Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION

UNITED STATES OF AMERICA,

                                     Plaintiff,

                        v.                                                                    Case No.

JOHN H. BARRETT; BARRETT PROPERTIES,
INC.; JOHN H. BARRETT CONSTRUCTION CO.;
PLAYERS CLUB WEST, L.P.; POLO CLUB OF
ATHENS, L.L.C.; RIVERBEND CLUB
APARTMENTS, INC.; JBPC SOUTH, INC.;                      CONSENT DECREE
T.C. SOUTH, INC.; P.C. GREENVILLE, L.P.;
and T.C. NORTH, INC.,

                                       Defendants.
__________________________________________

I. INTRODUCTION

      This Consent Decree resolves the above-captioned case brought by the United States against defendants John H. Barrett; Barrett Properties, Inc.; John H. Barrett Construction Co.; Players Club West, L.P.; Polo Club of Athens, L.L.C.; Riverbend Club Apartments, Inc.; JBPC South, Inc.; T.C. South, Inc.; P.C. Greenville, L.P.; and T.C. North, Inc. (collectively "the defendants").

     The Complaint alleges that the defendants discriminated against persons with disabilities by failing to design and construct "covered multifamily dwellings" (as defined by 42 U.S.C. § 3604(f)(7)(B)) at the following apartment complexes ("the subject properties") in accordance with subsection 804(f)(3)(C) of the Fair Housing Act ("the Act"), 42 U.S.C. § 3604(f)(3)(C):

  • Players Club Apartments, which is located at 710 Georgia Avenue in Statesboro, Georgia (60 covered units);
  • Players Club West Apartments, which is located at 425 Riverbend Parkway in Athens, Georgia (15 covered units);
  • Players Club (or "Pirates Cove") Apartments, which is located at 1526 South Charles Boulevard in Greenville, North Carolina (48 covered units);
  • Riverbend Club Apartments, which is located at 355 Riverbend Parkway in Athens, Georgia (45 covered units);
  • Towne Club North Apartments, which is located at 260 Springdale Street in Athens, Georgia (28 covered units);
  • Towne Club South Apartments, which is located at 1818 Chandler Road in Statesboro, Georgia (13 covered units); and
  • Polo Club Apartments, which is located at 110 International Drive in Athens, Georgia (60 covered units).

      The Act provides that, for non-elevator residential buildings with four or more dwelling units such as those found at the subject properties, all ground-floor units that were designed and constructed for first occupancy after March 13, 1991, must include certain basic features of accessible and adaptable design to make such units usable by a person who is or who becomes disabled. 42 U.S.C. §§ 3604(f)(3)(C) and (f)(7)(B). The features of accessible and adaptable design required by the Act include:

  1. public and common use areas that are readily accessible to and usable by persons with disabilities;
  2. doors designed to allow passage into and within all premises that are sufficiently wide to allow passage by persons using wheelchairs;
  3. an accessible route into and through the dwelling;
  4. light switches, electrical outlets, thermostats, and environmental controls in accessible locations;
  5. reinforcements in bathroom walls to allow later installation of grab bars; and
  6. usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

42 U.S.C. § 3604(f)(3)(C). Defendants admit that they failed to design and construct the covered units and the common areas at the subject properties in compliance with the requirements of the Act.

     The parties agree that the claims against the defendants should be resolved without further proceedings or an evidentiary hearing. Therefore, as indicated by the signatures appearing below, the parties agree to the entry of this Consent Decree.

      It is hereby ORDERED, ADJUDGED and DECREED:

II. PROHIBITORY INJUNCTION

      Defendants, their officers, employees, agents, successors and assigns, and all other persons in active concert or participation with them are permanently enjoined from discriminating on the basis of disability, as prohibited by the Act 42 U.S.C. § 3604(f)(1), (2), and (3)(C), including the following actions:

  1. Discriminating in the sale or rental, or otherwise making unavailable or denying, a dwelling to any buyer or renter because of a disability of that buyer or renter, any person residing in or intending to reside in that dwelling after it is sold or made available, or any person associated with that buyer or renter;
  2. Discriminating against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of facilities in connection with such a dwelling, because of a disability of that person, a person residing in or intending to reside in the dwelling after it is sold, or any person associated with that person; and
  3. Designing and constructing covered multifamily dwellings in such a manner that:
    1. The public use and common use portions of the dwellings, including any rental or sales offices or other places of public accommodation within the meaning of Section 303(a)(1) of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §12183(a)(1), are not readily accessible to and usable by persons with disabilities;
    2. All the doors designed to allow passage into and within all premises within such dwellings are not sufficiently wide to allow passage by persons in wheelchairs;
    3. All premises within such dwellings do not contain the following features of adaptive design:
      1. An accessible route into and through the dwelling;
      2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
      3. Reinforcements in bathroom walls to allow later installation of grab bars; and
      4. Usable kitchens and bathrooms, such that an individual using a wheelchair can maneuver the space.
III. CORRECTIVE ACTIONS

A. General Provisions:

      Defendants shall take the corrective actions described in this Section with respect to the covered ground-floor dwellings and public and common use areas at the subject properties. In the event that defendants intend to sell any of the subject properties, defendants shall take all the mandatory corrective actions specified in Appendices A and B before it is sold.

B. Public and Common Use Areas:

     Defendants at their own expense shall undertake and complete the following actions within eighteen (18) months from the date of entry of this Decree, unless otherwise provided below:

  1. Modify the public and common use areas of each of the subject properties as specified in Appendix A, except that any modification listed in italics with an (*) shall be completed within six (6) months of the date of entry of this Decree.
  2. Provide written certification to the United States from an architectural firm (or other person or entity) with expertise in the design and construction requirements applicable to multi-family housing, approved by the United States, that Defendants have correctly made the modifications set forth in Appendix A. (1) This certification shall be based on an on-site survey of the modifications completed at each of the subject properties.

C. Required Retrofits at Dwelling Units:

  1. Appendix B hereto sets forth the retrofits which defendants must undertake at specified ground floor units at the subject properties. These retrofits are to be completed at an annual rate of no less than one-fourth (1/4) of the total covered units to be retrofitted at the subject properties until all retrofits of the individual units are completed. (2) Within thirty (30) days of date of entry of this Decree, defendants shall provide the United States with a proposed schedule for completion of the retrofits; but in no event shall the retrofits commence later than one (1) year from the date of entry of this Decree. All of the retrofits to be undertaken at the units specified in Appendix B must be completed within five (5) years after entry of this Decree.
  2. Defendants shall attempt to minimize any inconvenience to current and prospective tenants. If any of the accessibility modifications to units at the subject properties listed in Appendix B require dislocation of a current tenant or delay the move-in date for a prospective tenant beyond the scheduled date of occupancy, then defendants shall pay that person's reasonable relocation or housing expenses while the retrofits are being made, plus seven hundred and fifty dollars ($750.00) to compensate any such person for the inconvenience.
  3. In order to minimize the inconvenience to current tenants, defendants shall begin retrofitting those units that are currently vacant as of the entry date of the Decree. If any relocation of current tenants is, in fact, necessary, defendants will first attempt to relocate those tenants to other vacant units within the respective complex in order to minimize any relocation expenses.
  4. On a yearly basis beginning one year from the entry of this Decree, defendants shall provide a written certification to the United States from an architectural firm (or other person or entity) with expertise in the design and construction requirements applicable to multifamily housing, approved by the United States, that the modifications set forth in Appendix B at the units claimed to have been retrofitted by defendants during the applicable period have been correctly completed. This certification shall be based on on-site surveys conducted at the subject properties.

