Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF NEW MEXICO


UNITED STATES OF AMERICA,

                 Plaintiff,                                                          Case No. 01-1202MV/RLP

                 v.

SUNBURST MOBILE HOME VILLAGE
INC., ED GEIGER AND SERGIO
RIVERA,

                 Defendants.

____________________________________

CONSENT ORDER I. INTRODUCTION
  1. On October 19, 2001, the United States filed this action on behalf of Anselmo Herrera Garcia and Juana del Rio Bell against Defendants Sunburst Mobile Home Village, Ed Geiger and Sergio Rivera.
  2. The United States brought this action pursuant to the Fair Housing Act, as amended, 42 U.S.C. § 3612(o), after the Secretary of the Department of Housing and Urban Development ("HUD") conducted an investigation, attempted conciliation without success, determined that reasonable cause existed to believe that a discriminatory housing practice had occurred, and issued charges of discrimination against Defendants.
  3. The United States also brought this action pursuant to Section 814(a) of the Fair Housing Act, 42 U.S.C. § 3614(a), because it involved a pattern or practice of discrimination.
  4. On April 11, 2002, the United States filed an Amended Complaint to correct a misnomer of Defendant Sunburst Mobile Home Village to Sunburst Mobile Home Village, Inc.
  5. Defendant Sunburst Mobile Home Village, Inc. is a corporation that operates and/or owns Sunburst Mobile Home Village ("Sunburst"), a thirty-two (32) space mobile home park located at 8404 Central S.E. in Bernalillo County, New Mexico. Sunburst Mobile Home Village, Inc. has been incorporated in New Mexico since 1982.
  6. Defendant Ed Geiger is the President of Sunburst Mobile Home Village, Inc., and/or the owner of Sunburst Mobile Home Village.
  7. Defendant Rivera is the on-site manager of Sunburst Mobile Home Village. Mr. Rivera has held this position since at least September, 1999.
  8. Defendants contend that Juana del Rio Bell, aggrieved person in this matter, was evicted because she failed to maintain her rental space in an acceptable manner and because she was selling and distributing illegal substances on the premises. Ms. Bell received notices of code violations from the Albuquerque Code Enforcement Team while residing at Sunburst. Further, pursuant to a plea agreement Ms. Bell entered to a charge of trafficking (by distribution) (cocaine), the Second Judicial District Court for Bernalillo County placed Ms. Bell on unsupervised probation for three (3) years. Additionally, Ms. Bell had contact with law enforcement while living at Sunburst.
II. THE UNITED STATES' ALLEGATIONS

The United States alleged in its Complaint, and was prepared to prove at trial, that Defendants engaged in a pattern or practice of discrimination based on national origin at Sunburst, in violation of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq. Specifically, the United States alleged, and was prepared to prove, that Defendants have taken actions and made statements that demonstrate a policy of discriminating against individuals of Cuban national origin, both in the rental of mobile home space and in the terms and conditions of renting mobile home space at Sunburst, in violation of 42 U.S.C. §§ 3604 (a),(b), and (c). The United States further alleged, and was prepared to prove, that Defendants threatened and intimidated Cuban tenants residing at Sunburst based on the tenants' Cuban national origin, in violation of 42 U.S.C. § 3617.

Defendants denied all allegations that they engaged in a pattern or practice of discriminating based on national origin at Sunburst, in violation of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq., that Defendants have taken actions and made statements that demonstrate a policy of discriminating against individuals of Cuban national origin, both in the rental of mobile home space and in the terms and conditions of renting mobile home space at Sunburst, in violation of 42 U.S.C. §§ 3604(a), (b), and (c) and/or that Defendants threatened and intimidated Cuban tenants residing at Sunburst based on the tenants' Cuban national origin, in violation of 42 U.S.C. § 3617.

The United States and Defendants desire to avoid costly and protracted litigation and agree that this dispute should be resolved without the necessity of trial. Therefore, the parties have agreed to the terms of this Consent Order ("Order") and its entry by the Court as indicated by the signatures appearing below.

