United States of America v. Gulf Shores Apartments, Ltd. et al

Filing 58

CONSENT DECREE/JUDGMENT entered. Signed by Judge Kristi K. DuBose on 6/5/2014. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
CYNTHIA BOYD,
Intervenor-Plaintiff,
v.
GULF SHORES APARTMENTS,
LTD., ARD, INC., SOUTHEASTERN
PARTNERS, INC., MITCHELL
MANAGEMENT, INC.,
MULTIFAMILY MANAGEMENT,
INC., THE MITCHELL COMPANY,
INC., JO ANN DOUGLAS, ROBIN
PRENTICE, and MICHAEL
GRINSTEAD,
Defendants.

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) Civil Action No.
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) 1:13-cv-00530-KD-M
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CONSENT DECREE
Plaintiff United States of America, Intervenor Plaintiff Cynthia Boyd (“Ms.
Boyd”), and Defendants Southeastern Partners, Inc. (“Southeastern”); Mitchell
Management, Inc. (“MMI”); Multifamily Management, Inc. (“MFMI”); The
Mitchell Company, Inc. (“MCI”); Jo Ann Douglas (“Douglas”); Robin Prentice
(“Prentice”); and Michael Grinstead (“Grinstead”) agree to the terms of this
Consent Decree resolving this action filed by the United States and Ms. Boyd.

I.

INTRODUCTION.

On October 30, 2013, the United States of America filed a Complaint, on
behalf of Cynthia Boyd, against Defendants Gulf Shores Apartments, Ltd.
(“GSA”), ARD, Inc. (“ARD”), Southeastern, MMI, MFMI, MCI, Ms. Douglas,
Mr. Prentice and Mr. Grinstead (collectively, “Defendants”). On January 9, 2014,
Ms. Boyd filed an Intervenor Complaint against Defendants, pursuant to 42 U.S.C.
§ 3612(o). The United States and Ms. Boyd allege that Ms. Boyd, an adult resident
citizen of Baldwin County, Alabama, is an individual with physical and mental
disabilities which substantially limit one or more of her major life activities. Ms.
Boyd has a seizure disorder, limited mobility, mental disabilities and uses a
“service animal.” She has a “disability” as defined by the Fair Housing Act, 42
U.S.C. § 3602(h).
The Complaint and Intervenor Complaint allege that Defendants
discriminated against Ms. Boyd, who was a resident of Morgan Trace Apartments
in Gulf Shores, Alabama (“Morgan Trace”), by refusing her requests for an
apartment with a ground level entrance as a reasonable accommodation of her
disabilities. They further allege that Defendants discriminated against Ms. Boyd
by denying permission for her to keep her service animal in her apartment as a
reasonable accommodation.
The Complaint and Intervenor Complaint allege that, during the period
relevant to this action, Defendants Douglas and Grinstead were employed by MCI,
MMI or MFMI and Defendant Prentice was employed by MMI or MFMI. They
further allege that Defendants Douglas, Prentice, and Grinstead subjected Ms.
Boyd to demeaning, threatening, and derogatory statements because of her
disability. They also allege Defendant Grinstead sexually harassed Ms. Boyd by
refusing to perform maintenance repairs in her apartment unless she agreed to have
sex with him and that he threatened her service animal.
The Complaint and Intervenor Complaint allege that Defendants retaliated
against Ms. Boyd because she filed a complaint with the Department of Housing
and Urban Development (“HUD”), by having Defendant Prentice hand-deliver a
14-day notice to vacate to Ms. Boyd on October 1, 2010.
Morgan Trace is a multi-family apartment complex located in Gulf Shores,
Alabama. During the times alleged in the Complaint and Intervenor Complaint:
(1) Morgan Trace was owned by Defendant GSA; (2) Defendant Southeastern was

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the General Partner of GSA, and MCI was the limited partner; and (3) MCI was
the USDA-RD Approved Management Agent of Morgan Trace.
MMI changed its name to MFMI in May 2009. On November 16, 2011,
MFMI became the USDA-RD Approved Management Agent for Morgan Trace.
This was after Ms. Boyd no longer lived at Morgan Trace. Neither MMI nor
MFMI owned or managed Morgan Trace during the times alleged in the Complaint
and Intervenor Complaint and had no responsibility for the issues raised by the
United States and Ms. Boyd in the Complaints. ARD did not own or manage
Morgan Trace during the times alleged in the Complaint and Intervenor Complaint
and had no responsibility for the issues raised by the United States and Ms. Boyd
in the Complaints.
The Complaint and Intervenor Complaint allege that Defendants:
1.

