UNITED STATES OF AMERICA,
     Plaintiff,

v.

Civil Action Number: 396 CV 01118 (AHN)

HOUSING AUTHORITY OF THE TOWN
OF MILFORD, and CITY of
MILFORD,
     Defendants.

____________________________________

NAACP, et al.,
     Plaintiff,

v.

HOUSING AUTHORITY OF THE TOWN
OF MILFORD, et al.,
     Defendants.

____________________________________

The United States, the private plaintiffs, the Housing Authority of the Town of Milford, Keith Rubenstein and George Ronkowitz (the last three are hereinafter referred to as "the MHA") enter into this Settlement Agreement to resolve the above-captioned lawsuits. The parties further enter into this Settlement Agreement to ensure that low-income and minority citizens gain the benefits of subsidized housing provided by the MHA as quickly as practicable. Under the terms of this Settlement Agreement, the MHA will develop and implement plans to acquire, acquire and rehabilitate, and/or develop twenty-eight low-income public housing units for use by eligible persons.

The parties believe that this Settlement Agreement furthers both the purposes of the federal Fair Housing Act, 42 U.S.C. §§3601 et seq., and the MHA's core mission. The parties also agree that their mutual interests, as well as the interests of low-income and minority citizens, will be served by working cooperatively to ensure that both the letter and spirit of this Settlement Agreement are realized. In undertaking their efforts to achieve this goal, the parties recognize that the MHA is primarily responsible for the development and management of low-income public housing in Milford.

This Consolidated Action stems from the MHA's cancellation of a federally-subsidized scattered site housing program in September 1995. The "private plaintiffs," who are the NAACP New Haven Branch, Beverly McDonald, Anthony Carter, Pamela Denson and Anita Horne, filed their lawsuit in June 1996. The United States filed its lawsuit in April 1997. The two lawsuits were consolidated by Order of this Court on June 26, 1997. In the Consolidated Action, the United States and the private plaintiffs essentially allege that the actions taken by the MHA and the City of Milford which resulted in the cancellation of the scattered site housing program violated the Fair HousingAct because a significant proportion of the persons anticipated to benefit from the program were African-American or Hispanic. The MHA has denied these allegations and maintains that they are without merit.

The parties desire to avoid the expense, uncertainties, inconvenience, and distraction of additional contested litigation and, as indicated by the signatures below, agree that the portion of the Consolidated Action involving them shall be resolved by the terms of this Settlement Agreement. Further, the parties believe that the benefits to be derived from this Settlement Agreement warrant the compromise of their respective claims. Nothing in this Agreement, taken in whole or in part, represents in any way an admission of liability or responsibility by the MHA or any of its directors, officers, agents or employees regarding any of the claims advanced by plaintiffs. Similarly, nothing in this Agreement, taken in whole or in part, represents the compromise of claims brought by the United States or private plaintiffs in the Consolidated Action against any persons or entities who are not parties to this Settlement Agreement.

The parties to this Settlement Agreement also note that the MHA and the United States Department of Housing and Urban Development ("HUD"), which is not a party to the Consolidated Action, have entered into a Letter of Agreement as of this date. Under its terms, HUD makes certain commitments in support of this Settlement Agreement and acknowledges that the Settlement Agreement is fully consistent with HUD policies and guidelines. Further, HUD represents that it expects to approve promptly the Plan submitted by the MHA pursuant to Section II of this Settlement Agreement and that it shall then promptly release all funds it has withheld from the MHA.

This Settlement Agreement does not impose any legal obligations upon the MHA other than those already existing or specifically contained herein. Accordingly, the MHA will be allowed to take any action or position that does not violate the terms of this Settlement Agreement or any law or regulation.

Additionally, this Settlement Agreement is premised on the parties' assumption that HUD will continue to provide the MHA with operating subsidies sufficient to maintain its federal low-income public housing units -- including those acquired, acquired and rehabilitated, and/or developed hereunder -- in decent, safe and sanitary condition. In the unlikely event that Congress takes action which eliminates or significantly reduces such subsidies, the parties agree that, as contemplated by the preceding paragraph, the MHA may take any lawful action that is consistent with this Agreement in order to obtain the funding it needs to maintain its federal low-income public housing units in decent, safe and sanitary condition.

