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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS


United States of America,
     Plaintiff,

Leadership Council for
Metropolitan Open Communities,
Mae Rose Kelly, and
Patrick Cottrell,
     Plaintiffs-in-Intervention,

v.

Sinforiano Ojeda
and
Adela Ojeda
     Defendants.

______________________________


CONSENT ORDER

This Consent Order is entered into by Plaintiff United States; Plaintiffs-in-Intervention, the Leadership Council for Metropolitan Open Communities ("Leadership Council"), Mae Rose Kelly, and Patrick Cottrell; and Defendants Sinforiano Ojeda and Adela Ojeda ("Defendants"). Defendants own and operate 7222 North Damen Avenue, Chicago, Illinois, ("the Property" or "7222 North Damen Avenue"), a residential rental property. The Property and the approximately forty-two apartments it contains are dwellings within the meaning of 42 U.S.C. § 3602(b), Section 802(b) of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 - 3619 (hereinafter "The Fair Housing Act").

  1. Procedural History and Stipulated Facts

The parties stipulate to the following: Sinforiano and Adela Ojeda purchased the Property in approximately July 16, 1997 and have owned and operated the Property at all relevant times. Sinforiano Ojeda has functioned as the day-to-day manager of the Property and as the agent of Adela Ojeda.

Ms. Kelly, who is African-American, resided at the Property from approximately 1994 until Defendants evicted her in November 1997. Mr. Cottrell and Ms. Chambers, who are African-American, resided together at the Property from approximately 1995 until Defendants evicted the couple and their eighteen-month old son in October 1997.

The Leadership Council is a not-for-profit Illinois corporation that promotes fair housing throughout the Chicago metropolitan region. After receiving complaints regarding housing discrimination at the Property, the Leadership Council conducted a fair housing test at the Property in September 1997.

In July 1998, the Leadership Council, Mae Rose Kelly, Patrick Cottrell and Althea Chambers, (also known as Althea Cottrell), filed complaints with Housing and Urban Development ("HUD") alleging that Defendants had discriminated against them in housing on the basis of race and color in violation of the Fair Housing Act. HUD investigated, and on March 28, 2000, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination pursuant to 42 U.S.C. § 3610(g)(2)(A), charging Sinforiano and Adela Ojeda with engaging in discriminatory housing practices in violation of the Fair Housing Act. On or about April 19, 2000, Mae Rose Kelly, Patrick Cottrell, and the Leadership Council elected to have the claims asserted in the Charge of Discrimination resolved in a federal civil action pursuant to Section 812(a) of the Fair Housing Act, 42 U.S.C. § 3612(a). The United States filed its complaint on behalf of the Leadership Council, Ms. Kelly, Mr. Cottrell, and Ms. Chambers on June 20, 2000. The complaint alleges that Defendants violated Sections 804(b), 804(c), and 804(d) of the Fair Housing Act, 42 U.S.C. §§ 3604(b),(c), and (d). On or about September 6, 2000, the Court granted a motion by the Leadership Council, Ms. Kelly, and Mr. Cottrell to intervene in the action pursuant to 42 U.S.C. § 3612(o)(2).

  1. Statement of Allegations

  1. The United States alleged in its complaint (1) that between approximately July 1997 and November 1997, Mr. Ojeda made numerous statements to Ms. Kelly, Mr. Cottrell, and a tester employed by the Leadership Council indicating a clear preference, policy and intent to limit and exclude black persons from residing at the Property, and encouraged the white but not the black tester to live at the Property. The United States alleged that Mr. Ojeda closed the Property's garbage chute based at least in part for racial reasons, and that Ms. Ojeda either knew of or should have known of the statements and conduct of Mr. Ojeda but failed to prevent or curtail the discrimination. The United States alleged that Defendants violated Sections 804(b), 804(c), and 804(d) of the Fair Housing Act, 42 U.S.C. §§ 3604(b),(c), and (d).

  2. Defendants deny the United States' and Intervening Plaintiffs' allegations of discrimination and contend they have complied with the Act in all respects. However, the parties desire to avoid costly and protracted litigation and agree that this dispute should be resolved without an evidentiary hearing. Therefore, the parties have agreed to the entry of this Consent Order, as indicated by the signatures appearing below.

