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SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
PULTE HOME CORPORATION

The United States of American ("United States") and Pulte Home Corporation ("Pulte") jointly enter into this Settlement Agreement ("Agreement") to resolve alleged violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619 ("the Act"), by Pulte. This Agreement is intended to resolve fully and finally all claims asserted, or that could have been asserted as of the date of this Agreement, arising out of our or relating to the matters referred to in this Agreement.

  1. INTRODUCTION

This Agreement emanates from the United States' investigation under the Act of six developments constructed by Pulte. These six developments and their locations are: (1) Sierra Ridge, Elgin, Illinois; (2) Gulf Harbor, Ft. Meyers, Florida; (3) Pelican Marsh, North Naples, Florida; (4) Ventura Country Club, Orlando, Florida; (5) Cedar Lakes, Fairfax, Virginia; and, (6) Sycamores at Van Dorn, Alexandria, Virginia. In this Agreement, these six developments are referred to collectively as the "Developments."

The Act requires that newly constructed multi-family dwellings be designed and constructed with certain features of accessibility. In general, the design and construction requirements as the Act apply to the following: (1)all dwelling units in buildings containing four or more dwelling units if such buildings have one or more elevators; or (2) all ground floor dwelling units in other buildings containing four or more units. See 42 U.S.C. § 3604(f)(7). The United States alleges that three hundred and eight (308) of the dwelling units at the Developments are "covered units" within the meaning of the Act, 42 U.S.C. § 3604(f)(7)(A). The "covered units" at the Developments including the following models: (1) Sierra Ridge - Aztec model; (2) Gulf Harbor - Sandpiper and Ibis models; (3) Pelican Marsh - Sandpiper and Ibis models; (4) Cedar Lakes - Princeton and Radcliff models; (5) Sycamores at Van Dorn - Easton and Freemont models; and (6) Ventura Country Club - Madison and Huntington models.

The Act requires that covered units include certain basic design features of accessibility intended to make the units usable by a person who is or becomes disabled. Covered units must be designed and constructed so they contain: (a) public use and common use areas which are readily accessible to and usable be persons with disabilities; (b) doors designed to allow passage into and within the units which are sufficiently wide to allow passage by persons in wheelchairs; (c) an accessible route into and through each unit; (d) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (e) reinforcements in bathroom walls to allow later installation of grab bars; and (f) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. See 42 U.S.C. § 3604(f)(3)(C). The United States has alleged that as designed and constructed, the Developments' common or public use areas and certain of the covered units do not comply fully with the requirements of 42 U.S.C. § 3604(f)(3)(C).1

Pulte denies that its actions constituted a violation of the Act. Nevertheless, Pulte shares with the United States a desire to increase the housing opportunities for persons with disabilities and is entering into this Agreement in order to further that goal.

The United States acknowledges that Pulte cooperated fully during the United States' investigation of this matter and welcomes the efforts of Pulte,as one of the nation's leading homebuilders, to further the spirit of the Fair Housing Act by undertaking a leadership role through the remedial initiatives described in this Agreement.

  1. RESOLUTION OF THE DISPUTE AND
    USE OF THIS AGREEMENT

  1. Purpose of Agreement. In order to avoid the expense and uncertainties of litigation, the parties believe that the controversy should be resolved without litigation.

  2. Use of Agreement. This Agreement shall not be offered into evidence in any legal or administrative proceeding for any purpose whatsoever except to enforce its terms.

  3. Consideration for the Agreement. The Attorney General is authorized, pursuant to Section 814(a) of the Fair Housing Act, 42 U.S.C. § 3614(a), to bring a civil action enforcing the Fair Housing Act in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration for the terms of this Agreement, the Attorney General agrees to refrain from undertaking further investigation under the Fair Housing Act with regard to the allegations referenced in Section I of the Agreement, or from filing a civil suit or taking any other legal action under Section 814(a) based upon the facts underlying those allegations existing as of the effective date of this Agreement except as provided in this Agreement.