THEREFORE, based upon these understandings and commitments, the undersigned parties jointly enter into this Settlement Agreement and, in so doing, agree as follows:

1. OVERALL OBJECTIVE AND DEFINITIONS
   1. The purpose of this Settlement Agreement is to provide quality, affordable rental housing in Milford to low-income families in need of such housing. To that end, the MHA will utilize the funds HUD has allocated under Projects CT26-P030-008 and CT26-P030-009to acquire, acquire and rehabilitate, and/or develop twenty-eight subsidized housing units for families, or, if these funds proveinsufficient to permit acquisition and/or development of the full complement of twenty-eight such units, the maximum number of units that can be acquired, acquired and rehabilitated, and/or developed with these funds.

   2. For the purposes of this Settlement Agreement, the following definitions shall apply:
      1. "Scattered site housing unit" refers to a single family home or any unit within a duplex or quadraplex that may be acquired, acquired and rehabilitated, or constructed on a currently properly zoned site and that is appropriate for occupancy by families of two or more persons pursuant to applicable HUD regulations.

      2. "Housing unit" refers to a single family home or any unit within a residential housing complex which contains more than one unitthat may be acquired, acquired and rehabilitated, or constructed and that is appropriate for occupancy by families of two or more persons pursuant to applicable HUD regulations. This term includes a subsidized housing unit within a multifamily housing complex which contains units rented at the market rate and/or other non-subsidized housing units.

      3. "Subsidized housing unit" refers to any federal low-income public housing unit that the MHA owns and/or operates and, consistent with HUD regulations applicable to low-income public housing, makes available for rental at an affordable rate to eligible low-income families.

2. THE MHA'S PLAN FOR ACQUISITION AND/OR DEVELOPMENT
   3. Within ninety (90) days from the date of approval of this Settlement Agreement, the MHA shall submit to HUD a plan for the acquisition, acquisition and rehabilitation, and/or development of twenty-eight subsidized housing units for families ("Plan"). At least five business days before submitting the Plan to HUD, the MHA will provide a copy of the Plan to the United States Department of Justice ("DOJ") so that DOJ can ensure that the Plan is consistent with the terms of this Settlement Agreement.⁽¹⁾

   4. The Plan shall commit the MHA to acquire, acquire and rehabilitate, and/or develop and have ready for occupancy:
      1. seven (7) scattered site housing units within one (1) year from the date on which HUD approves the Plan ("Date of HUD approval");

      2. seven (7) additional housing units within two (2) years from the date of HUD approval; and

      3. fourteen (14) additional housing units within three (3) years from the date of HUD approval.

      The Plan will contain a schedule of intermediate dates for activities such as site identification, site selection, and unit inspections, that shall be sufficient to enable compliance with the deadlines set forth above. None of the housing to be acquired, acquired and rehabilitated, and/or developed under the Plan shall be designated for limited occupancy pursuant to 24 C.F.R. Part 945.

   5. The Plan shall also incorporate the following provisions:
      1. Size of Housing Units: The MHA intends that the housing units to be acquired, acquired and rehabilitated, and/or developed under the Plan will be of sufficient size to accommodate low-income families who have applied or are expected to apply for subsidized housing and who are unable to reside in the MHA's existing subsidized housing units. To that end, the housing units to be acquired, acquired and rehabilitated, and/or developed under the Plan will contain no less than two bedrooms and will include at least fourteen (14) housing units containing three (3) or more bedrooms;

      2. Family Self-Sufficiency Participation: The MHA intends that twenty-one (21) of the twenty-eight (28) units acquired, acquired and rehabilitated, and/or developed under the Plan shall be occupied by households agreeing to participate in the MHA's Family Self-Sufficiency Program. The Plan will explain the mechanism by which the MHA intends to meet that goal consistent with HUD regulations.

