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Housing Section Documents

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS



INEZ CASAREGOLA; CLYDE McCOLLOUGH,
individually and as surviving son of VAL
McCOLLOUGH; FAIR HOUSING COUNCIL
OF GREATER SAN ANTONIO,

           Plaintiff,

CASE NO. SA 04 CA 0114OG

v.

COOPERATIVE RETIREMENT SERVICES
OF AMERICA, INC. d/b/a CRSA HOLDINGS,
INC.; PACIFIC LIFE INSURANCE CO.;
SENIOR HOUSING SERVICES, INC.,

          Defendants.

________________________________________

UNITED STATES OF AMERICA,

           Plaintiff,

v.

CASE NO.

PACIFIC LIFE INSURANCE CO., f/d/b/a THE
SUMMIT AT NEWFOREST; COOPERATIVE
RETIREMENT SERVICES OF AMERICA and
SENIOR HOUSING SERVICES, INC., d/b/a
NEWFOREST ESTATES RETIREMENT
COMMUNITY.

          Defendants.

__________________________________________)

CONSENT ORDER

Plaintiffs Inez Casaregola, Clyde McCollough, individually and as the surviving son of Val McCollough, and the Fair Housing Council of Greater San Antonio initiated a private lawsuit, Casaregola v. Cooperative Retirement Services of America, Inc. et al., (W.D. Tex.) on February 4, 2004 against Defendants Pacific Life Insurance Co., Cooperative Retirement Services of America and Senior Housing Services, Inc. (collectively referred to as "Defendants") alleging violations of the Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the Act). The United States files its Complaint simultaneously with this Consent Order against these Defendants alleging similar violations of the Act.

I.     BACKGROUND

Newforest Estates Retirement Community ("Newforest") is a retirement community located in San Antonio, Texas. Newforest consists of eight buildings containing 198 units. The residents are all age 55 and older. Newforest offers one and two-bedroom apartment units with common use facilities. The common use areas include, among other things, a dining area that serves three meals per day, a pool, a library, a putting green, a shuffleboard court, a beauty and barber salon, and a country store. Newforest also provides exercise classes, an ongoing schedule of recreational and spiritual programs, and scheduled transportation to malls, grocery stores, religious services, and medical appointments. From May 1, 2001 until June 30, 2003, and at all times relevant to the Plaintiffs' allegations in their complaints, Newforest has never been a nursing home nor provided assistive care services to its residents.

Prior to May 1, 2001, Newforest was owned by Grand Court, which also owned and made available to residents a nursing care facility located adjacent to the retirement community. Pacific Life Insurance Company ("Pacific Life"), based in California, had made a multimillion dollar loan to Grand Court in 1995 secured by Newforest, but Grand Court went bankrupt in 2001. Newforest was then purchased out of bankruptcy by GFB-AS Investors, L.L. C., but that entity subsequently defaulted on the loan to Pacific Life, and Pacific Life took possession of Newforest. However, Pacific Life did not have a security interest in the adjacent nursing home, which closed down some time after Grand Court's bankruptcy.

From May 1, 2001 until June 30, 2003, Newforest was owned by Pacific Life, which hired Cooperative Retirement Services of America, Inc. ("CRSA"), based in Tennessee, to manage the facility, known at that time as The Summit at Newforest. From June 30, 2003 until the present time, Newforest has been owned by Senior Housing Services, Inc., ("SHS"), a non-profit Florida corporation.

The Plaintiffs allege that in late 2001, Defendants Pacific Life and CRSA began using an "Occupancy Agreement" at Newforest with a provision that requires tenants to be ambulatory without assistance from others, not in need of routine assistance or supervision from others, and able to live safely without assistance or health care, as a term or condition of tenancy at Newforest. Private plaintiffs and the United States allege in their complaints that Defendants Pacific Life and CRSA implemented the provision at Newforest by:

  1. Requiring existing residents to submit to a medical assessment conducted by a CRSA employee as a term or condition of tenancy;

  2. Stating and enforcing a policy of limiting the number of hours that residents may receive assistive services that were necessary because of their disability in their apartment units, including services that were arranged and paid for by such residents;

  3. Imposing as a condition of tenancy that residents must be able to evacuate Newforest by themselves in the event of an emergency; and

  4. Discouraging residents with a disability from continuing to reside at Newforest and steering tenants and prospective tenants with a disability to assisted living facilities because of their disability.