D. Additional Optional Alterations Available at Certain

Individual Units :

  1. The defendants shall provide the alterations specified at Appendix D to accommodate an identified person with a disability (3) upon the written request of a prospective tenant or tenant residing in a unit at a subject property at which these optional alterations shall be offered. Any such optional alterations shall be completed within forty-five (45) days from the date the written request to have such alterations undertaken is returned to the appropriate rental office.
  2. In the event that a tenant or prospective tenant requests to have an additional bedroom and/or bathroom retrofitted to accommodate another person with a disability as a tenant in a particular unit (as specified in Appendix D), then defendants shall pay that person's reasonable relocation or housing expenses while the retrofits are being made, plus seven hundred and fifty dollars ($750.00) to compensate any such person for the inconvenience.

E. Notification of Retrofits

  1. Within thirty (30) days of the entry of this Decree, the defendants shall provide a copy of the notice attached hereto as Appendix C to current tenants of any unit scheduled to be retrofitted as set forth in Appendix B or to which the provisions pertaining to the optional retrofits set forth in Appendix D shall apply. Such notice shall also be provided to any prospective tenant prior to the entry of any lease.
  2. The notice shall provide the following information:

    a. Units Subject to Mandatory Retrofit Requirements: The notice shall inform tenants or prospective tenants of the mandatory retrofit program and that, if any of the mandatory accessibility modifications require a dislocation of a current tenant or delays the move-in date for a prospective tenant beyond the scheduled date of occupancy, defendants shall pay that person's reasonable relocation or housing expenses while the retrofits are being made. Upon a personal inquiry from any tenant or prospective tenant, the defendants shall further identify that defendants shall pay seven hundred-fifty dollars ($750.00) to compensate any tenant dislocated by the retrofits for the inconvenience.

    b. Optional modifications: The notice shall inform tenants or prospective tenants of the availability of the optional modifications specified in Appendix D. It shall be sent with a self-addressed envelope and a form specifying what optional alterations may be made in the specific unit so that the tenant or prospect may mark which alterations he/she would like made to the unit and then return the form to the rental office at the subject property. The notice shall provide that the alterations may be requested at any time during the tenancy. The notice shall further specify that any such alterations shall be completed within forty-five (45) days from the date the election to have such alterations is returned to the appropriate rental office. It shall also provide that, in the event that a tenant or prospective tenant requests to have an additional bedroom and/or bathroom retrofitted to accommodate another person with a disability as a tenant in a particular unit (as specified in Appendix D), defendants shall pay that person's reasonable relocation or housing expenses while the retrofits are being made. Upon a personal inquiry from any tenant or prospective tenant, the defendants shall further identify that defendants shall pay seven hundred-fifty dollars ($750.00) to compensate any person dislocated by the retrofits for the inconvenience.

F. Nondiscriminatory Rental Procedures:

  1. Defendants shall not refuse to lease a unit in any of the subject properties to a person with a disability who applies for an apartment which is available for rent but has not yet been brought into compliance with the accessibility provisions of the Act. Instead, defendants shall inform prospective tenants and applicants that the apartment will be retrofitted at no expense to them before they move in; and defendants shall compete the retrofitting within thirty (30) days of receipt of a completed application by any such prospective tenant requesting such a unit.
  2. Defendants shall also include a provision, approved by the United States, in all leases that are signed or renewed after entry of this Decree specifying, that the defendants will have the right, upon sixty (60) days notice to the tenant, to modify the unit to bring it into compliance with the Act. Defendants shall also attach a copy of the notice in Appendix C to all such leases.
IV. NONDISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

     For a period of five (5) years from the date of entry of this Consent Decree, defendants shall submit to the United States information regarding any covered multifamily dwellings that they design and/or intend to build, including any additional dwellings at any of the subject properties. The information shall be submitted before any applications are made for initial building permits. The following information shall be submitted:

  1. The name and address of the project;
  2. The names and addresses of all architects and site engineers;
  3. A description of the project and the individual units, including number and type of dwellings and amenities in the project; and
  4. A statement by any architect whom the defendants employ and who is knowledgeable in the design and construction requirements of the Act, the ADA, and the relevant guidelines and regulations, describing his/her knowledge and training in accessible design, and which certifies that he/she has reviewed the architectural, mechanical, and civil engineering plans and that the plans include design specifications that fully comply with the requirements of 42 U.S.C. § 3604(f)(3)(C), 42 U.S.C. § 12183(a)(1), and 28 C.F.R. Part 36.

V. CIVIL PENALTY

     Within ten (10) days of the date of entry of this Decree, Defendants shall pay the total sum of FIVE THOUSAND DOLLARS ($5,000.00) to the United States as a civil penalty pursuant to 42 U.S.C. § 3614(d)(1)(C). Said sum shall be paid by sending to plaintiff's counsel a check made payable to "United States of America."

VI. FUND TO FURTHER FAIR HOUSING

     Within thirty (30) days of the entry of this Decree, the defendants shall make a payment of TEN THOUSAND DOLLARS ($10,000.00) to a fair housing or disability rights organization located in any of the geographical areas in which the subject properties are located. The organization chosen shall be made subject to approval by the United States. This payment shall be used to assist such organization in furthering fair housing for persons with disabilities in any of the geographical areas in which the subject properties are located. The check shall be made payable to the organization and sent to the United States for forwarding to such organization.

VII. EDUCATIONAL PROGRAM

     A. Within thirty (30) days of the entry of this Decree, defendants shall provide a copy of this Decree to all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings and secure the signed statement, attached hereto as Appendix E, from each agent or employee acknowledging that he/she has received, read and understands the Decree.

     B. Within thirty (30) days after the date on which a new employee or agent commences employment or an agency relationship with Defendants, each new employee or agent involved in the design, construction, rental, or sale of covered multifamily dwellings shall be given a copy of this Decree and be required to sign the statement, attached hereto as Appendix E, acknowledging that he/she has received, read and understands the Decree.

     C. Within thirty (30) days of the entry of this Decree, and on a yearly basis thereafter, beginning on or before the one year anniversary of the entry of this Decree, Defendants, and all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings shall attend a fair housing training session by a person(s) or entity approved by the United States. Defendants shall pay all costs of the training. Defendants shall secure a written certification from the trainer of each agent's and employee's attendance at the fair housing training.

VIII. PUBLIC NOTICE OF NONDISCRIMINATION POLICY

     A. During the term of this Decree, defendants shall post and prominently display the federal Fair Housing Poster as described by 24 C.F.R. 110.15 and 110.25 in the sales or rental offices of all dwellings owned or operated by them, including the subject properties, and in any other place in which persons may inquire about buying or renting dwellings from defendants.

     B. During the term of this Decree, defendants shall prominently include the phrase "Equal Housing Opportunity" or the fair housing logo as well as the phrase "Wheelchair Accessible" or the international symbol of accessibility in all newspapers and other written advertisements for dwellings rented by defendants. If human models are used in any promotional literature, defendants shall use some models who use wheelchairs in such promotional literature.

      C. Once the subject properties have been brought into compliance with the Act and the ADA, through implementation of the corrective actions set forth in Section III, above, and for the term of this Decree, defendants shall place in a conspicuous location in all future advertisements, brochures and promotional literature (including advertisements or promotional materials on the internet) regarding the subject properties, a statement that the dwelling units meet the Act's accessibility requirements at 42 U.S.C. § 3604(f)(3).