      The MHA may include in the Plan other information required by HUD or intended to explain further its intended actions.

   6. Mixed Income Projects: If the MHA elects to acquire, acquire and rehabilitate, and/or develop properties that include non-subsidized housing units:
      1. only the subsidized housing units therein shall be counted toward compliance with the provisions set forth in ¶4;

      2. the MHA shall not utilize any funds made available by HUD pursuant to Project CT26-P030-008 and CT26-P030-009 for the costs associated with the non-subsidized housing units; and

      3. the MHA shall otherwise comply with HUD regulations applicable to mixed-income developments.

3. IMPLEMENTATION OF MHA PLAN
   7. As of the date of HUD approval, the MHA shall promptly pursue, and make every reasonable effort to bring to fruition at the earliest possible time, the opportunities for acquisition, acquisition and rehabilitation, and/or development ofhousing units as set forth in the Plan. The MHA may obtain input from other interested persons and may consider legitimate and objective concerns about any acquisition, acquisition-rehabilitation or development opportunity, but the MHA shall not fail to pursue, or fail to bring to fruition, any acquisition, acquisition-rehabilitation or development opportunity due to illegitimate opposition by any person or entity whose approval is not legally required for such acquisition, acquisition and rehabilitation, or development to occur. In determining whether and how to pursue any acquisition, acquisition-rehabilitation or development opportunity, the MHA may take into account legitimate and reasonable concerns expressed by a person or entity whose approval is legally required to bring to fruition such an opportunity.

   8. In implementing the Plan, the MHA shall use open, competitive, and appropriate procurement procedures as required by 24 C.F.R. Part 85.

   9. The parties understand that the process of public housing acquisition, acquisition and rehabilitation, and/or development is a complex one and that delays in this process may be caused by unanticipated conditions related to the housing market in Milford which are beyond the control of any party to this Settlement Agreement. Such unanticipated conditions might include, for example, the temporary unavailability of housing at or below the maximum allowabletotal development costs ("TDC") established by HUD. If any such conditions cause or can reasonably be expected to cause the MHA to be unable to comply withthe time frames set forth in the Plan pursuant to ¶4(a), the MHA shall promptly seek the plaintiffs' approval for modification of such time frames. The plaintiffs shall in good faith review any such request and shall not unreasonably withhold their approval. In the event that approval is unreasonably withheld, the MHA may apply to the Court for an extension of the time frames pursuant to the procedure set forth in ¶43.

   10. If, due to unanticipated conditions related to the housing market in Milford, the MHA comes to believe that the Plan cannot be implemented as set forth therein, the MHA may seek to reformulate the Plan consistent with HUD regulations set forth in 24 C.F.R. Part 941 and supporting guidelines. At least fifteen (15) days before seeking such reformulation, the MHA shall inform DOJ and counsel for the private plaintiffs in writing of its intended request and explain the basis for it.

   11. The MHA shall maintain all records regarding its efforts to implement the Plan. These records shall be made available pursuant to Section V of this Agreement.

12. The MHA will select families to occupy the housing units acquired, acquired and rehabilitated, and/or developed under the Plan in an objective, non-discriminatory manner according to appropriate eligibility and screening criteria. In so doing, the MHA will use the guidelines set forth below, many of which are also contained in its Admissions and Continued Occupancy Plan ("ACOP").

13. Beginning the first Monday at least sixty (60) days after the date of HUD approval, and continuing thereafter for the remainder of the five-day business week, the MHA will accept pre-applications for residency in its subsidized housing units for families, including the subsidized housing units to be acquired and/or developed under the Plan (collectively, "subsidized housing units for families"). This period constitutes the "First Application Period." Approximately twelve (12) months following the conclusion of the First Application Period, and approximately once every twelve (12) months thereafter for the duration of this Agreement, the MHA will hold additional five-day Application Periods, during which it will similarly accept pre-applications for residency in its subsidized housing units for families.

