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Housing And Civil Enforcement Cases Documents

Ralph F. Boyd, Jr.
Assistant Attorney General

Joan A. Magagna
Timothy J. Moran
S.E. Pietrafesa
Winifred Kao
Attorneys
United States
Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - G St.
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
202-616-2217

Daniel G. Bogden
United States Attorney

Blaine T. Welsh
Assistant U.S. Attorney
333 Las Vegas Boulevard South
Suite 5000
Las Vegas, NV 89101
702-388-6336
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

                   Plaintiff,
                                                                                  Civil Action No.
           v.

FALCON DEVELOPMENT CORP.;
FALCON HOMES, INC.;
FALCON CONSTRUCTION SERVICES, INC.;
FREY ASSOCIATES LTD. PARTNERSHIP;
FREY LIMITED PARTNERSHIP;
LEO R. FREY;
PAT FREY;
FALCON ENGINEERING SERVICES;
F. GREG ANDERSON;
ESI DESIGN GROUP, INC.;
RAMON R. WONG, II; and
SERENADE HOMEOWNERS                                    CONSENT DECREE
ASSOCIATION, INC.

                      Defendants.
________________________________

      Plaintiff United States and defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; and Serenade Homeowners Association, Inc., (defendants) agree to the terms of this Consent Decree resolving the Complaint filed by the United States.

Introduction

      The United States files this Consent Decree simultaneously with its Complaint alleging violations of Section 804(f)(1)-(3) of the Fair Housing Act, 42 U.S.C. § 3604(f)(1)-(3), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.§§ 3601-3619 (the Act). Specifically, the United States' Complaint alleges that defendants, with the exception of Serenade Homeowners Association, (1) have engaged in a pattern or practice of discrimination by failing to design and construct Serenade Condominiums (Serenade), located in Henderson, Nevada with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C).

      Falcon Development Corporation, Falcon Homes, Inc.; and Frey Associates Limited Partnership developed Serenade. Falcon Construction Services, Inc. built Serenade. ESI Design Group, Inc. and Ramon R. Wong provided the civil engineering services and designed Serenade. Serenade Homeowners Association, Inc. represents the homeowners at Serenade Condominiums. Serenade is located at 1851 Hillpoint Road in Henderson, Nevada. Serenade consists of a community center building and thirty independent residential buildings, containing a total of 180 units, including 60 ground-floor units.

      The Act provides that all ground-floor units, in non-elevator buildings (with four or more units) designed and constructed for first occupancy after March 13, 1991, are " covered units" and must include certain basic features of accessible and adaptable design to make such units usable by a person who is or who becomes disabled. 42 U.S.C. §§ 3604(f)(3)(C) and (f)(7)(B). The features of accessible and adaptable design required by the Act include: (a) public and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors for passage into and within all premises that are sufficiently wide to allow passage by persons using 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. 42 U.S.C.§3604(f)(3)(C).

      All of the ground-floor units at Serenade are " covered multifamily dwellings" within the meaning of 42 U.S.C. § 3604(f)(7)(A). These units and the public and common use areas of Serenade are subject to the design and construction requirements at 42 U.S.C.§ 3604(f)(3)(C).

      Defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership dispute and do not admit to the United States' allegations. The parties, however, agree that the claims against these defendants should be resolved without further proceedings or an evidentiary hearing. Therefore, as indicated by the signatures appearing below, the parties agree to the entry of this Consent Decree.

      It is hereby ORDERED, ADJUDGED and DECREED:

I. GENERAL INJUNCTION

      Defendants, their current officers, employees, agents, successors and assigns, and all other persons currently in active concert or participation with them are permanently enjoined from:

A. Discriminating on the basis of disability, as prohibited by the Act 42 U.S.C.§ 3604(f)(1), (2), and (3)(C) and as set forth in the Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472 (1991) (the Guidelines);

B. Discriminating in the sale or rental, or otherwise making unavailable or denying a dwelling to a buyer or renter because of a handicap of that buyer, renter, or person residing in or intending to reside in that dwelling after it is sold or made available;

C. Discriminating against a person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of facilities in connection with such a dwelling, because of a handicap of that person, a person residing in or intending to reside in the dwelling after it is sold, or any person associated with that person; and