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

III. SCOPE AND TERM OF ORDER
  1. The provisions of this Order shall apply to Defendants, their employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with them.
  2. This Order is effective immediately upon its entry by the Court and shall be effective for a period of three (3) years.
  3. For purposes of this Order, the phrase "date of this Order" shall refer to the date on which the Court enters this document as its own ORDER.
  4. The Court shall retain jurisdiction of the action and over all Defendants for the term of this Order.
  5. If Defendant Ed Geiger passes away within the term of this Consent Order, his duties under this Consent Order, and the duties of Sunburst Mobile Home Village, Inc., a company which Mr. Geiger solely owns and operates, shall cease upon the United States receiving written notice of his passing.
IV. NON-DISCRIMINATION INJUNCTION

Defendants, their employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with them, are hereby enjoined from:

  1. Refusing to rent or refusing to negotiate for the rental of, or otherwise making unavailable, dwellings (1) to persons because of national origin;
  2. Imposing different terms and conditions in the rental of dwellings on account of national origin;
  3. Making, printing, publishing, or causing to be made, printed, or published any notice, statement or advertisement with respect to the rental of a dwelling that indicates a preference, limitation or discrimination on the basis of national origin;
  4. Coercing, intimidating, threatening, or interfering with persons in the exercise or enjoyment of any right granted under section 803, 804, 805 or 806 of the Fair Housing Act; and
  5. Otherwise taking any action in violation of the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq.
V. AFFIRMATIVE INJUNCTIVE RELIEF

Defendants shall take the measures set forth in this Section to ensure compliance with all state and federal fair housing laws and to ensure in the future that all mobile home spaces at Sunburst Mobile Home Village and dwellings at all other residential rental property owned, operated, or managed by any of them are made available for rental to all persons on an equal basis and under the same terms and conditions.

A. Policies
  1. Within sixty (60) days after the date of this Order, Defendants shall adopt and implement objective, uniform and nondiscriminatory written standards and procedures for receiving and handling rental inquiries made in person or by telephone. In implementing these standards and procedures, Defendants shall:
    1. Maintain an accurate list of all mobile home spaces or residential rental units known to be available for rental, including a listing of the space or unit number, size, and monthly rent;
    2. Inform prospective applicants who inquire about renting a mobile home space or a unit of all spaces or units available, if any, and if none are available, about the availability of a waiting list, which shall be maintained pursuant to subparagraph (d) below;
    3. Permit all prospective applicants the opportunity to complete a written rental application and/or to be placed on a waiting list, which shall be maintained pursuant to subparagraph (d), below; and
    4. Maintain a waiting list of all prospective applicants who wish to be placed on such a list in chronological order by date, and time, if applicable, of inquiry. For all prospective applicants, the waiting list shall state their names, their current address and telephone number, and a description of the dwelling desired (e.g. size of mobile home space or unit). When the Defendants or their agents or employees become aware of any vacancy at Sunburst, they shall contact persons on the waiting list in chronological order to offer them an opportunity to apply for the space, before making that space available to any other person. Notations shall be made on the waiting list of the date and time of each attempt to contact persons on the list.
  2. Counsel for the United States shall review and agree upon these standards and procedures before they are put into effect. If Defendants propose to change these standards and procedures, they shall first notify the United States and provide the United States with a copy of the proposed changes. If the United States does not deliver written objections to Defendants within forty-five (45) days of receiving the proposed changes, the changes may be effected. (2) If the United States makes any objections to the proposed changes within such forty-five (45) day period, the specific changes to which the United States objects shall not be effected until the objections are resolved.
B. Notice to Employees
