U.S. Department
of Justice
Housing And Civil Enforcement Cases Documents
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
______________________________
UNITED STATES OF AMERICA,
Plaintiff,
MICHELE JONES, individually and CIVIL ACTION NO. 05-0295-KD-B
on behalf of her minor child,
MIKAYLA R. JONES; and
ANGELA MACON,
BEAULAH L. STEVENS,
Defendant.
______________________________
CONSENT ORDER
I. Factual and Procedural Background
1. The United States initiated this action on May 18, 2005, against Beaulah L. Stevens ("Stevens"). In its complaint, the United States alleges that defendant violated the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 - 3619 ("the Act"), by discriminating on the basis of race or color with respect to the rental of single-family homes and mobile home lots in Saraland, Alabama.
2. The United States alleges that were this case to proceed to trial, the United States would present evidence including the following:
a. At all relevant times prior to the filing of this lawsuit, Defendant Stevens was the owner and lessor of a single-family house located at 146 Bayou Sara Avenue, Saraland, Mobile County, Alabama ("146 Bayou Sara Avenue"), as well as the eight other subject properties listed in Exhibit A, which include forty-one (41) rental units.
b. Beginning on or about March 1, 2002, Defendant discriminated against Michele Jones and her minor child, Mikayla Jones, when Defendant discovered that Mikayla Jones was biracial and that Ms. Jones associated with African-Americans. Defendant's discriminatory acts included statements implying that Ms. Jones was not allowed to have African-Americans visit Ms. Jones' house. Defendant further stated that everyone knew that she did not allow African-Americans to visit the area and that if she had known that Ms. Jones had a biracial child, she would not have allowed Ms. Jones to rent the house.
c. On or about October 1, 2003, the Mobile Fair Housing Center, a not-for-profit fair housing advocacy organization, located in Mobile, Alabama, conducted two fair housing tests by having similarly situated individuals pose as prospective tenants and inquire about the availability of rental properties owned by Defendant Stevens. The evidence indicates that white testers were treated differently than African-American testers, as follows:
i. Tester Family #1 consisted of an African-American male, his Caucasian "wife," and their biracial African-American/Caucasian minor daughter. Tester Family #2 consisted of a Caucasian male, his Caucasian "wife," and their Caucasian daughter.
ii. During the tests, Defendant Stevens denied any information to Tester Family #1 regarding the price, availability, lease requirements, application fee, or deposit amount for properties within Defendant Stevens' mobile park and refused to show any of her mobile park properties, while showing several available mobile park lots and discussing their price and availability to Tester Family #2.
iii. Defendant Stevens also made statements to Tester Family #2 indicating a preference not to rent to African-Americans.
d. The Defendant made additional statements indicating an intent to discriminate against African-Americans.
3. The United States alleges that the conduct of the Defendant as described in paragraph 2, above, constitutes a refusal to rent, a refusal to negotiate for the rental of, or otherwise making unavailable or denying dwellings to persons because of race or color, in violation of 42 U.S.C. § 3604(a); discrimination against persons in the terms, conditions or privileges of rental, or in the provision of services or facilities in connection therewith, because of race or color, in violation of 42 U.S.C. § 3604(b); the making of statements that indicate a preference based on race and/or national origin, in violation of 42 U.S.C. § 3604(c); and the coercion, intimidation, threatening, and interference with persons in the exercise or enjoyment of, or on account of their having exercised or enjoyed, their rights under the Fair Housing Act, in violation of 42 U.S.C. § 3617.
4. The United States further alleges that Defendant's conduct as described in paragraph 2, above, constitutes a pattern or practice of resistance to the full enjoyment of rights granted by the Act; or a denial to a group of persons of rights granted by the Act, which denial raises an issue of general public importance, in violation of 42 U.S.C. § 3614(a).
5. The Defendant denies the allegations of the United States and, were this case to proceed to trial, Defendant would present evidence contrary to that of the United States and showing that no violations of the Fair Housing Act occurred.
6. All parties desire to avoid costly and protracted litigation and agree that the claims against the Defendant should be settled and resolved without the necessity of a trial. The parties have agreed to the entry of this Consent Order, as indicated by the signatures below, as a full and final resolution of all claims of violation of the Fair Housing Act based on race or color that were alleged or could have been alleged in this action pursuant to 42 U.S.C. § 3614(a).