  1. SCOPE OF AGREEMENT

  1. Effective Date of Agreement. For purposes of the time frames set forth herin, the "date of the Agreement" shall be the date of the last signatures listed below in Section XVIII and the Agreement shall be effective as of such date.

  2. Application of Agreement. This Agreement applies to and addresses any alleged violations of 42 U.S.C. § 3604(f)(3)(C) that may have occurred at the Developments up through the date of this Agreement.

  1. GENERAL AGREEMENT

    Pulte, its officers and employees, agree to comply with the requirements of the Act, including specifically 42 U.S.C. § 3604(f)(3)(C), and the Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472 (1991)("the Guidelines").

  1. CORRECTIVE ACTIONS TO SOLD UNITS

  1. Coverage. The provisions of this section shall apply to all sold "covered units."

  2. Annual Notice of Retrofitting Offer. Withing thirty (30) days of this Agreement, and thereafter annually for two (2) years on the anniversary of that date, Pulte shall mail the notices set forth in Appendix A to each "covered unit." The notification shall advise of the availability of a retrofit as provided for in Paragraph C. The notification shall describe, as set forth in Appendix B, those items of the particular-covered unit that are subject to retrofitting. The notification shall be sent by certified main, return receipt requested, and shall be accompanied by the release form set forth in Appendix C.

  3. Retrofitting Requirements. At any time during the term of this Agreement, upon receiving request from an owner in response to the notice described in Paragraph B, within one hundred and twenty (120) days, Pulte shall retrofit the unit to add the features requested at its sole expense.

  1. PUBLIC AND COMMON USE AREA

Within one hundred and eighty (180) days of the date of this Agreement, Pulte shall make the modifications to the public and common use areas of the Developments as set forth in Appendix D. The parties agree that no additional modifications of the public and common use areas at the Developments shall be required under this Agreement.

  1. CONSTRUCTION OF REMAINING COVERED UNITS

    Some covered units in the Developments were planned but not yet built out when the United States notified Pulte of its concerns. Thereafter, as part of an ongoing corrective process, Pulte has constructed and agrees to continue to construct all such units in compliance with the Act and Guidelines. Those units are as follows: 22-covered units at Gulf Harbor, 92-covered units at Pelican Marsh, 13-covered units at Ventura Country Club, 12-covered units at Cedar Lakes, 2-covered units at Sycamore at Van Dorn, and 7-covered units at Sierra Ridge.

  1. CONSTRUCTION OF REPLACEMENT UNITS

    The parties share the goal of providing individuals with mobility impairments access to newly constructed housing. To provide additional options for individuals with disabilities, Pulte shall construct at least one hundred (100) "replacement units" whose features of accessible design comply with the Act and the Guidelines. The replacement units will be single-family, detached dwellings -- residences that would not otherwise be required to include the accessibility standards required by the Act. These replacement units shall be completed no later than three (3) years after the date of this Agreement.

  1. COMPLIANCE PROGRAM FOR
    FUTURE DESIGN AND CONSTRUCTION

  1. Compliance Program. Within sixty (60) days of the date of this Agreement, Pulte will establish and implement a compliance program designed to ensure that all future-covered units are designed and constructed by it in compliance with the Act and the Guidelines.

  2. Design. The compliance program shall include architectural review of any plans that include covered units for compliance with the Act and the Guidelines. In connection with each such review, the reviewing architect shall prepare a statement certifying that the architect has reviewed the plans and that they include design specifications that comply with the requirements of the Act and the Guidelines. Such statement shall be prepared no later than the date upon which the first building permit is issued for any development.

  3. Construction. The compliance program shall require Pulte to ensure that covered units and the common areas are constructed in compliance with the Act and the Guidelines. In connection with such requirements, no later than the date that the models that are open for inspection by the public, Pulte shall prepare a statement certifying, that such models have been constructed in compliance with the requirements of the Act and the Guidelines. Upon completion of construction of all public and common use areas in any development in which there are covered dwelling units, Pulte shall prepare a statement certifying that the public use and common areas have been constructed in compliance with the requirements of the Act and the Guidelines.