  1. Within twenty (20) days after the date of this Order, Defendants Geiger and Sunburst Mobile Home Village, Inc. shall send a copy of this Order and a copy of the Non-Discrimination Notice, attached hereto as Exhibit 1, to each of his and/or its agents and employees who are involved in renting mobile home spaces or dwellings, specifically including any persons who have routine contact with tenants or prospective tenants, whether in person or by telephone. Within thirty (30) days after the date of this Order, each person receiving the Order and the Notice shall execute an Employee Fair Housing Acknowledgment Form, attached hereto as Exhibit 2.
  2. For the duration of this Order, each new employee or agent of any of the Defendants with rental responsibilities at Sunburst or elsewhere, and all successor owners and their agents or employees, shall be given a copy and required to read this Order upon commencement of his or her employment or agency. Within ten (10) days of being hired or otherwise retained, each such agent or employee shall execute an Employee Fair Housing Acknowledgment Form.
C. Training
  1. Within sixty (60) days after the date of this Order, Defendants Geiger and Rivera, and any other agent or employee of the Defendants with responsibility for the rental of mobile home spaces or dwellings, shall attend a program of educational training, conducted by the Albuquerque Human Rights Office or other certified educational service (approved by the United States), that shall include the following:
    1. Informing each individual of his or her duties and obligations under this Order as well as under federal, state, and local fair housing laws, regulations, or ordinances;
    2. providing a copy of the federal Fair Housing Act to each agent or employee whose duties include renting or managing dwelling units, and each agent or employee who supervises such activities;
    3. Instructing each individual on procedures to ensure that national origin, race, color, sex, familial status, and disability do not enter into the process of providing rental information to persons who make an inquiry or making decisions on rental applications;
    4. A question and answer session to review each of the foregoing areas; and
    5. Certification of attendance by the person conducting the educational program for each person attending the program.
  2. During the period in which this Order is in effect, each new employee or agent of the Defendants shall complete the Albuquerque Human Rights Office's educational training program described above within twenty (20) days after the date on which he or she commences an employment or agency relationship with the Defendants, or as soon thereafter as the next training is offered.
  3. Should the Albuquerque Human Rights Office be unable, for any reason, to provide the training described in this Section, the parties shall find a substitute (approved by the United States), and the parties shall modify this Order accordingly. Any substitute shall be either a government agency, or a nonprofit organization or other certified educational service whose mission includes the prevention of housing discrimination.
  4. Any and all costs and expenses related to the training requirements of this section shall be the sole responsibility of the Defendants.
D. Notice to Tenants and the Public
  1. The Defendants shall take the following steps to notify tenants and the public of their nondiscriminatory policies:
    1. Within twenty (20) days after the date of this Order, Defendants shall post and prominently display in the rental office at Sunburst, and any other office where there is rental activity and/or personal contact with applicants for mobile home space at Sunburst or with applicants for the rental of any other residential property, a Fair Housing poster no smaller than ten (10) inches by thirteen (13) inches that indicates that all dwellings are available for rent on a nondiscriminatory basis. The poster shall conform with regulations promulgated by the U.S. Department of Housing and Urban Development, 24 C.F.R. Part 109. Defendants shall post such posters in English and Spanish. The United States shall supply Defendants with posters that meet the above-described requirements;
    2. Within twenty (20) days after the date of this Order, Defendants shall provide all tenants at Sunburst and at other residential rental properties owned, operated or managed by any of the Defendants with written notice of nondiscriminatory policies. Such notices shall be written in English and Spanish. See Exhibit 1.
    3. Defendants shall provide a copy of the brochure "Fair Housing, It's Your Right," published by the U.S. Department of Housing and Urban Development, with each rental application. Defendants shall offer both English and Spanish versions of the brochure. The United States shall supply Defendants with the above-described brochures;
    4. Defendants shall prominently display the fair housing logo (house with "=" sign) and slogan ("Equal Housing Opportunity"), or shall otherwise indicate that they are an equal housing opportunity provider, on the following materials:

      (1)    rental application forms;
      (2)    lease agreement forms; and
      (3)    tenant rules and regulations.

      Defendants shall print and begin using these materials six (6) months after the date of the Order or after the current supply of any such materials is exhausted, whichever comes first. The United States shall provide Defendants with the fair housing logo and slogan.

    5. All advertising conducted for Sunburst and any other residential rental property owned, operated, or managed by any of the Defendants in newspapers, telephone directories, radio, television or other media, and on all billboards, signs, pamphlets, brochures and other promotional literature during the term of this Order shall indicate that such property is an equal housing opportunity property. The words or logo should be prominently placed and easily legible. In addition, all newspaper and radio advertising placed by Defendants subsequent to the date of this Order shall conform to the provisions of the applicable U.S. Department of Housing and Urban Development (HUD) advertising guidelines, 24 C.F.R. Part 109.
VI. TESTING
  1. The Fair Housing Project of the Legal Aid Society of Albuquerque, Inc. ("the Fair Housing Project") shall conduct one (1) paired test per year at Sunburst during the first three (3) years of this Consent Order. This testing will test for national origin discrimination, and will be conducted by methods agreeable to the Fair Housing Project and the United States. Within thirty (30) days of the date of this Order, the Defendants shall enter into a contract with the Fair Housing Project, in which the Defendants will agree to pay the Fair Housing Project $250.00 for each test the Fair Housing Project commits to conduct. This money will cover the cost of conducting the test(s).
  2. Should the Fair Housing Project be unable, for any reason, to conduct the testing described in this Section, the parties shall find a substitute (approved by the United States), and the parties shall modify this Order accordingly. The costs of such substitute testing shall be borne by Defendants.
VII. RECORD-KEEPING
  1. Defendants shall maintain and preserve the following records relating to Sunburst and other residential rental properties owned, operated, or managed by any of the Defendants for a period of three (3) years from the date of this Order:
    1. All rental applications, including those that are withdrawn or rejected;
    2. All documents reflecting tenant complaints, and the record of the action taken on such complaints;
    3. All vacancy listings, i.e. documents that show, at any given time, the units that are occupied and/or rented, the units that are vacant, and the units on which Defendants have received notice of an impending vacancy;
    4. All waiting lists prepared pursuant to Section V(A)(1)(d), above;
    5. Copies of all advertisements and the dates of their publication;
    6. Copies of all Employee Fair Housing Acknowledgment Forms completed pursuant to Section V(B)(1)&(2);
    7. Copies of all training certifications completed pursuant to Section V(C)(1)(e);
    8. Copies of all documents relating to the eviction of any person from Sunburst Mobile Home Village.
  2. Defendants shall permit the United States, upon reasonable notice, to inspect and copy any of the records described in this paragraph or any other documents related to Defendants' obligations under this Order.
  3. If Defendants wish to make material changes to the content or the form of, or the practices involving, any of the records identified in the preceding paragraph, they shall first notify the United States and provide the United States with a copy of the proposed changes. If the United States delivers objections to Defendants within forty-five (45) days of receiving the proposed changes, the specific changes to which the United States objects may not be effected until the objections are resolved.
VIII. REPORTING PROVISIONS
  1. Defendants Geiger and Sunburst Mobile Home Village, Inc. shall serve the United States (3) with the following reports:
    1. Within ninety (90) days from the date of this Order, Defendant Geiger shall submit a report indicating the steps he has taken up through that date to comply with terms of this Order. This report shall include the following:
      1. Representative copies of advertisements published during the preceding ninety (90) days, pursuant to Section VII(1)(e) of this Order, along with a list indicating the date of each such advertisement, the publication in which each such advertisement appeared, and the page on, and section in which, each such advertisement appeared;
      2. All employee Fair Housing Acknowledgment Forms completed during the preceding ninety (90) days pursuant to Sections V(B)(1) & (2) of this Order;
      3. All written certifications of any fair housing educational training program completed by Defendants Geiger and Rivera and any other agents or employees involved in the rental of mobile home spaces at Sunburst during the preceding ninety (90) days pursuant to Section V(C)(1)(e) of this Order;
      4. Any agenda or summary of any fair housing educational training program completed by Defendants Geiger and Rivera and any other agents or employees involved in the rental of mobile home spaces at Sunburst during the preceding ninety (90) days;
      5. Representative copies of any revised application forms, lease forms, promotional materials or any other documents containing the equal housing opportunity slogan and/or logo that Plaintiff provided and Defendants began utilizing pursuant to Section V(D)(1)(d) of this Order;
      6. A copy of existing tenant rules and regulations;
      7. A copy of existing policies and procedures governing rentals; and
      8. Written verification that the notices regarding Defendants' nondiscrimination policies have been distributed, pursuant to Section V(D)(1)(b) of this Order, and a representative sample of such notice.
    2. Six (6) months from the date of this Order, one (1) year from the date of this Order, and every year thereafter for the duration of this Consent Order, Defendant Geiger shall provide to the United States a report containing the materials identified in subparagraph (a) of this paragraph for the preceding reporting period, except that the materials identified in subparagraphs (a)(5)-(a)(8) need not be provided unless they have been materially revised since the preceding report.
  2. Defendants shall notify counsel for the United States in writing within thirty (30) days of the receipt of any oral or written complaint alleging housing discrimination at Sunburst or any other property owned, in whole or in part, by any of the Defendants. This notification shall include full details of the complaint and any action taken by Defendants in response to the complaint, and it shall be accompanied by all pertinent documents.
  3. If Defendants Ed Geiger or Sunburst Mobile Home Village, Inc. sells or otherwise transfers any interest in Sunburst Mobile Home Village during the term of this Order, he/it shall provide, within thirty (30) days of such sale or transfer, written notice to the United States that he/it has made such sale or transfer and shall also identify the person to whom, or entity to which, such sale or transfer has been made. Furthermore, should Defendant Geiger acquire a new interest in any residential rental property during the term of this Order, he shall provide, within thirty (30) days of acquiring such interest, written notice to the United States that he has acquired such interest.
IX. MONETARY RELIEF FOR AGGRIEVED PERSONS A. Compensation for Identified Aggrieved Persons

Within twenty (20) days after the date of this Order, Defendants' insurer shall deliver to the United States a check made payable to the order of Anselmo Herrera Garcia in the amount of nineteen thousand dollars ($19,000.00). Counsel for the United States shall not forward the check to Mr. Garcia until the United States has received his executed release of claims, attached hereto as Exhibit 3/3A. The United States shall forward the executed release to Defendants immediately upon receiving it.

