Housing And Civil Enforcement Cases Documents


UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA


UNITED STATES OF AMERICA,
     Plaintiff,

v.

CV-S-01-0226-PMP-PAL

PACIFIC PROPERTIES AND
DEVELOPMENT CORPORATION,
     Defendant.

________________________________


CONSENT DECREE

The United States files this Consent Decree simultaneously with its Complaint against Pacific Properties and Development Corporation (Pacific Properties or defendant), alleging violations of Section 804(f)(3)(C) of the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(C), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the Act).

Pacific Properties is the developer of Pacific Adagio, Pacific Carlisle, Pacific Deerfield, and Pacific Legends East (the four properties), all of which are located in Las Vegas, Nevada. Pacific Adagio (Adagio) is a residential rental dwelling community located at 7703 Vegas Drive and is comprised of 42 buildings, 282 units, 114 of which are located on the ground floor. Pacific Carlisle (Carlisle) is a residential rental dwelling community located at 10250 N. Covington Cross Drive and is comprised of 42 buildings, 274 units, 110 of which are located on the ground floor. Pacific Deerfield (Deerfield) is a residential condominium community located at 9901 Trailwood Drive and is comprised of 41 buildings, 222 units, 54 of which are located on the ground floor. Pacific Legends East (Legends) is a residential condominium community located at 1405 S. Nellis Boulevard and is comprised of 24 buildings, 219 units, 96 of which are located on the ground floor. All of the dwelling units at all four properties were designed and constructed for first occupancy after March 13, 1991.

The United States' Complaint alleges that defendant has engaged in a pattern or practice of discrimination against persons with disabilities by failing to design and construct the ground-floor units (378 total units) at the four properties with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C).

In general, the Act requires that, for buildings with four or more units, all units in elevator buildings and all ground floor units in non-elevator buildings include certain basic accessibility and adaptability design features intended to make housing usable or adaptable by a person who is or who becomes disabled. Accordingly, all of the 378 ground-floor units at the four properties are "covered multi-family dwellings" within the meaning of the Act, 42 U.S.C. § 3604(f)(7)(A).

The design requirements under the Act include: (a) public use and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors designed to allow passage into and within all premises that are sufficiently wide to allow passage by persons in wheelchairs; (c) an accessible route into and through the dwelling; (d) light switches, electrical outlets, thermostats and environmental controls in accessible locations; (e) reinforcements in bathroom walls to allow later installation of grab bars; and (f) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

The United States alleges that as originally designed, all of the covered units at Adagio (114); Carlisle (110); Legends (96); and 44 of the 58 covered units at Deerfield did not comply with the requirements of 42 U.S.C. § 3604(f)(3)(C) and were constructed pursuant to the original designs. The United States further alleges that none of those units, a total of 378, as designed and constructed, complies fully with the requirements of 42 U.S.C. § 3604(f)(3)(C).

For instance, the United States alleges in its Complaint that, as originally designed and constructed, defendant has violated 42 U.S.C. § 3604(f)(3)(C) by failing to design and construct some or all of these dwellings in such a manner that: (a) there are accessible building entrances on accessible routes; (b) the public use and common use portions of such dwellings are readily accessible to, and usable by, individuals with disabilities; (c) all doors are accessible by individuals with disabilities; (d) the environmental controls are at an accessible height and (e) there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

The parties agree that this Court has jurisdiction over the subject matter of this case. Defendant denies that it failed to design and construct the units at the four properties in compliance with the Act and its signature does not constitute an admission. The parties agree that the controversy should be resolved without further proceedings, without an evidentiary hearing, and without adjudication on the merits. Therefore, the parties have consented to the entry of this Consent Decree as indicated by the signatures appearing below.

It is hereby ORDERED, ADJUDGED and DECREED:

  1. GENERAL INJUNCTION

Defendant, its officers, employees, agents, successors and assigns and all other persons in active concert or participation with any of them are permanently enjoined from discriminating on the basis of disability as prohibited by the Act, 42 U.S.C. § 3604(f)(3)(C).