Discriminated in the rental of, or otherwise made unavailable or
denied, a dwelling to Ms. Boyd because of disability, in violation of
42 U.S.C. § 3604(f)(1)(A);

2.

Discriminated against Ms. Boyd in the terms, conditions, or privileges
of rental of a dwelling or in the provision of services or facilities in
connection with a dwelling, because of her disabilities, in violation of
the Fair Housing Act, 42 U.S.C. § 3604(f)(2);

3.

Refused to make reasonable accommodations in their rules, policies,
practices, or services, when such accommodations were necessary to
afford Ms. Boyd equal opportunity to use and enjoy her dwelling, in
violation of the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B);

4.

Coerced, intimidated, threatened, interfered with, and retaliated
against Ms. Boyd in violation of 42 U.S.C. § 3617 when they served
Ms. Boyd with a notice to vacate within hours of receiving service of
her fair housing complaint;

5.

Subjected Ms. Boyd to sexual harassment and to harassment based on
her disabilities, in violation of 42 U.S.C. § 3604(b); and

6.

Made discriminatory statements about Ms. Boyd, in violation of 42
U.S.C. § 3604(c).

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On or about September 27, 2010, Ms. Boyd filed a timely complaint with
HUD pursuant to 42 U.S.C. § 3610 et seq., alleging discrimination on the basis of
disability, among other things. The Secretary of HUD conducted an investigation
of the complaint, and attempted conciliation without success. On September 26,
2013, the Secretary issued a Charge of Discrimination, pursuant to 42 U.S.C. §
3610(g)(2), charging Defendants with engaging in discriminatory practices against
Cynthia Boyd on the basis of disability and sex and with acts of retaliation in
violation of the Fair Housing Act. After Ms. Boyd elected to proceed in federal
court, HUD referred the case to the Department of Justice for filing pursuant to 42
U.S.C. § 3612(o) (1).
Defendants deny they discriminated against Ms. Boyd on the basis of
disability or sex. Defendants deny they retaliated against Ms. Boyd for her exercise
of her rights under the Fair Housing Act. Defendants deny Ms. Boyd was
subjected to harassment based on her disability or sex or on the basis of any other
protected class.
United States, Ms. Boyd and Defendants agreed to dismiss, with prejudice,
all claims asserted by the United States and Ms. Boyd against ARD and GSA
pursuant to a separate Joint Stipulation of Dismissal. The remaining Defendants
have entered into this Consent Decree (“Decree”) for settlement purposes only, and
neither the entry of the Decree nor any action taken under it should be construed as
an admission by any Defendant of any fault or wrongdoing, or as an admission of
the validity of the claims asserted by the United States or Ms. Boyd.
II.

AGREEMENT REGARDING JURISDICTION.

The parties agree that this Court has jurisdiction over the parties and the
subject matter of this action pursuant to 28 U.S.C. § 1345 § 1331, and 42 U.S.C. §
3612(o).
III.

AGREEMENT REGARDING SETTLEMENT OF CLAIMS.

The parties agree that, to avoid costly and protracted litigation, the claims
against Defendants should be resolved without further proceedings and an
evidentiary hearing. Therefore, as indicated by the signatures below, the parties
agree to the entry of this Decree. This Decree constitutes full resolution of the
claims in the Complaints that Defendants discriminated against Ms. Boyd on the
basis of disability and sex, and retaliated against her exercise of her rights under
the Fair Housing Act.
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Ms. Boyd and Defendants have entered a separate Release and Settlement
Agreement. As a condition to Defendants consenting to the terms of this Decree,
Ms. Boyd agrees to indemnify and hold Defendants harmless against any claim by
the United States Department of Agriculture, HUD, or any other governmental
agency or instrumentality that Defendants, either individually or collectively, have
any duty or obligation to collect monies from Ms. Boyd, pursue claims or
proceedings to collect monies from Ms. Boyd, or to pay monies relating to any
subsidized rent payment Ms. Boyd was allowed or which she paid during her
tenancy at Morgan Trace.
Ms. Boyd’s agreement to defend and indemnify Defendants includes an
agreement to pay any legal fees and expenses incurred by Defendants as a result of
a claim or proceeding relating to Ms. Boyd’s subsidized rent payments.
TERMS OF AGREEMENT
All following relief shall apply to all MFMI’s and MCI’s multi-family
properties in Alabama, whether currently owned and/or managed, or later acquired
during the pendency of this Decree.
IV.

