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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA,
BILLINGS DIVISION

UNITED STATES OF AMERICA,

          Plaintiff,
                                                                                                     CV 02-79-BLG-RWA
and

GAYLENE MARTINEZ, individually and on
behalf of GEORGE AVALOS,

           Intervening Plaintiffs,
                                                                                                     CONSENT DECREE
      vs.

TAMARACK PROPERTY MANAGEMENT
CO.; ED JONES; LINDA JONES; KATHY
KINGMAN, FORSYTH DEVELOPMENT
FOUNDATION, INC.; WANEETA FARRIS;
and THE CITY OF FORSYTH, MONTANA.

           Defendants.

I. INTRODUCTION

  1. On June 5, 2002, the United States filed this action on behalf of Gaylene Martinez and George Avalos against Tamarack Property Management Co., Ed Jones, Linda Jones, Kathy Kingman, and Forsyth Development Foundation, Inc.

  2. On August 23, 2002, Gaylene Martinez intervened in this action individually, and on behalf of George Avalos. The intervening plaintiffs added Waneeta Farris and the City of Forsyth, Montana as defendants.

  3. Defendant Tamarack Property Management Co. ("Tamarack") is a corporation organized under Montana law, and it maintains its principle place of business in Billings, Montana. At all times relevant herein, Tamarack, by contract with Defendant Forsyth Development Foundation, Inc., provided property management services for Riverview Villa, a fifty (50) unit retirement community located on Rosebud Street in Rosebud County, Montana.

  4. Defendant Kathy Kingman was the Area Property Manager for Tamarack from before November 1997, through January 1999.

  5. Defendant Linda Jones was the Resident Manager for Riverview Villa from before November 1997, until after February 1999.

  6. Defendant Ed Jones was the Maintenance Supervisor for Riverview Villa from before November 1997, until after February 1999.

  7. Defendant Forsyth Development Foundation, Inc.( "FDF") is organized under Montana law as a nonprofit entity. FDF maintains its principle place of business in Forsyth, Montana. In or around May 1996, FDF entered into a twenty-five (25) year lease with the City of Forsyth, Montana, the owner of Riverview Villa, for the purpose of providing housing to area residents, age fifty-five (55) and older, at Riverview Villa.

  8. Gaylene Martinez and George Avalos resided at #10 Scoby Drive in Riverview Villa from on or about December 1, 1997 through on or about February 28, 1999.

  9. Subsequent to the filing of the Complaint in this matter, George Avalos died. His estate will be substituted as a party in this action. The Release attached hereto as Attachment G must be signed by the Personal Representative of his estate and approved by the probate Court before any settlement monies are to be paid to the Intervening Plaintiffs and their attorney.

II. THE UNITED STATES' ALLEGATIONS

The United States alleged in its Complaint that George Avalos has polymyalgia rheumatica, hydrocephalus and pulmonary fibrosis. These conditions require him to use a wheelchair and severely restrict his ability to care for himself. Mr. Avalos is a handicapped person within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(h). The United States alleged that Defendants violated the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. in two ways. First, the United States alleged Defendants violated the Fair Housing Act by refusing to permit, at the expense of Mr. Avalos, reasonable modification of his dwelling at Riverview Villa when such reasonable modification was necessary to afford Mr. Avalos full enjoyment of the premises, in violation of 42 U.S.C. § 3604(f)(3)(A). Specifically, the United States alleged Defendants refused to permit Mr. Avalos to install a permanent wheelchair ramp at his dwelling. Second, the United States alleged Defendants violated the Fair Housing Act by refusing to make reasonable accommodations in Riverview Villa's rules, polices, practices, or services when such reasonable accommodation was necessary to afford Mr. Avalos equal opportunity to use and enjoy his dwelling, in violation of 42 U.S.C. § 3604(f)(3)(B). Specifically, the United States alleged Defendants refused to allow Mr. Avalos to install a portable hot tub in his dwelling, a hot tub he needed to alleviate significant pain associated with his disability.

III. NO ADMISSION OF LIABILITY

The parties agree that, in the interest of conserving time and expense, this matter should be resolved without further litigation. The parties acknowledge the resolution of this matter is not to be construed as an admission of liability by Defendants, and that Defendants have at all times denied and continue to deny the allegations of the Complaint. Therefore the parties have agreed to the terms of this Consent Decree ("Decree") and its entry by the Court as indicated by the signatures appearing below. The parties further agree that this Consent Decree is not intended and cannot be construed as an adjudication or judgment in favor of any party or against any party. The parties further agree that this Consent Decree shall not be construed or interpreted as to award Plaintiffs their attorney's fees or declare Plaintiffs as the prevailing party.

THEREFORE, it is hereby ORDERED, ADJUDGED and DECREED that:

IV. SCOPE AND TERM OF DECREE

  1. The provisions of this Decree shall apply to Defendants, except the City of Forsyth and Waneeta Farris, their employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with them.

  2. This Decree is effective immediately upon its entry by the Court and shall be effective for a period of three (3) years and three (3) months thereafter.

  3. For purposes of this Decree, the phrase "date of this Decree" shall refer to the date on which the Court enters this document as its own DECREE.