  1. RETROFIT ACTIONS
  1. Interior Units
    1. Revision of Interior Design Plans at Deerfield

      When the United States Department of Housing and Urban Development first contacted defendant regarding its alleged failure to design and construct the covered dwellings at Deerfield in compliance with the Fair Housing Act, defendant had not yet completed construction at that complex. Consequently, defendant revised its design plans for the interior of the remaining 34 ground floor units to be constructed at Deerfield. The revised plans are attached hereto as Appendix A. The parties agree that the revised plans substantially satisfy the requirements of the Fair Housing Act set forth at 42 U.S.C. § 3604(f)(3)(C).

    2. Plan for Remaining Units at Adagio, Carlisle, Deerfield, and Legends

      All of the remaining condominium units at Deerfield and all of the condominium units at Legends, as well as the rental units at Adagio and Carlisle, are fully constructed. To settle the claims of the United States, defendant will retrofit some or all of the interior of units at the four properties pursuant to the descriptions attached hereto as Appendix B. The parties estimate that the potential cost of these interior modifications to be $164,995 (ONE HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED NINETY-FIVE DOLLARS). (1) Defendant has also agreed to take the actions set forth in Section III to XI below. These actions are reasonable and practicable and will increase the number of housing units on the market with features of accessible and adaptable design.

    3. Special Compensation

      In lieu of modifying the clear floor space at the kitchen sinks of ground floor units at Legends East, defendant will make a one-time contribution of $30,000 (THIRTY THOUSAND DOLLARS) to an organization whose purpose is to help meet the needs of disabled persons in the Las Vegas metropolitan area. This contribution shall be made within thirty (30) days of the date of entry of this Consent Decree, and shall be made to an organization approved by the United States.

  2. Public Use and Common Areas

    As set forth in Appendix C, defendant has made or will make modifications to the public use and common areas at Carlisle and Adagio. Defendant will complete these specific modifications within one year from the date of entry of this Consent Decree.

    The parties intend that defendant make the modifications specified in Appendix (C)(III) and (C)(IV) to the common and public use areas of Deerfield and Legends Ease, respectively. Accordingly, within 30 days of the entry of the Consent Decree, defendant shall seek, and shall in good faith make its best efforts to obtain, the consent of the homeowners' associations at Deerfield and Legends East to permit these modifications. Defendant shall make these modifications at no expense to the homeowners' associations and shall attempt in good faith to minimize any inconvenience to the homeowners' associations. Defendant shall complete the modifications specified in Appendix C(III) and C(IV) within one year of the entry of the Consent Decree, or, if it is unable to do so because consent by the homeowners' associations is delayed, as soon as practicable thereafter.

    In the event the homeowners' association at either Deerfield or Legends East refuse to grant defendant permission to make any of the modifications specified in Appendix C(III) or C(IV), defendant shall promptly notify counsel for the United States in writing. In the event the United States seeks to modify the Consent so as to require the homeowners' association to permit the modifications, defendant shall not oppose the United States' motion to modify the Consent Decree, or the joinder of either homeowners' association as a necessary party, for the purpose of ordering either homeowners' association to permit defendant to make the modifications at Deerfield or Legends East.

    The cost of the specified modifications for the public use and common areas at the four properties is approximately $32,796 (THIRTY TWO THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS).

    The parties agree that these modifications of the public use and common areas at the four properties substantially satisfy the requirements of the Fair Housing Act set forth at 42 U.S.C. § 3604(f)(3)(C).

  3. Sale or Transfer of Ownership

    Defendant agrees that in the event it decides to sell or transfer ownership of either Adagio or Carlisle during the term of this Consent Decree, defendant shall require the purchaser or transferee, as a condition of the sale or transfer, to agree in writing to comply with the Retrofit Actions described in this Section. Defendant further agrees that it shall remain liable for the completion of all such Retrofit Actions in the event the purchaser or transferee does not meet the requirements of this Section. In the alternative, upon sale or transfer of ownership of either Adagio or Carlisle, defendant will, as a condition of such sale or transfer, retain the obligation to comply with the Retrofit Actions described in this Section and will secure written agreement from the buyer to permit defendant to make such retrofits. Prior to the sale or transfer of either property, defendant shall 1) provide the buyer or transferee with a copy of this Consent Decree and 2) notify the United States of the pending sale or transfer and provide to the United States the name and address of the new owner(s) and a copy of the written agreement referenced in this Paragraph.