GENERAL INJUNCTION.

1.

MFMI and MCI, their agents, employees, officers, and contract workers
whose duties, in whole or in part, involve the management, sale, or rental of
units at MFMI’s or MCI’s multi-family properties in Alabama, and all other
persons in active concert or participation with them, are enjoined from
violating the Fair Housing Act on the basis of disability or sex, and from:
a.

discriminating in the sale or rental, or from otherwise making
unavailable or denying a dwelling to any buyer or renter because of a
disability, as prohibited by the Fair Housing Act, 42 U.S.C. § 3604(f)
(1);

b.

discriminating against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of
services or facilities in connection with such dwelling, because of a
disability, as prohibited by the Fair Housing Act, 42 U.S.C. §
3604(f)(2);

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c.

refusing to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary
to afford a person with a disability equal opportunity to use and enjoy
a dwelling, as required by the Fair Housing Act, 42 U.S.C. §
3604(f)(3)(B);

d.

making, printing, or publishing a notice or statement with respect to
the sale or rental of a dwelling that indicates a preference, a limitation,
or discrimination based on disability, in violation of 42 U.S.C. §
3604(c);

e.

coercing, intimidating, threatening, or interfering with any person in
the exercise or enjoyment of, or on account of her having exercised or
enjoyed, or on account of her having aided and encouraged any other
person in the exercise or enjoyment of, any right granted by 42 U.S.C.
§§ 3603-3606; and

f.

engaging in harassment, including sexual harassment, of any tenant or
prospective tenant, as prohibited by the Fair Housing Act.

V.

DAMAGES FOR MS. BOYD, FEES, AND COSTS.

2.

Within thirty (30) days of the Court’s entry of this Decree, Defendants shall
pay to Ms. Boyd, the sum of Ninety Thousand Dollars ($90,000.00) in
monetary damages, attorney’s fees and costs. Parties in this action other
than MMI and MFMI are responsible for making the payment. Upon receipt
of the check, counsel for Ms. Boyd shall send to Defendants an executed
Release and Settlement Agreement of all claims, legal or equitable, that Ms.
Boyd has or might have against the Defendants arising from the allegations
raised in this action.

VI.

NONDISCRIMINATORY POLICY.

3.

Within thirty (30) days of the Court’s entry of this Decree and throughout
the term of this Decree, MFMI and MCI shall post and prominently display
in their multifamily properties in Alabama a sign no smaller than 8.5 inches
by 14 inches, indicating that all dwellings are available for sale or rental on a
nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110
will satisfy this requirement. These posters shall be plainly visible to all
persons, including those who use wheelchairs.
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4.

Within thirty (30) days of the Court’s entry of this Decree and throughout
the term of this Decree, MFMI and MCI shall ensure that any advertising for
their multifamily properties in Alabama, in newspapers, telephone
directories, radio, television, the internet, or other media, and on signs,
pamphlets, brochure, and other promotional literature, include a fair housing
logo, the words “equal housing opportunity provider,” and/or the following
sentence:
We are an equal opportunity housing provider. We do not
discriminate on the basis of race, color, national origin, religion,
sex, familial status (families with children 18 years or younger),
or disability.
The words or logo should be prominently placed and clearly legible.

5.

Within thirty (30) days of the Court’s entry of this Decree, MFMI and MCI
shall provide to all residents of their multifamily properties in Alabama
which they own or manage a written notice, conforming to Appendix A,
describing their policy of nondiscrimination. MFMI and MCI shall also
provide this policy to all prospective residents of their multifamily
affordable properties in Alabama at the time of application.

VII. GENERAL REASONABLE ACCOMMODATION POLICY.
6.

Within sixty (60) days after the date of the Court’s entry of this Decree, and
subject to approval by the United States, MFMI and MCI shall adopt and
implement (for their multifamily properties in Alabama) specific, uniform,
and objective written standards and procedures for receiving and handling
requests made by tenants or prospective tenants with disabilities for
reasonable accommodations other than requests for assistance animals, see,
VIII below. These standards shall comply with the requirements of 42
U.S.C. § 3601 et seq., and shall include the following provisions:
a.