X. CIVIL PENALTIES

Within twenty (20) days after the date of this Order, Defendants' insurer shall issue a check or money order in the amount of one thousand dollars ($1,000) payable to the United States Treasury as a civil penalty pursuant to 42 U.S.C. § 3614(d)(1)(C). Defendants' insurer shall deliver the check or money order to counsel for the United States.

XI. REMEDIES FOR NON-PERFORMANCE

The parties to this Order shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. However, in the event of a failure by any of the parties, whether willful or otherwise, to perform in a timely manner any act required by this Order or in the event of any other act violating any provision hereof, the parties 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 attorneys' fees which may have been occasioned by the violation or failure to perform.

XII. TIME FOR PERFORMANCE, INTERPRETATIONS AND DEFINITIONS
  1. The parties shall have the right to seek relevant modifications of the Order to ensure that its purposes are fully satisfied. If the parties are unable to reach mutual agreement concerning a particular modification, the burden of proof concerning the propriety of modification falls on the party so moving. Any time limits for performance imposed by this Order may be modified by mutual agreement of the parties without approval by the Court provided that such agreement is in writing.
  2. This Order constitutes the entire agreement among the parties and supersedes and renders void all prior agreements, written or oral, among the parties. In the event any provision or term of this Order is determined to be or is rendered invalid or unenforceable, all other provisions and terms of the Order shall remain unaffected to the extent permitted by law.
XIII. DISMISSAL

This case shall be dismissed without prejudice for sixty (60) days after the date of this Consent Order, so as to provide Juana del Rio Bell adequate time to intervene in this action if she so chooses. If, sixty (60) days after the date of this Consent Order, Ms. del Rio Bell has not intervened in this action, this case shall be automatically dismissed with prejudice. However, this Court shall retain jurisdiction of the action and over all Defendants for the term of this Order.

IT IS SO ORDERED, ADJUDGED and DECREED on this ___ day of _______________, 2002.

____________________________
MARTHA VAZQUEZ
UNITED STATES DISTRICT JUDGE

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

For the United States:
JOAN A. MAGAGNA
Chief

JEANINE M. WORDEN
Deputy Chief

___________________________

ERIN MEEHAN RICHMOND
Trial Attorney
United States Department of
Justice
Civil Rights Division
Housing & Civil Enforcement
Section
950 Pennsylvania Ave. N.W.
Northwestern Building, 7th Floor
Washington, DC 2003
(202) 307-0385

For Defendants Sunburst
Mobile Home Village, Inc.,
Ed Geiger and Sergio Rivera:

_____________________________
RICHARD M. PADILLA, ESQ.
Hatch, Allen & Shepherd, P.A.
P.O. Box 30488
Albuquerque, NM 87190-0488
(505) 341-0110

DAVID C. IGLESIAS
United States Attorney
District of New Mexico

RAYMOND HAMILTON
Assistant United States Attorney
P.O. Box 607
Albuquerque, NM 87103
(505) 346-7274



NON-DISCRIMINATION NOTICE

It is Sunburst Mobile Home Village's firm policy to make mobile home spaces available for rental on an equal basis and not to discriminate against any person because of that person's race, color, national origin, religion, sex, handicap or familial status (having children under the age of 18 years domiciled in your household). Any employee who violates this policy of nondiscrimination will be subject to dismissal or other disciplinary action.

NOTIFICACIÓN DE POLÍTICA DE NO DISCRIMINACIÓN

Es la práctica estricta del Sunburst Mobile Home Village de ofrecer espacios para alquiler para casas movibles de igual manera a todas las personas y de no discriminar contra ninguna persona por razón de su raza, color, origen nacional, religión, sexo, incapacidad o estado familiar (indicado por la presencia de niños menores de 18 años en la casa). Cualquier empleado que viole esta política de no discriminar será sujeto a ser despedido o a otras acciones disciplinarias.