  1. NON-DISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

Every year for three (3) years from the date of entry of this Consent Decree defendant and its principals (Alan L. Molasky and Steven D. Molasky) shall, for the covered multi-family dwellings any of them intend to develop or build, and for which zoning approval and issuance of building permits for construction have been obtained, submit to counsel for the United States(2) the following information: (1) the name of the architect and site engineer, (2) the name and address of the project, and (3) a description of the project and the individual units.

  1. NOTICE TO CURRENT AND FUTURE RESIDENTS OR OWNERS AT THE FOUR PROPERTIES
  1. Adagio and Carlisle

    Defendant will provide notice (Notice) of the availability of the interior modifications described in Appendix B to all current residents within thirty (30) days of the entry date of this Consent Decree, and once annually for the term of this Decree. Such Notice shall be substantially in the form of the notices/letters attached hereto as Appendix D(I) and (II) and shall include the Modification Selection Forms contained in Appendix E(I) and (II), respectively.

  2. Deerfield and Legends

    Defendant will provide Notice of the availability of the interior modifications described in Appendix B to all current owners within thirty (30) days of the entry date of this Consent Decree and once annually for the term of this Decree, and shall include in the Notice an offer to make the same modifications available at no cost to the first subsequent purchaser of such unit. Such Notice shall be substantially in the form of the letters attached hereto as Appendix D(III) and (IV) and shall include the Modification Selection Forms contained in Appendix E(III) and (IV), respectively.

  1. COMPENSATION TO AGGRIEVED PERSONS

The United States alleges that the defendant required Robert and Carol Lee to pay for modifications to their unit at Legends East, and contends that such modifications would have been unnecessary had the defendant designed and constructed Legends East in compliance with the Act. Without admitting liability, and to settle the claims of the Lees, defendants shall pay the sum of $1200(TWELVE HUNDRED DOLLARS) to Robert and Carol Lee, in payment of compensatory damages pursuant to 42 U.S.C. § 3614(d)(1)(B). Defendants shall pay said money within thirty (30) days of the date of entry of this Consent Decree by sending a check, payable to the order of Robert and Carol Lee, to counsel for the Lees, Mr. Richard Armknecht. The Lees shall execute a full release of their claims against the defendant.

  1. EDUCATIONAL PROGRAM

No later than sixty (60) days after the date of entry of this Consent Decree, defendant shall provide to all its management and supervisory personnel involved in the design and construction of multi-family dwellings covered by the Act a copy of this Consent Decree. All new management or supervisory personnel involved in the design and construction of multi-family dwellings covered by the Act employed by defendant during the term of this Decree must receive a copy of this Consent Decree no later than thirty (30) days after the date he or she commences employment.

  1. NOTICE TO THE PUBLIC OF DEFENDANTS' NON-DISCRIMINATION POLICY
  1. No later than ten (10) days after the date of entry of this Consent Decree, defendant shall post and prominently display in the sales or rental offices of all covered, multi-family housing units owned or operated by it, a sign no smaller than 10 by 14 inches indicating that all dwellings are available for sale or rental on a nondiscriminatory basis. Defendant shall also post such a sign in the sales or rental office of any other covered, multi-family housing units developed or acquired by it during the effective period of this Consent Decree. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.
  2. For the duration of this Consent Decree, in all new media advertising regarding any covered, multi-family dwellings designed or constructed by defendant, defendant shall place in a conspicuous location a statement indicating that the dwelling units have features of accessible design as required by the federal Fair Housing Act.
  1. REPORTING AND DOCUMENT RETENTION REQUIREMENTS
  1. No later than sixty (60) days after the entry of this Consent Decree, defendant shall submit to counsel for the United States an initial report containing the following:
    1. A certification that the Notices refereed to in paragraph IV above have been provided to current tenants of the rental units or sent to current condominium owners as well as a list of those persons' names and addresses; and
    2. A certification that copies of this Consent Decree have been provided pursuant to paragraph V above.
  2. Six (6) months after the entry of this Consent Decree, and every one (1) year thereafter for the term of this Decree, defendant shall submit to counsel for the United States reports containing the following:
    1. Information for new construction pursuant to section III;
    2. Certification that new employees have received a copy of this Consent Decree pursuant to V;
    3. A list of the persons, including their addresses, who elected to have the modifications made to their dwellings pursuant to section II.A.2. itemizing for each the modifications elected; and
    4. A certification that the retrofitting described in paragraphs II.A.2. and II.B. above has been completed.
  3. Defendant and its principals (Alan L. Molasky and Steven D. Molasky) shall provide counsel for the United States, for a period of three (3) years, no later than thirty (30) days after receipt of any written administrative or legal complaint against them, or against any of their employees or agents, regarding an alleged violation of 42 U.S.C. § 3604(f) relating to units designed and constructed after the date of entry of this Consent Decree, a copy of such complaint.
  4. For the term of this Consent Decree, defendant and its principals (Alan L. Molasky and Steven D. Molasky) are required to preserve all records related to this Consent Decree for all properties designed, constructed, owned, operated, or acquired by them. Upon reasonable notice, representatives of the United States shall be permitted to inspect and copy any such records related to any developments or residential units under defendant's or defendant's principals' control covered by the Act bearing on compliance with this Consent Decree at any and all reasonable times, provided, however, that the United States shall endeavor to minimize any inconvenience from such inspections.
  5. For the term of this Consent Decree, defendant shall allow the United States or a person or entity designated by the United States, upon reasonable notice, to inspect the public use and common areas and the interior of a rental or condominium unit to ensure compliance with this Consent Decree and to determine whether the retrofits have been performed within reasonable standards of the construction industry.
  1. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION
  1. This Consent Decree shall remain in effect for five and one-half (5½) years after the date of its entry.
  2. The United States' Complaint shall be dismissed with prejudice, but the Court shall retain the right, upon petition by the United States or defendant at any time during the duration of this Decree, to reopen the case for the purpose of enforcing the Decree. The parties to this Consent Decree 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.
  1. TIME FOR PERFORMANCE

