Consent Order United States v. Trinity Villas, Inc. (M.D. Fla.)

Case 5:13-cv-00566-WTH-PRL Document 14 Filed 07/09/15 Page 1of27 PagelD 105 Case 5:13-cv-00566-WTH-PRL Document 12-1 Filed 07/02/15 Page 1of27 PagelD 77 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

UNITED STATES OF AMERICA Plaintiff, Case No.: 5:13-cv-566-0c-l OPRL

v. TRINITY VILLAS, INC. AND

DEBBIE CRAWFORD, individually Defendants.

PROPOSED CONSENT DECREE

This matter came before this Court for entry ofjudgment by consent of the Plaintiff, United States ofAmerica ("United States"), and the Defendants, Trinity Villas, Inc. ("Trinity Villas") and Debbie Crawford ("Crawford") ( collective1y the "Parties"). to effectuate a compromise and settlement ofall claims in the above-captioned case.

I. INTRODUCTION

The United States commenced this action in the United States District Court for the Middle District ofFlorida on November 18, 2013, to enforce the provisions ofTitle VIII ofthe Civil Rights Act of 1968 (the Fair Housing Act), 42 U.S.C. § 3601, et seq., on behalf ofGloria Tobin.

The United States alleges that Gloria Tobin is handicapped or disabled within the meaning ofthe Fair Housing Act, 42 U.S.C. § 3602(h), as she suffers from spinal and hip complications that severely impede her ability to walk and requires her to utilize a walker and cane to assist with ambulation. Case 5:13-cv-00566-WTH-PRL . Document 14 Filed 07/09/15 Page 2 of 27 PagelD 106 Case 5:13-cv-00566-WTH-PRL Document 12-1 Filed 07/02/15 Page 2 of 27 PagelD 78

The United States alleges that Defendants discriminated against Gloria Tobin, who was a

resident ofTrinity Villas in Ocala, Florida, by refusing her request for a ground floor apartment

unit as a reasonable accommodation ofher disability.

Trinity Villas is a 162-unit housing complex that is owned by Trinity Villas, Inc. At all

times relevant to this action, Debbie Crawford was employed by Trinity Villas, Inc. and served

as the property administrator ofTrinity Villas.

The Complaint alleges the following: that the Defendants discriminated against Gloria

Tobin in the rental, or otherwise made unavailable or denied, a dwelling to her because of her

disability, in violation ofthe Fair Housing Act, 42 U.S.C. § 3604(f)(l); that the Defendants

discriminated against Ms. Tobin in the terms, conditions, or privileges ofrental ofa dwelling or

in the provision ofservices or facilities in connection with a dwelling, because ofher disability,

in violation ofthe Fair Housing Act, 42 U.S.C. § 3604(f)(2); and that the Defendants refused to

make reasonable accommodations in their rules, polices, practices or services when they failed to

transfer Ms. Tobin to a ground-floor unit as a reasonable accommodation when such

accommodations were necessary to afford Ms. Tobin an equal opportunity to use and enjoy her

dwelling, in violation ofthe Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B).

On or about October 19, 2011, November 22, 2011, and June 5, 2013, Ms. Tobin timely

filed original and amended complaints with the United States Department of Housing and Urban

Development ("HUD"), alleging that Trinity Villas and Debbie Crawford discriminated against

Ms. Tobin on the basis ofdisability, in violation ofthe Fair Housing Act. HUD conducted an

investigation ofthe complaint and on September 30, 2013 detennined that reasonable cause

existed to believe that Defendants engaged in illegal discriminatory housing practices on the

basis ofdisability, and it issued a Charge ofDiscrimination. Subsequently, the Defendants 2 Case 5:13-cv-00566-WTH-PRL Document 14 Filed 07/09/15 Page 3 of 27 PagelD 107 Case 5:13-cv-00566-WTH-PRL Document 12-1 Filed 07/02/15 Page 3 of 27 PagelD 79

elected to have the claims asserted in HUD's Charge ofDi.scrimination resolved in a civil action

and a Notice ofElection to Proceed in United States Federal District Court was issued and the

administrative proceeding was terminated pursuant to 42 U.S.C. § 3612(0).