Private plaintiffs and the United States further maintain that while implementing the above policies, Defendants Pacific Life and CRSA evicted or threatened to evict numerous residents with disabilities at Newforest. As a result, many of these tenants moved out of their apartments at Newforest, and other tenants lived in fear of the threatened evictions.

Pacific Life and CRSA assert that many residents of Newforest needed assistance with the activities of daily living and that it was unclear whether those residents were receiving necessary assistance from their families or from other sources. Pacific Life, CRSA, and Newforest were not licensed by the State of Texas to provide assisted living services, and therefore they did not and could not provide those services. However, Defendants Pacific Life and CRSA vigorously deny that any resident was evicted because of a disability, or because he or she was incapable of caring for himself or herself.

When Defendant SHS took ownership of Newforest, new tenants continued to enter into the above-described Occupancy Agreement for a period of time. SHS has allowed those Occupancy Agreements to remain in effect until such time as they come up for renewal. On or about June 2004, tenants were asked to sign a new "Residency Agreement," that includes a provision in which the resident must acknowledge that his or her "physical and mental health is suitable for an independent living community." The lease also allows Newforest to terminate the lease should a tenant "develop a need for services and supportive assistance not available or appropriate at Newforest." Defendant SHS represents that no resident has ever been evicted from Newforest since SHS assumed ownership of Newforest.

Defendant SHS also has a written policy at Newforest that requires each resident who uses a motorized ambulation aid to sign an agreement obligating him or her to pay a $250 non-refundable property damage fee and to assume the risk for the use and operation of the motorized ambulation aid over the $250 fee. However, SHS represents that it has never required anyone to sign that agreement, nor has it ever required a tenant to pay any deposit related to a motorized ambulation aid at Newforest.

In their complaints, private plaintiffs and the United States allege, among other things, that Defendants' conduct, as described above: (i) denied or otherwise made housing unavailable to persons because of disability, in violation of Section 804(f)(1) of the Act, 42 U.S.C. § 3604(f)(1); (ii) discriminated against persons with disabilities in the terms, conditions, or privileges of rental of housing, or in the provision of services or facilities in connection therewith, in violation of Section 804(f)(2) of the Act, 42 U.S.C. § 3604(f)(2); and (iii) made statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on disability, in violation of Section 804(c) of the Act, 42 U.S.C. § 3604(c). In addition, the United States alleges that this conduct constitutes a pattern or practice of discrimination in violation of the Act and a denial of rights under the Act, which raises an issue of general public importance in violation of Section 814(a) of the Act, 42 U.S.C. § 3614(a).

All plaintiffs believe that the allegations in their Complaints justify the remedies agreed to by the Plaintiffs and Defendants ("the parties") and set forth below. Defendants do not admit and intend no admission of wrongdoing or liability by entering into this agreement to resolve the complaints. The parties desire to avoid costly and protracted litigation and agree that this action should be compromised, settled and resolved without further litigation. Therefore, the parties have agreed to the entry of this Consent Order.

Therefore, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

II.    DEFINITIONS

1. The following terms when used in this Consent Order, in addition to terms defined elsewhere in the Order, shall have the following meaning:

  1. "Independent living facility" refers to a residential facility, or any section thereof, in which 80 percent of residents are 55 years of age or older; which offers individual dwelling units with kitchens and bathrooms; and where little or no assistive care services are provided by or contracted for by the facility, but where special activities geared towards seniors may be offered; and

  2. "Effective date of the Order" refers to the date the Court enters the Consent Order.

III.     GENERAL INJUNCTIVE RELIEF

2. As prohibited by the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq., Defendants shall not for the term of this Order:

  1. unlawfully deny or otherwise make unavailable a dwelling because of disability;

  2. unlawfully discriminate on the basis of disability in the terms, conditions, or privileges of sale or rental of a dwelling because of disability; and

  3. unlawfully discriminate on the basis of disability by making, printing or publishing any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination.