  4. The Court shall retain jurisdiction of the action and over all Defendants for the term of this Decree.

V. AFFIRMATIVE RELIEF

A. Conditions

  1. Defendants Tamarack and FDF at Riverview Villa, their employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with them at Riverview Villa shall for a period of three (3) years and three (3) months:

    1. Permit, at the expense of the handicapped person, reasonable modifications of any rental premises if such reasonable modifications may be necessary to afford such person full enjoyment of the premises. The landlord may where it is reasonable to do so, condition permission for a reasonable modification on the renter agreeing to return the premises to the condition that existed before the reasonable modification, reasonable wear and tear excepted, consistent with 42 U.S.C. § 3604(f);

    2. Make reasonable accommodations in rules, policies, practices, or services, when such reasonable accommodations may be necessary to afford a person with a handicap an equal opportunity to use and enjoy a dwelling; and

    3. Not take any action on the basis of handicap or for retaliation in violation of the Fair Housing Act, as amended 42 U.S.C. §§ 3601 et seq.

B. Policies

  1. Within sixty (60) days after the date of this Decree, Defendants Tamarack and FDF shall adopt and implement specific, uniform, and objective written standards and procedures for receiving and handling requests made by people with disabilities for reasonable modifications and reasonable accommodations at Riverview Villa. These standards shall comply with the requirements of 42 U.S.C. §§ 3601 et seq., and include the following provisions:

    1. Defendants Tamarack and/or FDF shall inform all tenants upon the execution of a valid lease that they may make reasonable modifications to their apartment at their own expense to make it more accessible, and that they may request reasonable accommodations in Riverview Villa's rules, policies and practices. Prior to lease execution if a prospective tenant inquires about reasonable accommodations and/or reasonable modifications, Defendants Tamarack and/or FDF will inform them of their ability to seek reasonable accommodations and/or reasonable modifications.

    2. Defendants Tamarack and/or FDF shall follow and use the following forms, and amend their Resident Handbook to include the same forms: Request for Reasonable Accommodation and/or Reasonable Modification ("Request Form") (Attachment A); and Approval or Denial of Reasonable Accommodation and/or Reasonable Modification Request Form ("Approval Form")(Attachment B) . Oral requests for Reasonable Accommodations and/or Reasonable Modifications will be recorded by the Resident Manager using the form in Attachment A-1.

      The parties acknowledge that in some situations verification by a health care provider of a person's disability is not necessary in evaluating a requested reasonable accommodation and/or reasonable modification because the person's disability is obvious or readily apparent to the Defendants Tamarack and FDF, and the need for the requested reasonable accommodation or reasonable modification is also readily apparent or known. However, if (1) the requester's disability is not obvious or readily apparent to the Defendants Tamarack and FDF, or (2) the requester's disability is obvious or readily apparent to the Defendants Tamarack and FDF but the need for the reasonable accommodation is not readily apparent or known to the Defendants Tamarack and FDF, then the Defendants Tamarack and FDF may request only the information that is necessary to evaluate the disability-related need for the reasonable accommodation or reasonable modification. Defendants Tamarack and FDF will for that purpose use Attachment C. Any information provided must be kept confidential and must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation or reasonable modification, and the Requester authorizes such disclosures.

    3. Defendants Tamarack and/or FDF will place the Reasonable Accommodation and/or Reasonable Modification for Handicapped and/or Disabled Persons Policy attached hereto as Attachment D in the Riverview Villa Handbook.

    4. Defendants Tamarack and/or FDF shall keep written records of each request for reasonable accommodation and/or reasonable modification it receives during the duration of this Consent Decree. These records shall include: (a) the name, address, and telephone number of the person making the request; (b) the date on which the request was received; (c) the nature of the request; (d) whether the request was granted or denied, and (e) if the request was denied, the reason(s) for the denial; and

    5. Defendants Tamarack and/or FDF shall post the Handbook's Reasonable Accommodation and/or Reasonable Modification Policy by which a tenant may request a reasonable accommodation or reasonable modification in the leasing office at Riverview Villa, in a conspicuous location, easily viewable to tenants and prospective tenants.

  2. If Defendants Tamarack and/or FDF propose to change these standards and procedures, they shall first notify the United States and provide the United States with a copy of the proposed changes. If the United States does not deliver written objections to Defendants Tamarack and/or FDF within sixty (60) days of receiving the proposed changes, the changes may be effected. If the United States makes any objections to the proposed changes within such sixty (60) day period, the specific changes to which the United States objects shall not be effected until the objections are resolved.

C. Notice to Employees

  1. Within ten (10) days after the date of this Decree, Defendants Tamarack and FDF shall appraise each of their employees, agents, or any other persons who have responsibility for the management and/or maintenance of dwellings at Riverview Villa of such persons' obligations under this Consent Decree and under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. Defendants Tamarack and FDF shall furnish each such employee, agent, or other person covered by this paragraph with a copy of this Consent Decree. Each employee, agent, or other person covered by this paragraph shall sign a statement in the form of Attachment E acknowledging that he or she has received, read, and understood a copy of this Consent Decree, and declaring that he or she will perform his or her duties in accordance with this Consent Decree and the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.

  2. New employees or new agents, who have responsibility for the management and/or maintenance of dwellings at Riverview Villa shall (a) be appraised of the contents of this Consent Decree and of their obligations under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., when their employment commences, (b) be provided a copy of this Consent Decree, and (c) execute the statement appended hereto as Attachment E no later than five (5) days following their first day of employment.

D. Notice to Tenants

  1. Within ten (10) days of the date of this Decree, Defendants Tamarack and FDF shall mail current tenants notice of Defendants Tamarack and FDF's non-discriminatory policies. This notice shall be in the form of Attachment F.