It is hereby ORDERED, ADJUDGED and DECREED:

  1. Injunctive Relief

Defendants Sinforiano and Adela Ojeda, their agents, employees, and all persons in active concert or participation with any of them are permanently enjoined, with respect to the rental or sale of dwellings at 7222 North Damen Avenue, Chicago, Illinois, and any other locations at which they engage in the sale or rental of dwellings, from:

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

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

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

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

  5. Engaging in any other discriminatory housing practice prohibited by 42 U.S.C. §§ 3601-3619.

  1. Standards for Accepting Applications

  1. No later than forty-five (45) days from the date of entry of this Order, Defendants shall, with respect to dwellings rented by them, their agents or employees, at 7222 North Damen Avenue, Chicago, Illinois, implement objective, uniform, non-discriminatory standards and procedures for the processing of applications and tenant grievances, the establishment of waiting lists, the approval of applicants for the rental or sale of available dwellings and/or positions on waiting lists. A copy of these standards and procedures appears as Attachment A.

  2. The standards and procedures required by Section IV(A) shall be posted and prominently displayed in the rental office at 7222 North Damen Avenue, Chicago, Illinois, and in any office where there is rental activity and/or personal contact with applicants for dwellings at this Property, and a copy of these standards and procedures shall be made available upon request to any applicant for the lease of an apartment. 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 and the Leadership Council forty-five (45) days before modifications are to take effect. (2) In the event that the United States or the Leadership Council objects to the proposed change in writing within forty-five (45) days of receipt of notice, the change shall not be implemented until the parties have resolved their dispute or, in the event they are unable to resolve it, the Court has resolved it.

    With respect to dwellings rented by Defendants, their agents or employees, at 7222 North Damen Avenue, Defendants shall:

    1. Maintain an Availability List (substantially in the form of Attachment B) of all dwellings known or expected to be available for rental, including: the date the Defendants or their employees or agents were first informed that it would be available; the first date it would be available for occupancy; the unit number; number of bedrooms; and monthly rent;

    2. Inform prospective applicants who inquire about renting of all available units, if any, and if none is available or none of the requested number of bedrooms is available, about the availability of a waiting list;

    3. Permit all prospective applicants the opportunity to complete a written rental application and/or to be placed on a waiting list, which shall be maintained pursuant to subparagraph (IV)(C)(4) below; and

    4. Maintain a Waiting List (substantially in the form of Attachment C) of all prospective applicants who wish to be placed on such a list and who apply in person to be placed on the list in chronological order by date, and time, if applicable, of inquiry. For all prospective applicants, the List shall state their names, their current address and telephone number, a description of the number of bedrooms or other features desired and, based on the good faith belief of Defendants or their representatives, their race. The List shall further indicate for each prospective applicant the date of placement on the List, the date(s) and time(s) of attempted or actual communications concerning the availability of a dwelling, and the nature (e.g., telephone call or letter) and result of all such communications. When Defendants or their agents or employees become aware of any vacancy at the Property, they shall attempt to contact persons from the Waiting List, in the chronological order they are listed, before making that dwelling available to any other person. Once a reasonable attempt has been made to contact a person on the waiting list, they may attempt to contact the next person. Once a person has been on the list for forty-five (45) days, without any indication that the person is still interested, the person's name may be removed from the list. These lists shall be maintained pursuant to the provisions of Section VI(A).

