applicants for dwellings at Mallards Cove, and a copy of these standards and procedures shall be made available upon request to any applicant for the rental of a dwelling. For the duration of this Order, these rental standards and procedures may be modified only if written notice is given to counsel for the United States 30 days before modifications are to take effect.

  18. Within 20 days after the entry of and for as long as this Consent Order is in effect, Defendants shall:
    1. Maintain an Availability List, updated on a daily basis, that includes the address and apartment number of each unit known to be available or reasonably expected to be available for rental within 30 days or later, the number of bedrooms in each such unit, the monthly rent for each such unit (including any rent special and/or other discounts), the date Defendants or their agents or employees were first informed it would be available for rental, and the first date it would be available for rental and occupancy by a new tenant;
    2. Maintain Guest Cards and request all persons who visit or inquire about apartments at Mallards Cove 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 [name of 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."
    3. Maintain a Waiting List of all persons who inquire about renting dwelling units and who wish to be placed on such a list in chronological order by date and time of inquiry. For each such person, the Waiting List shall state the person's name, current address and daytime and evening telephone numbers, a description of the dwelling desired (e.g., number of bedrooms), and, based on the good faith belief and observation of Defendants or their agents or employees, the person's race (Black/Non-Hispanic, White/Non-Hispanic, Hispanic, Asian, Native American, or Other). Notations shall be made on the List of the date, time, and manner of each attempt to contact persons on the List.
    4. Inform all persons who inquire about renting dwelling units of all available units at Mallards Cove of the type about which the person has inquired (e.g., one-bedroom or two-bedroom), if any, and if none are available, about the availability of the Waiting List;
    5. 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; and
    6. 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.

    V.   EDUCATION PROGRAM

  19. Within 30 days of the entry of this Order, Defendants shall provide a copy of this Order to their agents and employees involved in showing, renting, or managing covered multifamily dwellings at Mallards Cove and secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order, and had an opportunity to have questions about the Order answered. This statement shall be substantially in the form of Attachment C.
  20. During the term of this Order, within 30 days after the date he or she commences an agency or employment with Defendants, each new agent or employee involved in showing, renting, or managing covered multifamily dwellings shall be given a copy of this Order and be required to sign the statement acknowledging that he or she has received and read the Order, and had an opportunity to have questions about the Order answered. This statement shall be substantially in the form of Attachment C.
  21. Within 90 days of the date of entry of this Consent Order, the individual Defendants (i.e. defendants Mackey, Allen, and Ventimiglia), and courtesy surveillance personnel shall undergo training on the Fair Housing Act, with specific emphasis on discrimination on the basis of race or color, and familial status. The training shall be conducted by an independent, qualified third party, approved by the United States, and any expenses associated with this training shall be borne by Defendants. The Defendants shall obtain from the trainer certifications of attendance executed by Defendants Mackey, Allen, and Ventimiglia, and any other employees or agents, confirming their attendance, in a form substantially equivalent to Attachment C.
  22. VI.    RECORD KEEPING AND MONITORING

  23. Within six (6) months of the date of entry of this Consent Order, and every six (6) months thereafter for the period in which the Order is in effect, Defendants shall deliver tocounsel for the United States (3) a report covering the preceding six months containing information about Defendants' compliance efforts, including but not limited to:
    1. Copies of all mandatory education acknowledgments signed by Defendants' agents and employees and certifications of attendance at such educational program as required under Section V of this Order;
    2. Copies of the Availability Lists, Guest Cards and other information recorded by any means related to any inquiries regarding the availability of apartments at Mallards Cove, Rental Application Logs, and Waiting Lists maintained pursuant to ¶ 16 of this Order;
    3. A list of the move-ins and of the move-outs for each apartment unit at Mallards Cove, if any, and the race and familial status of each move-in and move-out during the reporting period; and
    4. A photograph of each office in which rental activity is conducted, showing the fair housing signs required by Section III of this Order. (4)

  24. During the period in which this Consent Order is in effect, Defendants shall preserve all records that are the source of, contain, or relate to any of the information pertinent to the obligations under this Order, including all rental applications, leases, and Occupancy Lists for dwelling units at Mallards Cove. Upon reasonable notice to counsel for Defendants, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times.
  25. During the period in which this Consent Order is in effect, Defendants shall notify counsel for the United States in writing within 15 days of receipt of any complaint against Defendants, Mallards Cove, or Defendants' agents or employees, regarding discrimination in housing on the basis of race, color, or familial status. Defendants shall provide copies of written complaints with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. Defendants shall also promptly provide the United States all information it may request concerning any such complaint and its actual or attempted resolution.
  26. VII.   COMPLIANCE TESTING