Therefore, it is ORDERED, ADJUDGED and DECREED as follows:
II. Injunction
7. Defendant, her agents, employees, successors, and all persons in active concert or participation with her are hereby enjoined, with respect to the rental of dwellings, from:
a. Refusing to rent a dwelling, refusing or failing to provide or offer information about a dwelling, or otherwise making unavailable or denying a dwelling to any person because of race or color;
b. Discriminating against any person in the terms, conditions or privileges of renting a dwelling because of race or color;
c. Making statements that indicate a preference based on race or color;
d. Misrepresenting to any person because of race or color that any dwelling is not available for inspection or rental when such dwelling is, in fact, so available; or
e. Coercing, intimidating, threatening or interfering with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any rights protected by the Act.
III. Nondiscrimination Policies and Procedures
8. Defendant's responsibilities under this Consent Order shall apply to each and every dwelling unit in which Defendant has an ownership, management, or other financial interest. Dwelling units subject to this Order are hereinafter referred to as "covered dwelling units," a current list of which is attached as Exhibit A. Defendant's signature to this Order serves as a certification of the completeness and accuracy of this list.
9. Defendant shall prepare and implement a uniform, Nondiscriminatory Policy, as set forth in Section VI, regarding the rental of covered dwelling units that shall be applied equally to all applicants, actual and prospective, regardless of their race or color. The text of the Nondiscrimination Policy shall be as set forth in Exhibit B hereto.
IV. Notice to Public of Nondiscrimination Policies
10. Within thirty (30) days after the date of entry of this Consent Order, Defendant shall take the following steps to notify the public of her nondiscriminatory policy:
a. Prominently post in the rental office that the Defendant may currently or subsequently use for the rental of dwellings, a fair housing sign no smaller than ten (10) inches by fourteen (14) inches that indicates that all property locations are available for rent on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement.
b. Whenever any covered dwelling unit is available, Defendant shall prominently post an easily readable "For Rent" or "Vacancy" sign or notice at the property location in which the dwelling unit is vacant. The sign or notice shall include the slogan "Equal Housing Opportunity" and/or the fair housing logo. Such slogan and logo shall be prominently displayed and easily readable.
c. Include the words "Equal Housing Opportunity" and/or the fair housing logo in all rental advertising conducted by Defendant, her agents or employees, in newspapers, flyers, handouts, telephone directories and other written materials; on radio, television or other media broadcasts; and on all billboards, signs, pamphlets, brochures and other promotional literature, provided that this requirement does not compel Defendant to advertise in any of these media, but does require compliance with this provision whenever Defendant so advertises. The words and/or logo shall be prominently placed and easily readable.
d. Include the following phrase in the standard rental application and the standard rental agreement used for covered rental dwelling units, using letters of equal or greater size to those of the text in the body of the document:
We are an equal housing opportunity provider. We do not discriminate on the basis of race, color, sex, national origin, religion, disability or familial status (having children under age 18).e. Within thirty (30) days of the entry of this Order, provide written notification to the designated organizations listed in Exhibit C, along with the name and address of all covered dwelling units owned or operated by Defendant, that Defendant rents properties and that her policy is to rent properties subject to uniform, nondiscriminatory standards to all qualified persons without regard to race, color, national origin, religion, sex, disability, or familial status (having children under age 18).
V. Mandatory Training
11. Within thirty (30) days of the entry of this Consent Order, Defendant shall provide a copy of this Order and the Nondiscrimination Policy to her agents and employees involved in showing, renting, or managing any and all covered dwelling units and secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order and the Nondiscrimination Policy, has had the opportunity to have questions answered about the Order and Nondiscrimination Policy, and agrees to abide by the relevant provisions of the Order and said policy. This statement shall be in the form of Exhibit D.
12. During the term of this Order, within five (5) days after each new agent or employee becomes involved in showing, renting, or managing any covered dwelling units, Defendant shall provide a copy of this Order and the Nondiscrimination Policy to said agent or employee involved in showing, renting, or managing any and all covered dwelling units and secure the signed statement from each agent or employee acknowledging that he or she has received and read the Order, had the opportunity to have questions about the Order answered, and that he or she has also received and read the Nondiscrimination Policy, and agrees to abide by said policy and the relevant provisions of the Order. This statement shall be in the form of Exhibit D.
