Housing And Civil Enforcement Cases Documents

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MONTANA
(MISSOULA DIVISION)

UNITED STATES OF AMERICA,
     Plaintiff,

v.

CV99-176-M-DWM

EL DORITA VILLAGE LIMITED
PARTNERSHIP; COLLINS MANAGEMENT
COMPANY; KIM CAMDEN; BRUCE GIBSON;
and LORRAINE GIBSON,
     Defendants.

___________________________________

CONSENT DECREE

On December 21, 1999, the United States commenced this action on behalf of Alecia Ferguson and her minor daughters Ashley and Abigail Ferguson (collectively, the "Ferguson family"), and Montana Fair Housing, against El Dorita Village Limited Partnership (hereinafter, "El Dorita Partnership"), Collins Management Company (hereinafter, "Collins Management"), Kim Camden, Bruce Gibson, and Lorraine Gibson (collectively, "Defendants"). The Ferguson family are former residents of El Dorita Village Apartments, located at 420 Liberty Street in Kalispell, Montana. Defendants are or were, at the time of the Ferguson family's residency there, the owners, operators, and managers of El Dorita Village Apartments. Defendant El Dorita Partnership receives federal financial assistance in the operation of the apartments under the Section 8 program of the Department of Housing and Urban Development (HUD). Montana Fair Housing is a non-profit corporation that promotes fair housing opportunities throughout the State of Montana.

The Complaint was brought 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 (hereinafter, "HUD") performed 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. The Ferguson family and Defendants elected to have the matter resolved in a federal civil action pursuant to 42 U.S.C. § 3612(a).

After the filing of the Complaint in this matter, HUD's Office of Fair Housing and Equal Opportunity issued Final Determinations of Noncompliance with Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, against Defendant El Dorita Partnership. HUD had previously performed an investigation and issued Preliminary Findings of Noncompliance with the Rehabilitation Act, pursuant to 24 C.F.R. § 8.56. Pursuant to 24 C.F.R. § 8.57, and upon the request of Defendant El Dorita Partnership, HUD then referred the Rehabilitation Act Determinations to the Department of Justice for resolution. Simultaneously with the filing of the Motion to Enter this Consent Decree, the United States is filing a Motion for Leave to Amend Complaint and an Amended Complaint, to assert additional claims against Defendant El Dorita Partnership under the Rehabilitation Act.

The Amended Complaint alleges that Alecia and Abigail Ferguson are persons with handicaps and individuals with disabilities within the meaning of 42 U.S.C. § 3602(h) and 29 U.S.C. § 705(20), and that the disabilities of Alecia and Abigail Ferguson required the family to have overnight guests to assist them in their home. The Amended Complaint alleges that the Ferguson family needed, as a reasonable accommodation for the disabilities of Alecia and Abigail, an exception to Defendants' policies and practices of limiting tenants' overnight guests, and that Defendants refused to grant that accommodation. The United States complains that Defendants violated prohibitions, found in both the Fair Housing Act and the Rehabilitation Act, on discrimination against people with disabilities and those associated with them, by refusing to grant the Ferguson family a reasonable accommodation necessary to provide the family an equal opportunity to use and enjoy a dwelling, and by ultimately evicting the family for having overnight guests, in violation of 42 U.S.C. §§ 3604(f)(1), (f)(2), and (f)(3)(B), 29 U.S.C. § 794, and 24 C.F.R. §§ 8.4, 8.11, and 8.33. The United States further complains that Defendant El Dorita Partnership violated theÅ Rehabilitation Act's self-evaluation, notice, and grievance procedure requirements, 24 C.F.R. §§ 8.51, 8.53, and 8.54.

The United States and Defendants agree that, in order to conserve time and expense, the controversy should be resolved without further litigation. Therefore, the United States and Defendants have voluntarily consented to this Decree, as indicated by the signatures appearing below. The United States and Defendants enter this Consent Decree to resolve and discharge all claims that were brought as part of the charges of discrimination set forth in HUDALJ Charge Nos. 08-96-0162-8 and 08-96-0161-8, HUD Final Determinations of Noncompliance Nos. 08-96-02-024-370 and 08-96-02-023-370, and in this action. By agreeing to this Consent Decree, Defendants do not admit the allegations of the Complaint or the Amended Complaint.