EMPLOYEE FAIR HOUSING ACKNOWLEDGMENT FORM

I hereby acknowledge that I have received from my employer, Ed Geiger, and have read an Anti-Discrimination Notice, which makes clear that Mr. Geiger adheres to a policy of equal housing opportunity. I also have received a copy of the Consent Order entered in United States v. Sunburst Mobile Home Village, et al., United States District Court, District of New Mexico, Civ. No. 01-1202MV. I agree to act in accordance with the Consent Order, and I will comply fully with fair housing laws and will not discriminate against any person in any aspect of the rental of mobile home space on the basis of that person's race, color, national origin, religion, sex, handicap or familial status. I understand that if I do so discriminate, I will be subject to dismissal or other disciplinary action by my employer.

________________________
   DATE

______________________________
    EMPLOYEE/AGENT SIGNATURE

______________________________
    EMPLOYEE/AGENT NAME (PRINTED)



NOW THEREFORE AND IN CONSIDERATION of the Consent Order approved by the United States District Court for the District of New Mexico on_____________________, 2002 in the case of United States v. Sunburst Mobile Home Village et al., Civ. No. 01-1202MV/RLP ("lawsuit")and in consideration of the monetary payment awarded under the terms of the Consent Order, I Anselmo Herrera Garcia, on behalf of myself and my agents, heirs, executors, administrators, successors and assigns, do fully, finally and forever release and discharge Sunburst Mobile Home Village, Inc., Ed Geiger and Sergio Rivera (hereinafter "Defendants"), along with their insurers (CNA Insurance Company (Policy No. B 1099426185)), attorneys, agents, and employees (hereinafter "Releasees"), from any and all claims set forth in the Complaint in this lawsuit that I may have against Defendants or any of the Releasees for any of Defendants' actions or statements related to those claims through the date of this Consent Order, including claims for damages (both compensatory and punitive), costs, fines and attorneys' fees.

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

______________________________
    DATE

_______________________________
    SIGNATURE

SIGNED and SWORN to (or affirmed to) before me, a Notary Public, on this ______ day of _______________, 2002, by Anselmo Herrera Garcia.

________________________
    Notary

My commission expires:

______________________



Exhibit 3A

Relevo General

En consideración del Decreto por Consentimiento que fue ratificado por la Corte de Distrito Federal del Distrito de Nuevo Mexico el ___________________ 2002 en el caso de United States v. Sunburst Mobile Home Village, et al., Civ. No. 01-1202 MV/RLP ("acción legal") y en consideración del pago otorgado bajo los términos del Decreto por Consentimiento, yo, Anslemo Hererra Garcia, de mi parte y de parte de mis representantes, herederos, ejecutores, administradores, sucesores y beneficiarios accedo a relevar y descargar para siempre a Sunburst Mobile Village, Inc., Ed Geiger y Sergio Rivera ("demandados"), junto con sus aseguradores (CNA Insurance Company (Policy No. B 1099426185), abogados, agentes y empleados ( "relevados") de todos los reclamos delineados en la querella de esta acción legal que yo pudiera tener contra los demandados o cualquiera de los relevados por cualquier acto cometido o declaración hecha por los demandados relacionados con este reclamo por daños compensatorios y punitivos, gastos, multas y honorarios de abogado.

Afirmo que la única recompensa que he recibido por firmar este Relevo General son los términos del Decreto por Consentimiento que ambas partes de la acción han firmado y la remuneración a la cual se ha referido anteriormente. Acepto los términos del Relevo General y del Decreto por Consentimiento porque creo que son justos y razonables y no por alguna otra razón. El acuerdo y entendimiento entre las partes de la acción legal está contenido completamente en Relevo General y el Decreto por Consentimiento.

Fecha/Date: ______________________

Firma/Signature: ______________________
                           Anselmo Herrera García

SIGNED and SWORN to (or affirmed to) me, a Notary Public, on this ________ day of ____________ 2002, by Anselmo Herrera García.


_____________________________
Notary Public

My Commission expires:

____________________



1. The spaces available for rent that are owned and/or managed by the Defendants are dwellings within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(b).

2. Any objections by the United States provided pursuant to this Consent Order shall be communicated in writing to Ed Geiger at 7533 Lantern NE, Albuquerque, NM 87109.

3. All documents or other communications required by this Consent Order to be sent to the United States or counsel for the United States shall be sent via U.S. mail, addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 950 Pennsylvania Ave. N.W., Northwestern Building, Seventh Floor, Washington, D.C. 20530. Attn: DJ No. 175-49-56.


Document Filed: November 26, 2002 > >
Updated August 6, 2015

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