13. Within ninety (90) days from the date of entry of this Order, Defendant, and all agents and employees of Defendant involved in showing, renting, or managing any covered dwelling units shall undergo in-person training on the Fair Housing Act, with specific emphasis on discrimination on the basis of race or color. The training shall be conducted by an independent, qualified third party, approved in advance by the United States, and any expenses associated with this training shall be borne by Defendant. Defendant shall obtain from the trainer certifications of attendance, executed by each individual who received the training, confirming their attendance, in a form acceptable to the United States. This confirmation shall include the name of the course, the date the course was taken, and the length of the course and/or time within which the course was completed. The training specified in Part X of this Consent Order shall satisfy this requirement.
VI. Processing Rental Applications, Record Keeping, and Compliance Testing
14. Processing Rental Applications- Within ninety (90) days from the date of entry of this Order, Defendant shall develop and implement, with respect to all covered dwelling units, objective, uniform, non-discriminatory standards and procedures for the processing of applications, the establishment and maintenance of an Availability List, the establishment and maintenance of a Waiting List and a procedure for notifying people who are on the Waiting List about an available property, and a procedure for deciding in a non-discriminatory manner which applicants shall be permitted to rent available dwellings. The standards and procedures shall be posted and prominently displayed in the rental office and in any office where there is rental activity and/or personal contact with applicants, and a copy of these standards and procedures shall be made available upon request to any applicant for the rental of a dwelling. For the duration of this Order, these rental standards and procedures may be modified only if written notice is given to counsel for the United States thirty (30) days before modifications are to take effect.
15. Record Keeping- With respect to the rental of covered dwelling units, within thirty (30) days from the date of this Order, Defendant shall ensure that each of the following are maintained and updated as new information becomes available:
a. Availability List on a daily basis that includes the address of each property known to be available or reasonably expected to be available for rental within thirty (30) days; monthly rent for each such rental; security deposit for each such rental; the date Defendant or her agents or employees were first informed it would be available for rental, and the first date it would be available for rental or occupancy by a new tenant. Defendant and her agents/employees shall share information on the Availability List with each person who visits or calls the rental office to inquire about the availability of rental dwellings;
b. Guest Cards for all persons who visit or inquire about dwelling units at the rental office, containing information that indicates the date of the visit or inquiry, the visitor's name, address, daytime and evening telephone numbers, and the date on which they wish to move. Defendant shall note on the Guest Card the dwelling units the person was shown and whether the person was given an application. For such persons who visit the rental office, Defendant shall also note the race or color of each person on the Guest Card, based on the Defendant's, employee's or agent's good faith observation;
c. A Waiting List for all persons who inquire by telephone or in person about renting a dwelling from Defendant and who are informed that there are no vacancies or available property locations to rent. This Waiting List shall indicate the date of the visit or telephone call, the visitor's name, address, daytime and evening telephone numbers, the date on which the person wishes to move and any other relevant information (such as a preference regarding the number of bedrooms). With regard to those who inquire in-person, Defendant shall note the race or color of such individuals (based on the Defendant's, employee's or agent's good faith observation). The Defendant shall also note on the waiting list the date, time, and employee or other person who contacted any individual to inform him or her of any vacancies or available property locations, and the manner of each attempt to contact persons on the list; and
d. A Rental Application Log maintained on a daily basis that sets forth the name and race or color of the applicant (based on the Defendant's, employee's, or agent's good-faith observation), whether the application for tenancy was approved or rejected, the building and unit number occupied for all approved applicants, and a detailed explanation for all rejected applications.
16. Compliance Testing- The United States may take steps to monitor Defendant's compliance with this Order including, but not limited to, conducting fair housing tests at any dwelling in which Defendant, now or in the future, has a direct or indirect ownership, management, or financial interest.