  1. Mandatory Education and Training

  1. Within sixty (60) days of the date of entry of this Order, Defendants and any other agent or employee with responsibility for the rental, sale or management of dwellings at 7222 North Damen Avenue, shall complete an education program conducted by the Leadership Council, at the Defendants' expense, that shall include the following:

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

    2. Providing a copy of the federal Fair Housing Act to each agent or employee whose duties include showing, renting or managing dwelling units, and each agent or employee who supervises such activities;

    3. Instructing each individual on procedures to insure that race or color does not enter into the process of providing rental information to persons who make an inquiry or in making decisions on rental applications;

    4. Instructing each individual of his or her obligations not to make any statements with respect to the rental or sale of a dwelling that indicates any preference, limitation or discrimination because of race or color;

    5. A question and answer session to review each of the foregoing areas; and

    6. Certification of attendance by the person conducting the educational program for each person attending the program.

  2. For the duration of this Order, each new employee or agent of Defendants with responsibilities relating to 7222 North Damen Avenue or person acquiring an ownership interest in the Property through a transfer that does not meet the requirements of Section IX below, within sixty (60) days of the signing of this Order or within forty-five (45) days of the commencement of the employment, agency, or ownership relationship,(whichever is later), shall undergo the training and fulfill the certification requirements as stated in paragraph A.

  3. Within forty-five (45) days of the date of entry of this Order, Defendants shall do the following with respect to all employees and agents with responsibilities relating to 7222 North Damen Avenue to inform them of the provisions of this Order:

    1. Furnish to each such employee or agent a copy of this Consent Order, informing each such individual, in person, of the duties of Defendants and their employees and agents pursuant to the Order; and

    2. Secure the signed statement appearing at Attachment D from each such employee and agent indicating that he or she has received, read, and understands this Consent Order and Defendants' policy of nondiscrimination and further understands that violation of this Order may result in sanctions against them by Defendants and/or the institution of legal action against them.

  4. For the duration of this Order, each new employee or agent of Defendants with responsibilities relating to 7222 North Damen Avenue and any person acquiring an ownership interest in the Property through a transfer that does not meet the requirements of Section IX below shall be given a copy of and required to read this Consent Order, and sign the statement appearing at Attachment D, within forty-five (45) days after the commencement of the employment, agency, or ownership relationship.

  1. Record Keeping and Monitoring

  1. With respect to the rental or sale of dwellings at 7222 North Damen Avenue, Defendants shall:

    1. Maintain an Availability List as described in Section IV(C)(1).

    2. Maintain an Inquiry Log (Attachment E) of all persons who inquire in person about the availability of dwellings, stating the date of inquiry, and, for each person who provides such information, the person's name, current address, telephone number, and, based on the good faith belief or observation of Defendants or their representatives, the person's race. If the person rents a dwelling, the apartment number and date of occupancy for that person shall be noted on the Log. Defendants or their representatives shall make a good faith effort to obtain the information referred to in this paragraph with respect to each prospective applicant.

    3. At the end of each completed Rental Application (hereinafter "Application")(Attachment F) indicate whether the applicant was accepted or denied, the date the applicant was accepted or denied, and the race of the applicant. (3)

    4. Maintain all Waiting Lists prepared pursuant to Section (IV)(B)(4) above.

  2. Six (6) months after the date of entry of this Order, and every six (6) months thereafter for a period of two (2) years after the entry of the Order and once at the conclusion of three (3) years, Defendants shall deliver to counsel for the United States and the Leadership Council a report covering the preceding six-month period containing the following information:

    1. Copies of all signed statements secured pursuant to Sections (V)(B)(2) and (V)(C) of this Order;

    2. Copies of the Availability Lists, Inquiry Logs, completed Applications, and Waiting Lists maintained pursuant to Subparagraph (VI)(A) of this Consent Order;

    3. Representative copies of any and all advertisements published in a newspaper or any other medium during the reporting period; and

    4. A listing, by unit number and race (based on a reasonable, good faith belief) of the occupants, of the move-ins, and of the move-outs during the reporting period.

      The first report submitted pursuant to this Paragraph shall also include:

    5. Written verification that Defendants and any other person required to do so have attended the education program mandated by Subparagraph (V)(A) of this Order;

    6. A report detailing the occupancy of each apartment at 7222 North Damen Avenue by the race (based on a reasonable, good faith belief) of the occupant(s) as of the date of entry of this Order; and

    7. A photograph of each office in which rental or sales activity is conducted, showing the fair housing posters required by Paragraph (VII)(A) of this Order.