Accordingly, it is ORDERED, ADJUDGED, and DECREED that:

  1. PROHIBITORY INJUNCTION

Defendants, their employees, officers, partners, agents, successors and assigns, and all those acting in concert or participation with them in the ownership, operation, or management of housing, are hereby enjoined from:

  1. Refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations are necessary to afford a renter with a disability, a person associated with a renter with a disability, or a person residing or intending to reside with a renter with a disability, an equal opportunity to use and enjoy a dwelling;
  2. Discriminating in the rental of a dwelling, or otherwise making a dwelling unavailable, because of a disability of a renter, a person associated with a renter, or a person residing or intending to reside in the dwelling;
  3. Discriminating in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of a renter, a person associated with a renter, or a person residing or intending to reside in the dwelling; and
  4. Retaliating against or interfering with any person or entity, including without limitation the Ferguson family and Montana Fair Housing, on account of the exercise of any right under the Fair Housing Act or the Rehabilitation Act.

  1. AFFIRMATIVE RELIEF
  1. Fair Housing, Reasonable Accommodation, and Grievance Policies and Procedures
    1. Defendants El Dorita Partnership and Collins Management, in connection with all housing owned, operated, or managed by either of them, shall follow the Fair Housing Policy annexed hereto in Exhibit A. Among other things, the Fair Housing Policy provides: El Dorita Partnership and Collins Management officers and employees are prohibited from discriminating in any aspect of renting housing because of race, color, religion, national origin, sex, family status, disability (handicap) or need for reasonable accommodation; requests for reasonable accommodations will be granted so long as the accommodation is needed because of disability and the accommodation is not extremely costly and does not fundamentally change the housing program; all information gathered in the reasonable accommodation request, verification, and determination process will be kept confidential; and any officer or employee who does not comply with the Fair Housing Policy will be subject to disciplinary action, termination, and/or legal sanctions.
    2. Defendants El Dorita Partnership and Collins Management, in connection with all housing owned, operated, or managed by either of them, shall follow and use the following provisions and forms contained in the Collins Management Residents' Handbook (hereinafter "Residents' Handbook") annexed hereto as Exhibit B: the Equal Housing Opportunity Statement, the Grievance Procedure, the Sample Request for Reasonable Accommodation packet forms, and various references to the opportunity for residents to request and the duty of Collins Management to provide reasonable accommodations. The Sample Request for Reasonable Accommodation Packet includes the following forms: Request for Reasonable Accommodation ("Request form"), Verification of Request for Reasonable Accommodation ("Verification form"), and Approval or Denial of Reasonable Accommodation Request ("Approval form"). During the pendency of this Decree, Defendants El Dorita Partnership and Collins Management Company shall not change these provisions and forms in the Residents' Handbook from their current format in Exhibit B without prior written authorization by the United States.
    3. Defendants El Dorita Partnership and Collins Management shall provide looseleaf copies of the Request and Verification forms to any tenant or applicant for tenancy at any housing owned, operated, or managed by either of them, whenever the tenant or applicant, or someone acting on behalf of the tenant or applicant, requests such forms or makes an oral or written request for a reasonable accommodation without using the forms, unless the request is immediately granted. If a tenant or applicant has difficulty completing the forms, Defendants El Dorita Partnership and Collins Management shall take the reasonable accommodation request orally.
    4. Whenever Defendants El Dorita Partnership or Collins Management receive an oral or written request for reasonable accommodation and determine that they need confirmation from a health care provider that the tenant, applicant, household member, or guest is a person with a disability and that the accommodation is necessary to provide the tenant or applicant an equal opportunity to use and enjoy the premises, they shall provide the Verification form to the health care provider along with a copy of the completed Request form and a self-addressed, stamped envelope. It will not be necessary to use the Verification form where the disability and need for reasonable accommodation are readily apparent, such as when a sight-impaired or hearing-impaired tenant needs an exception to a no-pets rule for a service animal.
    5. Defendants El Dorita Partnership and Collins Management shall, in connection with all housing owned, operated, or managed by either of them, respond to all oral or written requests for reasonable accommodations using the Approval form, with the exception that oral requests may be immediately granted without using said form. Tenants or applicants who have apparent difficulty reading shall be given an oral response in addition to the Approval form. No request for a reasonable accommodation may be denied without the concurrence of two officers or employees of Defendants El Dorita Partnership or Collins Management, who both must sign the Approval form. Defendants El Dorita Partnership and Collins Management shall respond to any oral or written request for a reasonable accommodation within two weeks of receipt of the request, and shall mail or hand-deliver the Approval form to the tenant or applicant.
    6. Defendants El Dorita Partnership and Collins Management, in connection with all housing owned, operated, or managed by either of them, shall follow the terms of the Grievance Procedure in the Residents' Handbook. The Grievance Procedure is available to all tenants to voice complaints about, e.g., discriminatory housing practices, denials of reasonable accommodations, and retaliation. The Grievance Procedure may also be used to address other matters, so as to satisfy the Order entered in the matter Secretary v. Bruce Gibson et al., HUDALJ Nos. 08-96-0104-8 et al. Among other things, the Grievance Procedure specifically provides: employees of Collins Management who are not employed at the properties where tenants live are available to receive tenant grievances; any Collins Management employee receiving a grievance will, unless permission to disclose is given by the tenant, keep the tenant's identity confidential; and no tenant will be retaliated against for having raised a grievance.