The Defendants deny that they discriminated against Ms. Tobin on the basis ofdisability

and enter into this Consent Decree for settlement purposes only, and neither the entry ofthis

Consent Decree nor any action taken under it should be construed as an admission by the

Defendants ofany fault or wrongdoing, or as an admission ofthe validity ofthe United States' or

Ms. Tobin's claims.

The Parties agree that this Court has jurisdiction over the subject matter of this case

pursuant to 28 U.S.C. §§ 1331and1345, and 42 U.S.C. § 3612(0). The Parties further agree

that, to avoid costly and protracted litigation, the claims against the Defendants should be

resolved without further proceedings and an evidentiary hearing. Therefore, as indicated by the

signatures below, the Parties agree to the entry ofthis Consent Decree. This Consent Decree

constitutes full resolution ofthe claims in the Complaint that the Defendants discriminated

against Ms. Tobin on the basis ofdisability.

It is hereby ADJUDGED, ORDERED, and DECREED:

II. GENERAL IN.JUNCTION

I. The Defendants, their agents, employees, officers or contract workers whose duties, in whole or in part, involve the management or rental ofunits at Trinity Villas, and all other persons in active concert or participation with them, are enjoined from violating the Fair Housing Act on the basis ofdisability and from: 3 Case 5:13-cv-00566-WTH-PRL Document 14 Filed 07/09/15 Page 4 of 27 PagelD 108 Case 5:13-cv-00566-WTH-PRL Document 12-1 Filed 07/02/15 Page 4 of 27 Page ID 80

a. discriminating in the rental, or from otherwise making unavailable or denying a dwelling to any renter because of a disability as prohibited by the Fair Housing Act, 42

1. § 3604(f)(l);
2. discriminating against any person in the terms, conditions, or privileges of rental of a dwelling, or in the provision ofservices or facilities in connection with such dwelling, because ofa disability as prohibited by the Fair Housing Act, 42 U.S.C. § 3604(f)(2); and
3. refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling as required by the Fair Housing Act, 42 U.S.C. § 3604(f)(3 )(B ).

III. DAMAGES FOR GLORIA TOBIN, FEES AND COSTS

2. Within thirty (30) days ofthe entry ofthis Decree, the Defendants shall pay to Gloria Tobin the sum of nine-thousand dollars ($9,000) in monetary damages. The check will be made payable to Gloria Tobin and remitted to the United States Attorney's Office, Middle District of Florida. Upon receipt ofthe check, counsel for the United States on behalfofGloria Tobin shall send to the Defendants an executed Release ofAll Claims, legal or equitable, that Ms. Tobin has or might have against the Defendants arising from the allegations raised in this action (Appendix A).

The Defendants shall mail the payment to the following address:

Gloria Tobin c/o Yohance A. Pettis, AUSA

U.S. Attorney's Office Middle District ofFlorida 400 N. Tampa Street, Suite 3200 Tampa, FL 33602 4 Case 5:13-cv-00566-WTH-PRL Document 14 Filed 07/09/15 Page 5 of 27 PagelD 109 Case 5:13-cv-00566-WTH-PRL Document 12-1 Filed 07/02/15 Page 5 of 27 PagelD 81

IV. NON-DISCRIMINATION POLICY

1. Within thirty (30) days ofthe entry ofthis Decree and throughout the term ofthis Decree, the Defendants shall post and prominently display on the property ofTrinity Villas a sign no smaller than l 0 inches by 14 inches indicating that all dwellings are avai.lable for sale or rental on a non-discriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement. This poster shall be plainly visible to all persons, including those who use wheelchairs.
2. Within thirty (30) days ofthe entry ofthis Decree and throughout the term ofthis Decree, the Defendants shall ensure that any advertising for Trinity Villas, in newspapers, telephone directories, radio, television, the internet, or other media, and on signs, pamphlets, brochures and other promotional literature, include a fair housing logo, the words "equal housing opportunity provider," and/or the following sentence:

We are an equal opportunity housing provider. We do not discriminate on the basis ofrace, color, national origin, religion, sex, familial starus or disability.