  3. Until final dismissal of this action with prejudice, Defendants shall preserve all records which are the source of, contain, or relate to any of the information pertinent to their obligations under this Order, including all rental and sales applications and leases for dwellings at 7222 North Damen Avenue. Upon reasonable notice to counsel for Defendants, representatives of the United States and/or the Leadership Council shall be permitted to inspect and copy all such records of Defendants at any and all reasonable times.

  4. During the term of this Order, Defendants shall advise counsel for the United States and the Leadership Council in writing within fifteen (15) days of receipt of any written administrative or legal complaint alleging housing discrimination against Defendants, or against any of their employees or agents. They shall also promptly provide the United States and the Leadership Council all non-privileged, discoverable information it may request concerning any such complaint.

  1. Notification to Public of Nondiscriminatory Policies

Within forty-five (45) days after the date of entry of this Consent Order, Defendants shall take the following steps to notify the public of their nondiscriminatory policies:

  1. Post and prominently display in the rental and sales office of 7222 North Damen Avenue, and in any office where there is rental or sale activity and/or personal contact with applicants for units at 7222 North Damen Avenue, a poster no smaller than 11 inches by 14 inches that indicates that all apartments are available for rent on a nondiscriminatory basis. See 24 C.F.R. Part 110 (1995).

  2. Include the words "Equal Housing Opportunity" or the fair housing logo in all advertising conducted by defendants for 7222 North Damen Avenue in newspapers, telephone directories, radio, television or other media, and on all billboards, signs, pamphlets, brochures and other promotional literature. The words or logo should be prominently placed and easily legible. In addition, all newspaper and radio advertising placed by Defendants subsequent to the date of entry of this Order shall conform to the provisions of the applicable HUD advertising guidelines, contained in 24 C.F.R Part 109 (1995).

  3. During the first year following entry of this Order, when Defendants advertise, they shall do so, in addition to any other print or broadcast media they may select (excluding signs), in the Chicago Sun-Times.

  4. Include the following phrase in the standard Rental Application (Attachment F) and the standard Lease Agreement (Attachment G) used for 7222 North Damen Avenue:

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

  5. Within forty-five (45) days of the entry of this Consent Order, and on an annual basis thereafter so long as this Consent Order is in effect, provide written notification to Howard Area Community Services (4) that Defendants rent apartments at 7222 North Damen Ave., 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.

  6. Defendants shall give Howard Area Community Services five (5) days advance notice prior to advertising to the public the availability of an upcoming vacancy for any dwelling at 7222 North Damen Avenue so that Howard Area Community Services may refer potential applicants.

  1. Compensation of Aggrieved Persons and Payment of Attorney's Fees

  1. Within five (5) days after entry of this Order, Defendants shall pay the sum of thirty-thousand dollars ($30,000) in settlement of all monetary claims and attorney's fees, to be apportioned as provided in Attachments I-1 through I-4 as compensation to Mae Rose Kelly, Patrick Cottrell, Althea Chambers, and the Leadership Council and as attorney's fees to the Leadership Council and Steven Saltzman. Defendants also hereby shall release Ms. Kelly, Mr. Cottrell, and Ms. Chambers from any monetary judgment obtained with respect to their tenancies at or eviction from 7222 North Damen Avenue. At or before the time the Court enters this Consent Order, Defendants shall execute the form Satisfaction of Release Judgment forms attached hereto as Attachment H pertaining to Ojeda v. Kelly, Case No. 97 M1 730598 and Ojeda v. Cottrell, Case No. 97 M1 722675 and provide the executed Satisfaction and Release of Judgment forms to Mr. Saltzman, counsel for intervenors, for filing with the Circuit Court and for judicial approval of the Releases of Judgment. Upon and in consideration of Defendants' payment of the above compensation and attorney's fees, Ms. Kelly, Mr. Cottrell, Ms. Chambers, and the Leadership Council, and Mr. Saltzman each shall execute a release, substantially in the form of Attachments I-1 and I-4.