Any time limits for performance imposed by this Consent Decree may be extended by the mutual agreement of the parties.

  1. XI. COSTS OF LITIGATION

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

It is so ORDERED this _____ day of _______________, 2001.


____________________________________
United States District Judge


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

FOR THE PLAINTIFF
UNITED STATES:

JOAN A. MAGAGNA
Chief
TIMOTHY J. MORAN
Deputy Chief
SUNNY E. PIETRAFESA
Attorney
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
202-616-2217

FOR DEFENDANT
PACIFIC PROPERTIES AND DEVELOPMENT CORPORATION:

THERESA L. KITAY
Coughing & KITAY, P.C.
3091 Holcomb Bridge Road
Suite A-1
Norcross, GA 30071
770-840-8483


APPENDIX A

Design plans for the interior of the remaining units to be constructed at Deerfield.


APPENDIX B(I)

PACIFIC ADAGIO: INTERIOR RETROFITS

Defendants shall make the following changes upon request of a current resident at no expense to the resident and within one week of request. If the current resident elects not to have any or all modifications, then the following changes are to be made automatically when the current resident moves out and before a new resident moves in.

In all 46 Largo covered units:

  1. Modify toilet compartment in master bathroom to pony wall to be compliant with ANSI A117.1.
  2. Move toilet to 18" from centerline to sidewall.

Defendant shall make the following changes upon request of a current resident of a covered unit or a prospective resident who has signed a lease for a covered unit at no expense to the resident and within one week of request:

In all 20 Allegro covered units, move toilet to 18" from centerline to sidewall.


APPENDIX B(II)

PACIFIC CARLISLE: INTERIOR RETROFITS

  1. Defendant shall make the following changes in all 110 individual ground floor units upon request of a current resident at a covered unit at no expense to the resident and within one week of request. If the current resident elects not to have any or all modifications, then the following changes are to be made automatically when the current resident moves out and before a new resident moves in.
    1. Lower exterior thresholds of primary entry doors to ½" or less.
    2. Widen door to master bathroom to create 32" clear opening in all 36 (2B) units and in all 38 (3) units.
    3. In all 36 two bedroom / two bath (2A) units: Modify toilet compartment in master bathroom to pony wall to be compliant with ANSI A117.1.
    4. Lower thermostats to no higher than 48" from the floor.
  2. Defendant shall make the following change in all 110 individual ground floor units upon request of a current resident of a covered unit or a prospective resident who has signed a lease for a covered unit at no expense to the resident and within one week of request:
    1. Provide a 16 cubic foot refrigerator to substitute for the existing 18 cubic foot refrigerator to create a 60" turning radius in U-shaped kitchens.