IV.     SPECIFIC INJUNCTIVE RELIEF

3. Defendant SHS, its officers, employees, agents, successors and assigns, shall, with respect to Newforest, refrain from the following:

  1. Imposing as a term or condition of tenancy that applicants and residents must be healthy, both physically and mentally, and able to live independently of any assistive services that may be necessary because of their disability, including services that they may arrange and pay for;

  2. Limiting the number of hours that residents with a disability may receive assistive services in their apartment units that may be necessary because of their disability, including services that they may arrange and pay for;

  3. Applying policies and practices indicating that persons cannot or should not live at Newforest if they have difficulty walking and/or use a walker, wheelchair, motorized ambulatory aid or other assistive device for mobility;

  4. Imposing as a term or condition of tenancy that residents using a motorized ambulatory aid:

    1. pay a non-refundable property damage fee;

    2. be financially responsible for any personal and/or property damage caused by the motorized ambulatory aid; or

    3. require proof of personal injury or property damage insurance.

  5. Inquiring to determine whether an applicant for an apartment unit at Newforest has a disability and inquiring as to the nature and severity of such disability, except insofar as such questions relate to whether the person's tenancy would constitute a direct threat to the health and safety of other individuals or result in substantial physical damage to the property of others. (1)

4. Within thirty (30) days of the effective date of this Consent Order, Defendant SHS, its officers, employees, agents, successors and assigns, shall adopt and implement objective, non-discriminatory rental standards and tenant rules at Newforest as well as all other independent living facilities owned or managed by Defendant SHS. A copy of these standards and rules shall be provided to counsel for the United States within five (5) days of their adoption. These standards and rules shall be implemented within thirty (30) days after their receipt by the United States, unless the United States objects to them in writing within those thirty (30) days. In that event, the standards and rules shall not be implemented until SHS and the United States have resolved the dispute or, in the event they are unable to resolve it, the Court has resolved it. Upon their implementation, Defendant SHS and its rental agents and employees shall adhere to these written policies and rules. For the duration of this Order, these rental standards and rules may be modified only upon thirty (30) days' prior written notice to counsel for the United States. In the event that the United States objects to the proposed change in writing within twenty (20) days of receipt of notice, the change shall not be implemented until SHS and the United States have resolved their dispute or, in the event they are unable to resolve it, the Court has resolved it.

5. Within thirty (30) days of the effective date of this Order, Defendant SHS shall cease using the Occupancy Agreement previously put in place by Defendants Pacific Life and SHS and the new Residency Agreement, and shall replace all such agreements with new leases reflecting the new non-discriminatory rental standards and tenant rules described above in Paragraph 4, for the term still remaining under each such individual lease.

V.     NOTICE OF DEFENDANTS' NON-DISCRIMINATION POLICY

6. Defendants shall post and prominently display in the rental offices of any independent living facility they own or manage, a sign no smaller than ten (10) by fourteen (14) inches indicating that all dwellings are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.

7. Within thirty (30) days of implementation of the new non-discriminatory rental standards and tenant rules at Newforest described above in Paragraph 4, Defendant SHS shall send a Notice of these standards and rules to all of its current residents at Newforest.

VI.    EDUCATION PROGRAM

8. Within thirty (30) days of the effective date of this Order, Defendant SHS shall provide a copy of this Order to all of its agents and employees with direct or supervisory authority for renting and/or managing an independent living facility and shall secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order, and had an opportunity to have questions about the Order answered. This statement shall be substantially in the form of Attachment A.

9. During the term of this Order, within thirty (30) days after the date he or she commences an agency or employment with Defendant SHS, each new agent or employee involved with direct or supervisory authority for renting and/or managing an independent living facility owned or managed by Defendant SHS shall be given a copy of this Order and shall be required to sign the statement acknowledging that he or she has received and read the Order, and had an opportunity to have questions about the Order answered. This statement shall be substantially in the form of Attachment A.