VII. Reporting Requirements
17. Except that the last report shall be submitted no fewer than sixty (60) days before the scheduled expiration of this Decree, within ninety (90) days of the date of entry of this Consent Order, and every six (6) months thereafter for the duration of this Order, Defendant shall deliver to counsel for the United States a report containing information about Defendant's compliance efforts during the preceding reporting period, including but not limited to:
a. Copies of all mandatory education acknowledgments signed by Defendant, her agents and employees, and all certifications of attendance of each participant in such educational program, pursuant to Section V of this Order;
b. Copies of all Availability Lists, Guest Cards, and other information recorded by any means related to any inquiries regarding the availability of rental dwellings, including Rental Application Logs, and Waiting Lists maintained pursuant to Section VI of this Order;
c. Copies of lists setting forth the occupancy of each covered dwelling unit by address, including the name and race of each tenant (based on the Defendant's, employee's or agent's good faith observation) in that dwelling unit during the reporting period;
d. Photographs of each office in which rental activity is conducted, showing the fair housing signs required by Section IV of this Order;
e. An updated list of all covered dwelling units; and
f. Copies of checks made to the organization selected for affirmative fair housing efforts as further described in Section X of this Order.
18. During the period in which this Order is in effect, Defendant shall preserve all records that are the source of, contain, or relate to any of the information pertinent to the obligations under this Order, including all rental applications, leases, and rental roll ledgers, and occupancy lists for all covered dwelling units as well as records relating to the transfer of interest in dwelling units as set out in Section XI below. Upon reasonable notice to counsel for Defendant, representatives of the United States shall be permitted to inspect and copy all such records at any and all reasonable times or, upon request by the United States, Defendant shall provide copies of such documents.
19. During the period in which this Order is in effect, Defendant shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against Defendant, or Defendant's agents or employees, regarding racial discrimination in housing. If the complaint is written, Defendant shall provide a copy of it with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. Defendant shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States within fifteen (15) days of any resolution of such complaint.
VIII. Compensation of Aggrieved Persons
20. Within ten (10) business days after entry of this Consent Order, Defendant shall deliver to counsel for the United States a cashier's check payable to the Center for Fair Housing, Inc. of Mobile, Alabama ("Center for Fair Housing"), formerly known as Mobile Fair Housing Center, Inc., in the amount of ten thousand dollars ($10,000.00). The cashier's check will not be sent to the Center for Fair Housing, until a representative has executed and delivered the release at Exhibit F hereto to counsel for the United States, a copy of which will be provided to counsel for Defendant.
21. Within ten (10) business days after entry of this Consent Order, Defendant shall deliver to counsel for the Plaintiff-Intervenors three separate checks payable to the following persons in the following amounts: (a) Michele Jones and Lynn Miller, Esq. in the amount of fourteen thousand and one hundred dollars ($14,100.00); (b) Michele Jones, as mother and next friend of Mikayla R. Jones, in the amount of four thousand and nine hundred dollars ($4,900.00); and Angela Macon and Lynn Miller, Esq. in the amount of eight thousand dollars ($8,000.00). The Defendant shall not send these payment to the listed individuals until they execute and deliver their respective releases, attached hereto as Exhibits E1 - E3, and provide copies to all counsel. Beaulah Stevens agrees to execute and deliver to State Farm the release attached hereto as Exhibit E4, and to provide copies of the release to all counsel, on or before the date of entry of this Consent Order. State Farm Fire and Casualty Company ("State Farm") has represented to this Court that it will pay a total of twenty-seven thousand dollars ($27,000.00) to the complainants on behalf of the Defendant as set forth in this paragraph and as confirmed by the signature for counsel for State Farm below.
IX. Civil Penalty
22. Within sixty (60) days after the entry of this Consent Order, the Defendant shall pay a total of five thousand dollars ($5,000.00) to the United States as a civil penalty, pursuant to 42 U.S.C. 3614(d)(1)(C). This payment shall be delivered to counsel for the United States in the form of a cashier's check payable to the "United States Treasury."
X. Transfer of Interest in Covered Dwelling Units
23. If, at any time during the term of this Consent Order, Defendant acquires a direct or indirect ownership, management, or other financial interest in any other dwelling unit, said unit shall become a "covered dwelling unit" subject to all relevant provisions of this Order. Defendant shall notify counsel for the United States within thirty (30) days of acquiring said interest. The notice shall include identification of the nature of Defendant's interest in the property; the address; the number of individual dwelling units; the number of bedrooms in each unit; the names of any existing tenants; and the race or color of each such tenant, based on the good-faith observation of Defendant, or Defendant's employee or agent. Defendant shall also include in her notice to counsel for the United States a copy of the documents memorializing the transfer in interest and a copy of the lease for any existing tenant(s).