APPENDIX B(III)

PACIFIC DEERFIELD: INTERIOR RETROFITS

Defendants shall make the following changes upon request of current owners or at the time of the first sale from the current owners, at no expense to the seller or purchaser and within one week or request:

  1. In all 58 ground floor units: Lower thermostat to no more than 48" from the floor.
  2. In all 9 Willow units (2 bedroom / 2 bathroom): Relocate toilet to be 18" from centerline to sidewall.

APPENDIX B(IV)

PACIFIC LEGENDS EAST: INTERIOR RETROFITS

Defendants shall make the following changes upon request of current owners or at the time of first sale from current owners, at no expense to seller or purchaser in all 96 ground floor units within one week of request:

  1. Lower thermostats to no higher than 48".
  2. Reverse swing on door to second bathroom.

APPENDIX C(I)

PACIFIC ADAGIO: PUBLIC USE AND COMMON AREA RETROFITS

Within one year of the date on entry of the Consent Decree, the defendant shall make the following changes to the common areas:

  1. Regrade walkways at: Building 41, Unit 101; Building 23, Unit 101; Building 19, Unit 101; Building 16, Unit 104; Building 36, Units 101 and 104.
  2. Remove parking spaces blocking access aisles or curb ramps to 2% of total parking spaces.
  3. Regrade curb cuts at Unit 104, Building 6; Unit 103, Building 7; Unit 104, Building 11; Unit 103, Building 14; Unit 104, Building 30; Unit 101, Building 36; Unit 103, Building 39 OR Unit 104, Building 39; Unit 103, Building 40; Unit 103, Building 41; Building 42; Unit 101, Building 19; Unit 102, Building 32; Units 101 and 102, Building 17; and Units 101 and 102, Building 41.
  4. Leasing Office/Clubhouse:
    1. Add maneuvering clearance to gate to pool from clubhouse in compliance with ANSI A117.1.
    2. Replace hardware on door to exercise room in clubhouse to lever-style hardware.
    3. Reduce force required to open door to men's room in clubhouse to maximum of 5 pounds.
  5. Men's room:
    1. Reverse location of flush control.
    2. Lower mirror to be compliant with ANSI A117.1.
    3. Move soap dispenser to a location with clear floor space.
  6. Women's room:
    1. Lower mirror to be compliant with ANSI A117.1.
    2. Lower towel dispenser to be compliant with ANSI A117.1.
  7. At shower at pool at clubhouse:
    1. Add grab bars that are in compliance with ANSI A117.1.
    2. Add hand held shower sprayer.
    3. Lower drinking fountain to be in compliance with ANSI A117.1.
  8. In individual units: Change front entry door exterior hardware to lever-style hardware.

APPENDIX C(II)

PACIFIC CARLISLE: PUBLIC USE AND COMMON AREA RETROFITS

Within one year from the date of entry of the Consent Decree, the defendants shall make the following changes to the common areas:

  1. Add handrails to the sloped path leading to Building 21 in compliance with ANSI A117.1.
  2. Regrade curb ramps at Building 3 and Building 4.
  3. Repair the edges of the entrance to Unit 104, so that there is a 36" wide path of travel.
  4. Adjust the height of the existing handrails at Unit 103, Building 11 so that it is in compliance with ANSI A117.1. and repaint.
  5. Make the following changes to common areas of the property:
    1. Add an accessible path to one barbecue/picnic area in compliance with ANSI A117.1.
    2. Add an accessible path to the children's play area in compliance with ANSI A117.1.
    3. Increase the access aisle for the accessible parking space at the Leasing Office to 96".
    4. Add a seat to the pool shower.
    5. Replace lavatories in men's and women's restrooms at Leasing Office with wall mounted lavatories.
    6. Lower mirrors in both men's and women's restrooms at Leasing Office in compliance with ANSI A117.1.

APPENDIX C(III)

PACIFIC DEERFIELD: PUBLIC USE AND COMMON AREA RETROFITS

Upon permission from the homeowners' association or when permitted by order of the Court, the defendant shall make the following changes to the common areas:

  1. Regrade the following walkways: Unit 1008 (accessible route near gate to dwelling units - cross slope only) and Unit 1144 (curb ramp; cross slope only).
  2. Remove parking spaces blocking curb ramps near Units 426, 726, and 1143.
  3. Replant landscaping to create adequate pull side maneuvering area at gates to pool in compliance with ANSI A117.1.
  4. Make the following changes in the clubhouse:
    1. Men's Room:
      1. Lower toilet paper dispenser to be compliant with ANSI A117.1.
      2. Change lavatory to create adequate knee space in compliance with ANSI A117.1.
      3. Reverse location of flush control.
    2. Women's Room:
      1. Lower toilet paper dispenser to be compliant with ANSI A117.1.
      2. Change lavatory to create adequate knee space to be in compliance with ANSI A117.1.