The words or logo should be prominently placed and clearly legible.

5. Within thirty (30) days of the entry ofthis Decree, the Defendants shall provide to all residents of Trinity Villas a written notice, conforming with Appendix B describing their policy of non-discrimination. The Defendants shall also provide this policy to all prospective residents at the time ofapplication.

　

V. REASONABLE ACCOMODATION POLICY

6. Within sixty (60) days after the date of entry ofthis Decree, and subject to approval by the United States, the Defendants shall adopt and implement (for Trinity Villas)

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specific, uniform, and objective written standards and procedures for receiving and handling

requests made by people with disabilities for reasonable accommodations. These standards shall

comply with the requirements of42 U.S.C. § 3601 et seq., and include the following provisions:

a. The Defendants shall provide to all current and prospective residents of Trinity Villas complete copies (including all sides ofmulti-page documents) of the Reasonable Accommodation forms attached as Appendices C, D, E, and F.

b. The Defendants shall use the following forms at Trinity Villas: Request for Reasonable Accommodation ("Request Form") (Appendices C and D); and Approval or Denial ofReasonable Acconunodation Request Form ("Approval Form") (Appendix E). Oral requests for Reasonable Accommodations will be recorded by the Property Manager using the fonn in Appendix D.

c. The policy will contain a provision stating that all requests for

accommodation shall be acknowledged by the Reasonable Accommodation Facilitator, copied to

the Trinity Villas Property Manager, within ten (10) days ofthe request.

d. The policy shall state that those requesting a reasonable accommodation shall be notified in writing by the Reasonable Accommodation Facilitator of the decision regarding the request for accommodation within fourteen (14) days ofthe request (or sooner if the situation requires an immediate response); ifthe Defendants cannot grant the request as made, the Defendants, through the Facilitator, are required to engage in an interactive process with the resident or prospective resident to discuss whether an alternate ac<::ommodation can be made available; in the event the interactive process is unsuccessful, resulting in a denial ofthe request, an explanation of the basis for such denial shall be included in this \.vritten notification.

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e. The policy will contain a provision stating that the Defendants shall consider all requests for accommodations because ofdisability and shall grant those requests that are reasonable within the meaning of the Fair Housing Act. The policy shall also include a provision explaining that the Defendants shall engage in an "interactive process" with the resident or prospective resident in an effort to grant the request.

f. The policy will contain a provision stating that the Defendants shall not impose any additional fees, costs, or otherwise retaliate against any person at Trinity Villas who has exercised his or her right under the Fair Housing Act to make one or more reasonable accommodation requests and, ifapplicable, receive a reasonable accommodation.

g. In the event a resident's or prospective resident's disability is not obvious as it relates to the requested accommodation, the Defendants may request reliable disability-related information that (1) is necessary to verify that the person meets the Fair Housing Act's definition ofdisability (i.e., has a physical or mental impairment that substantially limits one or more major life activities), (2) describes the needed accommodation, and (3) shows the relationship between the person's disabjlity and the need for the requested accommodation. In most cases, an individual's medical records or detailed information about the nature ofa person's disability is not necessary for this inquiry.

h. Once a housing provider has established that a person meets the Fair Housing Act's definition ofdisability, the provider's request for documentation should seek only the infonnation that is necessary to evaluate whether the reasonable accommodation is needed because ofa disability. Such information 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

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reasonable accommodation request or unless disclosure is required by law (e.g., a court-issued

subpoena requiring disclosure).