24. Transfer of Interest in a Dwelling Unit
a. If at any time while this Order remains in effect, Defendant ("transferring Defendant) decides to transfer the entirety of said Defendant's direct or indirect ownership, management, or other financial interest in a covered dwelling unit to an unrelated party ("purchaser" or "transferee") in an arms-length transaction, the transferring Defendant shall take the following steps:
i. At least thirty (30) days prior to completion of the sale or transfer, provide to each prospective purchaser or other transferee a copy of this Order along with written notice that the subject dwelling unit (or units) is (are) subject to Sections II - VII and XII - XIII of the Order;
ii. At least thirty (30) days prior to completion of the sale or transfer, provide to the United States, by facsimile and first-class mail, written notice of its intent to sell or otherwise transfer Defendant's interest in the dwelling unit(s), along with a copy of the notice sent to each prospective transferee, containing each prospective transferee's name, address and telephone number;
iii. Within thirty (30) days following completion of the sale or other transfer, the transferring Defendant shall provide to the United States by first-class mail a copy of the documents memorializing the transfer in interest of the dwelling unit(s);
iv. The transferring Defendant shall require the transferee, as a condition of the sale or other transfer, to agree in writing to perform all obligations and be liable for compliance with Sections II - VII and XII - XIII of this Order for the duration of this Order, with respect to the subject dwelling unit(s);
v. If the transferring Defendant complies with parts (i), (ii), (iii), and (iv) above and thereby transfers all of Defendant's ownership, management, or other financial interest in the dwelling unit(s) to the purchaser or other transferee, said Defendant will thereafter be relieved of Defendant's obligations under Sections II - VII and XII - XIII of this Order, but only with respect to the dwelling units in which all interest was so transferred. Defendant shall otherwise remain liable for compliance with all sections of the Order and with respect to all other covered dwelling units.
b. If the proposed transfer of interest is not an arms-length transaction, the transferring Defendant must comply with each requirement set out in the preceding subparagraph (a), parts (i), (ii), (iii), and (iv) above. In addition, the transferring Defendant shall remain jointly and severally liable, along with the purchaser or other transferee, for any violations of Sections II - VII and XII - XIII of this Order with respect to the relevant dwelling unit(s) for the duration of the Order. In addition, the transferring Defendant shall otherwise remain liable for compliance with the Consent Order and with respect to all other covered dwelling units.
XI. Scope and Duration of Consent Order
25. The provisions of this Consent Order shall apply to Defendant, her employees, agents, successors, and all persons acting in active concert or participation with them.
26. This Consent Order is effective immediately upon its entry by the Court and shall remain in effect for three (3) years.
27. The Court shall retain jurisdiction for the duration of this Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice.
28. All parties shall be responsible for their own attorney's fees and court costs, except as provided for in Section XIII below.
XII. Remedies for Non-Compliance, Time for Performance, and Modifications
29. The United States may move the Court to extend the period in which this Order is in effect if Defendant violates one or more terms of the Order or if the interests of justice otherwise require an extension of the terms of the Order.
30. Any time limits for performance imposed by this Order may be extended by mutual written agreement of the parties.
31. 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 the United States contends that there has been a failure by the Defendant, whether willful or otherwise, to perform in a timely manner any act required by this Order or otherwise to comply with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and attorney's fees which may have been occasioned by the Defendant's violation or failure to perform.
32. The parties agree that in the event that the named Defendant engages in any future violation of the Fair Housing Act, such violation shall constitute a "subsequent violation" pursuant to 42 U.S.C. § 3614(d).
IT IS SO ORDERED:
This day of , 2006.
JUDGE KRISTI K. DUBOSE
UNITED STATES DISTRICT JUDGE
Respectfully submitted this 28th day of November , 2006.
FOR PLAINTIFF UNITED STATES OF AMERICA:
LYNN C. MILLER (MILLL4698)
JULIE C. GLOVER (GLOVJ7524)
GLOVER & MILLER
502 Dauphin Island Parkway
Mobile, Alabama 36606
PH: (251) 476-2504
FAX: (251) 416-3582
EMAIL: lycmiller@aol.com
C. ROBERT GOTTLIEB, JR.,
C. ROBERT GOTTLIEB, JR., P.C.
6345 Piccadilly Square Drive
Mobile, Alabama 36609
PH: (251) 343-7710
EMAIL: rgottlieblaw@aol.com
JEFFRY N. GALE
GALE & GALE
Executive Center II
917 Western America Circle, Ste. 205
Mobile, AL 36609
PH: (251) 460-0400
FAX: (251) 460-0495
EMAIL: jng@galeandgale.com
MARK A. NEWELL, ESQ.