D. Taking any other action that violates the Act.

    CORRECTIVE ACTIONS

          Defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership have agreed to pay to Serenade Homeowners Association, Inc. (the Association) the sum of THREE HUNDRED NINETY THOUSAND DOLLARS ($390,000) in order to settle the violations of the Act alleged by the United States. The Association shall, within thirty days of the date of this Consent Decree, deposit this amount in a separate interest-bearing account (the FHAA Fund) and will provide the United States with the name of the depository institution and any information it requests periodically on the FHAA Fund. The FHAA Fund shall be solely administered by an entity designated by the United States (the Entity). The Entity may reimburse itself out of the FHAA Fund for reasonable administration expenses associated with administering the FHAA Fund and managing the retrofits, provided that such expenditures are approved by the United States and are not used to supplement the salaries or compensate employees or agents of the Entity. The total administrative costs shall not exceed 15% of all modifications performed at Serenade. If, after the end of four and one half (4 ½ ) years, a balance remains in the FHAA Fund, the remaining sum shall be paid, within thirty (30) days, to an organization in the Las Vegas metropolitan area whose purpose is to help meet the housing needs of persons with disabilities, such organization to be approved by the United States.

          The Entity shall use THREE HUNDRED THIRTY THOUSAND DOLLARS ($330,000) of the FHAA Fund, plus all interest accrued from the FHAA Fund, to take the corrective actions described in this section and Appendices A and B with respect to the public and common use areas and the covered ground-floor dwellings in order to bring those areas and units into compliance with the requirements of the Act and HUD's Fair Housing Guidelines, 42 U.S.C.§12183(a)(1) and 28 C.F.R. Part 36 (the Guidelines), as set forth below. The Association shall cooperate with the Entity to carry out the corrective actions specified using the moneys available, and the Association shall have no access or control over the FHAA Fund. The Association and Entity's obligations to bring Serenade into compliance shall end once the FHAA Fund is exhausted.

    A. Public and Common Use Areas:

    1. 1. Within 90 days from the date of entry of this Decree, the Entity shall commence modifying the public and common use areas of Serenade as specified in Appendix A. The Entity shall pay all expenses associated with those modifications using the proceeds from the FHAA Fund. The parties estimate that the total cost of the retrofits will be TWO HUNDRED SIXTY SEVEN THOUSAND DOLLARS ($267,000).

      2. Should the Entity be unable to perform the retrofits as specified herein due to insufficient funds, the Entity shall notify the United States and the United States shall prioritize and determine which of the specified retrofits shall be performed by the Entity, and what amount shall be reserved for retrofitting dwelling units, as specified below.

    B. Dwelling units:

    1. Any remainder of the FHAA Fund that is not used to modify the public use and common areas, excluding payments according to Section II-A and Section IV of this Decree, shall be used to retrofit the units of those owners who request retrofits to their units pursuant to Paragraphs two (2) through five (5) below.
    2. Within ten (10) days of the entry of this Consent Decree, and annually for four (4) years thereafter, the Entity shall provide the written notice (the Notice) attached at Appendix C to all current Serenade homeowners (the Owners), stating that all of the modifications to their unit specified at Appendix B are available without cost to them (the Retrofits). The Entity shall send the Notice with a form (Form) that specifies those modifications that may be made to an Owner's unit so that the homeowner may clearly indicate the alterations he/she desires. The Form shall also direct the Owner to return the Form to the Entity. (Forms attached at Appendix D.)
    3. The Entity shall pay a FIVE HUNDRED DOLLAR ($500) inconvenience fee to each Owner that requests substantially all of the Retrofits listed at Appendix B. The Entity shall provide said payment from the FHAA Fund to an Owner within seven (7) days of receipt of a request for Retrofits from the Entity. To the extent the Entity disputes the owner's request, the United States will resolve the dispute.
    4. The Entity shall use its best efforts to complete the Retrofits on a first-come, first-served basis within thirty (30) days of the request.

    III. NON-DISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION

          For a period of four (4) years from the date of entry of this Consent Decree, defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership shall submit to the United States (2) information regarding any covered multifamily dwellings that they design and/or intend to build, including any additional dwellings to Serenade. The information shall be submitted before any applications are made for initial building permits. The following information shall be submitted: a) the name and address of the project; b) the names and addresses of all architects and site engineers; c) a description of the project and the individual units, including number and type of dwellings and amenities in the project; and d) a statement by an architect knowledgeable in the design and construction requirements of the Act, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., (if applicable), and the relevant guidelines and regulations, describing his/her knowledge and training in accessible design, and which certifies that he/she has reviewed the architectural, mechanical, and civil engineering plans and that the plans include design specifications that fully comply with the requirements of the Act and the Guidelines.