14. The MHA shall publish advertisement notices concerning the First and subsequent Application Periods in accordance with ¶29 of this Settlement Agreement. In addition to the information required by that Paragraph, the final such notice published prior to each Application Period shall contain a blank pre-application form. At least one week prior to each Application Period, the MHA shall also deliver, by first class mail, notices containing blank pre-application forms to social service agencies in Milford and surrounding municipalities.

15. Any person who wishes to apply for residency in the MHA's subsidized housing units for families must complete and mail a pre-application to a specifically designated address at the MHA during an Application Period. Pre-applications shall be submitted by mail only, except that reasonable accommodations shall be made for individuals whose disabilities make mailing impracticable. All pre-applications must be post-marked within an Application Period and received by the MHA no later than fourteen (14) days after the close of an Application Period. The MHA will not consider any pre-application not post-marked and received accordingly. If an individual submits more than one pre-application during an Application Period, the MHA will not consider any of the pre-applications he or she submitted for that Period, and he or she will be ineligible for the MHA's subsidized housing units for families until the following Application Period.

16. All envelopes containing pre-applications shall remain sealed and shall be placed in a secure location until fifteen (15) days after the close of an Application Period. On said fifteenth day, the MHA shall conduct a Lottery to determine which pre-applicants may be considered for residency in its subsidized housing units for families. Specifically, the MHA shall draw at random, from among all pre-applications, a specific number of timely submitted pre-applications which it determines, in its discretion, to be sufficient to establish a family public housing Waiting List that will not be exhausted prior to the subsequent Application Period.

17. Within three weeks after the Lottery is held, the MHA shall notify all pre-applicants selected in the Lottery that they have been selected. The notice shall invite these selected pre-applicants to the offices of the MHA to complete an application for low-income family public housing and provide any additional information which will help determine their eligibility for such housing. Selected pre-applicants must complete these applications and provide this information in person at the MHA's offices, except that reasonable accommodations shall be made for selected pre-applicants whose disabilities make coming to the MHA impracticable. Selected pre-applicants who complete an application ("applicants") will be screened by the MHA to determine whether they meet the MHA's Eligibility and Selection Criteria, which are contained in the ACOP. Applicants who meet those Criteria will be placed on the Waiting List in the order in which they were drawn in the Lottery, and according to the additional guidelines set forth in the ACOP and in ¶¶20 - 22 below. The MHA will apply its Selection Criteria in a non-discriminatory manner to assess the willingness and ability of applicants to comply with essential lease provisions, including, but not limited to:
    1. paying rent and other charges in a timely manner;

    2. appropriately caring for the unit and common areas;

    3. not interfering with the rights and peaceful enjoyment of others; and

    4. not engaging in criminal activity (including drug-related criminal activity) that threatens the health, safety, or right to peaceful enjoyment of other residents or staff.

18. Selected pre-applicants who do not properly complete an application or who do not satisfy the MHA's Eligibility and Selection Criteria will not be placed on the Waiting List and will not be considered for residency in the MHA's subsidized housing units for families. As provided in the ACOP, these pre-applicants will have a right to an informal hearing.

19. The advertisement notice required by ¶14 shall include language indicating that selected pre-applicants will be notified of their selection no more than three weeks after the Lottery, and that non-selected pre-applicants will not be notified of their non-selection. Accordingly, non-selected pre-applicants will not receive notification, following the Lottery, that their pre-applications were not selected.

20. In addition to being placed on the Waiting List according to the order in which their pre-applications are drawn in the Lottery, applicants who satisfy the MHA's Eligibility and Screening Criteria will be ranked on the Waiting List within three general categories, as provided in the ACOP:
    1. Families with at least one federal preference and at least one ranking preference;

    2. Families with at least one federal preference but no ranking preference; and

    3. Families without any federal preference (ranking preference immaterial).

    Consistent with this Section and the ACOP, applicants with both a federal preference and a ranking preference shall assume a higher position on the Waiting List than applications with only a federal preference.