  1. COMPENSATION OF AGGRIEVED PERSONS

  1. Definition of "Aggrieved Person." For purposes of this Agreement, an "Aggrieved Person" is:

    1. Prospective purchasers. Any person who (a) inquired about purchasing a unit at one of the Developments prior to April 1, 1997, (b) was willing and able to purchase a unit at one of the subject Developments, and (c) was discouraged or precluded from doing so because of the alleged noncompliance of the units or common use areas with the standards of the Act and the Guidelines; or

    2. Owners. Any current or former owner of a "covered unit," who at his or her own expense, modified his or her unit so that the unit would comply with the Act or Guidelines or who otherwise suffered injury be the alleged noncompliance of the unit or common areas with the standards of the Act and the Guidelines.

    3. Caveat. In determining whether a person is an "aggrieved person" under this Agreement (see paragraph E, infra), the United States will consider whether the prospective purchaser or owner, any person intending to reside or actually residing in the dwelling after it was sold to the purchaser, or any person closely associated with the purchaser or owner had a disability (or "handicap") within the meaning of 42 U.S.C. § 3602(h).

  2. Notification. No later than 45 days after the date of this Agreement, Pulte shall send by certified mail, return receipt requested, the notice set forth in Appendix E (i) to all persons its records indicate inquired about or applied to purchase a covered unit at the Developments and (ii) to current occupant(s) of each covered unit at the Developments.

  3. Access to Records. Upon reasonable notice, Pulte shall produce or permit representatives of the United States to review any records relating to the Developments in the possession or control of Pulte, its employees, agents, or representatives that are reasonable necessary to identify persons who may be entitled to relief under this Agreement.

  4. Period for Filing Claim. Persons who believe themselves to be Aggrieved Persons shall have 60 days after the date of the notice provided for in paragraph (B) was mail to them to contact the United States in writing.

  5. Time for Resolution of Claims. Within 180 days of the date of the receipt of a timely claim, the United States shall evaluate whether or not the claimants who have timely contacted the United States as set for in the paragraph (D) are Aggrieved Persons as defined by paragraph (A).

  6. Notification to Pulte. The United States shall notify Pulte in writing of its determination pursuant to paragraph (E) and shall specify the basis for such determinations. Along with this notification, for each person the United States determines to be an Aggrieved Person, the United States shall also provide Pulte with (i) a duly executed release, in the form set forth in Appendix F for each such person and (ii) a declaration by each such person under the penalty of perjury attesting to the facts underlying his or her claim.

  7. Compensation for Aggrieved Persons. Pulte will provide compensation to any Aggrieved Person subject to the following:

    1. The total amount to be paid by Pulte to each Aggrieved Person defined in subparagraph (A)(1) of this Section shall be seven thousand, five hundred dollars ($7,500.00);

    2. The total amount to be paid by Pulte to each Aggrieved Person defined in subparagraph (A)(2) of this Section shall be two thousand and five hundred dollars ($2,500.00) plus an amount not to exceed the actual reasonable cost incurred by such person in performing the modifications noted in that subparagraph; and

    3. No Aggrieved Person shall be paid any amount pursuant to this paragraph until Pulte has received the release and declaration provided for under paragraph (F) of this Section. No later than 30 days after receiving a written notification provided for in paragraph (F), Pulte shall deliver a check payable to the Aggrieved Person as directed in the notification and provide documentation of the same to the United States.