    7. Within sixty (60) days after the entry of this Decree, Defendants El Dorita Partnership and Collins Management shall furnish copies of the Fair Housing Policy and the Residents' Handbook to each of their respective current officers, managing or general partners, and employees.
    8. Defendants El Dorita Partnership and Collins Management shall secure from each current officer, managing or general partner, and employee a signed, dated statement, substantially in the form annexed hereto in Exhibit C, attesting that the officer, partner, or employee: (a) has received, has read, understands, and will follow the Fair Housing Policy and the Grievance Procedure; (b) will keep confidential all medical or disability-related information gathered in the reasonable accommodation request, verification, and review process; and (c) will use the Verification and Approval forms when applicable. Within seventy (70) days after the entry of this Decree, Defendants El Dorita Partnership and Collins Management shall furnish copies of these signed statements to the United States and to Montana Fair Housing.
    9. From the entry of this Decree until August 30, 2002, Defendants El Dorita Partnership and Collins Management shall furnish copies of the Fair Housing Policy and the Residents' Handbook to each of their respective new officers, managing or general partners, and employees within ten (10) days of the start of their respective terms of office, partnership, or employment.
    10. From the entry of this Decree until August 30, 2002, Defendants El Dorita Partnership and Collins Management shall secure from each new officer, managing or general partner, and employee a signed, dated statement, substantially in the form annexed hereto in Exhibit C, attesting that the officer, partner, or employee: (a) has received, has read, understands, and will follow the Fair Housing Policy and the Grievance Procedure; (b) will keep confidential all medical or disability-related information gathered in the reasonable accommodation request, verification, and review process; and (c) will use the Verification and Approval forms when applicable. Defendants El Dorita Partnership and Collins Management shall, on or before August 30, 2002, furnish copies of these signed statements to the United States and to Montana Fair Housing.
    11. Within sixty (60) days after the entry of this Decree, Defendants El Dorita Partnership and Collins Management shall distribute to all tenants of each property owned, operated, or managed by either of them, by hand-delivery or by mail, copies of the Residents' Handbook.
    12. Within seventy (70) days after the entry of this Decree, Defendants El Dorita Partnership and Collins Management shall certify to the United States and to Montana Fair Housing, by signed, dated statement substantially in the form annexed hereto in Exhibit D, that they have delivered copies of the Residents' Handbook to each tenant household at each property owned, operated, or managed by either of them. The certification shall list the property locations and state whether the copies were mailed or hand-delivered.
    13. From the entry of this Decree until August 30, 2002, Defendants El Dorita Partnership and Collins Management shall furnish copies of the Residents' Handbook to each new tenant at each property owned, operated, or managed by either of them at the time each new tenant signs a lease.
    14. From the entry of this Decree until August 30, 2002, Defendants El Dorita Partnership and Collins Management shall secure from each new tenant at each property owned, operated, or managed by either of them a signed, dated statement, substantially in the form annexed hereto in Exhibit E, attesting that the tenant has received the Residents' Handbook. Defendants El Dorita Partnership and Collins Management shall, on or before August 30, 2002, furnish copies of these signed statements to the United States and to Montana Fair Housing.
  2. Employee, Officer, and Partner Training
    1. Within one hundred and twenty (120) days after the entry of this Decree, Defendants El Dorita Partnership and Collins Management shall require, as a condition of continued employment or term of office or partnership respectively, all of their employees, officers, or partners who are involved in the day-to-day management of any of their rental properties or who, in the course and scope of their employment, might reasonably be expected to come into contact with tenants or applicants for tenancy, to attend training on the disability discrimination provisions of the Fair Housing Act, unless said employee, officer, or partner has already attended such training in the past twelve (12) months. Any employees, officers, or partners who are not involved in the day-to-day management of rental properties and who, in the course and scope of their employment, would not reasonably be expected to come into contact with tenants or applicants for tenancy, do not need to attend the training.
    2. The employee, officer, and partner training shall be conducted (whether in person or by video) by Montana Fair Housing, or by another organization approved in writing by the United States, and the usual and customary fee for the training shall be paid by Defendants El Dorita Partnership and Collins Management. The training shall address the prohibitions of the Fair Housing Act and the Rehabilitation Act on discrimination against persons with disabilities and Defendants' affirmative duty to provide reasonable accommodations necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling. The training may take place in conjunction with other training, such as that ordered in the matter Secretary v. Bruce Gibson et al., HUDALJ Nos. 08-96-0104-8 et al.
    3. Defendants El Dorita Partnership and Collins Management shall secure from each employee, officer, and partner who attends the aforementioned training, or who has attended such a training in the past twelve (12) months, a signed, dated statement, substantially in the form annexed hereto in Exhibit F, attesting that the employee, officer, or partner has attended the training and promises to comply with the disability provisions of the Fair Housing Act and the Rehabilitation Act in the course of employment or term of office or partnership, as appropriate. Defendants El Dorita Partnership and Collins Management shall, within one hundred and thirty (130) days following the entry of this Order, furnish copies of these signed statements to the United States and to Montana Fair Housing.
    4. Defendant Kim Camden shall attend the aforementioned training if she has not already attended such a training within the past twelve (12) months. Within one hundred and thirty (130) days following the entry of this Order, Defendant Kim Camden shall send to the United States and to Montana Fair Housing a copy of her own signed, dated statement, substantially in the form annexed hereto in Exhibit G, attesting that she has attended the training and promises to comply with her duties and responsibilities under the Rehabilitation Act and the Fair Housing Act.
  3. Certification in Lieu of Training