21. The "federal preferences" referred to in the preceding paragraph are set forth at 24 C.F.R. Part 5, Subpart D. They confer priority upon: (1) families who are homeless or living in substandard housing; (2) families who are or will be involuntarily displaced; and (3) families who pay more than 50% of their income for rent and utilities. Applicants who qualify for one federal preference will not receive less of a preference than applicants who qualify for more than one such preference, but will instead enjoy the same preference status as those applicants.

22. The "ranking preferences" referred to in ¶20 confer priority upon applicants with at least one federal preference who (1) live, work or have been hired to work in Milford, or (2) are members of families having an adult member who is employed, or who cannot be employed because of age or disability. Applicants who qualify for one "ranking preference" will not receive less of a preference than applicants who qualify for more than one ranking preference, but will instead enjoy the same preference status as those applicants.

23. Families on the MHA's currently existing family public housing waiting list shall assume positions at the top of the Waiting List, in the order in which they are ranked on the currently existing list.

24. As housing units acquired, acquired and rehabilitated, and/or developed under the Plan or other of the MHA's subsidized housing units for families become available for occupancy, the MHA will offer such units alternately, on a one-for one-basis, to applicants with a federal preference and applicants without a federal preference in the order of their positions on the Waiting List. Immediately prior to offering a unit to an applicant on the Waiting List, the MHA will again screen that applicant according to its Screening and Eligibility Criteria to ensure that the applicant remains eligible for residency in the MHA's subsidized housing units for families. Any applicant on the Waiting List who declines to accept an offered housing unit shall be moved to the end of the Waiting List, as set forth in the ACOP.

25. Any applicant who is placed on the Waiting List after one Application Period but not offered a housing unit by the MHA prior to the subsequent Application Period(s) will be asked, at least four weeks prior to such subsequent Application Period(s), to provide written confirmation that he or she wishes to remain on the Waiting List. Every such applicant who provides such written confirmation at least two weeks prior to the beginning of the subsequent Application Period(s) shall retain his or her place on the Waiting List, shall retain a higher rank on the Waiting List than any applicant placed on the Waiting List following the subsequent Application Period(s), and shall accordingly be offered a housing unit prior to any applicant placed on the Waiting List following such subsequent Application Period(s).

26. The parties to this Settlement Agreement agree that, as written, the procedures and guidelines set forth in this Section and in ¶5 are fair and legal and comply with all applicable laws and regulations. However, each party reserves its right, after sufficient time has elapsed, to evaluate the manner in which such procedures and guidelines operate in practice and to revise or request revision of these procedures to ensure compliance with all applicable laws and regulations. The parties shall work in good faith in the event that a request for revision is made and shall use the procedures set forth in Section VIII of this Settlement Agreement to resolve any dispute.

27. This Agreement only contains guidelines regarding the procedures for applying for and being selected to reside in the MHA's subsidized housing units for families. It does not contain all of the specific provisions that will govern such application and selection procedures. Each such specific provision will be set forth in the Plan.

28. The MHA will undertake the outreach efforts set forth in this Section to publicize in Milford and in surrounding municipalities the new subsidized housing units being acquired, acquired and rehabilitated, and/or developed under the Plan.

29. Thirty (30) days after the date of HUD approval, and once each week thereafter for the next three weeks, the MHA will place an advertisement concerning its subsidized housing units for families in the news sections of each of following publications: (a) New Haven Register; (b) Connecticut Post (c) Milford Mirror; and (d) such other publications as the parties agree upon. The MHA will place a similar advertisement concerning these housing units in the news sections of each of these publications once each week for the four weeks preceding all subsequent Application Periods. Each such advertisement will:
    1. prominently display the fair housing logo;

    2. set forth the dates of the pertinent Application Period and explain when, where and how prospective applicants will be required to submit pre-applications;

    3. describe the Lottery, eligibility criteria, the intake and screening process for selected pre-applicants, and the ranking procedures governing the Waiting List; and

    4. describe, if possible, the housing units being made available under the Plan by size, type and location.

    As required by ¶14, the last advertisement appearing in each of the above-designated publications prior to an Application Period shall also contain a blank pre-application form which persons seeking residency in the MHA's subsidized housing units for families may clip, fill out and mail to the MHA pursuant to the provisions of Section III of this Agreement.