7. Within ninety (90) days ofthe date of entry ofthis Decree, the Defendants shall provide a copy of the Reasonable Accommodation Policy for Persons with Disabilities to each current resident at Trinity Villas by delivering a copy by hand to each dwelling unit at Trinity Villas.

8. For the duration ofthis Consent Decree, the Defendants shall provide a copy of the Reasonable Accommodation Policy for Persons with Disabilitjes to each new resident of Trinity Villas prior to the prospective residents being asked to sign a lease or sales agreemenl.

9. The Defendants shall post the Reasonable Accommodation Policy in a conspicuous location in the management office of Trinity Villas, easily visible to residents and prospective residents including those who use wheelchairs.

10. Ifthe Defendants propose to change these guidelines, they shall first notify the United States^{1 with a copy ofthe proposed changes. Ifthe United States does not deliver written objections to the Defendants within sixty (60) days ofreceiving the proposed changes, the changes may be effected. Ifthe United States makes any objections to the proposed changes within the sixty (60) day period, the specific changes to which the United States objects shall not be effected until the objections are resolved.}

^{11. The Defendants shall keep written records ofeach request for reasonable accommodation they receive during the duration of this Consent Decree. These records shall}

^{1 The Defendant snail send all documents, notices, and other communications required by the Decree to be sent to}

^{the United States to: Yohance A. Pettis, AUSA, United States Attorney's Office, Middle District ofFlorida, 400 N.}

^{Tampa Street, Suite 3200, Tampa, FL 33602 and reference Civil Action No.: 5: 13-CV-566-0c-IOPRL and USAO}

^{Internal Control No.: 2013V05663.}

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include: (a) the name, address, and telephone number ofthe person making the request; (b) the

date on which the request was received; (c) the nature ofthe request; (d) whether the request was

granted, was granted in modified fonn as a result ofthe interactive process, including the details

ofthe discussions, or denied; and (e) ifthe request was denied, the reason(s) for the denial.

12. Upon adopting specific, uniform, and objective written standards and procedures for receiving and handling requests made by people with disabilities for reasonable accommodations, the Defendants shall provide written notice, in a form substantially equivalent to Appendix F attached hereto, ofthose standards to each current and future resident ofTrinity Villas.

V. REASONABLE ACCOMMODATION FACILITATOR

13. At its home office, Trinity Villas, Inc. shall establish an employee position titled "Reasonable Accommodation Facilitator." While the Facilitator may have other duties, the primary purpose ofthis employee is to be available to discuss, explain, and facilitate the handling ofreasonable accommodation requests. The Facilitator shall at all times be trained, educated and current on matters involving the Fair Housing requirements. The Facilitator shall be the point ofcontact to which any resident, prospective resident, or person associated with that resident or prospective resident ofTrinity Villas will have direct access to apply for or request a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Property managers and/or assistant property managers employed at Trinity Villas have no discretion or authority to deny any reasonable accommodation request or to withhold any information pertaining to reasonable accommodations (verbal or written) from the Facilitator. The Facilitator's telephone number, facsimile number,

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email address and mailing address will be provided on all materials relating to a request,

response, approval or denial ofa request for reasonable accommodations provided to any

resident o.r prospective resident at Trinity Villas.

During the du.ration ofthis Decree, a Facilitator or assistant Facilitator with the

equivalent training, shall be available during all normal business hours ofthe home office.