    Defendants Bruce Gibson and Lorraine Gibson represent that they are not currently in the employ of El Dorita Partnership and/or Collins Management. To ensure future compliance with the Fair Housing Act, Defendants Bruce Gibson and Lorraine Gibson shall each, within ten (10) days after the entry of this Decree, execute and furnish to the United States and to Montana Fair Housing signed, dated statements, substantially in the form annexed hereto in Exhibit H, attesting to personal knowledge of the requirements of the Fair Housing Act and promising to comply with their duties and responsibilities under the Fair Housing Act.

  4. Rehabilitation Act Compliance
    1. Within sixty (60) days after entry of this Decree, Defendant El Dorita Partnership shall perform a self-evaluation of El Dorita Village Apartments as required by 24 C.F.R. § 8.51, and shall furnish to the United States and to Montana Fair Housing the items described in 24 C.F.R. § 8.51(b) (i.e., a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken).
    2. Within ten (10) days after entry of this Decree, Defendant El Dorita Partnership shall designate a "responsible employee" (also known as a "504 Coordinator") as required by 24 C.F.R. § 8.53(a) and 24 C.F.R. § 8.54(a), and shall furnish to the United States and to Montana Fair Housing this person's name, address, and telephone number.
  5. Notice Provision

    Whenever pursuant to this Decree any document, statement, or communication, not including any check for monies, is to be furnished to the United States, Montana Fair Housing, or any of the Defendants, the document, statement, or communication shall be sent to:

    if to the United States, to BOTH:

    William W. Mercer, Assistant United States Attorney
    Post Office Box 8329
    Missoula, Montana 59807

          and

    Lauren E. Willis, Trial Attorney
    Housing & Civil Enforcement Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 65998
    Washington, DC 20035-5998
    fax: (202) 514-1116

          if to Montana Fair Housing:

    Susan Fifield, Director
    Montana Fair Housing
    940 Kensington
    Missoula, Montana 59802

          if to Defendants:

    Dan L. Spoon
    REEP, SPOON & GORDON, P.C.
    320 West Broadway, 2nd Floor
    P.O. Box 9019
    Missoula, Montana 59807-9019

  1. MONETARY RELIEF
  1. Within ten (10) days following the entry of this Decree, Defendants shall make the following monetary disbursements:
    1. Twenty-Six Thousand One-Hundred and Forty Dollars ($26,140.00) payable to "Alecia Ferguson";
    2. Thirteen Thousand Eight Hundred and Sixty Dollars ($13,860.00) payable to "Montana Advocacy Program";
    3. Six Thousand Five Hundred Dollars ($6,500.00) payable to "Montana Fair Housing"; and
    4. One Thousand Dollars ($1,000.00) civil penalty payable to the "United States Department of Justice."

    All disbursements shall be mailed to United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, DJ# 175-12C-479, Post Office Box 65998, Washington, D.C. 20035-5998.

  2. Defendants may neither treat, nor ask HUD for permission to treat, the aforementioned payments or any part thereof as an operating expense in connection with any HUD-insured or HUD-subsidized project owned, operated, or managed by Defendants including, but not limited to, El Dorita Village Apartments.
  3. In consideration of the aforementioned payment to Alecia Ferguson of Twenty-Six Thousand One-Hundred and Forty Dollars ($26,140.00) and to Montana Advocacy Program of Thirteen Thousand Eight Hundred and Sixty Dollars ($13,860.00), Alecia Ferguson, on her own behalf and on behalf of her minor children Ashley and Abigail, shall execute a release, substantially in the form annexed hereto in Exhibit I, signifying that the amount received constitutes full settlement of any and all claims the Ferguson family may have against Defendants related to the subject matter of the Amended Complaint through the date of the release. The funds distributed to Alecia Ferguson are intended to compensate the Ferguson family for increased housing costs, lost housing opportunities, emotional distress and other injuries, and the funds distributed to Montana Advocacy Program are intended to compensate for the attorney fees and costs associated with representing the Ferguson family in this matter.
  4. In consideration of the aforementioned payment to Montana Fair Housing of Six Thousand Five Hundred Dollars ($6,500.00), Montana Fair Housing shall execute a release, substantially in the form annexed hereto in Exhibit J, signifying that the amount received constitutes full settlement of any and all claims it may have against Defendants related to the subject matter of the Amended Complaint through the date of the release. Montana Fair Housing shall use said Six Thousand Five Hundred Dollars ($6,500.00) for its attorney fees and costs associated with this matter, and to provide outreach, training, assistance to aggrieved persons, and/or other activities that affirmatively further fair housing for persons with disabilities within the State of Montana, at the discretion of Montana Fair Housing.
  1. DISMISSAL AND ENFORCEMENT
  1. This Decree shall remain in effect until September 29, 2002, so as to run concurrently with the Order entered against Defendants in the matter Secretary v. Bruce Gibson et al., HUDALJ Nos. 08-96-0104-8 et al.
  2. The claims for monetary relief asserted in this action are dismissed with prejudice upon payment of the funds and execution of the releases described in Section III of this Decree. The claims for injunctive and affirmative action relief asserted in this action are dismissed without prejudice, in order that this Court shall retain jurisdiction of this action for the purpose of enforcing the ongoing injunction and affirmative relief provisions of Sections I and II of this Decree. If no motion to enforce this Decree is filed with the Court by the United States on or before September 29, 2002, this action shall be dismissed with prejudice in its entirety.
  3. The parties to this Decree shall endeavor in good faith to resolve informally any differences regarding the interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. Where the United States has contacted Defendants or their counsel in writing in an attempt to resolve informally any differences, and the Defendants or their counsel have not responded within twenty (20) days of receipt, the United States has satisfied its good faith obligations. In the event of a violation by Defendants of this Consent Decree, including a failure by Defendants to perform in a timely manner any act required by this Decree, 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 an act or payment of a penalty, an award of damages, and an award of any costs and reasonable attorneys' fees that have been occasioned by the violation or failure to perform.