10. Within ninety (90) days of the effective date of this Order, Defendant SHS and all agents or employees with direct or supervisory authority for renting and/or managing Newforest shall complete an education program as described below:

  1. the training shall be conducted by a qualified party, unconnected to Defendant SHS or its agents or employees, and any expenses associated with this training shall be borne by Defendant SHS. Defendant SHS shall notify the United States of the name, address and professional background of the trainer it selects at least thirty (30) days in advance of the training. The United States may object to the trainer Defendant SHS selects within ten (10) days of receipt of the notice, in which case Defendant SHS shall select an alternate trainer acceptable to the United States;

  2. the training shall inform 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 housing laws;

  3. the training shall advise each individual on procedures to ensure that disability does not impermissibly enter into the process of providing rental information to prospective residents, making decisions on rental applications, and in establishing and implementing rules or policies at each independent care facility;

  4. the training shall provide a question and answer session to review each of the foregoing areas; and

  5. the training shall secure a certification in the form of Attachment B from each such agent or employee indicating that he or she has received training and this Consent Order and understands the terms set forth in the Consent Order, Defendant SHS's policy of nondiscrimination, and that any violation of this Consent Order may result in sanctions against Defendant SHS by the Court.

VII.     COMPLIANCE

11. Within ninety (90) days of the effective date of this Order, the Defendants shall deliver to counsel for the United States (2) a photograph showing the fair housing signs required by Paragraph 6 of this Order.

12. Within seven (7) days that the Notice of new standards and rules described in Paragraph 7 is sent to current residents at Newforest, Defendant SHS shall deliver to counsel for the United States a copy of the Notice.

13. Within ninety (90) days of the effective date of this Order, Defendant SHS shall deliver to counsel for the United States copies of all certifications required pursuant to Section VI of this Order.

14. Within six (6) months of the effective date of this Order, and every six (6) months thereafter for the term of this Order, Defendant SHS shall deliver to counsel for the United States copies of all certifications required pursuant to Section VI of this Order covering the preceding six (6) months.

15. During the term of this Consent Order, the Defendants shall preserve all records that are the source of, contain, or relate to any of the information pertinent to the obligations under this Order. Upon reasonable notice to counsel for the Defendants, representatives of the United States shall be permitted to inspect and copy all such non-privileged records at any and all reasonable times.

16. During the term of this Order, the Defendants shall give counsel for the United States written notice within twenty-one (21) days of the receipt of any written or oral complaint against Defendants, their agents or employees, regarding housing discrimination in an independent living facility and a description of the resolution of any such complaint within twenty-one (21) days of resolution. If the complaint is written, the Defendants shall provide a copy of it with the notice; if the complaint is oral, they shall include a written summary of it with the notice. The notice shall include the full details of the complaint, including the complainant's name, address and telephone number. The Defendants shall also promptly provide the United States all non-privileged information it may request concerning any such complaint and its actual or attempted resolution.

VIII.     COMPENSATION OF AGGRIEVED PERSONS

17. Within ten (10) business days of the effective date of this Order, Defendants Pacific Life and CRSA shall pay monetary relief to the private plaintiffs by forwarding to the United States a check made payable to Relman & Associates, Inc. in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000.00). In consideration for said monetary relief, Inez Casaregola, Clyde McCollough (individually and as surviving son of Val McCollough), and the Fair Housing Council of Greater San Antonio shall each execute the Full and Final Release of Claims attached to this Order as Attachment C-1, or C-2(as appropriate) prior to receiving payment.

18. Within ten (10) business days of the effective date of this Order, Defendants Pacific Life and CRSA shall pay monetary relief to the following aggrieved persons by forwarding to the United States a check made payable to each person in the amount listed below:

  1. Sarah Talcott - SIXTY THOUSAND DOLLARS ($60,000.00);

  2. The Estate of Virginia Miller - SIXTY THOUSAND DOLLARS ($60,000.00);

  3. The Estate of James Benjamin Easley - SIXTY THOUSAND DOLLARS ($60,000.00);

  4. Jesus and Emma Villarreal - SIXTY THOUSAND DOLLARS ($60,000.00) total; and

  5. Billy Vaughn - TWENTY THOUSAND DOLLARS ($20,000.00).

In consideration for said monetary relief, these individuals or persons representing their estates shall each execute the Full and Final Release of Claims attached to this Order as Attachment C-1 or C-2 (as appropriate) prior to receiving payment.