  2. For the duration of this Consent Decree, Defendants Tamarack and FDF shall keep a copy of this Consent Decree in the leasing office at Riverview Villa for interested individuals to review.

E. Training

  1. Within ninety (90) days after the date of this Decree, one FDF board member and any agents or employees of Tamarack who have responsibility for the management or maintenance of dwellings at Riverview Villa shall attend a four (4) hour educational training program concerning the substantive provisions of federal, state and local fair housing laws, regulations or ordinances, and their responsibilities under such laws. This training shall be conducted by Montana Fair Housing, which is a non-profit organization whose mission includes the prevention of housing discrimination. All persons attending such a program shall have their attendance certified in writing by the person conducting the program.

  2. During the period in which this Decree is in effect, each new employee or agent of Tamarack who has responsibility for the management and/or maintenance of the dwellings at Riverview Villa shall attend, after their hiring, the next practicable training session being conducted in the normal course of its business by Montana Fair Housing in Billings, Montana.

  3. Reasonable costs and expenses related to the training requirements of this Consent Decree shall be the sole responsibility of the Defendants.

VI. REPORTING REQUIREMENTS

  1. Defendants Tamarack and FDF shall, no later than ninety (90) days after the date of entry of this Consent Decree, serve upon counsel for the United States a written report explaining their efforts to comply with this Consent Decree. (1) This report shall consist of the following:

    1. Copies of the statements signed by any and all employees pursuant to Section V(C) of this Consent Decree;

    2. A copy of the notice sent to current tenants pursuant to Section V(D) of this Consent Decree; and

    3. Copies of certification of attendance for fair housing educational programs pursuant to Section V(E) of this Consent Decree.

  2. Six (6) months after the date of entry of this Consent Decree, and every six (6) months thereafter for three (3) years, Defendants Tamarack and FDF shall serve on counsel for the United States a written report explaining their efforts to comply with this Consent Decree. In each report required under this paragraph, Defendants Tamarack and FDF shall:

    1. Provide copies of statements signed by any new employees pursuant to Section V(C) of this Consent Decree;

    2. Provide copies of certification of attendance for fair housing educational programs for any new employees pursuant to Section V(E) of this Consent Decree;

    3. Notify counsel for the United States of any request it has received for reasonable accommodation and/or reasonable modification. Such notification shall include information contained in Section V(B)(1)(c);

    4. Notify counsel for the United States of any written complaint that involves housing discrimination on the basis of disability with respect to rental units at Riverview Villa which has come to the attention of Defendants Tamarack or FDF, or any of their employees, agents or other representatives in the preceding six-month period. Defendants Tamarack and FDF shall include a copy of the complaint and any records of the complaint in the report; and

    5. Notify counsel for the United States of any change in the ownership or management of Riverview Villa. Such notification shall include the address and the name of any new owner or manager.

VII. INSPECTION OF DOCUMENTS

For the duration of this Decree, Defendants Tamarack and FDF shall preserve all records pertaining to Defendants' obligations under this Decree. Upon reasonable notice to Defendants Tamarack and FDF's counsel, representatives of the U.S. Department of Justice shall be permitted to inspect and copy all such records at reasonable times in order to monitor Defendants Tamarack and FDF's compliance with this Decree.

VIII. MONETARY RELIEF FOR AGGRIEVED PERSONS

Within ten (10) days after the date of this Decree, Defendants shall deliver to the United States check(s) for $98,000 made payable to the order of the Timothy C. Kelly Attorney Client Trust Account. Counsel for the United States shall not forward the check(s) until the United States has received executed release of claims, attached hereto as Attachment G. The United States shall forward the executed releases to Defendants upon receiving them.

IX. GOOD FAITH COMPLIANCE

The United States and Defendants Tamarack and FDF shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. However, in the event of a failure by any of the Defendants, whether willful or otherwise, to perform in a timely manner any act required by this Decree or in the event of any other act violating any provision hereof, the United States may move this Court to impose any remedy authorized by law or equity.

X. TIME FOR PERFORMANCE, INTERPRETATIONS AND DEFINITIONS

  1. The United States and Defendants shall have the right to seek relevant reasonable modifications of the Decree to ensure that its purposes are fully satisfied. If the parties are unable to reach mutual agreement concerning a particular modification, the burden of proof concerning the propriety of modification falls on the party so moving. Any time limits for performance imposed by this Decree may be extended by mutual agreement of the parties without approval by the Court provided that such agreement is in writing.

  2. This Decree constitutes the entire agreement among the parties and supersedes and renders void all prior agreements, written or oral, among the parties. In the event any provision or term of this Decree is determined to be or is rendered invalid or unenforceable, all other provisions and terms of the Decree shall remain unaffected to the extent permitted by law.

XI. EXCLUSIVE ENFORCEABILITY

This Consent Decree shall only be enforceable by the United States and Defendants and specifically excludes Intervening Plaintiff Gaylene Martinez, individually and on behalf of George Avalos, and her attorney Tim Kelly from any role in the enforcement of this Consent Decree. This Consent Decree does not preclude Gaylene Martinez or Tim Kelly from notifying counsel for the United States that they believe the Consent Decree is not being followed but said notification will not entitle Ms. Martinez or Mr. Kelly to seek damages or attorney's fees. The Defendants have at all times denied and continue to deny liability. This document shall not be interpreted in any way as an admission of liability.