IX. ADDITIONAL REPORTING AND DOCUMENT
RETENTION REQUIREMENTS

     A. For the duration of this Decree, defendants shall advise counsel for the United States in writing within fifteen (15) days of receipt of any formal or informal complaint against them, their employees or agents, regarding equal opportunity in housing, including any complaints of discrimination under the Act or the ADA. Defendants shall also promptly provide the United States all information it may request concerning any such complaint.

     B. For the duration of this Decree, Defendants are required to preserve all records related to this Decree regarding the subject properties and all future covered multifamily dwellings designed, constructed, owned, operated or acquired by them. Upon reasonable notice to Defendants, representatives of the United States shall be permitted to inspect and copy any of Defendants' records or inspect any covered dwelling or any covered public and common use areas under Defendants' control at any and all reasonable times so as to determine compliance with the Consent Decree.

     C. Within one hundred and eighty (180) days after the entry of this Decree, and thereafter on the anniversary of entry of this Decree throughout the term of the Decree, Defendants shall submit a report that includes the following:

  1. All documents respecting the modifications required in section III of this Decree;
  2. The signed statement of each agent and employee acknowledging that he/she received, read and understands the Decree;
  3. Written certification of each agent's and employee's attendance at fair housing training; and
  4. All advertising or promotional literature regarding the Defendants' covered multifamily dwellings.

X. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION

     A. Except for certain subject properties that may be sold in an arm's length transaction as allowed below, this Consent Decree shall remain in effect for five (5) years and three (3) months after the date of its entry.

     B. Upon the expiration of three (3) years and three (3) months from the entry of this Decree, defendants shall have the right to sell any or all of the subject properties in an "arm's length" transaction. (4) An "arm's length transaction" is a sale for fair market value to any person(s) not currently employed by, or otherwise associated with, the defendants and in which the defendants retain no direct or indirect interest or benefit in the subject property. The arm's length transaction sale of any subject property shall have the effect of terminating the application of this Consent Decree to that subject property, assuming the following pre-conditions for the sale of the subject property have been met:

  1. Defendants have completed all of the mandatory retrofits required by this Consent Decree;
  2. Defendants have provided all of the annual certifications required under Section III C.4 or have otherwise submitted any such certification in advance of the annual reporting date to certify completion of all of the mandatory retrofits required under this Consent Decree.
  3. Defendants have provided to the United States at least sixty (60) days advance notice indicating that defendants, or any one of them, intend to sell one or all of the subject properties and identifying such properties. The United States may inspect the property or properties within that sixty (60) days to confirm that the mandatory retrofits have been completed as certified. If defendants' notice applies to more than two (2) complexes at any one time, the United States shall be afforded an additional forty-five (45) days for each additional two properties to complete its inspection of the properties;
  4. Defendants have provided to the United States at least thirty (30) days prior to entering into a binding contract for the sale of any subject property the following information regarding the sale and any prospective purchaser: name, address, telephone number, certification that the prospective purchaser is not currently employed by or otherwise associated with the defendants and that the proposed sale is an "arms length" transaction, and any other documents requested by the United States for purposes of ensuring that the sale is an arm's length transaction;
  5. The United States, within thirty (30) days of receiving the notice specified in paragraph 4, has not objected to the sale based on a failure to meet the requirements of this Section X; and
  6. Defendants have complied with the requirements of this Consent Decree.

     C. By consenting to entry of this Decree, the United States and defendants agree that in the event that defendants engage in any future violation(s) of the Fair Housing Act, such violation(s) shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 3614(d)(1)(C)(ii).

     D. The Complaint in this action is dismissed with prejudice. The Court, however, shall retain jurisdiction for the term of this Consent Decree to enforce the terms of the Decree. The United States may move the Court to extend the duration of the Decree in the interests of justice.

     E. The United States and Defendants 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 Defendants to perform in a timely manner any act required by this Decree or otherwise to act in conformance with any 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 of such act or deeming such act to have been performed, and an award of any damages, costs, and reasonable attorneys' fees which may have been occasioned by the violation or failure to perform.

XI.TIME FOR PERFORMANCE

     Any time limits for performance imposed by this Consent Decree may be extended by the mutual agreement of the United States and the relevant Defendants.

XII. COSTS OF LITIGATION

     Each party to this Consent Decree shall bear its own costs and attorney's fees associated with this litigation.

      IT IS SO ORDERED:

     This ______ day of _________________, 2002.                                         

_______________________________
UNITED STATES DISTRICT JUDGE

     Agreed to by the parties as indicated by the signatures of counsel below.

FOR DEFENDANTS:

_____________________________
CHARLES A. EDWARDS
M. TODD SULLIVAN
Womble, Carlyle, Sandridge &
Rice
150 Fayetteville Street Mall Suite 2100
Raleigh, NC 27602
(919) 755-2184

Date:_______________________

FOR THE PLAINTIFFS
RALPH F. BOYD JR.
Assistant Attorney General
Civil Rights Division

F. MAXWELL WOOD
United States Attorney

_________________________
JOAN A. MAGAGNA
Chief
ISABELLE M. THABAULT
Deputy Chief
CHARLA D. JACKSON
MYRON S. LEHTMAN
Attorneys
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Civil Rights Division
Housing & Civil Enforcement Section -
G Street
Washington, D.C. 20530
(202) 514-4738

Date:______________________

APPENDIX A

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON
USE AREAS

APPENDIX A-1

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
RIVERBEND CLUB - ATHENS, GA

     Defendants shall retrofit the public and common use areas at Riverbend Club Apartments in Athens, GA by undertaking the following corrective actions for one unit per building in buildings 1, 2,3, 4, 7, 8. and 9 and the rental office at that complex:

BUILDING(S)MODIFICATION
1,2,3,4, rental office (*) Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
1,2,3,4, rental office (*) Replace knob lockset and install lever hardware on entrance doors (Req. 2; Section 4.13.9).
1,2,3,4, rental office (*) Replace thresholds so that they are
1,2,3,4, pool entrance (*) Correct maneuvering space at entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
Rental Office (*) Widen door so that clear width is >32" (Req. 2; Section 4.13.5).
Rental Office (*) Widen maneuvering space beside door in toilet room so that width is >18" (Req. 2; Section 4.13.6).
1,7, pool entrance (*) Replace curb ramps so that slope is
1,4,7, pool entrance (*), Replace curb ramps so that vehicles do not block access (Req. 2; Section 4.3.3)
1,4,7, pool entrance (*), rental officeReplace curb ramps so that slope on flared end is
2,3,8,9 Provide curb ramps at routes from accessible parking to paths leading to dwelling units (Req.2; Section 4.3.8)
4, pool entrance (*),rental office (*) Provide curb ramp so that cross slope does not exceed 2% (Req. 2; Section 4.3.7)
10, pool entrance (*) Re-pave concrete to eliminate abrupt vertical rise of 1" (Req. 2; Section 4.7.2)
1,4,8,9,pool (*)Install wheel stops at routes from parking to dwelling units (Req. 2; Section 4.6.2).
1,2,3 Trim branches so that they do not overhang paths from parking leading to dwelling units (Req. 2; Section 4.4.1)
1,2,3,4,pool (*) Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
2,3, pool (*) Rebuild paths to dwelling units so that cross slope is
2,3,7,8,9, route from street into complex Rebuild paths to dwelling units so that slope is
Route from parking to pool (*) Install paved path (Req. 2; Section 4.5.1).
1,8,9, pool entrance(*)Repaint stripes to provide accessible aisles (Req. 2; Section 4.6.2)
1,2,3,4,8,9, pool (*) Install accessible parking signs (Req. 2; Section 4.6.2)
1,2,3, pool entrance(*) Relocate or replace curb ramps so that slope in parking access aisle is
Rental Office (*) Relocate parking to level area so that cross-slope is
Rental Office (*)Install grab bars in men's and women's toilet rooms (Req. 2; Section 4.17.6)
Rental Office (*) Replace lever faucet hardware in men's and women's toilet rooms (Req. 2; Section 4.25.4)
Rental Office (*) Reconfigure toilet partitions and plumbing fixtures in women's toilet room to comply with Fair Housing Accessibility Guidelines (Req. 2; Section 4.16.1).
Rental Office (*) Reconfigure fixture layout in women's toilet room and install according to Fair Housing Accessibility Guidelines (Req. 2; Section 4.22.2).
Rental Office (*) Replace side and front toilet partitions so that they comply with Fair Housing Accessibility Guidelines (Req. 2; Section 4.17.4)