19. Within twenty (20) business days of the effective date of this Order, Defendants Pacific Life and CRSA shall deposit the sum of ONE HUNDRED TEN THOUSAND DOLLARS ($110,000.00) into a trust account ("the Settlement Fund") for the purpose of paying damages to any additional aggrieved persons who may have suffered as a result of the discriminatory housing practices of Defendants Pacific Life and CRSA.

20. Within forty-five (45) days of the of the effective date of this Order, Defendants Pacific Life and CRSA shall send by first-class mail, postage prepaid, a copy of the Notice to each person who lived at Newforest between May, 2001 and June 30, 2003, to the extent discernable from records in their possession. Notices will be sent to residents who vacated their unit at Newforest during this time by sending the Notices to the address provided on the former resident's move-out form or, if such a form was not provided, to a relative's address if available elsewhere in the lease file. Such Notice shall also be sent to each person who made an inquiry about living at Newforest and provided a mailing address to Newforest between May 1, 2001 and June 30, 2003. Within forty-five (45) days of the effective date of this Order, Defendants Pacific Life and CRSA shall provide to counsel for the United States proof that the Notices have been sent. All Defendants shall also make available for inspection and copying any documents the United States believes may reasonably assist in the identification of aggrieved persons. Nothing in this section shall preclude the United States from making its own efforts to locate and provide notice to potential aggrieved persons.

21. Allegedly aggrieved persons shall have one hundred twenty (120) days of the effective date of this Order in which to contact the United States in response to the Notice. The United States shall investigate the claims of allegedly aggrieved persons and, within one hundred eighty (180) days of the effective date of this Order, shall make a preliminary determination of which persons are aggrieved and an appropriate amount of damages that should be paid to each such person. The United States will inform Defendants Pacific Life and CRSA in writing of its preliminary determinations setting forth the factual basis of each claim. Defendants Pacific Life and CRSA shall have thirty (30) days from receipt of the United States' preliminary determinations to review them and provide to the United States any documents or information that they believe may refute the claims.

22. Within sixty (60) days of the last date of receipt of comments from Pacific Life and CRSA, the United States shall submit its final recommendations to the Court for approval, together with any additional information submitted by Defendants Pacific Life and CRSA. The United States will serve Pacific Life and CRSA with copies of all recommendations and materials provided to the Court, and Pacific Life and CRSA will have an opportunity to file a response with the Court within twenty (20) days of service. The United States may reply within eleven (11) days of service of Pacific Life and/or CRSA's response. When the Court issues an order regarding the distribution of funds for aggrieved persons, Defendants Pacific Life and CRSA shall, within fourteen (14) days of the Court's order, deliver to the United States checks payable to the aggrieved persons in the amounts approved by the Court. In no event shall the aggregate of all such checks exceed the sum of the Settlement Fund. No aggrieved person shall be paid until he or she has executed the Full and Final Release of Claims attached to this Order as Attachment C-1 or C-2 as appropriate.

23. If, after all payments to aggrieved persons have been made, a balance remains in the Settlement Fund, any balance remaining will be reclaimed by Defendants Pacific Life and CRSA.

IX.    CIVIL PENALTY

24. Defendant Pacific Life shall pay to the United States as a civil penalty TWENTY FIVE THOUSAND DOLLARS ($25,000.00) pursuant to 42 U.S.C. §3614(d)(1)(C).

25. Defendant CRSA shall pay to the United States as a civil penalty TWENTY FIVE THOUSAND DOLLARS ($25,000.00) pursuant to 42 U.S.C. §3614(d)(1)(C).

26. Within twenty (20) days of the effective date of this Order, Defendants Pacific Life and CRSA each shall deliver to the United States its civil penalty check made payable to the "United States Treasury."