    IV. COMPENSATION FOR AGGRIEVED PERSONS

         Within 30 days of the entry of this Decree, the Entity shall pay the total sum of SIXTY THOUSAND DOLLARS ($60,000) from the FHAA Fund, for the purpose of compensating the eight aggrieved families previously identified by the United States, pursuant to §3614(d)(1)B). The Entity shall pay each aggrieved person by sending individual, certified checks to him or her, via certified mail, in an amount previously agreed upon by the parties, within thirty days (30) upon receipt of a release of claims from each victim, such release to be forwarded by the United States to the Entity.

    V. EDUCATIONAL PROGRAM

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

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

    VI. PUBLIC NOTICE OF NON-DISCRIMINATION POLICY

          A. During the term of this Decree, defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership shall post and prominently display the federal Fair Housing Poster as described by 24 C.F.R. 110.15 and 110.25 in the sales or rental offices of all dwellings owned or operated by them, if any, and in any other place in which persons may inquire about buying or renting dwellings from them.

          B. During the term of this Decree, defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership shall prominently include the phrase " Equal Housing Opportunity" or the fair housing logo as well as the phrase " Wheelchair Accessible" or the international symbol of accessibility in all newspapers and other written advertisements, if any, for dwellings rented or sold by these defendants. If human models are used in any promotional literature, these defendants shall consider using models with disabilities in such promotional literature.

           C. If defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; or Frey Associates Limited Partnership build any new covered multi-family dwellings or units, these defendants will notify the following organizations that the units are available and accessible under the Act:

    1. Nevada Equal Rights Commission
    2. Nevada Legal Services
    3. Senior Law Project
    4. Northern Nevada Center for Independent Living
    5. Nevada Fair Housing Center, Inc.

      VII. ADDITIONAL MONITORING REQUIREMENTS

            A. For the duration of this Decree, defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership shall advise counsel for the United States in writing within 15 days of receipt of any new and initial formal or informal complaint against them, their current employees or current agents, regarding equal opportunity in housing, including any complaints of discrimination under the Act. These defendants shall also promptly provide the United States all non-privileged information it may request concerning any such complaint.

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

            C. Within 180 days after the entry of this Decree, and thereafter on the anniversary of entry of this Decree throughout the term of the Decree, the Entity shall submit a report that includes all documents respecting the modifications required in section II of this Decree, including:

      1. All modification selection forms submitted by unit owners;
      2. A listing of all modifications performed during the reporting period; and
      3. An account of any expenditures the Entity has made from the FHAA Fund.

            The initial report should also include certification that the specified public and common use area retrofits have been made.

            D. Within 180 days after the entry of this Decree, and thereafter on the anniversary of entry of this Decree throughout the term of the Decree, defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership shall submit a report that includes the signed statement of each current agent and current employee acknowledging that he/she received, read and understands the Decree. In addition, these defendants shall include in their report all current advertising or promotional literature regarding these defendants' covered multifamily dwellings.

      VIII. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION

            A. This Consent Decree shall remain in effect for four and one-half years after the date of its entry.

            B. By consenting to entry of this Decree, the United States and defendants Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership agree that in the event that defendants engage in any future violation(s) of the Fair Housing Act in any construction or ownership beginning after entry of the Decree, such violation(s) shall constitute a " subsequent violation" pursuant to 42 U.S.C.§ 3614(d)(1)(C)(ii).

            C. The United States' claims against defendants Serenade Homeowners Association, Inc.; Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership are hereby dismissed with prejudice. The Court, however, shall retain jurisdiction for the term of this Consent Decree to enforce the terms of the Decree. The United States may move the Court to extend the duration of the Decree in the interests of justice.

            D. The United States and the defendants Serenade Homeowners' Association, Inc.; Falcon Development Corp.; Falcon Homes, Inc.; Falcon Construction Services, Inc.; and Frey Associates Limited Partnership shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. However, in the event of a failure by these defendants to perform in a timely manner any act required by this Decree or otherwise to act in conformance with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and reasonable attorneys' fees which may have been occasioned by the violation or failure to perform.

      E.       The United States' dismisses all claims against defendants Frey Limited Partnership; Leo R. Frey; Pat Frey; ESI Design Group, Inc.; Ramon R. Wong, II; F. Greg Anderson and Falcon Engineering Services.

      IX.TIME FOR PERFORMANCE

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

      X. COSTS OF LITIGATION

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

      IT IS SO ORDERED:

      This ______ day of _________________, 2002.