XII. DISMISSAL

Upon entry of this Consent Decree, this case shall be automatically dismissed with prejudice, except that Intervening Plaintiffs reserve the right to appeal the findings and recommendations issued by the magistrate Judge in his order dated March 5, 2003, as adopted by the District Court on April 1, 2003, as outlined in Attachment G. Upon entry of this Consent Decree, the claims of the United States against Ed Jones, Linda Jones and Kathy Kingman shall be deemed dismissed with prejudice. The Court shall retain jurisdiction of the action over Defendants Tamarack and FDF for the term of this Decree. Unless otherwise extended, this Consent Decree shall terminate three (3) years and three (3) months after entry or three (3) months after the last report is received under Section VII of the above, whichever is later. This Consent Decree may be extended upon motion for good cause, including on the basis that Defendant Tamarack and/or FDF have failed to comply with this Decree. Upon termination of the Consent Decree, the claims of the United States against Tamarack and FDF shall be deemed dismissed with prejudice.

It is so ORDERED, ADJUDGED and DECREED on this ______ day of _____________, 2003.

________________________________
RICHARD CEBULL
UNITED STATES DISTRICT JUDGE

The undersigned apply for and consent to the entry of this ORDER:

For Defendants Tamarack Property
Management Co., Ed Jones, Linda Jones
and Kathy Kingman:
For Plaintiff United States:

_____________________________
STEVEN J. LEHMAN
Crowley, Haughley, Hanson,
Toole & Dietrich, P.L.L.P.
490 North 31st Street
P.O. Box 2529
Billings, MT 59103
Tel. (406) 252-3441
Fax (406) 252-5292
_____________________________
STEVEN H. ROSENBAUM, Chief
TIMOTHY J. MORAN, Deputy Chief
ERIN MEEHAN RICHMOND, Attorney
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
950 Pennsylvania Avenue N.W.
Northwestern Building, 7th Fl.
Washington, D.C. 20530
Tel. (202) 307-0385
Fax (202) 514-1116

For Defendants Forsyth
Development Foundation, Inc.:

_____________________________
GARY RYDER
307 Rapelje Ave.
P.O. Box 72
Hysham, MT 59038
Tel. (406) 342-5546
Fax (406) 342-5622

For Intervening Plaintiffs:

_______________________________
TIMOTHY C. KELLY
P.O. Box 65
Emigrant, MT 59027
Tel.(406)333-4111
Fax (406) 333-9073


Attachment A
REQUEST FOR REASONABLE ACCOMMODATION
AND/OR REASONABLE MODIFICATION AND RELEASE

If you a member of your household, or someone associated with you has a disability, and feel that there is a need for a reasonable accommodation and/or reasonable modification for that person to fully enjoy the premises and/or to have equal opportunity to use and enjoy a dwelling unit or the public or common use area, please complete this form and the release below and return it to your Resident Manager or to Tamarack Management Co., 2929 Third Avenue North, Suite 538, Billings, MT 59101-1944. Check all items that apply and explain fully. Use the other side if you need more space. If you cannot fill out this form yourself, please contact your Resident Manager or call Tamarack Property Management Co. at TYY 1-800-253-4081 or (406) 252-3773 and we will assist you in completing this form. We will answer this request in writing within two weeks (or sooner if the situation requires an immediate response).

Name of Tenant or Applicant: ________________________      Today's Date:___________

Signature of Tenant or Applicant:_____________________________________________

1.  The person(s) who have a disability requiring a reasonable accommodation and/or reasonable modification is:

____ Me       ____ A person associated with me.

Name of person with disability: _____________________   Phone #:___________

Address:__________________________________________________________

2.  I am requesting the following change(s) so that I and persons associated with me can live here with equal opportunity to use and enjoy the premises (check all of the changes that apply):

____ A physical change in my apartment or the public or common area. I need the following change:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

____ A change in a rule, policy, or practices. I need the following change:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

3.  I need this reasonable accommodation and/or modification because:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

4.   If you request requires a modification to the physical premises, the tenant requesting the modification will be responsible for the expense of making the modification, unless otherwise indicated. The landlord may, where it is reasonable to do so, condition permission for the reasonable modification on the renter agreeing to restore the interior of the premises to the condition that existed before the reasonable modification, reasonable wear and tear excepted.

___________________________
REQUESTER

___________________________
RESIDENT MANAGER

___________________________
DATE

___________________________
DATE



ATTACHMENT A-1

Form to be completed by Resident Manager if Requester cannot or will not complete written form (Attachment A).

On __________________, the undersigned requester orally requested a reasonable accommodation and/or a reasonable modification to [describe dwelling unit]:

_______________________________________________________________

The reasonable accommodation and/or reasonable modification consisted of:

_______________________________________________________________

_______________________________________________________________

I, the undersigned, Resident Manager of ________________________________:

_____   Gave the requester the applicable forms and offered to assist in filling out the forms.

_____    Granted the request.

_____    Explained the request could not be evaluated until the following additional information is provided:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

___________________________
REQUESTER
___________________________
DATE

REQUESTER'S ADDRESS: _______________________________________________

REQUESTER'S TELEPHONE NUMBER: ___________________________________

___________________________
RESIDENT MANAGER
___________________________
DATE



Attachment B
APPROVAL OR DENIAL OF REASONABLE ACCOMMODATION AND/OR
MODIFICATION REQUEST

Dear: _____________________________:
Address: ___________________________
__________________________________
Phone: (   ) ________________________

On ____________________________ [date], you requested the following reasonable accommodation and/or reasonable modification [describe request]:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

We have (check all that apply)

___    Approved your request. The following reasonable accommodation and/or reasonable modification will be permitted [describe]:

_______________________________________________________________

_______________________________________________________________

___   Reasonable modification is expected to cost __________ and is at requester's expense.

___   Permission for this reasonable modification is conditioned on the renter agreeing to restore the premises to the condition that existed before the reasonable modification, reasonable wear and tear excepted.