APPENDIX C(IV)

PACIFIC LEGENDS EAST: PUBLIC USE AND COMMON AREA RETROFITS

Upon permission from the homeowners' association or when permitted by order of the Court, defendant shall make the following changes to the common areas:

  1. Regrade the following curb ramps: Unit 108, Building 2; Unit 107, Building 2; Unit 119, Building 24; Unit 1093, Building 19 (cross slope only); Unit 1101, Building 20 (cross slope only); Unit 1076, Building 15 (cross slope in addition); Unit 121, Building 5 (cross slope only); Unit 1030, Building 13 (cross slope only); Unit 1021, Building 12 (cross slope in addition); Unit 1022, Building 12; Unit 110, Building 11 (cross slope only); and Unit 1109, Building 22 (cross slope only).
  2. Add handrails on both sides to path to Building 20 in compliance with ANSI A117.1.
  3. Regrade walkway to Unit 1090, Building 18.
  4. Add 5' wide access aisle to accessible parking space at Building 19.
  5. Make the following changes to other common areas:
    1. In men's room in sales office, relocate flush control on toilet.
    2. In women's room in sales office, relocate flush control on toilet.
    3. Add grab bars to shower at pool in compliance with ANSI A117.1.
    4. Add hand held shower sprayer to shower at pool.
    5. Relocate vending machine at pool so it does not block water fountain in compliance with ANSI A117.1.

APPENDIX D(I)

NOTIFICATION LETTER

PACIFIC PROPERTIES AND DEVELOPMENT: PACIFIC ADAGIO

Dear Resident:

As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.

The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.

We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:

  1. In all Largo units:
    • Modify toilet compartment in master bathroom to pony wall to be compliant with ANSI A117.1.
    • Move toilet to 18" from centerline to sidewall.
  2. In all Allegro units:
    • Move toilet to 18" from centerline to sidewall.

If you wish to have these changes made to your unit you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time during your lease within the next five (5) years.

A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have. Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.

Sincerely,

APPENDIX D(II)

NOTIFICATION LETTER

PACIFIC PROPERTIES AND DEVELOPMENT: PACIFIC CARLISLE

Dear Resident:

As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.

The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.

We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:

  1. Lower exterior thresholds of primary entry doors to ½" or less.
  2. Widen door to master bathroom to create 32" clear opening.
  3. In all two bedroom/two bath units, modify toilet compartment in master bathroom to pony wall to be compliant with ANSI A117.1.
  4. Lower thermostats to no higher than 48" from the floor.
  5. Provide a 16 cubic foot refrigerator to substitute for the existing 18 cubic foot refrigerator to create 60" turning radius in U-shaped kitchens.

If you wish to have these changes made to your unit you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time during your lease within the next five (5) years.

A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have.

Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.

Sincerely,

APPENDIX D(III)

NOTIFICATION LETTER

PACIFIC PROPERTIES AND DEVELOPMENT: PACIFIC DEERFIELD

Dear Owner:

As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.

The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.

We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:

  1. Lowering the thermostat to mo more than 48" from the floor.
  2. In Willow units ONLY (2 bedroom / 2 bathroom): Relocating the toilets to be 18" from its centerline to the sidewall.

If you wish to have these changes made to your unit, you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time within the next five (5) years.

A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have. Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.

Sincerely,

APPENDIX D(IV)

NOTIFICATION LETTER

PACIFIC PROPERTIES AND DEVELOPMENT: PACIFIC LEGENDS EAST

Dear Owner:

As you may know, the United States, through the Department of Justice, has alleged that we failed to design and build certain accessibility enhancing features in the ground-floor units at Pacific Deerfield in violation of the Fair Housing Act, 42 U.S.C. § 3604. Your unit is among those the United States alleges do not have the required access features for persons with disabilities.