  1. EDUCATIONAL PROGRAM

    No later than forty-five (45) days after the date of this Agreement, Pulte shall provide to each of its employees involved in the design, construction, or sale of multi-family dwellings covered by the Act: (1) notice of the existence of this Agreement and Pulte's obligations thereunder, and (2) instruction on the requirements of the Act, with a particular emphasis on the Act's design and construction requirements, as they relate to the particular job responsibilities of the employee. Any new such employees retained by, or assigned such functions by, Pulte during the term of this Agreement must comply with the above requirements no later than ninety (90) days after assuming such responsibilities.

  1. NOTICE TO THE PUBLIC OF PULTE'S
    NONDISCRIMINATION POLICY

No later than thirty (30) days after the date of this Agreement, Pulte shall post and prominently display in the sales offices of all covered, multi-family housing owned or operated by it, two signs no smaller than ten by fourteen inches. The first sign shall state that all dwellings are available for sale or rental on a nondiscriminatory basis. A poster that comports with the provisions of former 24 C.F.R. Part 110 (attached as Appendix G-1) will satisfy this requirement. The second sign (see Appendix G-2) shall state that all units subject to the design requirements of the Act include the features of accessible design required to make the units usable by persons who use wheelchairs.

In addition, no later than thirty (30) days after the date of this Agreement, Pulte shall place a statement in all advertising in newspapers, and on pamphlets, brochures, Internet web site, and other promotional literature regarding any covered, multifamily dwellings designed or constructed by Pulte indicating that the dwelling units provide the accessibility features for persons with disabilities as required by the Federal Fair Housing Act.

  1. SPONSORSHIP OF NATIONAL SEMINARS AS TO THE
    DESIGN AND CONSTRUCTION REQUIREMENTS
    OF THE FAIR HOUSING ACT

  1. Sponsorship of Seminars. Pulte shall promote and sponsor five (5) seminars in five geographically distinct market areas in which it conducts business on issues relating to the implementation of the design and construction requirements of Section 804(f)(3)C) of the Fair Housing Act, 42 U.S.C. §3604(f)(3)(C). The first seminar shall be conducted no later than six (6) months after the date of this Agreement. The remaining seminars shall be conducted within thirty (30) months of the date of this Agreement.

  2. Convener. The National Association of Home Builders and/or the Center for Universal Design, Raleigh, North Carolina, and/or such other group as the parties may agree upon, shall develop, advertise, organize and plan the seminars in consultation with the United States and Pulte.

  3. Content. The seminars shall be structured primarily to educate persons involved in the design and construction of covered multi-family housing but shall also be open to representatives of fair housing and disability rights organizations. At a minimum, the seminars shall cover the following topics: (1) the legal framework of the Fair Housing Act and the Fair Housing Act Accessibility Guidelines; (2) a comprehensive review of the design and construction requirements of the Act and the Guidelines; (3) the design requirements for a sales or rental office; (4) marketing housing that complies with the Fair Housing Act; and (5) practical issues in implementing the Act and the Guidelines.

  4. Size. Each seminar shall be designed to serve approximately one hundred (100) participants.

  5. Length. Each seminar shall include a minimum of 5 ½ hours of instruction.

  6. Assumption of Costs. Pulte shall assume all costs reasonable necessary to conduct the seminars required under this Section subject, however, to an overall limit of Fifty Thousand Dollars ($50,000). Pulte shall not be required to defray any costs and expenses of persons attending the seminars.

  1. REPORTING REQUIREMENTS; RECORD RETENTION

  1. Initial Report. No later than ninety (90) days after the date of this Agreement, Pulte shall submit to counsel for the United States:

    1. A report containing a list of the names and addresses of those individuals to whom the notice required under Section (X.B) has been sent. Such notice shall include the identity of the pertinent Development, the date the notice was sent, and the date the return receipt was received by Pulte.

    2. A list of the names and addresses of the owners to whom the initial notice required under Section V.B has been sent. Such list shall include the identity of the pertinent Development, the date the notification was sent, and the date the return receipt was received by Pulte.