___   The change is effected immediately.

___   The reasonable accommodation and/or reasonable modification will be permitted by: [date] ____________________.

___    To make the change you requested, we must have bids and then arrange installation or we must order certain equipment. We anticipate that the change will be made by [date]: _____________________________, and we will notify you if we discover that there will be a delay. If you have questions, or think that this accommodation and/or modification will not meet your needs or will take too long to provide, you may contact Tamarack Property Management Co. at 2929 Third Avenue North, Suite 538, Billings, MT 59101-1944; TYY 1-800-253-4081 or (406) 252-3773.

___   Can neither approve nor deny your request without further information [List information needed]:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

___   Denied your request. We have denied your request because [list all reasons that apply]:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

We used these facts to deny your request [list]:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

To make this decision, we spoke with the following people, reviewed the following documents, and performed the following investigation [list]:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

If you disagree with this decision or have information to provide to us, you may contact Tamarack Property Management Co. at 2929 Third Avenue North, Suite 538, Billings, MT 59101-1944; TYY 1-800-253-4081 or (406) 252-3773 to discuss this further.

Sincerely, [two signatures required for a denial of a request]

Signature:________________________________    Date____________________

Name: ___________________________________ Title:____________________

  

Signature: ________________________________   Date:_____________________

Name: ___________________________________   Title:_____________________

Request acknowledges receipt of this completed form:

Signature: _________________________________ Date:   ______________________



Attachment C

CONFIRMATION OF A PERSON'S DISABILITY

This form is to be used when a person's disability is not obvious or readily apparent or when the requester's disability is obvious or readily apparent but the need for the reasonable accommodation and/or reasonable modification is not readily apparent or known to the property management.

A disability is a physical or mental impairment that substantially limits one or more of such persons' major life activities, a record of having such impairment or being regarded as having such an impairment. A reasonable accommodation and/or reasonable modification may be necessary to allow you equal opportunity to use and enjoy the premises.

To be completed by Applicant/Resident making the request for a reasonable accommodation and/or reasonable modification.

Do you meet the definition of a disabled individual as defined above?    YES/NO (circle applicable answer)

If yes, what is your specific request for a reasonable accommodation?

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________


RELEASE: Applicant/Resident: I authorize the housing provider ___________________ to verify with the third-party listed below whether my handicap or disability is covered by the information provided in this verification form.

_____________________________________
Applicant/Resident Signature
___________________________
Date

RELEASE: Applicant/Resident: I authorize the housing provider _______________________to disclose to __________________________________ information about my disability if it is necessary in order to act on my request for a reasonable accommodation and/or reasonable modification.

_____________________________________
Applicant/Resident Signature
___________________________
Date

Attachment C- Page 2

INFORMATION BEING REQUESTED FROM HEALTH CARE PROVIDER

1.   Is the individual disabled as defined above?    YES ________ NO ___________

2.    In your professional opinion, may the individual need the reasonable accommodation and/or reasonable modification indicated in order to have an equal opportunity to use the property?   YES _________ NO____________

COMMENTS:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________


INFORMATION PROVIDED BY:

________________________________________________________
Health Care Firm / Organization / Physician

___________________________________
Printed Name of Health Care Provider

___________________________________
Signature of Health Care Provider

________________________
Phone Number

________________________
Date



Attachment D
REASONABLE ACCOMMODATION AND/OR REASONABLE MODIFICATION
POLICY FOR HANDICAPPED AND/OR DISABLED PERSONS:

If the resident or member of the household is handicapped or disabled, they may request reasonable accommodations and/or reasonable modifications. Reasonable modifications of any rental premises will be made at the expense of the handicapped or disabled person, if such reasonable modification may be necessary to afford such person full enjoyment of the premises. The landlord may where it is reasonable to do so, condition permission for a reasonable modification on the renter agreeing to restore the premises to the condition that existed before the reasonable modification, reasonable wear and tear excepted. Reasonable accommodations in rules, policies, practices or services may be made when such reasonable accommodations may be necessary to afford such handicapped or disabled person equal opportunity to use and enjoy a dwelling.

It is preferred that all reasonable accommodation and/or reasonable modification requests be submitted in writing to the Resident Manager or Tamarack Property Management Co. A request for Reasonable Accommodation and/or Reasonable Modification and Release forms are available in the office. If you have difficulty filling in the form, the Resident Manager will assist you in completing the form. Oral requests for reasonable accommodations and/or reasonable modifications will be recorded on the attached form, Attachment A-1 and processing in accordance with this policy.

All requesters shall be notified, in writing of the decisions regarding the request within fourteen (14) days of the Resident Manager's receipt of the complete written request, including completed Attachments A, B and C, if necessary. If the request is denied, an explanation for such denial shall be included in the written notification. If the request is denied, the requested resident may ask Tamarack Property Management Co.'s Section 504 Coordinator to review the request.