APPENDIX A-2

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
PLAYERS CLUB/PIRATE'S PLACE - GREENVILLE, NC

     Defendants shall undertake the following corrective actions to the public and common use areas at Players Club/Pirate's Place Apartments in Greenville, NC (5):

BUILDING(S)MODIFICATION
1,2,3,4,5,6,7,8,9,10,11,12 Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
1,2,3,4,5,6,7,8,9,10,11,12, rental office (*) Replace knob lockset and install lever hardware on entrance doors (Req. 2; Section 4.13.9).
1,2,3,4,5,6,7,8,9,10,11,12 Replace thresholds so that they are
2,5,6,7,8,9,10,11,12,rental office (*) Correct maneuvering space at entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
8,10,11 Replace curb ramps so that slope is
Mailboxes (*)Install curb ramp (Req.2; Section 4.3.8)
1,2,8,10, rental office (*) Replace curb ramps so that slope on flared end is
Sidewalks near parking area (*) Install wheel stops (Req. 2; Section 4.3.3)
2,3 Trim branches so that they do not overhang paths from parking leading to dwelling units (Req. 2; Section 4.4.1)
2,3,9 Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
1,2,10 Rebuild paths to dwelling units so that cross slope is
9,10 Rebuild paths to dwelling units so that slope is
9, rental office (*) Install paved path at sidewalk so that vertical change is <.5 section="">
3,9,10,11 Repaint stripes to provide accessible aisles at least 5' wide (Req. 2; Section 4.6.2)
8 Install accessible parking signs (Req. 2; Section 4.6.2)
1,8,10, rental office (*) Relocate or replace curb ramps so that slope in parking access aisle is
Rental Office (*) Relocate parking to level area so that cross-slope is
Tennis Courts (*) Widen maneuvering space to >18" beside door at court gate (Req. 2; Section 4.13.6)
Tennis Courts (*) Correct maneuvering space so that slope is
Tennis Courts (*) Regrade and reconstruct path at sidewalk to tennis court so that slope is
Rental Office (*) Regrade and reconstruct path at sidewalk so that cross-slope is

APPENDIX A-3

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
POLO CLUB - ATHENS

     Defendants shall undertake the following corrective actions to the public and common use areas at Polo Club Apartments in Athens, GA (6):

BUILDING(S)MODIFICATION
1,2,3,4,5,6,7,8,9,10,11,12, 13, 14, clubhouse (*)Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
1,2,3,4,5,6,7,8,9,10,11,12,13,14, clubhouse (*)Replace knob lockset and install lever hardware on entrance doors (Req. 2; Section 4.13.9).
1,2,3,4,5,6,7,8,9,10,11,13Correct maneuvering space at dwelling unit entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
2,3,7,8,9,10,11,12,tennis courts, clubhouse (*) Replace curb ramps so that slope is
2,4,5,6,clubhouse (*)Replace curb ramps so that cross-slope is
Basketball/Volleyball court (*)Install curb ramp (Req.2; Section 4.3.8)
1,3,6,7,8,9,10,11,12 clubhouse, tennis courts (*) Replace curb ramps so that slope on flared end is
1,2,3,4,5,6,7,8,9,10,11,13,14, clubhouse (*)Install wheel stops (Req. 2; Section 4.3.3)
1,2,3,4,5,7,8,9,12,13,14 tennis courts, route from street, clubhouse (*) Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
1,2,6,7,8,9,10,11,12, clubhouse (*)Rebuild paths to dwelling units so that cross slope is
2,8,clubhouse (*)Remove solitary step at sidewalk; new pavement should slope no more than 5% (Req.2; Sect. 4.3.8)
5 Relocate or replace curb ramps so that cross-slope in parking access aisle is
13 Eliminate vertical change in path so that rise is <.5 section="">
1,3,5 Rebuild paths to dwelling units so that slope is
Basketball court (*)Install accessible paved path (Req. 2; Section 4.5.1)
Basketball/Volleyball court (*) Re-stripe to provide accessible parking space at least 5' wide (Req. 2; Section 4.6.2)
1,2,3,4,5,7,8,9,13 (*)Install accessible parking signs (Req. 2; Section 4.6.2)
3,4,10,11,12,tennis courts (*) Relocate or replace curb ramps so that slope in parking access aisle is
3,4 Relocate or replace curb ramps so that cross-slope in parking access aisle is
Clubhouse (*) Relocate parking to level area so that cross-slope is
Clubhouse (*)Widen maneuvering space to >18" beside door in men's and women's toilet rooms (Req. 2; Section 4.13.6)
Clubhouse (*) Relocate water closet so that it is

APPENDIX A-4

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
PLAYERS CLUB - STATESBORO

     Defendants shall undertake the following corrective actions to the public and common use areas at Players Club Apartments in Statesboro, GA for the covered buildings containing the 14, 22-bedroom and 20, 4-bedroom units (buildings 11, 14,15,20,21, 23,24,25,26 and 27) subject to the mandatory retrofits provisions in Appendix B:

BUILDING(S)MODIFICATION
11,14,15,20,21,23,24,25,26,27,rental office (*)Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
11,14,15,20,21,23,24,25,26,27,rental office (*)Replace knob lockset and install lever hardware on entrance doors (Req. 2; Section 4.13.9).
25,26,27,rental office (*) Replace thresholds so that they are
14,15,25 Correct maneuvering space at dwelling unit entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
Route from street to complex Replace curb ramps so that slope is
Tennis, volleyball, basketball courts (*)Provide 1 accessible parking space (Req. 2; Section 2.2)
11,14,15,20,21,23,24,25,26,27,rental office(*) Provide curb ramps at routes from accessible parking to paths leading to dwelling units (Req.2; Section 4.3.8)
14 Eliminate vertical change in grade on section of sidewalk so that it is <.5 section="">
15 Eliminate solitary step on sidewalk to dwelling unit (Req. 2; Section 4.3.8)
Route from street to complexProvide curb ramp so that cross slope does not exceed 2% (Req. 2; Section 4.3.7)
11,14,20,21,23,24,25,26,27 Install wheel stops at routes from parking to dwelling units (Req. 2; Section 4.6.2).
11,14,15,23 Trim branches so that they do not overhang paths from parking leading to dwelling units (Req. 2; Section 4.4.1)
21,25 Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
14,20,21,23,26,27 Rebuild paths to dwelling units so that cross slope is
11,14,15,20,21,24,25,26,27 Provide accessible spaces - 1 space per building (Req. 2; Section 4.6.2)
Rental Office(*) Install grab bars in men's and women's toilet rooms (Req. 2; Section 4.17.6)