  27. Defendants shall conduct testing designed to detect and prevent any future acts of discrimination at Mallards Cove. Within 180 days of the date of entry of this Order, Defendants will enter into a contract with an independent, qualified third party with experience in discrimination testing, approved by the United States (such approval shall not be unreasonably withheld), to develop and implement a program to test for racial and familial status discrimination at Mallards Cove. The contract will provide for a minimum of three paired tests per year at Mallards Cove for the duration of the Consent Order. Defendants will review the testing results with the relevant individual employees and will use the results to determine how to address any concerns with individual employees and whether changes in training are necessary. Every six months, Defendants will provide copies of all test reports and other documents related to the tests to the United States. Defendants shall pay all expenses associated with this testing.
  28. The United States may also 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.
  29. VIII.    DAMAGES FOR AGGRIEVED PERSONS

  30. Within 10 days after the date of this Order, Defendants shall deposit in an interest-bearing escrow account the total sum of FIVE HUNDRED TWENTY THOUSAND DOLLARS ($520,000.00) for the purpose of paying damages to any aggrieved persons who may have suffered as a result of Defendants' discriminatory housing practices. This money shall be referred to as "the Settlement Fund."
  31. Any interest accruing to the fund shall become a part of the fund and be utilized as set forth herein.
  32. Within 15 days of the entry of this Order, Defendants shall publish the Notice to Potential Victims of Housing Discrimination ("Notice") at Attachment E informing readers of the availability of such funds. The Notice shall be no smaller than a quarter of a page and shall be published on four occasions in The Palm Beach Post, The Sun-Sentinel, and The Broward Times. The publication dates shall be separated from one another by at least 21 days, and at least two of the publication dates shall be a Sunday. Within 10 days of each publication date, Defendants shall provide the newspaper containing the Notice to counsel for the United States. Within 15 days of the entry of this Order, Defendants shall send a copy of the Notice to each of the organizations identified in Attachment B.
  33. Within 30 days of the entry of this Order, Defendants shall send by first-class mail, postage prepaid, a copy of the Notice to each past or present tenant of the subject complexes. Within 45 days of entry of this Order, Defendants shall provide to counsel for the United States proof that the Notice has been sent. Nothing in this section shall preclude the United States from making its own efforts to locate and provide notice to potential aggrieved persons.
  34. Allegedly aggrieved persons shall have 120 days from the date of the entry of this Order to contact the United States in response to the Notice. The United States shall investigate the claims of allegedly aggrieved persons and, within 180 days from the 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 the each such persons. The United States will inform Defendants in writing of its preliminary determinations, together with a copy of a sworn declaration from each aggrieved person setting forth the factual basis of the claim. Defendants shall have 14 days to review the declaration and provide to the United States any documents or information that they believe may refute the claim.
  35. 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's proposed distribution of funds for aggrieved persons, Defendants shall, within 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. In no event shall the aggregate of all such checks exceed the sum of the Settlement Fund, including accrued interest. No aggrieved person shall be paid until he/she has executed and delivered to counsel for the United States the release at Attachment D.
  36. In the event that less than the total amount in the fund including accrued interest 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. When the Court issues an order approving or changing the proposed distribution of funds, Defendants shall distribute the funds in the manner directed by the Court within ten (10) days of the Court's determination.
  37. Defendants shall permit the United States, upon reasonable notice, to review any records that may facilitate its determinations regarding the claims of alleged aggrieved persons.
  38. X.   CIVIL PENALTY

  39. Defendants shall pay the total sum of FIFTY THOUSAND DOLLARS ($50,000.00) to the United States as a civil penalty pursuant to 42 U.S.C. § 3614(d)(1)(C). Said sum shall be paid within 30 days of the date of entry of this Order by submitting a check made payable to the United States of America to the United States.
  40. XI.   DURATION OF ORDER AND TERMINATION OF LEGAL ACTION

  41. This Consent Order shall remain in effect for five (5) years after the date of its entry. 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).

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

  45. Any time limits for performance imposed by this Consent Order may be extended by mutual written agreement of the parties.
  46. XIII.   COST OF LITIGATION

  47. Each party to this litigation will bear its own costs and attorney fees associated with this litigation.
  48. SO ORDERED this ______day of _______________ 2003.