Attachment E
EMPLOYEE ACKNOWLEDGMENT

I have been given and I have read a copy of the Consent Decree entered in United States of America and Gaylene Martinez, individually, and on behalf of George Avalos v. Tamarack Property Management Co.; Ed Jones; Linda Jones; Kathy Kingman; Forsyth Development Foundation, Inc.; Waneeta Farris, and the City of Forsyth, Civil Action No. CV 02-79-BLG-RWA. I understand the terms of that Consent Decree.

I further understand federal law prohibits: (1) refusing to permit, at the expense of a person with a disability, reasonable modification of a dwelling when such modification may be necessary to afford the person with a disability full enjoyment of the premises. The landlord may, where it is reasonable to do so, condition permission for a reasonable modification on the renter agreeing to restore the interior of the premises to the condition that existed before the reasonable modification, reasonable wear and tear excluded and (2) refusing to make reasonable accommodations in rules, polices, practices, or services when such accommodation may be necessary to afford a person with a disability equal opportunity to use and enjoy his dwelling.

With this understanding, I agree that, as a condition of my employment or contract relationship with Tamarack Property Management Co. or Forsyth Development Foundation, Inc. with respect to the management and/or maintenance of residential housing, neither I nor any other person who serves as my agent in my capacity; shall discriminate in any manner on account of disability in carrying out my employment or contract services.

_________________________________
Signature

_________________________________
Name (Please Print)

_________________________________
Home Address

_________________________________
Home Telephone Number

_________________________________
Date

 


Attachment F
NON-DISCRIMINATION NOTICE

It is Riverview Villa's policy not to discriminate against any person because of that person's race, color, national origin, religion, sex or handicap. We allow tenants to make reasonable modifications to units at tenants' expense, in accordance with the requirements of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. Further, Riverview Villa considers any and all requests for reasonable accommodations in its application of rules, policies and practices, in accordance with the requirements of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.



Attachment G
SETTLEMENT AGREEMENT AND RELEASE

A. PARTIES

        This Settlement Agreement and Release ("Agreement") is made this 11th day of July 2003, between Intervening Plaintiffs, TPMC, FDF, City and Executive Risk.

B. DEFINITIONS

The Parties hereto agree the following definitions will apply throughout this Agreement.

  1. "CONTRACTS" shall mean any and all insurance contracts issued by Executive Risk to FDF including, but not limited to, a Not-For-Profit Organization, Directors, Officers and Trustees Liability Insurance Policy, No. 751-153219-99, which was in effect from January 5, 1999 through January 5, 2000.

  2. "INTERVENING PLAINTIFFS" shall mean Gaylene Martinez, individually and on behalf of George Avalos. Subsequent to the filing of the Complaint in this matter, George Avalos died. His estate will be substituted as a party in this action. This Settlement Agreement and Release must be signed by the Personal Representative of his estate and approved by the probate Court before any settlement monies are to be paid to the Intervening Plaintiffs and their attorney.

  3. "PARTIES" shall mean Intervening Plaintiffs, TPMC, FDF, City and Executive Risk.

  4. "TPMC" shall mean Tamarack Property Management Co. and any past, present or future officers, directors, shareholders, principals, parents, subsidiaries, affiliates, representatives, predecessors, successors, employees, agents or assigns and any and all persons acting under its direction or control or on its behalf including, but not limited to, Ed Jones, Linda Jones and Kathy Kingman.

  5. "FDF" shall mean Forsyth Development Foundation, Inc. and any past, present or future officers, directors, principals, parents, subsidiaries, affiliates, representatives, predecessors, successors, employees, agents or assigns and any and all persons acting under its direction or control or on its behalf including, but not limited to, Waneeta Farris.

  6. "CITY" shall mean the City of Forsyth, Montana and any past, present or future officers, directors, shareholders, principals, parents, subsidiaries, affiliates, representatives, predecessors, successors, agents or assigns, its self funded insurance group known as the Montana Municipal Insurance Authority, and any and all persons acting under its direction or control or on its behalf.

  7. "EXECUTIVE RISK" shall mean Executive Risk Indemnity, Inc., and any and all past, present or future officers, employees, attorneys, directors, shareholders, principals, parents, subsidiaries, affiliates, representatives, predecessors, successors, agents or assigns and all persons acting under its direction or control or on its behalf.

  8. "DISCRIMINATION ACTION" shall mean the lawsuit entitled United States of America and Gaylene Martinez, individually, and on behalf of George Avalos v. Tamarack Property Management Co.; Ed Jones; Linda Jones; Kathy Kingman; Forsyth Development Foundation, Inc.; Waneeta Farris, and the City of Forsyth, Montana filed before Judge Richard W. Anderson as Case No. CV-02-79-BLG-RWA.

  9. "COVERAGE ACTION" shall mean the lawsuit entitled Forsyth Development Foundation, a Montana non-profit corporation v. Executive Risk Indemnity, inc., a member of the Chubb Insurance Group, and Insurance Corporation regulated by the State of Montana filed before Judge Richard W. Anderson as Case No. CV-02-133-BLG-RWA.