27. Defendants Pacific Life and CRSA agree that if the United States subsequently brings suit against either Defendant pursuant to the Fair Housing Act, 42 U.S.C. §3601 et seq., and if either Defendant is found in the future, by a court of competent jurisdiction, in violation of the Act, such violation(s) shall constitute a "subsequent violation" by such Defendant pursuant to 42 U.S.C. § 3614(d)(1)(C)(ii). This is not an admission of liability by either Defendant.

X.     JURISDICTION AND SCOPE

28. The Court has personal jurisdiction over the Defendants for purposes of this civil action, and subject matter jurisdiction over the claims in the civil action pursuant to 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. § 3614(a).

29. The Court retains jurisdiction over the action for the duration of the Consent Order for the purpose of enforcing any of its provisions and terms, after which this case shall be dismissed with prejudice. This Consent Order shall remain in effect for three (3) years from the effective date of the Order for the purpose of enforcing any of its provisions and terms. The United States may move the Court to extend the duration of the Order in the interests of justice, but the actions of one Defendant shall not serve as the basis for extending the Consent Order with respect to a different Defendant.

30. The parties and their attorneys agree to work cooperatively with one another and in good faith. They further agree to use their best efforts to effectuate the purposes of the Order and to resolve informally any differences regarding interpretation of and compliance with the Order prior to bringing such matters to the Court for resolution. The parties shall have the right to seek from the Court modifications of the Consent Order provided that any request for a modification has been preceded by good faith negotiations between the parties. The parties may agree in writing to modify the deadlines established by this Order without Court approval.

31. Each party to this litigation will bear its own costs and attorney's fees. However, a portion of the monetary settlement paid to the private plaintiffs (as identified in Paragraph 17) may be used to pay their costs and attorney's fees notwithstanding this provision.



THE PARTIES CONSENT TO THE ENTRY OF THIS CONSENT ORDER AS INDICATED BY THE SIGNATURES OF COUNSEL BELOW:



FOR PLAINTIFF UNITED STATES:



JOHNNY K. SUTTON
United States Attorney
JOHN F. PANISZCZYN
Assistant U.S. Attorney
Office of the U.S. Attorney
601 N.W. Loop 410, Suite 600
San Antonio, TX 78216
Tel: (210) 384-7100
Facsimile: (210) 384-7105

R. ALEXANDER ACOSTA
Assistant Attorney General


_________________________
STEVEN H. ROSENBAUM
Chief
MICHAEL S. MAURER
Deputy Chief
JENNIFER C. CASS
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement
Section

Mailing address:
950 Pennsylvania Ave. NW
Washington, DC 20530-5998

Street address:
1800 G Street, NW, Ste. 7002
Washington, DC 20006

Tel: (202) 305-3107
Facsimile: (202) 514-1116



FOR PLAINTIFFS INEZ CASAREGOLA, CLYDE McCOLLOUGH, individually and as surviving son of VAL McCOLLOUGH, and FAIR HOUSING COUNCIL OF GREATER SAN ANTONIO:



JOHN P. RELMAN, ESQ.
Relman & Associates, PLLC
1225 19th St., N.W., Suite 600
Washington, D.C. 20036
Tele: (202) 728-1888
Facsimile: (202) 728-0848



FOR DEFENDANT PACIFIC LIFE INSURANCE CO.:



__________________________

BRIAN S. GREIG, ESQ.Fulbright & Jaworski L.L.P.
600 Congress Ave., Suite 2400
Austin, TX 78701-3271
Tele: (512) 474-5201
Facsimile: (512) 536-4598



FOR DEFENDANT COOPERATIVE RETIREMENT SERVICES OF AMERICA, INC.:



______________________________
BRANTLEY R. PRINGLE, JR. ESQ.
Wright & Greenhill, P.C.
221 West 6th Street, Suite 1800
Austin, TX 78701
Tele: (512) 476-4600
Facsimile: (512) 476-5382


FOR DEFENDANT SENIOR HOUSING SERVICES, INC.:



______________________________
ALAN E. GOODING, ESQ.
5745 N. Mina Vista
Tucson, Arizona 85718




ORDERED this ____ day of ______________, 2004.