Within fourteen (14) days of the approval of the United States, MFMI
and MCI shall provide to all current and prospective residents (who
submit applications) of MFMI’s and MCI’s multifamily properties in
Alabama complete copies of the Reasonable Accommodation policy
and of the Reasonable Accommodation forms attached hereto as
Appendices B, C, D, and E;
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b.

MFMI and MCI shall use the following forms at their multifamily
properties in Alabama: Request for Reasonable Accommodation
(Request Form) (Appendices C and D); and Approval or Denial of
Reasonable Accommodation Request Form (Approval Form)
(Appendix E). Oral requests for Reasonable Accommodations will be
recorded by the Property Manager using the form in Appendix D;

c.

The policy will contain a provision stating that all requests for
accommodation shall be acknowledged in writing within ten (10) days
of the request;

d.

The policy shall state that those requesting a reasonable
accommodation shall be notified in writing of the decision regarding
their request for accommodation within fourteen (14) days of the
request (or sooner if the situation requires an immediate response); if
MFMI or MCI cannot grant the request as made, they are required to
engage in an interactive process with the resident or prospective
resident to discuss whether an alternate accommodation can be made
available; in the event the interactive process is unsuccessful, resulting
in a denial of the request, an explanation of the basis for such denial
shall be included in this written notification;

e.

The policy will contain a provision stating that MFMI and MCI shall
consider all requests for accommodations because of disability and
shall grant those requests that are reasonable within the meaning of
the Fair Housing Act. The policy shall also include a provision
explaining that MFMI and MCI shall engage in an interactive process
with the resident or the prospective resident in an effort to grant the
request;

f.

The policy will contain a provision stating that MFMI or MCI shall
not impose any additional fees, costs, or otherwise retaliate against
any person at any of MFMI’s or MCI’s multifamily properties in
Alabama who has exercised his or her right under the Fair Housing
Act to make one or more reasonable accommodation requests and, if
applicable, to receive a reasonable accommodation. In the event the
reasonable accommodation request involves a reasonable modification
to the structure of the interior or exterior areas of the dwelling or to
common and public use areas (e.g., widening doorways for
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wheelchairs, lowering kitchen cabinets, adding ramps for wheelchair
access, etc.), the current or prospective resident is responsible for
paying the costs of the modifications; and
g.

In the event a resident’s or prospective resident’s disability is not
obvious as it relates to the requested accommodation, MFMI or MCI
may request information be provided by the resident or prospective
resident which credibly demonstrates the disability, such as: evidence
that the individual (if under 65 years of age) receives Supplemental
Security Income or Social Security Disability Insurance Benefits; a
note, report or prognosis from a doctor or other medical professional;
verification from a peer support group or non-medical service agency
which relates to the stated disability; or a statement from a reliable
third-party (e.g., treating psychiatrist, psychologist, other healthcare
provider, parent, guardian, care-giver, husband, wife or partner) who
is in a position to have observed and know the resident's or
prospective resident's disability or disability.

7.

For the duration of this Decree, MFMI and MCI shall provide a copy of the
Reasonable Accommodation Policy for Persons with Disabilities to each
new resident of their multifamily properties in Alabama prior to the
prospective residents being asked to sign a lease or sales agreement.

8.

MFMI and MCI shall post the Reasonable Accommodation Policy in a
conspicuous location in the management office of each of their multifamily
properties in Alabama, easily visible to residents and prospective residents
including those who use wheelchairs.

9.

If MFMI or MCI proposes to change these guidelines, they shall first notify
the United States1 with a copy of the proposed changes. If the United States
does not deliver written objections to MFMI or MCI within sixty (60) days
of receiving the proposed changes, the changes may be effected. If the
United States makes any objections to the proposed changes within the sixty
(60) day period, the specific changes to which the United States objects shall
not be affected until the objections are resolved.

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MFMI and MCI shall send all documents, notices, and other communications required by the
Decree to be sent to the United States to: Holly Wiseman, Special Assistant United States
Attorney, Southern District of Alabama, Civil Division, 63 South Royal Street, Suite 600,
Mobile, AL 36602, and reference Civil Action No. 13-00530-KD-M.

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10.