VII. TRAINING & EDUCATIONAL PROGRAM

1. Within thirty (30) days ofthe entry ofthis Decree, the Defendants shall provide a copy ofthis Decree and the non-discrimination and reasonable accommodation policies to all of their agents, employees or contract workers whose duties, in whole or in part, involve the management or rental of units at Trinity Villas and secure a signed statement from each agent or employee acknowledging that he or she has received and read the Decree and policies, and has had an opportunity to have questions about the Decree and policies answered. 'Ibis statement shall be substantially in the fonn ofAppendix G.
2. During the term of this Decree, within thirty (30) days after the date he or she commences an agency or employment relationship with the Defendants, each new agent, employee or contract worker whose duties, in whole or in part, involve the management or rental of W1its at Trinity Villas shall be given a copy ofthis Decree and the non-discrimination and reasonable accommodation policies and be required to sign the statement acknowledging that he or she has received and read the Decree and policies, and had an opportunity to have questions about the Decree and policies answered. This statement shall be substantially in the form of Appendix G.
3. Within ninety (90) days ofthe date ofentry ofthis Consent Decree, the Defendants and all ofthei.r agents, officers, employees or contract workers whose duties, in

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whole or in part, involve the management or rental ofunits at Trinity Villas shall undergo

training on the requirements ofthe Fair Housing Act, including the duty to provide reasonable

accommodations for persons with disabilities. The training shall be conducted in-person by a

qualifie-0 third-party, who is unconnected to the Defendants or their employees, agents or

counsel, and approved by the United States. All expenses associated with this training shall be

borne by the Defendants. The Defendants shall provide to the United States, within thirty (30)

days after the training, the name(s), address( es), and telephone number(s) ofthe trainer(s); copies

ofthe training outlines and any materials distributed by the trainers; and certifications executed

by each Defendant and covered employees and agents confirming their attendance, in a form

substantially equivalent to Appendix H.

VIII. REPORTING AND RECORD-KEEPING REQUIREMENTS

17. Within ninety (90) days of the entry of this Decree, and thereafter on the anniversary of the entry ofthis Decree, the Defendants shall submit to the United States a compliance report, except that the final report shall be submitted sixty (60) days prior to the expiration ofthis Decree. The compliance report shall include: (a) the sjgned statement ofeach

agent and employee referred to in paragraphs 15-17, above; (b) copies ofthe Defendants' non

discrimination and reasonable accommodation policies submitted pursuant to Sections IV and V,

above; and (c) copies ofany advertisements, pamphlets, brochures or other promotional literature

ofTrinity Villas, Inc. concerning Trinity Villas.

18. For the duration ofthis Decree, the Defendants shall notify counsel for the United States, in writing, within fifteen (15) days ofreceipt ofany complaint ofhousing discrimination against the Defendants or any of the Defendants' agents or employees or contract workers. Such notification shall include the date ofthe complaint, and contact information for the complaining

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party. Within fifteen ( 15) days ofthe resolution ofany such complaint, the Defendants shall

notify counsel for the United States, in writing, providing the details ofthe resolution.

19. For the duration ofthis Decree, the Defendants shall preserve all records related to this Decree and any other documents related to the management, sale or rental of units at Trinity Villas. Such documents include, but are not limited to, applications, leases, requests for reasonable accommodation, evidence that each resident has been presented the policies on nondiscrimination and reasonable accommodations and an opportunity to request an accommodation, tenant files, policies and procedures, all correspondence with residents and all notebooks, logs and computer information that relates to correspondence with residentc;, and tenant tracker and unit availability logs. Upon reasonable notice to the Defendants, representatives of the United States shall be permitted to inspect and copy any of the Defendants' records or inspect Trinity Villas at any and all reasonable times so as to determine compliance with the Consent Decree; provided, however, that the United States shall endeavor to minimize any inconvenience to the Defendants from such inspections.

IX. COMPLIANCE TESTING

20. The United States may take steps to monitor the Defendants' compliance with this Decree including, but not limited to, conducting fair housing tests at any dwelling in which Trinity Villas, Inc., now or in the future, has a direct or indirect ownership, management, or financial interest.

:X. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION

21. The Court shall retain jurisdiction for four (4) years after the entry ofthis Decree to enforce the terms ofthe Decree, at which time the case shall he dismissed \1\--ith prejudice. Prior to the expiration ofthe Decree's term, the Onited States may move the Court to extend the

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duration ofthe Decree for good cause, including on the basis that the Defendants have failed to

comply with a provision ofthe Decree.