MASTERSON & NEWELL, L.L.C.
Post Office Box 2067
Mobile, AL 36651
PH: (251) 441-9955
(251) 441-9984
EMAIL: mnewell@mastersonnewell.com
List of Covered Dwelling Units
1. 204 A & B Trixie Court, Saraland, Alabama
2. 200 A & B Trixie Court, Saraland, Alabama
3. 100 A & B Bea's Lane, Saraland, Alabama
4. 207 A & B Trixie Court, Saraland, Alabama
5. 209 A & B Trixie Court, Saraland, Alabama
6. "The Trailer Park" (approximately 28 mobile home sites), Saraland, Alabama
7. 146 Bayou Sara, Saraland, Alabama
8. 229 Baldwin Street, Saraland, Alabama
9. 226 Williams Street, Saraland, Alabama
Exhibit B
It is the policy of Beaulah L. Stevens to comply with Title VIII of the Civil Rights Act of 1968, as amended, (commonly known as the Fair Housing Act) by ensuring that rentals are available to all persons without regard to race, color, religion, national origin, disability, familial status or sex. This policy means that, among other things, Beaulah L. Stevens and all her agents or employees with the responsibility for renting, managing or administering any dwelling units must not discriminate in any aspect of the rental of dwellings against qualified applicants tenants, or tenants' guests, because of race or color. Such agents and employees may not:
A. Refuse to rent after the making of a bona fide offer, or refuse to negotiate for the rental of, or otherwise make unavailable or deny a dwelling to any renter because of race or color;
B. Discriminate against any person in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race or color;
C. Make, print or publish, or cause 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, or an intent to make such a preference, limitation or discrimination, based on race, color or national origin;
D. Represent to any person because of race or color that a dwelling is not available for rental when such dwelling is in fact available; or
E. Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any rights protected by the Act.
Any agent or employee who fails to comply with this non-discrimination policy will be subject to appropriate disciplinary action which may include termination and/or eviction. Any action taken by an agent or employee that results in the unequal service, treatment or behavior to tenants on the basis of race or color may constitute a violation of state and federal fair housing laws.
List of Organizations to Receive Notice from Defendant
Center for Fair Housing, Inc. of Mobile, Alabama
600 Bel Air Blvd #112
Mobile, AL 36606
(251) 479-1532
Legal Services Alabama, Mobile Office
AmSouth Bank Building
107 St. Francis Street, Suite 2104, Mobile, AL 36602
251/433-6560
Employee/Agent Acknowledgment of Receiving and Reviewing
Order and Nondiscrimination Policy
I have received a copy of the Consent Order entered in United States v. Beaulah L. Stevens, Civil No. 05-0295-KD-B (S.D. Ala.). I have also received a copy of my employer's [or contractor's] Nondiscrimination Policy. The Consent Order and the Nondiscrimination Policy were explained to me by my employer [or contractor], and all questions concerning these documents were answered. I have read and understood the Consent Order and the Nondiscrimination Policy.
______________________________
DATE
______________________________
EMPLOYEE/AGENT NAME (PRINT)
______________________________
EMPLOYEE/AGENT SIGNATURE
Exhibit E1
Release
In consideration for the parties' agreement to the terms of the Consent Order entered in United States v. Beaulah L. Stevens, Civil No. 05-0295-KD-B (S.D. Al.), and Defendant's payment to me of $_____________, pursuant to the Consent Order, I hereby release and forever discharge all claims related to the facts at issue in the litigation referenced above, or in any way related to that litigation, and any other claims arising from the housing discrimination alleged in that litigation up to and including the date of execution of this release, that I may have against the Defendant, all related entities, parents, predecessors, successors, subsidiaries and affiliates, and all of her past and present directors, officers, agents, managers, supervisors, shareholders and employees and her heirs, executors, administrators, successors or assigns.
Executed this _____ day of __________________, 2006.