________________________________
THE HONORABLE ORLANDO L. GARCIA
United States District Court Judge
Western District of Texas



ATTACHMENT A

CERTIFICATION OF RECEIPT OF CONSENT ORDER



I _________________________ , certify that I have received the Consent Order entered in Casaregola v. Cooperative Retirement Services of America Inc. et al., Civil Action SA 04 CA 0114OG (W.D. Tex.) and United States v. Pacific Life Insurance Co., Civil Action ___________(W.D. Tex.). I further certify that I have read and understand the aforementioned Consent Order and the policy of nondiscrimination mandated by it and I have had all of my questions concerning the Consent Order and the Fair Housing Act answered to my satisfaction. I further understand that my violation of this Consent Order may result in sanctions against Senior Housing Services, Inc.

__________________________
(Signature)

___________________________
(Print name)

___________________________
(Title)

___________________________
(Date)



ATTACHMENT B

CERTIFICATION OF ATTENDANCE AT FAIR HOUSING TRAINING



I _____________________________ , certify that I have attended the training provided by _______________________________ pursuant to Section VI. of the Consent Order entered in Casaregola v. Cooperative Retirement Services of America Inc. et al., Civil Action SA 04 CA 0114OG (W.D. Tex.) and United States v. Pacific Life Insurance Co., Civil Action __________(W.D. Tex). I further certify that I have read and understand the aforementioned Consent Order and the policy of nondiscrimination mandated by it and I have had all of my questions concerning the Consent Order and the Fair Housing Act answered to my satisfaction. I further understand that my violation of this Consent Order may result in sanctions against Senior Housing Services, Inc.

__________________________
(Signature)

___________________________
(Print name)

___________________________
(Title)

___________________________
(Date)



ATTACHMENT C-1



FULL AND FINAL RELEASE OF CLAIMS



I, _______________________, on behalf of myself and family members, agents, heirs, executors, administrators, successors and assigns, pursuant to the terms, provisions, and conditions of the Consent Order approved by the United States District Court for the Western District of Texas on_____________________, 2004 in the cases of Casaregola v. Cooperative Retirement Services of America Inc. et al., Civil Action SA 04 CA 0114OG (W.D. Tex.) and United States v. Pacific Life Insurance Co., Civil Action ___________(W.D. Tex.) ("lawsuits") and in consideration of the payment of _______________ do fully, finally and forever release, discharge, and hold harmless Cooperative Retirement Services of America Inc., Pacific Life Insurance Co., and Senior Housing Services, Inc. (hereinafter "Defendants"), along with their insurers, attorneys, related companies, principals, predecessors, successors, assigns, affiliates, partners, directors, officers, agents, employers, shareholders, subsidiaries, employees, former employees, heirs, executors, and administrators and any persons acting under their respective direction or control (hereinafter "Releasees"), from any and all fair housing claims set forth, or which could have been set forth, in the Complaints in these lawsuits that I may have against Defendants or any of the Releasees for any of Defendants' actions or statements related to those claims through the date of this Consent Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees. I represent that I have not assigned my claims to any other entity or individual.

I affirm that the only consideration for signing this Full and Final Release of Claims are the terms stated in the Consent Order signed by the parties, and the monetary payment referenced above. I have accepted the terms of this Release and the Consent Order because I believe them to be a fair and reasonable settlement and for no other reason. This Release and the Consent Order contain and constitute the entire understanding and agreement between the parties.



______________________________
DATE

______________________________
NAME (PRINT)

_______________________________
SIGNATURE

_______________________________
SOCIAL SECURITY NUMBER



ATTACHMENT C-2



FULL AND FINAL RELEASE OF CLAIMS



I, _________________________, represent that I am the duly appointed independent executor or independent administrator of the Estate of ____________________________________________, and that I have full legal authority to enter into this Full and Final Release on behalf of the estate. Valid Letters Testamentary are attached to this Release. I enter into this Full and Final Release of Claims on behalf of myself and my agents, heirs, executors, administrators, successors and assigns, as well as on behalf of the Estate of _______________________________ and his/her family members, agents, heirs, executors, and administrators. I represent that the Estate has not assigned these claims to any person and/or entity.