                            ________________________________
                            United States District Judge

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

      FOR THE PLAINTIFF:

      RALPH F. BOYD, JR.
      Assistant Attorney General

      DANIEL G. BOGDEN
      United States Attorney

      BLAINE T. WELSH
      Assistant United States Attorney

      JOAN A. MAGAGNA
      Chief
      TIMOTHY J. MORAN
      Deputy Chief
      SUNNY E. PIETRAFESA
      WINIFRED KAO
      Attorneys
      United States Department of Justice
      Civil Rights Division
      Housing and Civil Enforcement Section - G St.
      950 Pennsylvania Avenue, NW
      Washington, D.C. 20530
      202-616-2217
      ______________
          Date

      FOR DEFENDANTS FALCON DEVELOPMENT CORP., FALCON HOMES, INC., and FALCON CONSTRUCTION SERVICES, INC.:

      FRED AHLSTROM, President
      Falcon Development Corp.,
      Falcon Homes, Inc. and
      Falcon Construction
      Services, Inc.

      ________________________
          Date

      ________________________
      Jim Betz, Secretary
      Falcon Development Corp.,
      Falcon Homes, Inc. and
      Falcon Construction
      Services, Inc.

      ________________________
          Date

      ________________________
      BRUNO WOLFENZON
      The Wolfenzon Law Group
      4530 S. Eastern Avenue, Suite 9
      Las Vegas, NV 89119
      702-836-3138

      _______________________
          Date

      FOR DEFENDANTS FREY ASSOCIATES LIMITED PARTNERSHIP:

      ________________________
      FRED AHLSTROM, President
      Falcon Homes, Inc.,
      General Partner

      ________________________
          Date
      ________________________
      LEEANN McNICHOLAS
      Hardy & Hardy
      610 S. 9th Street
      Las Vegas, NV 89101
      (702) 366-1366

      _______________________
          Date

      FOR SERENADE HOMEOWNERS ASSOCIATION, INC.:

      _______________________
      ______________, Director
      Serenade Homeowners
      Association, Inc.

      _______________________
          Date

      _______________________
      SCOTT CANEPA
      Vannah, Costello, Canepa, Riedy, Rubino & Lattie
      1850 E. Flamingo Road, Suite 236
      Las Vegas, Nevada 89119