22. The Parties shall endeavor in good faith to resolve informally any differences regarding the interpretation ofand compliance with this Decree prior to bringing such matters to the Court for a resolution. However, in the event ofa failure by either of the Defendants or their agents, employees, officers or contract workers whose duties, in whole or in part, involve the management, sale or rental of units at Trinity Villas, to perform in a timely manner any act required by this Decree or otherwise to act in violation ofany provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance ofsuch act or deeming such act to have been performed, and an award ofany damages, costs, and reasonable attorney's fees that may have occasioned by the violation or failure to perform.

XI. TIME FOR PERFORMANCE

23. Any time limits for performance imposed by this Consent Decree may be extended by the mutual, written agreement ofthe United States and the Defendants.

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XII. COSTS OF LITIGATION

24. With the exception ofthe costs and attorneys' fees described in Section III, above, each party to this Consent Decree shall bear its own costs and attorney's fees associated with this litigation.

IT IS SO ORDERED: This !J!'dayof ~ '2015.

UNITED STATES DISTRICT JUDGE

The undersigned apply for and consent to the entry ofthis Decree: FOR PLAINTIFF UNITED STATES OF AMERICA

A. LEE BENTLEY, III UNITED A S TIORNEY

Assistant United States Attorney Florida Bar No. 021216 United States Attorney's Office Middle District ofFlorida 400 N. Tampa Street, Suite 3200 Tampa, FL 33602 Telephone: (813) 274-6000 Facsimile: (813) 274-61 98 Email: yohance.pettis(@.usdoj.gov

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""'"'"' D. DEOAILLER, ESQUIRE Florida Bar N\>.1 283703 Quintalros, l'rietn, Wood & Boyer, P.A. 255 South Orange Ave., Suite 900 Orlando, Flwida 32801 bdegajllw,pJs:adi11gs@qpw\>l.aw.eom Telephone: (407) 872-6011 Facsimile: (407) 872-6012

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APPENDIX A

RELEASE OF CLAIMS BY GLORIA TOBIN

In consideration ofthe Parties' agreement to the terms of the Consent Decree entered by the Court in United States v. Trinity Villas, Inc. and Debbie Crawford, individually, Civil Action No.: 5:13-CV-566-0c-lOPRL, and the Defendants' payment of the sum of

($ , I, Gloria Tobin, my heirs and assigns, hereby release the Defendants in this action and their successors, insurers, agents and assigns, from any and all liability for any existing, pending or potential claims or causes of action, legal or equitable, I may have against them arising out ofthe allegations raised in this action, including any claims by Medicare and/or Social Security for reimbursement of any funds paid by them relating to this matter. I further agree to indemnify and hold hannless the Defendants in this action from and against any Medicare liens that may concern me and hereby acknowledge that satisfaction of any Medicare liens that concern me are my sole obligation, which I agree to pay or otherwise resolve. I hereby acknowledge that I have read and understand this release and have executed it voluntarily and with full knowledge ofits legal consequences.

GLORIA TOBIN 7950 SW 6th Place Ocala, Florida 34474

Date: ________, 2015

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APPENDJXB

NON-DISCRIMINATION POLICY

It is the policy ofTrinity Villas and Trinity Villas, Inc. to comply with Title VIII ofthe Civil Rights Act of I 96S (commonly kno\\'ll as the Fair Housing Act) by ensuring that apartments are available to all persons without regard to race, color, religion, national origin, disability, familial status, or sex.