30. To ensure that persons with disabilities have equal opportunity to live in the MHA's subsidized housing units for families, those units will comply with the Fair Housing Act, Section 504 of the Rehabilitation Act, and HUD's accessibility guidelines set forth in 24 C.F.R. Part 40 and 24 C.F.R. Part 100.205. Additionally, the MHA will undertake outreach efforts to private and public agencies serving persons with disabilities and will ensure that the admissions process for residency in the MHA's subsidized housing units for families is fully accessible to and usable by such persons.

31. Three months after the date of HUD approval, six months after the date of HUD approval, and thereafter every six months for the duration of this Settlement Agreement, the MHA will submit a progress report to plaintiffs' counsel. Each progress report will include: (a) a description of the efforts made to acquire, acquire and rehabilitate, and/or develop subsidized housing units for families, as set forth in the Plan, since the previous report was submitted or, for the initial report, since the Settlement Agreement was approved ("the reporting period"); (b) a description of the affirmative marketing and outreach efforts undertaken pursuant to Section IV of this Agreement during the reporting period; (c) a report on the tenanting of any housing units acquired, acquired and rehabilitated, and/or developed under the Plan during the reporting period; and (d) information from the Waiting Lists showing applicants added and offers made, accepted, and rejected during the reporting period.

32. At any time during the term of this Agreement, the United States and private plaintiffs' counsel, upon reasonable notice to the MHA, may review any documents within the possession, custody or control of the MHA which arise out of or concern the implementation of this Settlement Agreement, including, but not limited to, the Waiting List, applications for residency in the MHA's subsidized housing units for families, any materials relating to the acquisition, acquisition and rehabilitation, or development of housing units under the Plan, and any documents reflecting communications between the MHA and entities whose approval is legally required for the acquisition, acquisition and development, and/or development of housing under the Plan.

33. Plaintiffs may designate a consultant, at their own expense, to conduct periodic reviews of the MHA's efforts to acquire, acquire and rehabilitate, and/or develop housing units under the Plan and otherwise comply with the terms of this Settlement Agreement. The MHA will cooperate with such reviews, and any reports by the consultant will be shared with all parties to this Settlement Agreement.

34. The MHA will comply with all civil rights laws, whether state or federal, and all HUD program and fair housing requirements, as contained in the Housing Act of 1937 and Title 24 of the Code of Federal Regulations.

35. All agents and employees of the MHA whose responsibilities include the review and selection of tenants for housing units provided by the MHA ("MHA Personnel") shall complete a program of educational training concerning their responsibilities under the Fair Housing Act and other civil rights laws. This program shall be conducted by a person or organization mutually agreed upon by the parties; alternatively, MHA Personnel shall attend regularly scheduled programs and/or seminars run by a person or organization agreeable to all parties. Any member of the Board of Commissioners may, at the Board's discretion, participate in such educational program. The MHA shall maintain a written record of all MHA Personnel and Commissioners who participate in such program.

36. The MHA certifies that this Agreement has been read by its Commissioners, executive director, family public housing manager, and all other agents or employees whose duties are or will be in any way affected by it. Additionally, the MHA shall make a copy of this Agreement available to any agent or employee hired after the date it is entered by the Court and shall further ensure that it is read by any such new agent or employee whose duties will be affected by it.

37. In the event that any funds remain unexpended after the MHA has completed all activities required under the Plan, the MHA shall use such remaining funds in a manner consistent with HUD regulations and the objective of this Settlement Agreement as set forth in ¶1.

38. This Settlement Agreement resolves all of the United States' claims against the MHA arising out of, or related to, the MHA's cancellation of the scattered site housing program in September 1995.

39. If, within fourteen (14) days after the close of the First Application Period, the MHA receives from plaintiffs Denson, McDonald and/or Carter any pre-application post-marked within that Period, such pre-application shall be treated in the same manner as all other applications, as set forth in ¶¶ 15 -

40. Plaintiffs Denson, McDonald and Carter shall be accorded the same treatment as any other individual who submits a pre-application post-marked within the First Application Period.