  1. Transfer of 7222 North Damen Avenue and Other Properties

  1. The obligations of Defendants set out in Sections IV through VIII of this Consent Order shall terminate in the event that the 7222 North Damen Avenue is sold for value to a bona fide purchaser unrelated in any way with either Defendant, provided that at least thirty (30) days before any such sale is closed, Defendants notify counsel for the United States and the Leadership Council in writing of the transfer and provide sworn certification that (a) no individual defendant nor any owner, partner, officer, or shareholder of any defendant, or any member of their family will maintain any managerial, ownership, or other interest in the Property; and (b) the sale is an arms length transaction for value to a bona fide purchaser unrelated in any way with either Defendant. Any transfer or sale of management or property interests that does not satisfy the above terms shall not terminate Defendants' obligations under the Consent Order, and individuals acquiring an ownership interest in the Property shall then be subject to the Consent Order, including the training requirements set out in Section V, parts(B) and (D).

  2. Within five (5) days of entry of the Consent Order, Defendants shall execute a sworn certification in substantially the same form as Attachment J identifying any residential rental properties other than 7222 North Damen Avenue in which either Defendant has a direct or indirect management or ownership interest.

  1. Duration of Consent Order

    This case is dismissed without prejudice, except that this Court shall retain jurisdiction for the duration of the Order to enforce the terms of this Order. Prior to the expiration of the three-year term of this Order, the United States and/or the Leadership Council may move the Court to extend the duration of the Order. The burden shall be on the United States and/or the Leadership Council to prove that an extension is necessary. Absent such a motion for extension, this case shall, by operation of this Order, be dismissed with prejudice when the term of this Order ends.

  1. Remedies for Non-Performance

    For the duration of this Consent Order, all parties to this Consent Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, if Defendants should fail, willfully or otherwise, to perform in a timely manner any act required by this Consent Order or otherwise to act in violation of any provision thereof, and the parties attempt but are unable to resolve the problem informally, the United States and/or the Leadership Council 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. The Court shall retain jurisdiction to enforce the terms of this Order upon a motion to reopen the case for such purpose.

  1. Time for Performance

    Prior to dismissal, any time limits for performance imposed by this Consent Order may be extended by mutual agreement of the parties.

ORDERED this ____________________ day of ____________________ , 2000.

John F. Grady
District Judge
United States District Court
for the Northern District of Illinois

The undersigned agree to and request the entry of this Consent Order:

Bill Lann Lee

Acting Assistant Attorney General
Civil Rights Division

Joan A. Magagna
Chief

Isabelle M. Thabault
Deputy Chief Elizabeth Tucci
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 353-9706

Lewis Check
Michael Poulos, P.C.
Counsel for Sinforiano and Adela Ojeda
1724 Sherman Ave.
Evanston, IL 60201
(847) 492-9800

Stephen Stern
Counsel for Leadership Council for
Metropolitan Open Communities
111 West Jackson Blvd., 12th Floor
Chicago, IL 60604-3502
(312) 341-5678

Steven Saltzman
Counsel for Patrick Cottrell and Mae Rose Kelly
122 South Michigan
Suite 1850
Chicago, IL 60603
(312) 427-4500


ATTACHMENT A

Standards and Procedures

  1. It is the policy of the owners and managers of 7222 North Damen Avenue not to discriminate against anyone in any aspect of the rental of apartments because of race, color, national origin, religion, sex, handicap, or familial status (having children under the age of 18 years).

  2. If we do not currently have any apartments available or do not currently have any apartments with the number of bedrooms you request available, you may have your name placed on a waiting list. The names are kept on the waiting list for 45 days. We will contact you if an apartment becomes available during that time. If you wish to remain on the waiting list after the 45 day period, you should contact 7222 North Damen Avenue in writing or by telephone at (847) 559-1768 prior to the end of the 45 day period.

  3. Regardless of whether there is a vacancy, each prospective tenant will be given upon request a copy of the 7222 North Damen Rental Application and Lease Agreement. In order to qualify for tenancy at 7222 North Damen Avenue you must complete the Rental Application.

  4. The owners and managers of 7222 North Damen Avenue may charge a reasonable application fee and may condition tenancy upon obtaining a satisfactory credit report.