  10. "UNDERLYING CLAIMS" shall mean any and all past, present and future suits, complaints, actions, claims, demands, consent decrees, requests for relief, or forbearance of any kind, proceedings and/or notices of partial or total responsibility or administrative actions, whether presently known, unknown or unknowable, which have or may be in the future filed or asserted by Intervening Plaintiffs including, but not limited to, any claims, demands, suits or consent decrees relating to or arising from actual or alleged potential bodily injury, property damage or personal injury, emotional distress, or damages of any kind, including attorney's fees and costs, suffered or incurred by Intervening Plaintiffs. In addition, this definition includes all past, present and future suits, complaints, actions, claims, demand, requests for relief, whether presently known, unknown or unknowable, which have been or may in the future be filed or asserted by FDF, TPMC and the City against Executive Risk arising out of any claims of Intervening Plaintiffs including, but not limited to, all obligations under any part of the Contracts applicable to Intervening Plaintiffs' claims and any and all claims arising out of the investigation, handling, adjusting, defense or settlement of the Intervening Plaintiffs' claims including, without limitation, any claims under § 33-18-242, MCA or common law claims of bad faith. This definition includes the Discrimination Action and Coverage Action and any claims arising out of the facts stated in any complaints filed in the Discrimination Action and/or Coverage Action.


C. RECITALS

  1. Executive Risk issued the Contracts to FDF;

  2. Intervening Plaintiffs filed a Complaint in Intervention in the Discrimination Action asserting TPMC, FDF and the City violated Intervening Plaintiffs' rights under the Federal Fair Housing Act, as amended, 42 USC §§ 3601, et seq. TPMC, FDF and the City deny these claims;

  3. FDF tendered the Discrimination Action to Executive Risk for defense and indemnity under the Contracts. TPMC and the City also sought coverage under the Contracts for the allegations asserted in the Discrimination Action. Executive Risk declined the tender of defense and indemnity of the Discrimination Action under the Contracts by FDF, TPMC and the City;

  4. FDF filed the Coverage Action against Executive Risk seeking declaratory relief and asserting Executive Risk acted in bad faith and in violation of various insurance statutes. Executive Risk denies those claims; and

  5. A dispute exists as to the existence and extent of insurance coverage, if any, under the Contracts. The Parties agree they have considered each others' contentions, the disputed and contested posture of the insurance coverage issues, and the present and future cost to litigate those disputed and contested coverage issues, and now desire to compromise all past, present and future claims and disputes excluding any claims covered or arising out of the Consent Decree between the parties arising under the Contracts, whether any such claims relate to property damages, bodily injury, personal injury, or any other type of injury, or to attorneys' fees and costs, and whether such claims inure to the benefit of Intervening Plaintiffs without admitting the validity or invalidity of any claims.

D. AGREEMENTS

        In consideration of the mutual covenants and promises contained herein and based upon the recitals herein, the Parties agree as follows:

  1. Payments.

    Within ten (10) days after the date of this Decree, Defendants shall deliver to the United States check(s) for $98,000 made payable to the order of the Timothy C. Kelly Attorney Client Trust Account. Counsel for the United States shall not forward the check(s) until the United States has received this executed Settlement Agreement and Release. The United States shall forward the executed Settlement Agreement and Release to Defendants upon receiving them. Payments shall be made to Intervening Plaintiffs and their counsel, Timothy Kelly as follows:

    A.    TPMC
    B.    The City
    C.    Executive Risk
    D.    FDF
    $    30,000.00
    $    10,000.00
    $    58,000.00
    FDF acknowledges that it has fully paid the offer of judgment in the sum of $5,000 and a Partial Satisfaction of Judgment has been filed with the Court. FDF further agrees to pay to the City of Forsyth the sum of $6,861.11 within ten (10) days after the date of this Decree.

  2. Releases and Discharges.

    1. In consideration of the payments set forth above, Intervening Plaintiffs hereby completely release and forever discharge TPMC, FDF, the City and Executive Risk from any and all past, present, or future claims, demands, obligations, actions, causes of action, rights, damages, attorney's fees, costs, loss of services, expenses, bad faith, and compensation of any nature whatsoever, whether based on a tort, contract, statute or other theory of recovery which Intervening Plaintiffs may now have, or which may hereinafter accrue or otherwise be acquired, on account of, or in any way grow out of, or which are the subject of the Discrimination Action (and all related pleadings) and Underlying Claims including, without limitation, any and all known or unknown claims for injuries and/or losses to Intervening Plaintiffs, or any future claim of Intervening Plaintiffs, representatives, successors or heirs, which have resulted or may result from the alleged acts or omissions of TPMC, FDF or the City or have arisen or may arise from the Discrimination Action.

    2. In consideration of the allocation of payments set forth above, TPMC, FDF and the City hereby completely release and forever discharge Executive Risk and Executive Risk completely releases and forever discharges TPMC, FDF, and the City, from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, attorney's fees, costs, loss of services, expenses, bad faith; and compensation of any nature whatsoever, whether based on tort, contract, statute or other theory of recovery, which TPMC, FDF and the City may now have, or which may hereinafter accrue or otherwise be acquired, on account of, or in any way grow out of, or which are the subject of the Coverage Action including, without limitation, any and all known or unknown claims for injuries and/or losses to TPMC, FDF or the City, or any future claims of TPMC, FDF or the City's representatives, successors or heirs, which have resulted or may result from the alleged acts or omissions of Executive Risk or may have arisen from the Contracts.

    3. TPMC, FDF and the City covenant and agree to forever release, relinquish or abandon any and all rights under the Contracts, whether actual or alleged, known or unknown, accrued or unaccrued, existing or which may arise in the future (including, but not limited to, claims for bad faith, punitive, statutory or other extra-contractual damages of any type).