APPENDIX A-5

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
TOWNE CLUB - STATESBORO

     Defendants shall undertake the following corrective actions to the public and common use areas at Towne Club Apartments in Statesboro, GA (7):

BUILDING(S)MODIFICATION
3,6, rental office (*)Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
3,4,6, rental office (*) Replace knob lockset and install lever hardware on entrance doors (Req. 2; Section 4.13.9).
3,4,6 Replace thresholds so that they are
3,4,6 Correct maneuvering space at dwelling unit entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
4,6,9 Provide curb ramps at routes from accessible parking to paths leading to dwelling units (Req.2; Section 4.3.8)
9 Provide curb ramp so that cross slope does not exceed 2% (Req. 2; Section 4.3.7)
4Re-pave pathway from sidewalk to dwelling unit so that it is level and <.5 section="">
4,6,rental office (*) Install wheel stops at routes from parking to dwelling units (Req. 2; Section 4.6.2).
4Trim branches so that they do not overhang paths from parking leading to dwelling units (Req. 2; Section 4.4.1)
3,6Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
Rental office (*)Remove solitary step (Req. 2; Section 4.3.8)
6,9 Rebuild paths to dwelling units so that slope is
3,4,6,9,10 Provide 2 parking spaces (Req. 2; Section 2.2)
Rental office (*) Install accessible aisle at parking space (Req. 2; Section 4.6.2)
Rental office(*) Install accessible parking signs (Req. 2; Section 4.6.2)
Rental office (*)Install grab bars in men's and women's toilet rooms (Req. 2; Section 4.17.6)
Rental office (*)Widen maneuvering space by door in men's toilet room so that it is >18" (Req. 2; Section 4.13.6)
Rental office (*) Remove stall door in men's and women's toilet rooms so that clear opening is > 32" (Req. 2; Section 4.17.5)
Rental office (*)Reconfigure toilet partitions and plumbing fixtures in women's toilet room to comply with Fair Housing Accessibility Guidelines (Req. 2; Section 4.22.2).
Rental office (*)Reconfigure fixture layout in women's toilet room and install according to Fair Housing Accessibility Guidelines (Req. 2; Section 4.22.2).
Rental office (*) Replace side and front toilet partitions so that they comply with Fair Housing Accessibility Guidelines (Req. 2; Section 4.17.4)

APPENDIX A-6

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
PLAYERS CLUB WEST - ATHENS

     Defendants shall undertake the following corrective actions to the public and common use areas at Players Club West Apartments in Athens, GA : (8)

BUILDING(S)MODIFICATION
1,2,3,4 Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
1,2,3,4 Replace knob lockset and install lever hardware on dwelling unit entrance doors (Req. 2; Section 4.13.9).
2,3,4 Correct maneuvering space at dwelling unit entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
2,3 Replace curb ramps so that slope is
1,2,3 Replace curb ramps so that slope on flared end is
2,3,4 Provide curb ramp so that cross slope does not exceed 2% (Req. 2; Section 4.3.7)
2 Eliminate solitary step at path to dwelling unit (Req. 2;Section 4.3.8)
1,2,3,4 Install wheel stops at routes from parking to dwelling units (Req. 2; Section 4.6.2).
2,3 Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
2 Repaint stripes to provide accessible aisles so that cross-slope is
1,2,3,4 Install accessible parking signs (Req. 2; Section 4.6.2)
1,2 Relocate or replace curb ramps so that slope in parking access aisle is

APPENDIX A-7

ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT
TOWNE CLUB - ATHENS

     Defendants shall undertake the following corrective actions to the public and common use areas at Towne Club Apartments in Athens, GA : (9)

BUILDING(S) MODIFICATION
1,2,3,5,6,7,rental office (*) Lower thresholds to <.75 on="" common="" use="" doors="" that="" are="" not="" exterior="" sliding="" section="">
1,2,3,5,6,7,rental office (*) Replace knob lockset and install lever hardware on entrance doors (Req. 2; Section 4.13.9).
1,2,3,6, pool entrance (*) Correct maneuvering space at entrance doors so that slopes do not exceed 2% (Req. 2; Section 4.13.6)
Curb ramp at streetReplace curb ramps so that slope is
Curb ramp at street Replace curb ramps so that slope on flared end is
1,2,3,5,6,7,rental office (*) Provide curb ramps at routes from accessible parking to paths leading to dwelling units (Req.2; Section 4.3.8)
Curb ramp at street Provide curb ramp so that cross slope does not exceed 2% (Req. 2; Section 4.3.7)
1,7Widen accessible path from sidewalk to dwelling unit so that it is >36" (Req. 2; Section 4.3.3)
1,2,3,5,6,7,rental office (*) Install wheel stops at routes from parking to dwelling units (Req. 2; Section 4.6.2).
1,3Trim branches so that they do not overhang paths from parking leading to dwelling units (Req. 2; Section 4.4.1)
6, rental office (*) Re-grade and reconstruct paths from sidewalk to dwelling units with a maximum slope of 5% (Req. 2; Section 4.3.7)
1,3,5,6,7Eliminate vertical change in path so that it is >.5" (Req. 2; Section 4.5.2)
3Rebuild paths to dwelling units so that cross slope is
5,6Repaint stripes to provide accessible aisles (Req. 2; Section 4.6.2)
5,6, rental office (*) Install accessible parking signs (Req. 2; Section 4.6.2)
Rental office (*) Install grab bars in men's and women's toilet rooms (Req. 2; Section 4.17.6)

APPENDIX B

REQUIRED ACCESSIBILITY MODIFICATIONS TO COVERED
GROUND FLOOR UNITS

APPENDIX B-1

ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
COVERED GROUND FLOOR UNITS
RIVERBEND, ATHENS

     Defendants shall undertake the following corrective actions to the interiors of one unit per building in buildings 1, 2, 3, 4, 7, 8, and 9 of the covered ground floor units at Riverbend Club, Athens.

  • Number of covered units: 45
  • Number of covered units to be retrofitted: 7

Type of Unit:      Four Bedroom Units (10)

ITEMS TO BE RETROFITTED: MODIFICATION:
Bedroom doors:Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3). (11)
Bathroom (one):Provide grab bar reinforcements for water closet and bathtub (Req. 6). (12)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32". (Req. 3).

Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii))

At water closet, provide for 18" from side wall, shower or bathtub (Req. 7; (2)(b)(iv)).

At water closet, provide side approach clearance of 48" X 56" (Req. 7; (2)(b)(ii)).

Provide a 30" X 48" clear space beyond the swing of the door (Req. 7; (2)(b)(i)).