      ______________________
          Date

      APPENDIX A
      PUBLIC AND COMMON-USE AREA RETROFITS
      FOR SERENADE CONDOMINIUMS

      1. Create an accessible route from the public right of way into the complex by re-paving the curb ramp at the Hillpointe entrance to remove its excessive cross slope, and install a 36" wide walkway to the community center with an ending curb ramp, all consistent with ANSI Section 4.3;
      2. Create a 36" wide accessible route from the accessible parking to the community center and mailbox area, by moving the accessible parking and curb ramp to the mailbox side of the community center and re-paving the path so that all slopes and cross-slopes are ANSI-compliant; [ANSI 4.3]
      3. Re-pave the landings outside dwelling unit entry doors so that the change in elevation between the finished floor and the exterior landing is only .5" [Req. 4(6)]
      4. Raise the accessible parking signs to 60" above grade; [ANSI 4.6.2]
      5. Lower the microwave in the community center to 48" above grade, or provide a counter-top model; [ANSI 4.2.5]
      6. Install a base to the suggestion box in the community center such that the bottom edge is within 27" of the floor and does not protrude more than 4" [ANSI 4.4]
      7. Lower the fire extinguisher cabinet such that its bottom edge is within 27" of the floor and does not protrude more than 4" [ANSI 4.4]
      8. Widen at least one leaf of the double door to the exercise room in the community center to provide a 32" clear opening; [ANSI 4.13.4]
      9. Widen the corridor at the side door to the community center to provide the requisite 18" maneuvering clearance parallel to the door on its pull-side;(3)[ANSI 4.13.6]
      10. Correct the threshold of the side door entrance to the community center such that it does not exceed .5" beveled; (4)[ANSI 4.13.8]
      11. Lower the counters in the community center kitchen so that they do not exceed 34" above the floor; [ANSI 4.30.4]
      12. Replace the kitchen range in the community center with a model with front controls; [ANSI 4.25]
      13. Lower the toilet paper dispensers in the community center bathrooms to provide at least 1.5" between the bottom of the side grab bar and the dispenser; [ANSI 4.24.2]
      14. Install insulation on hot water and drain pipes in the community center men's bathroom; [ANSI 4.19.4]
      15. Install ANSI-compliant lever faucets on the sinks in the community center bathrooms; [ANSI 4.19.5]
      16. Mount a new mirror such that the bottom edge of the reflecting surface is no higher than 40" above grade; [ANSI 4.19.6]
      17. Install wheel-stops to maintain a minimum 36" width along the accessible route through the complex; [ANSI 4.3]
      18. Rearrange all covered dwelling unit mailboxes and parcel-boxes such that none have controls mounted above 54" when a side approach is possible and no higher than 48" if only a frontal approach is viable; [ANSI 4.25]
      19. Remount bulletin boards such that the posting area is within accessible reach ranges for wheelchair approach; [ANSI 4.25]
      20. Raise the drinking fountain in Pool Area #1 to provide adequate clear knee space for a wheelchair approach to the fountain consistent with ANSI 4.15;
      21. Lower the telephone in Pool Area #1 by 3" so that its operable features are within accessible reach, consistent with ANSI 4.25.3;
      22. Re-pave the accessible route to Pool Area #1 such that the slopes and cross slopes are compliant with ANSI 4.3;
      23. Replace the concrete landing in front of the door to the bathroom in Pool Area #1 so that it is level and also wide enough to provide the 18" minimum maneuvering clearance, parallel to the doorway, on its pull-side; [ANSI 4.13.6]
      24. Reduce the size of the transfer shower in Pool Area #1 to 36" x 36" and install two grab bars, a fold-down seat, and a shower hose (or lower the shower head to 48" above grade); [ANSI 4.21]
      25. Install accessible parking next to, and create accessible routes to the trash enclosures north of building 25, south of building 20, and east of building 2, and install wheel stops along the accessible route to maintain the requisite 36" width; [ANSI 4.3]
      26. Re-pave the accessible route in front of the garage doors to eliminate excessive slopes and cross slopes consistent with ANSI 4.3;
      27. Eliminate the 1" steps at the garages; [ANSI 4.3.8]
      28. Install detectable railings beneath all of the outdoor staircases; [ANSI 4.4.2]
      29. Widen the doors to the garages to provide the requisite 32" clear width; [ANSI 4.13]
      30. Remove any steps along the accessible route and re-pave or install an accessible route such that all slopes, cross slopes, and widths are consistent with ANSI 4.3;
      31. Either add an accessible parking space and curb ramp where the accessible route by building 8 connects to the parking lot or provide an access aisle and a compliant path to the current designated parking at building 8; [Req. 2]
      32. Add an accessible parking space where the accessible route connects to the parking lot near building 2; [Req. 2]
      33. Re-pave all parking access aisles such that all slopes and cross slopes are consistent with ANSI 4.6;
      34. Rebuild the curb ramp at the accessible parking west of building 8 consistent with ANSI 4.7;
      35. Install an accessible parking space at the beginning of the accessible route to the east of building 11 and re-grade the accessible route to this new parking space such that the slopes and cross slopes are consistent with ANSI 4.3;
      36. Re-pave the landings at the entrance doors level and within .5" of the interior finish floor level; [Req.4; ANSI 4.13.6]
      37. Install accessible parking space west of building 12 to serve buildings 12, 13, and 14; [Req. 2] and
      38. Install an accessible parking space on the east side of building 20 and rebuild the accessible route to the covered dwelling units such that its slopes and cross slopes are consistent with ANSI 4.3.

      APPENDIX B
      ACCESSIBILITY MODIFICATIONS TO GROUND-FLOOR UNITS
      AT SERENADE CONDOMINIUMS

      1. Replace the entry door thresholds and install sweeps so that the interior thresholds do not exceed .75" [Req. 4]
      2. Re-pave the landings outside dwelling unit entry doors so that the change in elevation between the finished floor and the exterior landing is only .5" [Req. 4(6)]
      3. Replace the 30" door between the master bedroom and bathroom in Type A unit with a 2'-10" door.
      4. Provide wing-its and grab bars for all covered unit bathrooms and install upon request; [Req. 6]
      5. Lower fan control to 48" above the floor; [Req. 5]
      6. In hall bathroom in Type E unit, replace the lavatory cabinet with a removable cabinet model so that there in at least 33' between the cabinet and the wall on the opposite side of the water closet; [Req. 7]
      7. In hall bathroom in Type E unit, using an off-set flange drain, relocate water closet 2" further from the tub; [Req. 7]