This policy means, among other things, that Trinity Villas and Trinity Villas, Inc. and all agents or employees ofTrinity Villas, Inc. with the responsibility ofrenting, selling or managing any dwelling units must not discriminate in any aspect ofthe sale or rental of dwellings to qualified applicants or tenants. Such agents and employees must refrain from, among other things:

A. Discriminating in the sale or rental of, or otherwise making unavailable or denying to any person because of race, color, religion, sex, familial status (having children under 18), national origin, or a disability of the resident or of any person associated with the resident;

B. Discriminating against a person in the terms, conditions, or privileges of thc sale or rental ofa dwelling or in the provision of services or facilities in COIUlection with such dwelling, because ofrace, color, religion, sex, familial status (having children under 18), national origin, or a disability of the resident or ofany person associated with the resident;

C. Refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a resident with a disability an equal opportunity to use and enjoy a dwelling; and

D. Coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account ofhis/her having exercised or enjoyed, or an account ofhis/her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the Act.

Any agent or employee who fails to comply with this non-discrimination policy shall be subject to appropriate disciplinary action. Any action taken by an agent or employee that results in unequal service, treatment or behavior to residents on the basis ofrace, color, religion, sex, familial status (having children under 18), national origin, or disability may constitute a violation of state and federal fair housing laws. Any resident who believes that any ofthe above policies have been violated by any O\.\-ner, agent or employee may contact the U.S. Department of Housing and Urban Development at 1-800-669-9777, or the United States Attorney's Office at 813-274-6000.

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APPENDIXC

REQUEST FOR REASONABLE ACCOMODATION

If you, a member of your household, or someone associated with you has a disability, .and believes that there is a need for a reasonable accommodation which will provide you with an equaJ opportunity to use and enjoy your dwelling (e.g., transferring to a different apartment unit, the allowance of assistance animals, the creation or reservation ofaccessible parking, the installation of bathroom grab bars, etc.), please complete this fonn and return it to the Reasonable Accommodation Facilitator. The Reasonable Accommodation Facilitator will assist you in completing this fonn, and will respond to yom request in writing within two weeks (or sooner if the situation requires an immediate response).

Name of Resident or Potential Resident:

Today's Date: Signature ofResident or Potential Resident:

The person(s) who have a disability requiring a reasonable accommodation is:

Me __ A person associated or living with me.

Name ofperson with disability: ------------Telephone#: ------------------Address:

I, or persons associated or living with me, have a disability and request the following:

Reasons for the request:

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REQUESTER DATE

REASONABLE ACCOMODATION DATE FACILITATOR

NOTICE: No person, other than the Reasonable Accommodation Facilitator, at the Office of the Local Properly bas authority to deny your request for reasonable aecommo<lation. ·

Ifyou l1ave any questions or need assistance witfi this form please contact Trinity Villas, Inc. 's Reas1mable Accommodatio11 Facilitator at:

TelepIione: Fax: Trinity Villas, Inc.

(Address)

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APPENDIXD

Form to be completed by Reasonable Accommodation Facilitator and/or an employee at the local property if Requester cannot or will not complete written form:

On (date), the undersigned requester orally requested a reasonable accommodation to [describe dwelling unit]:

The reasonable accommodation consisted of:

1, the undersigned, __________Gob title) ofTrinity Villas:

Gave the requester the applicable fonns and assisted the requester in filling out the forms. The requester could not/refused to fill out the fonns, and I completed the form with requester's verbal information. Provided the completed forms to the Reasonable Accommodation Facilitator on

_ _____(Date). Other:

REQUESTER DATE

REQUESTER'S ADDRESS

REQUESTER'S TELEPHONE NUMBER OFFICE EMPLOYEE WHO ASSISTED DATE

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NOTICE: No person, otber than the Reasonable Accommodation Facilitator, a.t the Office of the Local Property has anthority to .deny your request for reasonable acoommod11tio11.