Provide a 30" X 48" parallel clear space at lavatory (Req. 7; (2)(b)(ii)). (13)

Thermostat: Lower thermostat to 54" (Req. 5)
Main entrance: Modify threshold at door so that it is no > .75". (Req. 4);(4))

Modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4); (4))

Provide a door with a nominal clear width of 32" (Req. 3). (14)

APPENDIX B-2

ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
COVERED GROUND FLOOR UNITS
PLAYERS CLUB/PIRATE'S PLACE, GREENVILLE

     Defendants shall undertake the following corrective actions to the interiors of the covered ground floor units at Players Club/Pirates' Place, Greenville, NC:

  • Total number of covered units: 48
  • Total number of units to be retrofitted: 46 (15)

1. Type of Unit:    Four Bedroom Units.

ITEMS TO BE RETROFITTED: MODIFICATION
Bedroom doors: Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3).
Bathroom (one): Provide grab bar reinforcements for water closet and bathtub (Req. 6). (16)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii)) (17)

Provide forward approach to water closet of 48" X 66" (Req. 7; 2(b)iv)

Provide a 30" X 48" clear space beyond the swing of the door. (Req. 7; (2)(b)i)

Thermostat: Lower thermostat to 54" (Req. 5)
Entrance: Provide a door with a nominal clear width of 32" (Req. 3) (18)

Modify threshold at door so that it is no > .75". (Req. 4);(4))

Modify threshold at door so that it is beveled with a slope no > 1:2 (Req. 4); (4))

2. Type of Unit:      Four Bedroom Units ("Accessible" Model).

ITEMS TO BE RETROFITTED: MODIFICATION:
Thermostat: Lower thermostat to 54" (Req. 5)

APPENDIX B-3

ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
COVERED GROUND FLOOR UNITS
POLO CLUB, ATHENS

     Defendants shall undertake the following corrective actions to the interiors of the covered ground floor units at Polo Club, Athens.

  • Total number of covered units: 60
  • Total number of units to be retrofitted: 51 (19)

1. Type of Unit:      Two Bedroom Units. (20)

ITEMS TO BE RETROFITTED: MODIFICATION:
Bedroom doors: Widen door to one bedroom to provide nominal clear width of 32" (Req. 3).
Bathroom (one): Provide grab bar reinforcements for water closet and bathtub (Req. 6). (21)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii)) (22)

Thermostat: Lower thermostat to 54" (Req. 5)

2. Type of Unit:      Three Bedroom Units

ITEMS TO BE RETROFITTED: MODIFICATION:
Bedroom doors:Widen door into one bedroom to provide nominal clear width of 32" (Req. 3).
Bathroom (one): Provide grab bar reinforcements for water closet and bathtub (Req. 6). (23)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

Modify bathroom to provide a 30" X 48" clear space beyond the swing of the door and at lavatory. (Req. 7; (2)(a)(i) and (ii)). (24)

Thermostat: Lower thermostat to 54" (Req. 5)
* * *

3. Type of Unit:      Four Bedroom Units

ITEMS TO BE RETROFITTED: MODIFICATION:
Bedroom doors: Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3).
Bathroom (one):Provide grab bar reinforcements for water closet and bathtub (Req. 6). (25)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii)) (26)

Provide forward approach to water closet of 48" X 66" (Req. 7; 2(b)iv)

Provide a 30" X 48" clear space beyond the swing of the door. (Req. 7; (2)(b)i)

Thermostat:Lower thermostat to 54" (Req. 5)
Laundry:Provide a nominal clear width of 32" at door (Req. 3) (27)
Entrance: Modify threshold at door so that it is no > .75". (Req. 4);(4))

Modify threshold at door so that it is beveled with a slope no > 1:2 (Req. 4); (4))

APPENDIX B-4

ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
COVERED GROUND FLOOR UNITS
PLAYERS CLUB, STATESBORO

     Defendants shall undertake the following corrective actions to the interiors of the covered ground floor units at Players Club, Statesboro:.

  • Total number of covered units: 60
  • Total number of units to be retrofitted: 34 (28)

1. Type of Unit:      Two Bedroom Units.

ITEMS TO BE RETROFITTED: MODIFICATION:
Bedroom doors: Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3).

Provide grab bar reinforcements for water closet and bathtub (Req. 6). (29)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii)) (30)

Thermostat: Lower thermostat to 54" (Req. 5)

2. Type of Unit:       Four Bedroom Units

ITEMS TO BE RETROFITTED: MODIFICATION:
Bedroom doors:Widen door into one bedroom to provide nominal clear width of 32" (Req. 3).
Bathroom (one): Provide grab bar reinforcements for water closet and bathtub (Req. 6). (31)

Widen door from one bedroom into one bathroom to provide nominal clear width of 32". (Req. 3).

Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii))

At water closet, provide for 18" from side wall, shower or bathtub (Req. 7; (2)(b)(iv)).

At water closet, provide side approach clearance of 48" X 56" (Req. 7; (2)(b)(ii)).

Provide a 30" X 48" clear space beyond the swing of the door (Req. 7; (2)(b)(i)).

Provide a 30" X 48" parallel clear space at lavatory (Req. 7; (2)(b)(ii)). (32)

Thermostat: Lower thermostat to 54" (Req. 5)

APPENDIX B-5

ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
COVERED GROUND FLOOR UNITS
TOWNE CLUB, STATESBORO

     Defendants shall undertake the following corrective actions to the interiors of the covered ground floor units at Towne Club, Statesboro:

  • Total number of covered units: 13
    • Total number of units to be retrofitted: 10 (33)

    Type of Unit:     Four Bedroom Units.

    ITEMS TO BE RETROFITTED:MODIFICATION:
    Bedroom doors:Widen door into two bedrooms to provide nominal clear width of 32" (Req. 3).
    Bathroom (one):Provide grab bar reinforcements for water closet and bathtub (Req. 6). (34)

    Widen doors (4) from two bedrooms into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

    Main Entrance:Replace knob lockset with lever hardware (Req. 2; Section 4.13.9)

    Modify threshold so that it is no > .75" . (Req. 2; Section 4.13.8).

    Modify inside portion of threshold so that is beveled with a slope no > 1:2 (Req. 2; Section 4).

    Thermostat:Lower thermostat to 54" (Req. 5)

    APPENDIX B-6

    ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
    COVERED GROUND FLOOR UNITS
    PLAYERS CLUB WEST, ATHENS

         Defendants shall undertake the following corrective actions to the interiors of the covered ground floor units at Players Club West, Athens:

    • Total number of covered units: 15
    • Total number of units to be retrofitted: 10 (35)

    Type of Unit:     Three Bedroom Units.

    ITEMS TO BE RETROFITTED: MODIFICATION:
    Bedroom doors:Widen door into one bedroom to provide nominal clear width of 32" (Req. 3).
    Bathroom (one):Provide grab bar reinforcements for water closet and bathtub (Req. 6). (36)

    Widen door from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

    Modify bathroom to provide a 30" X 48" clear space beyond the swing of the door and at lavatory. (Req. 7; (2)(a)(i) and (ii). (37)

    Thermostat:Lower thermostat to 54" (Req. 5)

    APPENDIX B-7

    ACCESSIBILITY MODIFICATIONS TO INTERIORS OF
    COVERED GROUND FLOOR UNITS
    TOWNE CLUB, ATHENS

         Defendants shall undertake the following corrective actions to the interiors of the covered ground floor units at Towne Club, Athens:

    • Total number of covered units: 28
    • Total number of units to be retrofitted: 18 (38)l

    Type of Unit:      Four Bedroom Units.

    ITEMS TO BE RETROFITTED: MODIFICATIONS:
    Bedroom doors:Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3).
    Bathroom (one):Provide grab bar reinforcements for water closet and bathtub Req. 6). (39)

    Widen doors (2) from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

    Main Entrance:Replace knob lockset with lever hardware (Req. 2; Section 4.13.9)

    Modify threshold so that it is no > .75" . (Req. 2; Section 4.13.8).

    Modify inside portion of threshold so that is beveled with a slope no > 1:2 (Req. 2; Section 4).