ATTACHMENT B

AVAILABILITY LIST
Apt. No. Date Property Notified of Opening Date First Available for Occupancy Number of Bedrooms Rent Other Info.


ATTACHMENT C

WAITING LIST

(Complete one for each person on list)
Date and Time Placed on List: ___/____/____ __________ a.m./p.m.
Name(s): Race:

__________________________________ _____________________

__________________________________ _____________________

__________________________________ _____________________

__________________________________ _____________________

Address:
Phone: ( ) ________ (day) ( )________ (eve.)
Requirements, if any (no. bedrooms, first floor, etc.):
1st Contact:

___/____/____ __________ a.m./p.m.

Form of contact: (check all that apply)

___ Phone (list number(s) called)______________________

___ Letter

Result/Response: ______________________

2nd Contact:

___/____/____ __________ a.m./p.m.

Form of contact: (check all that apply)

___ Phone (list number(s) called)______________________

___ Letter

Result/Response: ______________________

Other communications:


ATTACHMENT D

ACKNOWLEDGMENT OF INSTRUCTION

On ___________________________, 200__, I was instructed by ______________________________________ with respect to my responsibilities under the rental policies and procedures for 7222 North Damen Avenue and the Order entered by the federal district court in United States v. Sinforiano Ojeda and Adela Ojeda (N.D. Ill.). I have received a copy of and have read that Order. I understand my legal responsibilities under this Order and those policies and procedures, and I will comply with those responsibilities. I further understand that if I violate a provision of that Order, my employer may discipline me, and legal action may be instituted against me.

______________________________________
(Signature)

______________________________________
(Print Name)

______________________________________
(Date)


ATTACHMENTS I-1 through I-4

RELEASES FOR AGGRIEVED PERSONS

Attachment I-1: Althea Chambers

In consideration for the parties' agreement to the terms of the Consent Order entered in United States, et al. v. Sinforiano Ojeda and Adela Ojeda, Civil Action No. 00C-3722 (N.D. Ill.), and payment by Sinforiano and Adela Ojeda to me of $3,000, on behalf of myself, my personal representatives, successors, heirs, assigns, and all members of my family, I, Althea Chambers, hereby remise, release and forever discharge all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, the housing discrimination complaint I filed with HUD, No. 95-98-1263-8, and any other claims arising from alleged housing discrimination up to and including the date of execution of this release, that I may have against any of the Defendants, their heirs, executors, administrators, successors, assigns, agents, employees and agents.

Pursuant to 18 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this ____ day of _____________, 2000.

______________________________________
(Signature)

______________________________________
(Print Name)

______________________________________
(Address)


RELEASES FOR AGGRIEVED PERSONS

Attachment I-2: Patrick Cottrell

In consideration for the parties' agreement to the terms of the Consent Order entered in United States, et al. v. Sinforiano Ojeda and Adela Ojeda, Civil Action No. 00C-3722 (N.D. Ill.), and payment by Sinforiano and Adela Ojeda to me of $7,000, on behalf of myself, my personal representatives, successors, heirs, assigns, and all members of my family, I, Patrick Cottrell, hereby remise, release and forever discharge all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, the housing discrimination complaint I filed with HUD, No. 05-98-1263-8, and any other claims arising from alleged housing discrimination up to and including the date of execution of this release, that I may have against any of the Defendants, their heirs, executors, administrators, successors, assigns, agents, employees and agents.

Pursuant to 18 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this ____ day of _____________, 2000.

______________________________________
(Signature)

______________________________________
(Print Name)

______________________________________
(Address)


RELEASES FOR AGGRIEVED PERSONS

Attachment I-3: Mae Rose Kelly

In consideration for the parties' agreement to the terms of the Consent Order entered in United States, et al. v. Sinforiano Ojeda and Adela Ojeda, Civil Action No. 00C-3722 (N.D. Ill.), and payment by Sinforiano and Adela Ojeda to me of $7,000, on behalf of myself, my personal representatives, successors, heirs, assigns, and all members of my family, I, Mae Rose Kelly, hereby remise, release and forever discharge all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, the housing discrimination complaint I filed with HUD, No. 05-98-1257-8, and any other claims arising from alleged housing discrimination up to and including the date of execution of this release, that I may have against any of the Defendants, their heirs, executors, administrators, successors, assigns, agents, employees and agents.