    3. A summary of the actions taken to comply with the Educational Program required under Section XI.

    4. A summary of the actions it has taken to modify common and public use areas as required by Section VI.

  2. Subsequent Reports.

    1. Within thirty (30) days of mailing the annual notices required under Section V.B, Pulte shall submit to counsel for the United States a list of the units to which such annual notice has been sent. Such list shall include the pertinent Development, the date notification was sent, and the date the return receipt was received by Pulte.

    2. Annually until the provisions of Section VIII have been met, Pulte shall provide counsel for the United States with a progress report on the construction provisions of the Act.

  3. Reporting of Complaints. Pulte shall advise counsel for the United States in writing no later than 15 days after the receipt of any written complaint against it or its employees alleging any failure to comply with the design and construction provisions of the Act.

  4. Preservation of Records and Right of Inspection. For the term of this Agreement, Pulte will preserve all records related to compliance with this Agreement, for all properties containing covered units that are designed, constructed, owned, operated, or acquired by it. Upon reasonable notice to Pulte, representatives of the United States shall be permitted to inspect and copy any such records at any and all reasonable times; provided, however, that the United States shall endeavor to minimize any inconvenience to the Pulte from such inspections.

  1. ENFORCEMENT

  1. Duration of Agreement. Except as otherwise specifically provided for herein, the undertakings imposed pursuant to this Agreement shall terminate three (3) years after the date of this Agreement.

  2. Modification and Enforcement of Agreement.

    1. This Agreement may be modified at any time by written agreement of the parties. Any and all such written modifications shall be considered to be part of this Agreement.

    2. Upon any failure by Pulte, whether willful or otherwise, to perform ina timely manner any act required by the Agreement, or in the event of any other material act by Pulte violating any provision of this Agreement, the United States may initiate an action to seek to enforce this Agreement in any appropriate federal district court. Pulte agrees that it will not object to the jurisdiction of the court to hear such action. In any such action, the United States may petition the court to impose any remedy authorized by law or equity, including but not limited to an order requiring performance of an act, deeming an act to have been performed, authorizing an extension of the duration of this Agreement, or awarding any damages, costs, and/or attorneys' fees which may be occasioned by the violation of this Agreement.

    3. notwithstanding the foregoing, the parties shall endeavor in good faith to resolve informally any differences regarding interpretation of, or compliance with this Agreement, prior to petitioning a court for a judicial resolution of any such differences.

  3. Effect of Agreement in Future Actions. By consenting to the entry of this Agreement, the parties agree that in the event it is judicially determined in any future action or proceeding brought by the United States or any agency thereof that Pulte has violated Section 804(f)(3)(C) of the Fair Housing Act, 42 U.S.C. §3604(f)(3)(C), at any residential development for which the first building permit was issued subsequent to the date of this Agreement, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. §3614(d)(1)(C)(ii).

  1. MISCELLANEOUS

  1. Disclosure of Agreement. This Agreement is a public document. A copy of this document or any information contained herein may be made available to any person.

  2. Costs. Each party to this litigation will bear its own costs and attorneys' fees associated with this matter.

It is so agreed and stipulated by the parties as evidenced by the signatures of respective counsel below.

FOR THE UNITED STATES:

Bill Lann Lee
Acting Assistant Attorney General

Joan A. Magagna
Acting Section Chief

Brian F. Heffernan
Deputy Chief

Louis M. Stewart
Myron S. Lehtman
Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035
(202) 5616-7779

Date: ______7/21/98_____

FOR PULTE HOME CORPORATION:

Thomas J. Noto

Philip L. Schulman
Attorneys
Kirkpatrick & Lockhart LLP
1800 Massachusetts Avenue, N.W.
2nd Floor
Washington, D.C. 20036-1800
(202)778-9114

DATE: ______7/17/98______


SCHEDULE OF APPENDICES

Appendix A - Notice Concerning Retrofit
Appendix B - Conditions Subject To Retrofit
Appendix C - Form Of Release
Appendix D - Modifications To Common Areas
Appendix E - Notice To Prospective Purchases And Occupants
Appendix F - Forms of Release
Appendix G - Notices