SO ORDERED this ___ day of ________, 2000:

Donald W. Molloy
United States District Court Judge

Agreed to by the parties as indicated by the signatures of counsel appearing on the following page:

For Plaintiff United States:

Joan A. Magagna
Chief, Housing and Civil Enforcement Section
BRIAN F. HEFFERNAN
Deputy Chief
LAUREN E. WILLIS
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 307-3025

SHERRY SCHEEL MATTEUCCI
United States Attorney

WILLIAM W. MERCER
Asst. United States Attorney
Post Office Box 8329
Missoula, Montana 59807

For Defendants El Dorita Village Limited Partnership, Collins Management Company, Kim Camden, Bruce Gibson, and Lorraine Gibson:

Dan L. Spoon
REEP, SPOON & GORDON, P.C.
320 West Broadway, 2nd Floor
P.O. Box 9019
Missoula, Montana 59807-9019



FAIR HOUSING POLICY

Fair housing for all is the policy of Collins Management Company and El Dorita Village Limited Partnership, and is the law. All officers, employees, partners, and agents of Collins Management are forbidden from discriminating against anyone in any aspect of renting housing because of race, color, religion, national origin, sex, family status, disability (handicap) or need for reasonable accommodation. Harassment because of race, color, religion, national origin, sex, family status, disability, or need for reasonable accommodation is a form of discrimination and is forbidden by this policy and by the law. Tenants and their guests have the right not to be discriminated against or harassed.

A tenant or applicant for tenancy is entitled to a reasonable accommodation in any rule, practice, policy, or service of Collins Management or the Department of Housing and Urban Development (HUD), when the reasonable accommodation is needed because of disability (handicap) of the applicant, tenant, or any person associated with the tenant such as a guest. If the accommodation is needed because of disability and is reasonable, it must be granted. An accommodation is reasonable when it is not extremely costly and does not fundamentally change the housing program. When a tenant receives a reasonable accommodation, the regular rules, practices, policies, and services are still followed for tenants who do not need the accommodation for disabilities.

Tenants or applicants may make oral requests for reasonable accommodations or may use Request for Reasonable Accommodation and Verification forms, provided in the Residents' Handbook and upon request. Collins Management will respond to all oral and written requests within two weeks (or sooner if the situation requires an immediate response), and will generally assume that the person requesting a reasonable accommodation is most knowledgeable with respect to his/her disability and the accommodations that are needed for it. Most serious medically-treated conditions are considered to be a disability. The tenant or applicant may be asked for information about the disability that is directly relevant to providing an accommodation. Information about a disability will be kept confidential. A request by a tenant for a reasonable accommodation may only be denied when the reasons are stated to the tenant in writing on an Approval or Denial of Accommodation form, a copy of which is in the Residents' Handbook, and only when Collins Management has determined, based on evidence, that the accommodation is not reasonable or is not needed because of disability.

Any officer, employee, partner, or agent of Collins Management Company or El Dorita Village Limited Partnership who does not comply with this Fair Housing Policy will be subject to disciplinary action, termination of employment, and/or sanctions by a court of law.



OFFICER, PARTNER, AND EMPLOYEE STATEMENT REGARDING
FAIR HOUSING POLICY, GRIEVANCE PROCEDURE, AND REQUEST FOR
REASONABLE ACCOMMODATION PACKET

By my signature below, I attest that I have received and have read the Fair Housing Policy and the Collins Management Company Residents' Handbook. By my signature below, I further promise to follow the Fair Housing Policy and the Grievance Procedure when applicable, to use the forms in the Request for Reasonable Accommodation Packet when applicable, and to keep information about tenants' and their guests' disabilities or medical conditions confidential:

          Printed Name           Signature          Date



CERTIFICATION OF DELIVERY OF RESIDENTS' HANDBOOK TO TENANTS

We, El Dorita Village Limited Partnership and Collins Management Company, hereby certify that we have delivered copies of the Collins Management Company Residents' Handbook (incorporating the Equal Housing Opportunity Statement, the Grievance Procedure, and the Sample Request for Reasonable Accommodation Packet) to each tenant household at each property that is owned, operated, or managed by either or both of us, by either mail or hand-delivery, as follows:

          Property Location          Mail or Hand-Delivery

For El Dorita Village Limited Partnership: For Collins Management Company:
title: title:
printed name: printed name:
signature: signature:
date: date:



RESIDENTS' HANDBOOK: TENANT RECEIPT

I have received a copy of the Collins Management Company Residents' Handbook that includes the Equal Housing Opportunity Statement, the Grievance Procedure, and the Sample Request for Reasonable Accommodation Packet.