    4. TPMC, FDF and the City declare satisfied and resolved all requests and demands and tenders for indemnity, defense, reimbursement and any and all requests, demands and tenders heretofore submitted to Executive Risk under the Contracts with respect to the Discrimination Action and Underlying Claims.

    5. Intervening Plaintiffs and FDF, by its designee, the City, agree with respect to the appeal of the Magistrate Court order dated 3/5/03, as affirmed by the District Court as follows:

      1. The appeal by Intervening Plaintiffs will be limited to the following: the propriety of the hourly rate used in determining fee award of 3/5/03 as affirmed by the District Court Judge in April 2003.

      2. FDF, and its designee, the City, agree to pay the gross amount requested as a supplement in the amended fee petition filed 3/5/03 (i.e., the sum of $3,208.91), plus the amount for fees and costs awarded by order of the Magistrate Court dated 3/5/03 ($6,861.11) and payment will be made to Intervening Plaintiffs consistent with the payment to Intervening Plaintiffs as provided in the Consent Order.

      3. Intervening Plaintiffs agree that in the event they are determined to be prevailing parties on appeal, Intervening Plaintiffs will not seek reasonable fees for services rendered other than for services rendered during the period of 3/6/03 through a ruling by the Ninth Circuit.

    6. TPMC, FDF and the City declare satisfied and resolved all requests and demands and tenders for indemnity claims, attorney's fees, reimbursement and any and all requests, demands and tenders previously submitted to each other, arising out of the alleged claims of Intervening Plaintiffs. This release does not include indemnity claims between TPMC and FDF that may arise in the future out of the Consent Decree.

  3. Stipulation and Order of Dismissal.

    Within ten (10) days of execution of this document and payment as set forth above, the Parties shall execute all necessary documents for a Stipulation and Motion for Dismissal, dismissing with prejudice, as fully settled on the merits, the Discrimination Action and the Coverage Action, including any and all claims and counterclaims asserted therein with the lone exception the Intervening Plaintiffs may appeal the attorneys' fees rate issue by the Magistrate Judge in his order dated March 5, 2003 as adopted by the District Court on April 1, 2003. Each party shall pay their respective costs and attorneys' fees relating to the Discrimination Action and Coverage Action with the exception that in the event Intervening Plaintiffs appeal the findings and recommendations issued by the Magistrate Judge in his order dated March 5, 2003 as adopted by the District Court on April 1, 2003, the City agrees to substitute in as counsel for FDF and defend the appeal to conclusion.

  4. No admission of liability.

    The parties agree that, in the interest of conserving time and expense, this matter should be resolved without further litigation. The parties acknowledge the resolution of this matter is not to be construed as admission of liability by Defendants, that Defendants have at all times denied and continue to deny the allegations of the Complaint. Therefore the parties have agreed to the terms of this Settlement Agreement and Release as indicated by the signatures appearing below. The parties further agree that this Settlement Agreement and Release is not intended and cannot be construed as an adjudication or judgment in favor of any party or against any party. The parties further agree that this Settlement Agreement and Release shall not be construed or interpreted as to award Intervening Plaintiffs their attorney's fees or declare Intervening Plaintiffs as the prevailing party.

  5. Authorities.

    Each person signing this Agreement represents that he or she has the authority on behalf of his or her respective party to this Agreement to enter into a settlement and release with the terms and conditions set forth in this Agreement, such that this Agreement shall be binding and enforceable by each of the signatories in accordance with its terms.

  6. Headings.

    The headings of the sections of this Agreement have been asserted for convenience and reference only, and shall not be construed or interpreted to restrict or modify any terms or provisions thereof.

  7. Severability.

    In the event that any of the terms or conditions or any portion of them, contained in this Agreement are unenforceable or declared invalid for any reason whatsoever, the same shall not affect the enforceability or validity of the remaining terms or conditions thereof.

  8. Disclaimer.

    The Parties have carefully read the foregoing, discussed its legal effect with counsel, understand the contents thereof, and sign the same of their own free will and accord.

    __________________________________________________
    Gaylene Martinez, Individually, and as Personal
    Representative of the Estate of George Avalos

    Dated:______________________


    TAMARACK PROPERTY MANAGEMENT CO.

    By: __________________________________________________
    Its:__________________________________________________
    Dated:______________________

    __________________________________________________
    Ed Jones
    Dated:______________________

    __________________________________________________

    Linda Jones Dated:______________________

    __________________________________________________
    Kathy Kingman
    Dated:______________________


    FORSYTH DEVELOPMENT FOUNDATION, INC.

    By: __________________________________________________
    Its:__________________________________________________
    Dated:______________________

    __________________________________________________
    Waneeta Farris

    Dated:______________________


    CITY OF FORSYTH


    By: __________________________________________________
    Its:__________________________________________________
    Dated:______________________


    EXECUTIVE RISK INDEMNITY, INC.


    By: __________________________________________________
    Its:__________________________________________________
    Dated:______________________



    1. All documents or other communications required by this Consent Decree to be sent to the United States or counsel for the United States shall be sent via facsimile, 202-514-1116, and via U.S. mail, addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 950 Pennsylvania Ave. N.W., G St., Seventh Floor, Washington, D.C. 20530. Attn: DJ No. 175-44-31. For documents exceeding 30 pages, the first 30 pages shall be sent via facsimile and the complete document shall be sent via U.S. mail.


    Document Filed: August 11, 2003
General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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