APPENDIX A

NOTICE CONCERNING RETROFIT

     Re:   Unit #

Dear Sir or Madam:

On July __, 1998, Pulte Home Corporation entered into an agreement ("Agreement") with the U.S. Department of Justice to resolve allegations that certain common areas and dwelling units in the [name of development] community did not incorporate features of accessible design required by the federal Fair Housing Act ("Act") and the Fair Housing Act Handicapped Accessibility Guidelines (the "Guidelines") prepared by the U.S. Department of Housing and Urban Development. As part of the Agreement, Pulte agreed to make certain modifications to the unit listed above if requested by the owner(s).

The modifications are detailed on the attachment to this letter and are intended to make the unit more accessible to persons with disabilities, especially those using wheelchairs. The modifications do not impact the habitability or structural integrity of the unit to Pulte's obligations under its warranty. Pulte will make these modifications at no cost to the owner.

This offer is open until July __, 2001. If you wish to take advantage of this offer, please execute the enclosed Request Form and mail it to us at [address]. Please also include your telephone number. We will contact you to schedule an appointment to explain the modifications in detail.

You may select any or all of the modifications. Because these modifications are being made pursuant to the Agreement, Pulte cannot offer any substitutions. No modification will be undertaken until Pulte has received the attached release fully executed by all legal owners of the unit whose signature must be notarized. The modifications will be made within 120 days after you provide Pulte with the fully executed release.


APPENDIX B

CONDITIONS SUBJECT TO RETROFIT

  1. Sierra Ridge - Aztec Unit
    1. Modify doorways or hinges, where required, to provide for 32" clear opening.
    2. Reinforce bathroom walls, if necessary, to permit grab bar installation.
    3. Reduce cabinet and countertop size to increase clearance between counters in kitchen to at least 40".
    4. Reduce pantry size to increase clearance in front of refrigerator to at least 40".
    5. Install removable front cabinets at kitchen sink.
    6. Change swing of door in bathroom to increase clear space at tub.
    7. Replace thresholds.

  2. Cedar Lakes
    1. Princeton Unit
      1. Pour 2" slab over existing patio slabs.
      2. Replace threshold in bathrooms.
      3. Reduce cabinet and countertop size to increase clearance between counters in kitchen to at least 40".
      4. Modify doorways or hinges, where required, to provide for 32" clear opening.
      5. Install new lavatory with offset bowl.
    2. Radcliff Model
      1. Install removable front cabinets at kitchen sink.

  3. Sycamores at Van Dorn - Easton and Freemont Models
    1. Lowers thermostats to 48"
    2. Pour 2" slab over existing patio slabs.
    3. Move water closet forward to provide necessary clear space.
    4. Install removable front cabinets at kitchen sink.

  4. Gulf Harbor
    1. Install hinges, where required, to provide for 32" clear openings.
    2. Reduce size of kitchen counter to increase kitchen passageway size.
    3. Lowers thermostats to 48".
    4. Reinforce bathroom walls, if necessary, to permit grab bar installation.
    5. Move kitchen sink and reduce counter size to provide required clear space.
    6. Replace combination lav/vanity with wall hung lav and relocate fixtures as necessary to provide wheelchair access.

  5. Pelican March Same changes as Gulf Harbor.

  6. Ventura Country Club
    1. Install lever door hardware, on Entry door. [Units A-1, B-1, B-2]
    2. Lower thermostats to 48" max. height above finish floor. [Units A-1, B-1, B-2]
    3. Swing Master bath door out instead of in. Reposition vanity sink 2'-0" from adjacent wall to center of sink. [Units A-1, B-2]
    4. Remove closet wall for washer/dyer in kitchen. [Units A-1, B-1]
    5. Increase size of utility room door. [Units B-2]

Note: In making modifications, Pulte will use reasonable efforts to match existing paint and floor coverings, but cannot guarantee exact color and texture matches.