The lack of accessible features might interfere with your ability to use your home should you or someone living with you become disabled. In addition, many people find that accessible housing is more attractive and functional regardless of whether they are disabled.

We have agreed with the United States to resolve this controversy by making structural modifications in your unit that would bring it into substantial compliance with the Fair Housing Act. Generally, these modifications would include:

  1. Lower thermostats to be no higher than 48" from the floor.
  2. Reverse swing direction on the door to second bathroom.

If you wish to have these changes made to your unit you must inform ----------- in writing at the above address of your desire to have the work performed. We have included a form with this letter to assist you in this process. You may simply check off the features that you would like to be modified in your home, sign and date the form, and return the form to ------. You do not have to make this decision immediately. According to the terms of the Consent Decree in this case, you may elect to have these modifications completed in your home at any time within the next five (5) years.

A copy of the agreement we reached with the United States will be made available for your inspection at the rental office. An attorney from the Department of Justice is willing to discuss the settlement with you and answer any questions you may have. Inquiries may be directed to Sunny Pietrafesa by calling 202-616-2217.

Sincerely,

APPENDIX E(I)

MODIFICATION SELECTION FORM

PACIFIC PROPERTIES AND DEVELOPMENT

PACIFIC ADAGIO

Name of Resident: ________________________

Mailing Address: ________________________
__________________________________________

Telephone Number: _______________________

I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:

YES NO
(Initial) _____ _____ Modify toilet compartment to be compliant with ANSI A117.1 (Largo units only)
_____ _____ Relocate toilets to be 18" from its centerline to sidewall.

_____________________
Signature of Resident

_____________________
Date


APPENDIX E(II)

MODIFICATION SELECTION FORM

PACIFIC PROPERTIES AND DEVELOPMENT

PACIFIC CARLISLE

Name of Resident: ________________________

Mailing Address: ________________________
__________________________________________

Telephone Number: _______________________

I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:

YES NO
(Initial) _____ _____ Lower exterior thresholds of primary entrance doors to ½" or less.
_____ _____ Widen door to master bathroom to create 32" clear opening.
_____ _____ Modify toilet compartment in master bathroom to pony wall to be compliant with ANSI A117.1. (Two bedroom/two bathroom units only
_____ _____ Lower thermostats to no higher than 48" from the floor.
_____ _____ Provide a smaller capacity refrigerator to substitute for existing appliance to create a 60" turning radius in U-shaped kitchen.

_____________________
Signature of Resident

_____________________
Date


APPENDIX E(III)

MODIFICATION SELECTION FORM

PACIFIC PROPERTIES AND DEVELOPMENT

PACIFIC DEERFIELD

Name of Resident: ________________________

Mailing Address: ________________________
__________________________________________

Telephone Number: _______________________

I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:

YES NO
(Initial) _____ _____ Lower the thermostat to no more than 48" from the floor.
_____ _____ In Willow units ONLY: Relocate toilets to be 18" from its centerline to the sidewall.

_____________________
Signature of Resident

_____________________
Date


APPENDIX E(IV)

MODIFICATION SELECTION FORM

PACIFIC PROPERTIES AND DEVELOPMENT

PACIFIC LEGENDS EASY

Name of Resident: ________________________

Mailing Address: ________________________
__________________________________________

Telephone Number: _______________________

I am aware that all of the modifications are available for my unit and am hereby requesting that my unit be modified as follows:

YES NO
(Initial) _____ _____ Lower the thermostats to no higher than 48" from the floor.
_____ _____ Reverse swing direction on the door to the second bathroom.

_____________________
Signature of Resident

_____________________
Date



1. Because defendant has not completed the retrofits required under this Consent Decree, the parties are unable to determine the exact amount such retrofits will cost. The amounts contained in this Consent Decree are good faith estimates of the costs of retrofitting the properties. The parties acknowledge that the amount specified in this section of the Consent Decree, as well as in Section II.B., does not represent either a minimum or maximum amount defendant shall pay to perform the retrofits and that the actual costs of retrofitting may exceed or be less than these good faith estimates.

2. For purposes of this Consent Decree, counsel for the United States is Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, P.O. Box 65998, Washington, D.C. 20035-5998. Reference should be made to DJ#s 175-46-76, 175-46-77, 175-46-78, 175-46-79.


Document Entered: February 28, 2001 > >

Updated August 6, 2015

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