Pursuant to the terms, provisions, and conditions of the Consent Order approved by the United States District Court for the Western District of Texas on_____________________, 2004 in the cases of Casaregola v. Cooperative Retirement Services of America Inc. et al., Civil Action SA 04 CA 0114OG (W.D. Tex.) and United States v. Pacific Life Insurance Co., Civil Action ___________ (W.D. Tex.) ("lawsuits") and in consideration of the payment of _______________, I do fully, finally and forever release, discharge, and hold harmless Cooperative Retirement Services of America Inc., Pacific Life Insurance Co., and Senior Housing Services, Inc. (hereinafter "Defendants"), along with their insurers, attorneys, related companies, principals, predecessors, successors, assigns, affiliates, partners, directors, officers, agents, employers, shareholders, subsidiaries, employees, former employees, heirs, executors, and administrators and any persons acting under their respective direction or control (hereinafter "Releasees"), from any and all fair housing claims set forth, or which could have been set forth, in the Complaints in these lawsuits that _______________________, the Estate of_______________________, or I may have against Defendants or any of the Releasees for any of Defendants' actions or statements related to those claims through the date of this Consent Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees.

I affirm that the only consideration for signing this Full and Final Release of Claims are the terms stated in the Consent Order signed by the parties, and the monetary payment referenced above. I have accepted the terms of this Release and the Consent Order because I believe them to be a fair and reasonable settlement and for no other reason. This Release and the Consent Order contain and constitute the entire understanding and agreement between the parties.

Acknowledged and Agreed in my Individual Capacity as well as my Capacity as Independent Executor/Administrator (circle one) of the Estate of______________________________:

______________________________
DATE

______________________________
NAME (PRINT)

_______________________________
SIGNATURE

_______________________________
SOCIAL SECURITY NUMBER



ATTACHMENT D



NOTICE TO POTENTIAL VICTIMS OF HOUSING DISCRIMINATION



On _____ , 2004, the United States District Court for the Western District of Texas entered a Consent Order resolving a lawsuit brought by the United States Department of Justice against Cooperative Retirement Services of America Inc. and Pacific Life Insurance Co. concerning their ownership and management of The Summit at Newforest, 5034 Newforest Drive, San Antonio, Texas (now known as Newforest Estates Retirement Community), alleging that they discriminated against persons with disabilities living at the Summit at Newforest or inquiring to live there.



Under this consent order, you may be entitled to receive monetary relief if, between May 2001 and June 2003, you or anyone you know who has a disability:



  • WERE DISCOURAGED FROM LIVING AT THE SUMMIT AT NEWFOREST BECAUSE OF YOUR DISABILITY OR USE OF A WHEEL CHAIR OR OTHER AMBULATORY DEVICE;

  • WERE ASKED TO SUBMIT TO OR SUBMITTED TO A MEDICAL ASSESSMENT AND/OR MENTAL STATUS EVALUATION AS A CONDITION OF LIVING AT THE SUMMIT AT NEWFOREST;

  • WERE TOLD THAT YOU HAVE TO LEAVE THE SUMMIT AT NEWFOREST BECAUSE YOU WERE USING TOO MANY HOURS OF ASSISTIVE CARE SERVICES; OR

  • WERE TOLD THAT YOU HAD TO BE ABLE TO EVACUATE THE PREMISES BY YOURSELF IN THE EVENT OF AN EMERGENCY AS A CONDITION OF LIVING AT THE SUMMIT AT NEWFOREST.

If you wish to make a claim for discrimination on the basis of disability, or if you have any information about persons who may have such a claim, please contact the

United States Department of Justice at 1-800-896-7743 (Option 97). You may also write to:

United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Attn: DJ 175-76-120

NOTE: You must call or write no later than ________, 2005.

1. In addition, Defendant SHS is not precluded from inquiring into an applicant's ability to meet the legitimate requirements of ownership or tenancy, provided that it makes these inquiries of all applicants, whether or not they have disabilities.

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, DJ 175-76-120, United States Department of Justice, 950 Pennsylvania Avenue N.W., Washington, D.C. 20530, or as otherwise directed by the United States.

Document Filed: December 22, 2004