    Thermostat:Lower thermostat to 54" (Req. 5)

    APPENDIX C

    NOTICE TO TENANTS

    To Our Residents and Prospective Residents:

    Federal law requires that certain multi-family dwellings, including the ground floor units and public and common use areas at ________________________, contain accessibility features for persons with disabilities. Over the next few years, we will be undertaking a program of retrofits to individual units and the public and common use areas to make them more accessible to persons with disabilities. A list of mandatory retrofits we will be undertaking is available at the leasing office. As detailed below, certain additional optional retrofits will be available to qualified individuals upon request. We do not anticipate that current residents will have to be relocated during the term of their tenancy or that prospective residents will have their move-in dates delayed because of the retrofits we will be undertaking.

    In addition to the mandatory retrofits we will be phasing into the public and common use areas and ground floor units, we will be offering additional optional retrofits to certain ground floor units. The list of optional retrofits available at this community is attached. These optional retrofits are available upon our receipt of a written request from a person with a disability who is either a lessee, a person intending to reside in the dwelling after it is leased, or any person associated with a lease of the subject property (e.g., children, parents, or friends). These retrofits may be requested at any time during a tenancy and will be completed within forty-five (45) days of our receipt of the request. Residents or prospective residents may request to have an additional bedroom and/or bathroom retrofitted to accommodate another person with a disability as a resident in a particular unit.

    In the event mandatory or optional retrofits are performed and it results in the dislocation of a tenant, the tenant will be moved at no expense to the tenant. Any such tenant should discuss with the leasing office what precise arrangements will made available to that person.

    Should you have questions regarding this letter, please contact the leasing office at ______________ or the Department of Justice, Civil Rights Division at (800) 896-7743.

    Sincerely,

    XXXXXXXXXX
    XXXXXXXXXX

    APPENDIX D

    OPTIONAL ACCESSIBILITY MODIFICATIONS TO COVERED
    GROUND FLOOR UNITS AVAILABLE UPON REQUEST

    APPENDIX D-1

    OPTIONAL MODIFICATIONS TO UNITS REQUIRED TO BE RETROFITTED

         The following additional modifications shall be available at any of the units to be retrofitted as specified in Appendix B:

    TOWNE CLUB, ATHENS:

    • Remove door from laundry room and install stacked washer/dryer combination
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6)
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).

    PLAYERS CLUB WEST, ATHENS:

    • Repave the patio or otherwise provide access to the patio so that the patio has a surface no > ½ inch below the level of the interior of the dwelling unit
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.

    POLO CLUB, ATHENS:

    • In the three bedroom units, repave the patio or otherwise provide access to the patio so that the patio has a surface no > ½ inch below the level of the interior of the dwelling unit
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.

    PLAYERS CLUB , STATESBORO:

    • Repave the patio or otherwise provide access to the patio so that the patio has a surface no > ½ inch below the level of the interior of the dwelling unit
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6). (40)
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.

    RIVERBEND, ATHENS:

    • Repave the patio or otherwise provide access to the patio so that the patio has a surface no > ½inch below the level of the interior of the dwelling unit
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.

    PLAYERS CLUB, GREENVILLE

    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.

    APPENDIX D-2

    OPTIONAL MODIFICATIONS TO COVERED UNITS AT RIVERBEND, ATHENS

         The following optional modifications shall be provided to any of the covered units at Riverbend, Athens which are not required to be retrofitted pursuant to Appendix B-1: (41)

    ITEMS TO BE RETROFITTED: MODIFICATION:
    Bedroom doors:Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3). (42)
    Bathroom (one):Provide grab bar reinforcements for water closet and bathtub (Req. 6). (43)

    Widen door from one bedroom into one bathroom to provide nominal clear width of 32". (Req. 3).

    Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii))

    At water closet, provide for 18" from side wall, shower or bathtub (Req. 7; (2)(b)(iv)).

    At water closet, provide side approach clearance of 48" X 56" (Req. 7; (2)(b)(ii)).

    Provide a 30" X 48" clear space beyond the swing of the door (Req. 7; (2)(b)(i)).

    Provide a 30" X 48" parallel clear space at lavatory (Req. 7; (2)(b)(ii)). (44)

    Thermostat:Lower thermostat to 54" (Req. 5)
    Main entrance: Modify threshold at door so that it is no > .75". (Req. 4);(4))

    Modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4); (4))

    Provide a door with a nominal clear width of 32" (Req. 3). (45)

    ADDITIONAL OPTIONAL MODIFICATIONS

    • Repave the patio or otherwise provide access to the patio so that the patio has a surface no > ½ inch below the level of the interior of the dwelling unit
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width
    .

    APPENDIX D-3

    OPTIONAL MODIFICATIONS TO COVERED UNITS AT PLAYERS CLUB, STATESBORO

         The following optional modifications shall be provided to any of the four bedroom, covered units at Players Club, Statesboro, which are not required to be retrofitted pursuant to Appendix B-4:

    ITEMS TO BE RETROFITTED: MODIFICATION:
    Bedroom doors: Widen door into one bedroom to provide nominal clear width of 32" (Req. 3).
    Bathroom (one): Provide grab bar reinforcements for water closet and bathtub (Req. 6). (46)

    Widen door from one bedroom into one bathroom to provide nominal clear width of 32". (Req. 3).

    Provide 30" X 48" clear space at lavatory. (Req. 7; 2(a)(ii))

    At water closet, provide for 18" from side wall, shower or bathtub (Req. 7; (2)(b)(iv)).

    At water closet, provide side approach clearance of 48" X 56" (Req. 7; (2)(b)(ii)).

    Provide a 30" X 48" clear space beyond the swing of the door (Req. 7; (2)(b)(i)).

    Provide a 30" X 48" parallel clear space at lavatory (Req. 7; (2)(b)(ii)). (47)

    Thermostat:Lower thermostat to 54" (Req. 5)

    ADDITIONAL OPTIONAL MODIFICATIONS

    • Repave the patio or otherwise provide access to the patio so that the patio has a surface no > ½ inch below the level of the interior of the dwelling unit
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6). (48)
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.

    APPENDIX D-4

    OPTIONAL MODIFICATIONS TO COVERED UNITS AT TOWNE CLUB, ATHENS

         The following optional modifications shall be provided to seven (7) of the covered units at Towne Club, Athens, which are not required to be retrofitted pursuant to Appendix B-7: (49)

    Type of Unit:     Four Bedroom Units.

    ITEMS TO BE RETROFITTED: MODIFICATIONS:
    Bedroom doors:Widen doors into one bedroom to provide nominal clear width of 32" (Req. 3).
    Bathroom (one):Provide grab bar reinforcements for water closet and bathtub (Req. 6). (50)

    Widen doors (2) from one bedroom into one bathroom to provide nominal clear width of 32" rough opening. (Req. 3).

    Main Entrance: Replace knob lockset with lever hardware (Req. 2; Section 4.13.9)

    Modify threshold so that it is no > .75" . (Req. 2; Section 4.13.8).

    Modify inside portion of threshold so that is beveled with a slope no > 1:2 (Req. 2; Section 4).

    Thermostat:Lower thermostat to 54" (Req. 5)

    ADDITIONAL OPTIONAL MODIFICATIONS

    • Remove door from laundry room and install stacked washer/dryer combination
    • Widen doors into one or more additional bedrooms to provide nominal clear width of 32" (Req. 3).
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6).
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).
    • At the patio, modify threshold at door so that it no > .75" (Req. 4); (4); modify threshold at door so that it beveled with a slope no > 1:2 (Req. 4; (4); and install a door providing a 32" clear width.
    • Provide grab bar reinforcements for water closet and bathtub in an additional bathroom (Req. 6)
    • Provide an additional bathroom which will comply with HUD Fair Housing Accessibility Guideline 7 (2)(a).