Michele Jones
Exhibit E2
In consideration for the parties' agreement to the terms of the Consent Order entered in United States v. Beaulah L. Stevens, Civil No. 05-0295-KD-B (S.D. Al.), and Defendant's payment to me, Michele Jones, as mother and next friend of Mikayla R. Jones, of $_____________, pursuant to the Consent Order, I hereby release and forever discharge all claims related to the facts at issue in the litigation referenced above, or in any way related to that litigation, and any other claims arising from the housing discrimination alleged in that litigation up to and including the date of execution of this release, that I may have against the Defendant, all related entities, parents, predecessors, successors, subsidiaries and affiliates, and all of her past and present directors, officers, agents, managers, supervisors, shareholders and employees and her heirs, executors, administrators, successors or assigns.
Executed this _____ day of __________________, 2006.
_________________________________________________Michele Jones, as mother and next friend, of Mikayla R. Jones
Exhibit E3
In consideration for the parties' agreement to the terms of the Consent Order entered in United States v. Beaulah L. Stevens, Civil No. 05-0295-KD-B (S.D. Al.), and Defendant's payment to me of $_____________, pursuant to the Consent Order, I hereby release and forever discharge all claims related to the facts at issue in the litigation referenced above, or in any way related to that litigation, and any other claims arising from the housing discrimination alleged in that litigation up to and including the date of execution of this release, that I may have against the Defendant, all related entities, parents, predecessors, successors, subsidiaries and affiliates, and all of her past and present directors, officers, agents, managers, supervisors, shareholders and employees and her heirs, executors, administrators, successors or assigns.
Executed this _____ day of __________________, 2006.
__________________________________________________Angela Macon
Exhibit E4
Release
In consideration of State Farm's agreement to the terms of the Consent Order entered in United States v. Beaulah L. Stevens, Civil No. 05-0295-KD-B (S.D. Al.), I hereby release and forever discharge all claims related to the facts at issue in the litigation referenced above, or in any way related to that litigation, and any other claims arising from the housing discrimination alleged in that litigation up to and including the date of execution of this release, that I may have against State Farm, all related entities, parents, predecessors, successors, subsidiaries and affiliates, and all of its past and present directors, officers, agents, managers, supervisors, shareholders and employees, heirs, executors, administrators, successors or assigns.
Executed this _____ day of __________________, 2006.
__________________________________________________
Beaulah L. Stevens
Release
In consideration for the parties' agreement to the terms of the Consent Order entered in United States v. Beaulah L. Stevens, Civil No. 05-0295-KD-B (S.D. Al.), and Defendant's payment to the Center for Fair Housing, Inc. of Mobile, Alabama ("Center for Fair Housing"), formerly known as Mobile Fair Housing Center, Inc., the amount of $_____________, pursuant to the Consent Order, the Center for Fair Housing hereby release and forever discharge all claims related to the facts at issue in the litigation referenced above, or in any way related to that litigation, and any other claims arising from the housing discrimination alleged in that litigation up to and including the date of execution of this release, that the Center for Fair Housing may have against the Defendant, all related entities, parents, predecessors, successors, subsidiaries and affiliates, and all of her past and present directors, officers, agents, managers, supervisors, shareholders and employees and her heirs, executors, administrators, successors or assigns.
Executed this _____ day of __________________, 2006.
_______________________________________________[Print Name] on behalf of Center for Fair Housing _______________________________________________
[Signature]
1.All documents or other communications required by this Order to be sent to counsel for the United States shall be addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, DJ 175-32-196, United States Department of Justice, 950 Pennsylvania Avenue N.W.- G St., Washington, D.C. 20530, or as otherwise directed by the United States. If the Consent Order requires transmission by facsimile, the communication shall also be sent via facsimile to (202) 514-1116.
2.All documents or other communications required by this Order to be sent to counsel for the United States via overnight delivery shall be addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, DJ# 175-3-101, United States Department of Justice, 1800 G. Street, N.W., Suite 7002, Washington, D.C. 20006, or as otherwise directed by the United States.
3.For purposes of this Consent Order, "arms-length transaction" is defined as a transaction such as a contract or agreement that has been arrived at in the marketplace between independent, non-affiliated persons, unrelated by blood or marriage, with opposing economic interests regarding that contract.
Document Filed November 28, 2006 > >