    ________________________________
    UNITED STATES DISTRICT JUDGE


    Attachment A

    FAIR HOUSING POSTER


    Attachment B

    LIST OF PALM BEACH COUNTY HOUSING GROUPS

    Aspira of Palm Beach
    Attention: Cathy Anaya
    423 Fern Street, Suite 220
    West Palm Beach, FL 33401
    Phone: 561-366-9713
    Fax: 561-366-9689

    Fair Housing Center of the Greater Palm Beaches
    Attention: Larry Badian
    1300 West Lantana Rd., Suite 200
    Lantana, FL 33462
    Phone: 561-533-8717
    Fax: 561-533-8163

    Haitian Center for Family Services
    Attention: Michaelle Simeus
    805 Park Ave.
    Lake Park, FL 33403
    Phone: 561-840-8443
    Fax: 561-840-8054

    The Lord's Place
    Attention: Suzanne Cabrera
    P.O. Box 3265
    West Palm Beach, FL 33402
    Phone: 561-494-2811
    Fax: 561-494-2922

    Urban League of Palm Beach County
    Attention: Teresa Johnson
    1700 N. Australian Ave.
    West Palm Beach, FL 33407
    Phone: 561-833-1461 ext. 26
    Fax: 561-833-6050


    Attachment C

    CERTIFICATION OF FAIR HOUSING TRAINING ATTENDANCE

    I also have received a copy of the Consent Order entered in United States v. Meadows of Jupiter, et al., United States District Court, Southern District of Florida, Civ. No.__________. This Consent Order was explained to me by my employer and all my questions were answered concerning it. I have read and understood the Consent Order.

    Initials:________

    ______________________________
    DATE

    ______________________________
    EMPLOYEE/AGENT NAME (PRINT)

    ______________________________
    EMPLOYEE/AGENT SIGNATURE

    ______________________________
    DATE


    Attachment D

    FULL AND FINAL RELEASE OF CLAIMS

    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 Southern District of Florida on_____________________, 2003 in the case of United States v. Meadows of Jupiter, et al., Civ. No.___________ ("lawsuit") and in consideration of the payment of _______________ do fully, finally and forever release, discharge, and hold harmless Meadows of Jupiter, Ltd., RMF Properties, Inc., RMF Jupiter Apartments, Ltd., Walter J. Mackey, Jr., Ethel Allen, and Teresa Ventimiglia (hereinafter "Defendants"), along with their insurer Hanover Insurance Company, 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 because I believe them to be a fair and reasonable settlement and for no other reason. This Release and the Consent Order contain and constitute the entire understanding and agreement between the parties.

    ______________________________
    DATE

    ______________________________
    NAME (PRINT)

    _______________________________
    SIGNATURE


    Attachment E

    NOTICE TO POTENTIAL VICTIMS OF HOUSING DISCRIMINATION AT MALLARDS COVE APARTMENTS, JUPITER, FLORIDA

    [Insert Picture]

    On _________________, 2003, the United States District Court for the Southern District of Florida entered a Consent Order resolving a housing discrimination lawsuit brought by the United States against the owners, managers and rental agents of Mallards Cove Apartments. The lawsuit alleges that defendants 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 at Mallards Cove Apartments.

    Under the Court Order, a Settlement Fund is being established to identify and pay damages to people whose civil rights were violated by one or more of the individuals or companies listed above. You may be qualified to recover from this Settlement Fund if you asked about renting, applied to rent, or lived in a Mallards Cove Apartments, and:

    1. You were denied an opportunity to rent an apartment unit 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 apartment units because of your race or color or familial status (having children under 18 years if 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 Mallards Cove Apartments, or your attempt to rent a unit from these individuals and/or companies.

    If you believe you have been discriminated against at Mallards Cove Apartments because of your race, color, or familial status, and if you believe you are consequently entitled to a share of the Settlement Fund, please contact the United States Department of Justice at:

    1-800-896-7743
    leave message in mailbox X

    You may also write to:
    United States Department of Justice
    Civil Rights Division
    Housing and Civil Enforcement Section
    950 Pennsylvania Ave. N.W. -G St
    Washington, DC 20530

    You must call or write on or before [no more than 90 days after ______________, 2003, and your message or letter must include your name, address, and, if possible, at least TWO telephone numbers where you may be reached.


    1. The United States filed its First Amended Complaint on November 14, 2002.

    2. HUD official form 903.1 is available free of charge by calling HUD at (800) 767-7468.

    3. All documents or other communications required by this Order to be sent to counsel for the United States shall be addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, DJ 175-18-363, United States Department of Justice, 950 Pennsylvania Avenue, N.W., G Street Building, Washington, D.C. 20530.

    4. Beginning with the second report, unless the fair housing sign(s) have been altered, moved, or changed in any way from the initial report, Defendants are exempted from this requirement.


    Document Entered: November 20, 2003
General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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