    APPENDIX E

    STATEMENT OF ACKNOWLEDGMENT BY AGENT/EMPLOYEE

    EMPLOYEE/AGENT ACKNOWLEDGEMENT

    I, ______________________________, commenced an employment/agency relationship

    with _________________________________ on or about ___________, 200_. I hereby

    acknowledge that I have received a copy of the Consent Decree in United States v. Barrett, et al.,

    (M.D. Ga.), that I have read it, and that I understand it.

    ______________________________
    (NAME)

    Dated:  _____________________________


    1. All submissions to the United States or its counsel shall be made to: United States Department of Justice, Civil Rights Division, 950 Pennsylvania Ave., N.W., Housing & Civil Enforcement Section - G St. Washington, D.C. 20530. Attn: DJ No. 175-19M-78.

    2. Appendix B specifies that mandatory retrofits must be undertaken at 176 ground floor units at the subject properties. Accordingly, defendants are required to retrofit a minimum of 44 units each year for the duration of this Decree beginning no later than one year from the entry of the Decree. Should defendants complete retrofits in more than the required annual number of units in any given year, the number of units completed in any such year exceeding the required number may be applied towards meeting a subsequent year's requirements. For instance, if 25 retrofits are completed in the first year of the Decree, defendants would have to complete retrofits in 19 units the following year to meet the requirements of this provision.

    3. "Identified person with a disability" means a person with a disability who is either (A) a renter; (B) a person residing in or intending to reside in the dwelling after it is rented; or (C) any person associated with a renter of the subject property (e.g., children, parents, or friends) See 42 U.S.C. § 3604(f)(1) and H.R. Rep. 100-711, *24, reprinted in 1988 U.S.C.C.A.N. 2173, 2184-2185.

    4. Defendants shall be permitted to sell Towne Club, Statesboro prior to the expiration of three (3) years and three (3) months from the entry of this Decree, provided the following preconditions are met: (1) defendants have provided a certification to the United States that they have completed all of the mandatory retrofits required under Appendix A-5 for the public and common use areas at that property and under Appendix B-5 for the individual covered units at that property; and (2) following submission of such certification, defendants have provided the United States at least sixty (60) days notice prior to any sale indicating that defendants, or any one of them, intend to sell Towne Club, Statesboro, during which period the United States may inspect that property to confirm that the mandatory retrofits have been competed as certified.

    5. For settlement purposes, units 121 and 124 are excluded from retrofitting. Therefore, retrofits to the public and common use areas related to these units are not required.

    6. For settlement purpose, units 64, 65, 118, 121, 130, 133, 142, 145, and 148 are excluded from retrofitting, therefore, retrofits to the public and common use areas related to these units are not required.

    7. For settlement purposes, units 25, 28, and 85 are excluded from retrofitting, therefore, retrofits to the public and common use areas related to these units are not required.

    8. For settlement purposes, units 10 and 37 are excluded from retrofitting, therefore, retrofits to the public and common use areas related to these units are not required.

    9. For settlement purposes, units 46, 49, and 52 are excluded from retrofitting, therefore, retrofits to the public and common use areas related to these units are not required.

    10. Based on similar model in Statesboro.

    11. References are to HUD's Fair Housing Accessibility Guidelines (56 Fed. Reg. 9498 (Mar. 6, 1991).

    12. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    13. For settlement purposes, defendants may accomplish the modifications needed to make a bathroom accessible by reconfiguring the bedroom and bathroom nearest the entrance to the unit. This will require relocating the bedroom entrance door so that it will permit entrance to the bedroom directly from the adjacent living space, relocating the closet to the location of the original entrance, and relocating the bathroom door to enclose the lavatory in the bathroom.

    14. For settlement purposes, defendants may install swing clear hinges to satisfy this requirement.

    15. For settlement purposes, unit number 121 and 124 are excluded from retrofitting.

    16. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    17. For settlement purposes, defendants may satisfy this requirement by installing a wall hung sink.

    18. For settlement purposes of settlement, defendants may install swing clear hinges as a remedy at this door.

    19. For settlement purposes, units numbers 64, 65, 118, 121, 130, 133, 142, 145, and 148 are excluding from retrofitting.

    20. Based on similar model at Players Club, Statesboro.

    21. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    22. For settlement purposes, defendants may achieve this by replacing vanity with a removable base.

    23. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    24. For settlement purposes, this may be achieved by installing a wall hung sink and hanging the door so that it swings out.

    25. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    26. For settlement purposes, defendants may satisfy this requirement by installing a wall hung sink.

    27. For settlement purposes, defendants may install swing clear hinges as a remedy at this door).

    28. Defendants shall do the mandatory retrofits required under this provision at fourteen (14), two bedroom units and twenty (20), four bedroom units.

    29. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    30. Defendants may achieve this by replacing vanity with a removable base.

    31. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    32. For settlement purposes, defendants may accomplish the modifications needed to make a bathroom accessible by reconfiguring the bedroom and bathroom nearest the entrance to the unit. This will require relocating the bedroom entrance door so that it will permit entrance to the bedroom directly from the adjacent living space, relocating the closet to the location of the original entrance, and relocating the bathroom door to enclose the lavatory in the bathroom.

    33. For settlement purposes, unit number 25, 28, and 85 are excluded from retrofitting.

    34. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed. However, if defendants sell the property before expiration of the consent decree, they shall install grab bars in the one bathroom to be retrofitted prior to the closure of the sale.

    35. For settlement purposes, unit numbers 10, 13,16, 19, and 37 are excluded from retrofitting.

    36. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    37. For settlement purposes, this may be achieved by installing a wall hung sink and hanging the door so that it swings out.

    38. For settlement purposes, units 46, 49, and 52 are excluded from any retrofitting requirements under this Decree.

    39. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    40. For settlement purposes, defendants may satisfy this requirement by installing Wing-its fasteners.

    41. For settlement purposes, units 85 and 87 are excluded from this provision.

    42. References are to HUD's Fair Housing Accessibility Guidelines (56 Fed. Reg. 9498)(Mar. 6, 1991).

    43. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    44. For settlement purposes, defendants may accomplish the modifications needed to make a bathroom accessible by reconfiguring the bedroom and bathroom nearest the entrance to the unit. This will require relocating the bedroom entrance door so that it will permit entrance to the bedroom directly from the adjacent living space, relocating the closet to the location of the original entrance, and relocating the bathroom door to enclose the lavatory in the bathroom.

    45. For settlement purposes, defendants may install swing clear hinges to satisfy this requirement.

    46. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.

    47. For settlement purposes, defendants may accomplish the modifications needed to make a bathroom accessible by reconfiguring the bedroom and bathroom nearest the entrance to the unit. This will require relocating the bedroom entrance door so that it will permit entrance to the bedroom directly from the adjacent living space, relocating the closet to the location of the original entrance, and relocating the bathroom door to enclose the lavatory in the bathroom.

    48. For settlement purposes, defendants may satisfy this requirement by installing Wing-its fasteners.

    49. For settlement purposes, units 46, 49, and 52 are excluded from the optional modifications provided for under this Section.

    50. For settlement purposes, defendants may satisfy this requirement by keeping on hand at least two sets of Wing-Its fasteners for at least one bathroom in each covered unit that will be installed when needed.


    Document Entered: October 22, 2002

  • Updated August 6, 2015

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