APPENDIX C
FORM OF RELEASE (MODIFICATIONS)

The parties to this Release are Pulte Home Corporation ("Pulte") and ________________ ("Homeowner")

  1. Pulte is the developer of the _______________ community located in _________________ (the "Community").

  2. Certain units in the Community are covered by the Fair Housing Act Handicapped Accessibility Guidelines (the "Guidelines").

  3. Homeowner is the sole owner of a covered unit in the Community (the "unit").

  4. Pulte is offering to make certain modifications to the Unit to conform to the Guidelines.

  5. A copy of the modifications which Pulte is willing to make to the Unit are attached as Exhibit "A" (the "Modifications").

  6. Homeowner has voluntarily agreed to allow Pulte access to the Unit to make the Modifications in return for executing this release.

AGREEMENT

The Modifications will be performed at Pulte's sole expense.

Homeowner agrees to allow Pulte access to the Unit during reasonable business hours to complete the Modifications within 120 days of the date of this Release.

In consideration of Pulte's agreement to make the Modifications, Homeowner, and all other residents of the Unit, along with their dependents, heirs, representatives, insurers, assigns and all other related persons or entities hereby release and forever discharge Pulte, its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, representatives, insurers, successors, and assigns, and all other related persons and entities from all claims, demands, debts and liabilities whatsoever, known or unknown, foreseen or unforeseen, existing as of the date of this Release, arising out of or in any way related to alleged violation of the Fair Housing Act by Pulte.

This Release constitutes the entire agreement between the parties with regard to this matter. No changes or modifications to the Release shall be binding unless agreed to by all parties in writing.

_______________________(Homeowner)

Telephone: ___________________


APPENDIX D
MODIFICATIONS TO COMMON AREAS
SIERRA RIDGE

ALLEGATION LOCATION
Path < 36" @ 34". Angled portion of path near the entrance door. The driveway was not poured. Therefore, unable to determine if there is a slop or cross slope problem. We surveyed only one entrance.


CEDAR LAKES

ALLEGATION LOCATION
Portions of path are sloped > 8.33% @ 9.7% and are not constructed as a ramp.  
Path is sloped more than 5% @ 7.8% at the mailboxes.  
Path is sloped between 5% and 8.33 % @ 7.5% and is not constructed as a ramp. Sales Office.
Portions of path are sloped > 8.33% @ 14% and are not constructed as a ramp. Path to the recycling bins. Also, photo 36.
Path crossed sloped > 2% @ 5.6%. Path to several units.
Path cross sloped > 2% @ 4%. path to several units.
Light fixtures protrude from the wall 6" and is 58.5" above the floor. These fixtures are located outside main entrances to dwelling units.
Portions of curb ramps are excessively sloped. Path to several units.


SYCAMORES AT VAN DORN

ALLEGATION LOCATION
Depth of maneuvering space is insufficient in front of door on accessible route side by 25". This occurs at least 5 places. Stairs project into the maneuvering space.
Path is sloped between 5% and 8.33% @ 6.6% and is not constructed as a ramp. Path is long and slope varies but average about 6.6^. Also, photo 4.
Portions of path are sloped > 8.33% @ 9.4% and are not constructed as a ramp. Several locations.
Path crossed sloped > 2% @ 3.5%. Average cross-slope.
Portions of path cross sloped > 2% @ 9%. A thet curve in the pathway.
There is a vertical rise > .25" @ .5% that is not vevelled or ramped. At each joint between asphalt and concrete walks.
Portions of path are sloped > 8.33% @ 10.6% and 11.7% and are not constructed as a ramp. Path to several units.
Portions of path cross sloped > 2% 4.1% Path to several units.
Slope parking access aisle > 5% @ 5.6%.  
Parking sign is not mounted high enough to be seen over parked vehicles @ 73".  
Light fixtures protrude from wall 6" and is 74" above the floor. Occurs in at least 7 locations.
The underside of the stairs protrude into the path 66" above the floor. Occurs in at least 5 locations. Handrail pickets are too far apart to provide adequate warnings.
Portions of curb ramps are excessively sloped. Path to several units.