Jfyou have any questions Qr need assistance with th/$f<>rm please c<>ntact Trln#y Villas, Inc. 's Reasonable Accommodation Facilitator at:

Telephone: Fax: Trinity Villas, Inc. {Address)

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APPENDIXE

APPROVAL OR DENIAL OF RF;ASONABLE ACCOMMODATION RF;QUEST BY REASONABLE ACCOMMODATION FACILITATOR

Dear: _____-----Address: ----------~

On __,-:-----::-----(date), you requested the following reasonable accommodation [describe request]:

We have (check all that apply):

Approved your request. The following reasonable accommodation will be permitted [describe]:

The change is effective immediately, The reasonable accommodation will be IJl)rmitted by: ______(date) The change or exception you requested carmot be granted at Trinity Villas becai1se

However, we are willing to .;.·__________________in an effort to accommodate your disability, Can neither approve nor deny your request without further information [list information needed]:

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

-------------------------"

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We used the following facts to deny yourrequest [list]:

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

Ifyou disagree with this decision, you may file a complaint with the Department of Housing and Urban Development by visiting: http://portal.hud.gov/portal/page/portallHUD/topics/housing discrimination or by calling l-800669-9777, or you may contact the United States Attorney's Office, Middle District ofFlorida at 813-274-6000.

Sincerely,

Signature Date

Printed Name Reasonable Accommodation Facilitator

By signing below, the Requestor acknowledges receipt ofthis completed form:

Signature Date

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Case 5:13-cv-00566-WTH-PRL Document 12-1 Filed 07/02/15 Page 24 of 27 PagelD 100

NOTICE: No pe1-son, other than the Reasonable Accommodation Facilitator, at the Office of the Local Property has authority to deny your request for reasonable accommodation.

{{you have 011y questions or 11eed assistance with thisform please contact Tri11ity Villas, Inc. 's Reasonable Accommodation Facilitator at:

Telephone: Fax: Trinity Villas, l11c•. (Address)

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APPENDIXF

REASONABLE ACCOMMODATION POLICY FOR PERSONS WITH DISABILITIES

Ifa prospective resident, resident or family member ofa prospective resident or resident's household has a disability, he/she may request a reasonable acconunodation. Reasonable accommodations are changes, exceptions, or adjustments to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. '

It is preferred that all reasonable accommodation requests be submitted in writing to the Reasonable Accommodation Facilitator. Request forms for reasonable accommodations are available at the rental office. Ifa prospective resident, resident or household member has difficulty filling in the form, the Reasonable Acconunodation Facilitator or the Trinity Villas office persormel will assist him/her in completing the form. Oral requests for reasonable accommodations will be recorded and processed in accordance with this policy.

The Facilitator shall notify the requester in writing ofthe decision regarding the request within 14 days of the completed written request Ifthe Facilitator cannot grant the request as made, the Defendants, through the Facilitator, will engage in open discussions and/or engage in an interactive process with the resident or prospective resident in an effort to provide an alternate accommodation that satisfies the request. In the event the interactive process is unsuccessful, resulting in a denial ofthe request, an explanation ofthe basis for such denial shall be included in the written notification. Ifthe request is denied, the requesting resident may contact the Department ofHousing and Urban Development to file a complaint at: http://portal.hud.gov/portal/page/portal/HUD/topics/housing discrimination or by calling 1-800669-9777 or may contact the United States Attorney's Office, Middle District ofFlorida at 813274-6000.

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APPENDIXG

EMPLOYEE ACKNOWLEDGMENT

I acknowledge that on (date), I was provided copies of the Consent Decree entered by the Court in United States v. Trinity Villas, Inc. and Debbie Cra;iford, Individually, Civil Action No.: 5: B-CV-566-0c-lOPRL, amlthe non-discrimination and reasonable accommodation policies ofTrinity Villas, Inc. I have read and understand these documents and have had my questions, ifany, about these documents answered. I understand my legal responsibilities and shall comply with those responsibilities.

Signature

Print Name

Job Title

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APPENDIXH

CERTIFICATION OF FAIR HOUSING TRAINING

On (date), I attended training on the Federal Fair Housing Act, including its requirements concerning reasonable accommodations for people with disabilities. I have had all ofmy questions, ifany, concerning the Fair Housing Act answered to my satisfaction.

Signature

Print Name

Date

27