41. Within five (5) days of the date of approval of this Agreement by the Court, the MHA shall pay to private plaintiffs the sum of one dollar ($1.00) plus other valid consideration. Once this sum has been paid, except for any claim which may arise out of acts, failures to act, or other conduct occurring after the date of entry of this Agreement by the Court, and subject to the rights of all undersigned parties to enforce this Agreement through the Court, the NAACP-New Haven Branch, Beverly McDonald, Anthony Carter, Pamela Denson, Anita Horne, and the MHA mutually release and forever discharge any and all grievances, suits, causes of action, and claims of any nature whatsoever, legal, equitable or administrative, whether known or unknown, that were or could have been asserted in this action or that were or are in any way related to the claims and defenses asserted in this action. These include, but are not limited to, claims for damages (both compensatory and punitive), fines, attorneys' fees, and costs, as well as any and all other such charges, causes of action, complaints or claims which are based on actions, facts, occurrences or failures to act prior to the time of the date of entry of this Agreement.

42. Other than as stated above, all parties shall bear their own costs and fees.

42. This Agreement is effective immediately upon its entry by the Court, and the Court will have continuing jurisdiction over this matter until each provision of this Agreement has been fully satisfied.

43. The parties will endeavor in good faith to resolve informally any difference regarding interpretation of or compliance with this Agreement prior to bringing such matter to the Court for resolution. Specifically, in the event of any alleged noncompliance with this Agreement by any of the parties hereto, the party alleging such non-compliance shall give written notice thereof to all other parties. The notice shall specifically set forth the facts supporting the allegations. Within thirty (30) days of receiving the notice, the allegedly non-complying party shall either remedy the alleged non-compliance and provide written notice of such remedy to all other parties, or shall provide a written position statement concerning the alleged non-compliance to all parties. In the event that the latter occurs, the parties shall immediately thereafter attempt to resolve their dispute through negotiation. If the dispute is not resolved within thirty (30) days after submission of the written position statement, any party may move the Court to impose any remedy authorized by law or equity, including enforcement of any of the provisions of this Agreement.

44. After all provisions of this Agreement have been satisfied, the MHA shall notify the court and private plaintiffs of the same in writing. Upon the court's receipt of such written notification, this Agreement shall terminate and the Consolidated Action shall be dismissed with prejudice with respect to the MHA, unless, within ten days after receiving such notification, the United States or private plaintiffs file a motion objecting to such dismissal. Any such motion must specify with particularity the reasons for the objection and any ground for claiming that the MHA has not fully satisfied the terms of this Agreement.

IT IS HEREBY ORDERED this ______ day of ____________, 1998.

______________________________
UNITED STATES DISTRICT COURT JUDGE

The undersigned parties consent to and request that the Court enter this Settlement Agreement as its own Order.

FOR DEFENDANT MHA:

JAMES G. WILLIAMS
ROBERT J. FLANAGAN, JR.
Cella, McKeon & Williams, P.C.
P.O. Box 221
21 Washington Avenue
North Haven, CT 06473-0221
(203)239-5851

FOR PLAINTIFF UNITED STATES:

BRIAN F. HEFFERNAN
SETH ROSENTHAL
JE YON JUNG
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, DC 20035-5998
(202) 514-4713

STEPHEN ROBINSON
United States Attorney
District of Connecticut
157 Church Street
23^rd Floor
New Haven, CT
(203) 821-3700

FOR PRIVATE PLAINTIFFS:

PHILIP D. TEGELER
Connecticut Civil Liberties Union Foundation
32 Grand Street
Hartford, CT 06106

SHELLEY WHITE
New Haven Legal Assistance
426 State Street
New Haven, CT 06510-2018
(203) 946-2811

1. Information to be submitted to the United States Department of Justice shall be sent to:

Chief, Housing and Civil Enforcement Section
United States Department of Justice
POB 65998
Washington, D.C. 20035-5998