      Printed Name      Signature      Address      Date



OFFICER, PARTNER, AND EMPLOYEE STATEMENT REGARDING
FAIR HOUSING TRAINING

By my signature below, I attest that on the date specified below, I received Fair Housing training, including training on my duty to provide reasonable accommodations when necessary to give persons with disabilities an equal opportunity to use and enjoy a dwelling. I promise, to the best of my ability, to comply with the Rehabilitation Act and the Fair Housing Act in the course of my employment or term of office, as applicable.

      Printed Name      Position      Signature      Date of Training



STATEMENT OF KIM CAMDEN REGARDING
FAIR HOUSING TRAINING

By my signature below, I attest that on the date specified below, I received Fair Housing training, including training on my duty to provide reasonable accommodations when necessary to give persons with disabilities an equal opportunity to use and enjoy a dwelling. I promise and agree that I will fully comply, now and in the future, with all of my duties and responsibilities under the Fair Housing Act and the Rehabilitation Act.

Date of Training: _____________________

Signed this ____ day of ____________, 2000,

Kim Camden: __________________________
signature



STATEMENT OF BRUCE GIBSON REGARDING FAIR HOUSING

By my signature below, I attest that I am personally aware of the provisions of the Fair Housing Act and of my obligations under the Fair Housing Act. I promise and agree that I will fully comply, now and in the future, with all of my duties and responsibilities under the Fair Housing Act.

Signed this ____ day of __________, 2000,

Bruce Gibson: ___________________________
signature

_____________________________________________________________________

STATEMENT OF LORRAINE GIBSON REGARDING FAIR HOUSING

By my signature below, I attest that I am personally aware of the provisions of the Fair Housing Act and of my obligations under the Fair Housing Act. I promise and agree that I will fully comply, now and in the future, with all of my duties and responsibilities under the Fair Housing Act.

Signed this ____ day of __________, 2000,

Lorraine Gibson: ________________________
signature



RELEASE OF CLAIMS BY FERGUSON FAMILY

In consideration for the covenants and agreements made and reflected in the Consent Decree entered by the United States District Court for the District of Montana in the litigation United States v. El Dorita Village Limited Partnership et al., CV99-176-M-DWM, and in consideration of payment required to be made to me and to Montana Advocacy Program under said Decree, I, on behalf of myself, my children Ashley and Abigail Ferguson, and any of our heirs, executors, administrators, successors, assigns, agents, and representatives, hereby release and forever discharge all claims related to the facts at issue in said litigation, or in any way related to that litigation (including without limitation attorney fees and costs), and any other claims arising from alleged housing discrimination up to and including the date of execution of this release, that I or my children Ashley and Abigail Ferguson may have against El Dorita Village Limited Partnership, Collins Management Company, Kim Camden, Bruce Gibson, Lorraine Gibson, or any of their heirs, executors, administrators, successors, assigns, officers, agents, or employees.

I acknowledge that I relied upon the advice of independent counsel in executing this release.

Signed this ____ day of __________, 2000,

Alecia Ferguson, personally, and
as mother and legal guardian
of Ashley and Abigail Ferguson: _______________________
signature



RELEASE OF CLAIMS BY MONTANA FAIR HOUSING

In consideration for the covenants and agreements made and reflected in the Consent Decree entered by the United States District Court for the District of Montana in the litigation United States v. El Dorita Village Limited Partnership et al., CV99-176-M-DWM, and in consideration of payment required to be made to Montana Fair Housing under said Decree, I, as Director of Montana Fair Housing and empowered by the Board of Montana Fair Housing to so act, on behalf of Montana Fair Housing and its heirs, executors, administrators, successors, assigns, employees and agents, hereby release and forever discharge all claims related to the facts at issue in said litigation, or in any way related to that litigation (including without limitation attorney fees and costs), and any other claims arising from alleged housing discrimination committed against Alecia, Ashley, or Abigail Ferguson up to and including the date of execution of this release, that Montana Fair Housing may have against El Dorita Village Limited Partnership, Collins Management Company, Kim Camden, Bruce Gibson, Lorraine Gibson, or any of their heirs, executors, administrators, successors, assigns, officers, agents, or employees.

I acknowledge that I relied upon the advice of independent counsel in executing this release.

Signed this ____ day of __________, 2000,

Montana Fair Housing
By Susan Fifield, Director: ________________________
signature > >

Updated August 6, 2015

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