PELICAN MARSH

ALLEGATION LOCATION
Shower controls are mounted above 54" @ 68.5% At pool.
Curb ramp is excessively sloped > 8.33% @ 22% just before gutter. Occurs each time path crosses a curb.
Slope of gutter is > 5% @ 20% Occurs each time path crosses a curb.
Latching mechanism is mounted above 48" @ 60" and is required for entry. Entrance gate to the pool.
Latching mechanism is mounted above 48" @ 60" and is required for entry. Entrance to screened area near Pool.
Operating mechanism requires tight twisting or grasping.  
Fixed Counter is > 34" high @ 36. Sink and counter area at pool.
Path < 32" @ 30.5" and is < 24" deep. Path from parking to pool.
Portions of path cross sloped > 2% @ 5%.  
Portions of path are sloped between 5% and 8.33% @ 7.8% and is not constructed as a ramp. Path to mailbox.
Portions of path cross sloped > 2% @ 5%. This occurs in clear space at mailbox.
Portions of path cross sloped > 2% @ 3%. From driveway to dwelling units.
Fire extinguisher protrudes from wall 5.5" and is 39" above the floor. At pool.
Emergency kit protrudes from wall 5" and is 51.5" above floor. At pool.
Sanitary napkin dispenser protrudes from the wall 6. 75" and is 47" above the floor. Women's toilet.
Shower head overhangs path below 80" @ 73%. At pool.
Side grab bar is < 42" long @ 36". men's toilet at pool.
A rear grab bar is required and it is not provided.  
Water closet > 18" from wall @ 19.5.  
Side grab bar is < 42" long @ 36". Women's toilet at pool.
A read grab bar is required and is not provided.  


GULF HARBOR
ALLEGATION LOCATION
Shower controls are mounted above 54" @ 57". At pool.
Curb ramp is excessively sloped > 8.33% @ 19% just before gutter. All curbs on the accessible route.
Slope of gutter is > 5% @ 12%  
Threshold that is not an exterior residential sliding glass door is > .5% @ .625"  
Threshold that is not an exterior residential sliding glass door is > @ .625.  
Fixed counter is > 34" high @ 36". Faucet controls require tight grasping or twisting. Sink and counter at screened pation at pool.
Path is sloped between 5% and 8.33% @ 6.1% and is not constructed as a ramp. Path to mailboxes
Portions of path cross sloped > 2% @ 3.3% In the clear space of the mailboxes.
There is a vertical rise > .25" @ 1.75" that is not bevelled or ramped.  
Path is sloped between 5% and 8.33% @ 5.5% and is not constructed as a ramp. Also, there is no landings at the turn. Path to pool.
Path is sloped between 5% and 8.33% @ 7.4% and is not constructed as a ramp. Path from parking to pool.
Fire extinguisher protrudes from the wall 5.5" and is 45" above the floor. At pool.
Side grab bar is < 42" long @ 24".  
Rear grab bar is < 36" long @ 24".  
Toilet paper dispenser is located > 36" from back wall @ 48"  
Coat hook is mounted too high @ 36" from back wall @ 48".  
Side grab bar is < 42" long @ 24".  
Rear grab bar is < 36" long @ 24".  
Toilet paper dispenser is < 19" @ 18".  
Toilet paper dispenser is located > 36" from back wall @ 48"  
Paper towel dispenser mounted too high @ 54" where it should be @ 48". Men's toilet.
Coat hook is mounted too high @ 68" where it should be @ 54". Women's toilet.


1. The United States first informed Pulte of alleged deficiencies in the design and construction of the developments in November, 1996. Thereafter, Pulte, in consultation with the United States, revised its plans for the covered units to bring them into compliance with the Act.

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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