      MODIFICATION SELECTION FORM
      TWO BEDROOM, TWO BATH UNITS

      Name of Resident:

      _____________________________________________________

      Address:

      _____________________________________________________________

      I am aware that all the following modifications are available for my unit, at no cost to me, and am hereby requesting that my unit be modified as follows: (5)

      (Resident: please write " yes" or " no" next to those modifications you would or would not like to request)

      1) Replace the entry door threshold and install sweep so that the interior threshold does not exceed .75"  
      2) Re-pave the landing outside unit entry door to eliminate step up  
      3) Relocate water closet 2" farther from the bathtub  
      4) Lower fan control to 48" from the floor  
      5) Install grab bars at toilet in hall bathroom  
      6) Install grab bars at tub in hall bathroom  
      7) Install grab bars at toilet in master bathroom  
      8) Install grab bars at tub in master bathroom  

      I also acknowledge that I will receive a $500 inconvenience payment if I request substantially all of the retrofits listed above for my unit. I also understand that this payment must be returned if these retrofits are not ultimately made.

      (Resident: please return this form to Community Management and Sales, 3360 Russell Road, Suite E, Las Vegas, Nevada 89120, fax: 702.855.0459)

      _____________________________                _________________________
      Signature                                                             Date

      APPENDIX D
      FORMS

      MODIFICATION SELECTION FORM

       

      TWO BEDROOM, ONE BATH UNITS

      Name of Resident:

      ______________________________________________________

      Address:

      ______________________________________________________________

      I am aware that all the following modifications are available for my unit, at no cost to me,and am hereby requesting that my unit be modified as follows: (6)

      (Resident: please write " yes" or " no" next to those modifications you would or would not like to request)

      1) Replace the entry door threshold and install sweep so that the interior threshold does not exceed .75"  
      2) Re-pave the landing outside unit entry door to eliminate step up  
      3) Replace 30" door between master bedroom and bathroom with a 2' 10" door  
      4) Lower fan control to 48" from the floor  
      5) Install grab bars at toilet in bathroom  
      6) Install grab bars at tub in bathroom  
      7) Install grab bars at toilet in master bathroom  
      8) Install grab bars at tub in master bathroom

      I also acknowledge that I will receive a $500 inconvenience payment if I request substantially all of the retrofits listed above for my unit. I also understand that this payment must be returned if these retrofits are not ultimately made.

      (Resident: please return this form to Community Management and Sales, 3360 Russell Road, Suite E, Las Vegas, Nevada 89120, fax: 702.855.0459)

      _____________________________                _________________________
      Signature                                                             Date

      APPENDIX E

      EMPLOYEE FAIR HOUSING ACKNOWLEDGMENT FORM

      I hereby acknowledge that I have received, read and understand the Consent Order entered in United States v. Falcon Development Corp., et al.,

      I agree to act in accordance with that Consent Order. I understand that I should not discriminate against any person in any aspect of the rental of apartment units on the basis of that person's race, color, national origin, religion, sex, handicap or familial status. I understand that if I do discriminate, I will be subject to dismissal or other disciplinary action by my employer.

      I have been informed by my employer that it will not reprimand me for providing information to any law enforcement agency (including the Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section - G St., 950 Pennsylvania Ave, N.W., Washington, D.C. 20530, telephone number (202) 514-4713) or any government official regarding my employer's compliance with the Fair Housing Act and/or the Consent Order.

      ___________________________
      Signature of Employee

      ___________________________
      Name of Employee (Printed)

      ___________________________
      Name of Employer(s)

      ___________________________
      Employee's Job Position or Title

      1. Serenade Homeowners Association is named as a defendant in this action solely as a necessary party for relief.

      2. All submissions to the United States or its counsel shall be made to: U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section - G St., 950 Pennsylvania Avenue, NW, Washington, D.C. 20530. Attn: DJ No. 175-46-99, or as otherwise directed by the United States.

      3. This retrofit is not necessary if the primary entrance of the community center is made accessible.

      4. This retrofit is not necessary if the primary entrance of the community center is made accessible.

      5. The measurements provided in these modifications are those set forth according to the Department of Housing and Urban Development Fair Housing Accessibility Guidelines and the 1986 American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities.

      6. The measurements provided in these modifications are those set forth according to the Department of Housing and Urban Development Fair Housing Accessibility Guidelines and the 1986 American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities.

      Document Filed August 2, 2002 > >

      Updated August 6, 2015

      Updated June 8, 2023