Pursuant to 18 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this ____ day of _____________, 2000.

______________________________________
(Signature)

______________________________________
(Print Name)

______________________________________
(Address)


RELEASES FOR AGGRIEVED PERSONS

Attachment I-4: Leadership Council (damages and ALL attorney's fees)

In consideration for the parties' agreement to the terms of the Consent Order entered in United States, et al. v. Sinforiano Ojeda and Adela Ojeda, Civil Action No. 00C-3722 (N.D. Ill.), and payment by Sinforiano and Adela Ojeda to the Leadership Council for Metropolitan Open Communities of $7,000 in damages and $6,000 in attorney's fees (a total of $13,000), the Leadership Council for Metropolitan Open Communities on behalf of itself, all representatives, successors, heirs, and assigns, hereby remises, releases and forever discharges all claims of any kind, nature or description whatsoever, related to the facts at issue in the litigation referenced above, or in any way related to that litigation, the housing discrimination complaint the Leadership Council for Metropolitan Open Communities filed with HUD, No. 95-98-1257-8, and any other claims arising from alleged housing discrimination up to and including the date of execution of this release. This includes any and all claims for attorney's fees or related costs incurred in the litigation of this claim against Defendants, that the Leadership Council for Metropolitan Open Communities, Mae Rose Kelly, or Patrick Cottrell or their attorneys, may have against any of the Defendants, their heirs, executors, administrators, successors, assigns, agents, employees and agents. This release does not apply to any fees incurred in any dispute over subsequent enforcement of the Consent Order.

As an individual signing this certification, I, _______________, represent that in my position as ______________ for the Leadership Council for Metropolitan Open Communities that I have authority to bind the organization in this matter and that the Leadership Council for Metropolitan Open Communities has duly authorized me to execute this release. I further represent that this release includes any and all claims for attorney's fees that I may individually have incurred to date in my representation of parties in this case.

As an individual signing this certification, I, _______________, represent that in my position as counsel for Patrick Cottrell and Mae Rose Kelly, ______________ that I have authority to bind Mr. Cottrell and Ms. Kelly in this matter and that Mr. Cottrell and Ms. Kelly have duly authorized me to execute this release. I further represent that this release includes any and all claims for attorney's fees that I may individually have incurred to date in my representation of parties in this case.

Pursuant to 18 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this ____ day of _____________, 2000.

______________________________________
(Signature)

______________________________________
(Print Name and Title)

______________________________________
(Address of Leadership Council)

______________________________________
(Signature)

______________________________________
(Print Name and Title)

______________________________________
(Address of Steven Saltzman)


ATTACHMENT J

CERTIFICATION REGARDING OTHER PROPERTIES

The following is a complete listing setting out the address and number of units of all residential rental properties -- excluding 7222 North Damen Avenue in Chicago, Ill. -- in which I have a direct or indirect management or ownership interest and the nature of that interest:

Address Number of Units Nature of Ownership or
management interest
1)
2)
3)
(etc.)

Pursuant to 18 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this ____ day of _____________, 2000.

______________________________________
(Signature)

______________________________________
(Print Name)

______________________________________
(Address)


1. Plaintiffs-in-Intervention repeated these allegations in their amended complaint.

2. 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, United States Department of Justice, P.O. Box 65998, Washington, D.C. 20035-5998, Attention: DJ 175-23-688. Communications required to be sent to counsel for the Leadership Council shall be addressed to: Leadership Council for Metropolitan Open Communities 111 West Jackson Blvd., 12th Floor, Chicago, IL 60604-3502, Attention: Litigation Director.

3. Defendants may charge a reasonable application fee and may condition tenancy upon obtaining a satisfactory credit report.

4. Notices may be sent to Howard Area Community Services, Attention Roberta Buchanan, 7648 N. Paulina St., Chicago, IL, 60626. This organization may be reached by telephone at (773) 262-6622.

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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