MFMI and MCI shall keep written records of each request for reasonable
accommodation it receives during the duration of this Decree. These records
shall include: (a) the name, address, and telephone number of the person
making the request; (b) the date on which the request was received; (c) the
nature of the request; (d) whether the request was granted, was granted in
modified form as a result of the interactive process, including the details of
the discussions, or denied; and (e) if the request was denied, the reason(s) for
the denial.

11.

Upon adopting specific, uniform, and objective written standards and
procedures for receiving and handling requests made by people with
disabilities for reasonable accommodations, MFMI and MCI shall provide
written notice, in a form substantially equivalent to Appendix G attached
hereto, of those standards to each current resident of their multifamily
properties in Alabama and each prospective resident of their multifamily
properties in Alabama who submits an application.

VIII. POLICY CONCERNING REQUESTS FOR ASSISTANCE ANIMALS.
12.

No later than sixty (60) days after the date of entry of this Consent Decree,
MFMI and MCI shall submit for approval to the United States a proposed
reasonable accommodation policy. The proposed policy shall, at a
minimum, include the information contained in Attachment F.

13.

Within thirty (30) days of the United States’ approval of the proposed
policy, MFMI and MCI shall adopt the policy and notify in writing each
resident of their multifamily affordable properties in Alabama of the
adoption and implementation of the New Policy.

14.

No later than fourteen (14) days after adoption of the New Policy, MFMI
and MCI shall either publicly post the New Policy in a prominent location at
their multifamily properties in Alabama or distribute a copy of the policy to
each person who inquires about renting a unit at the building.

15.

The New Policy, once approved, shall supersede all existing policies,
procedures, and resolutions concerning or affecting approval of reasonable
accommodations at MFMI’s and MCI’s multifamily properties in Alabama,
including but not limited to approval of assistance animals.

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IX.

ANTI-SEXUAL HARASSMENT POLICY.

16.

Within thirty (30) calendar days from the Court’s entry of this Decree,
MFMI and MCI will develop, review, and/or update and follow policies and
procedures for reporting sexual harassment on the part of their agents,
employees and contract workers, which policies and procedures shall
include disciplinary action that may be taken. The policies and procedures
will include the following elements:
a.

A provision for reporting alleged sexual harassment;

b.

A provision outlining the procedure which will be followed after
alleged sexual harassment is reported;

c.

A provision outlining all disciplinary actions which may be taken
against the agents, employees, and contract workers when alleged
sexual harassment is found; and

d.

A provision prohibiting retaliation against any person who has made a
complaint, reported, or assisted in reporting alleged sexual
harassment.

X.

TRAINING & EDUCATIONAL PROGRAM.

17.

Within thirty (30) days of the Court’s entry of this Decree, MFMI and MCI
shall provide a copy of this Decree and the nondiscrimination and reasonable
accommodation policies to all of their agents, employees, and contract
workers whose duties, in whole or in part, involve the management, sale, or
rental of units at their multifamily properties in Alabama and secure a signed
statement from each agent or employee acknowledging that he or she has
received and read the Decree and policies, and has had an opportunity to
have questions about the Decree and policies answered. This statement shall
be substantially in the form of Appendix H.

18.

During the term of this Decree, within thirty (30) days after the date he or
she commences an agency or employment relationship with MFMI or MCI,
each new agent, employee, or contract worker whose duties, in whole or in
part, involve the management, sale or rental of units at MFMI’s or MCI’s
multifamily properties in Alabama shall be given a copy of this Decree and
the nondiscrimination and reasonable accommodation policies and be
11

required to sign the statement acknowledging that he or she has received and
read the Decree and policies, and had an opportunity to have questions about
the Decree and policies answered. This statement shall be substantially in
the form of Appendix H.
19.

Within ninety (90) days of the Court’s entry of this Decree, MFMI and MCI
and all of their agents, officers, employees, and contract workers whose
duties, in whole or in part, involve the management, sale, or rental of units at
their multifamily properties in Alabama, shall undergo training on the
requirements of the Fair Housing Act, including the duty to provide
reasonable accommodations for persons with disabilities and the duty to
refrain from sexual harassment of tenants and prospective tenants. The
training shall be conducted by a qualified third-party (to include the Center
for Fair Housing of Mobile, Alabama), who is unconnected to MFMI or its
employees, agents or, counsel, and approved by the United States. All
expenses associated with MFMI’s training shall be borne by MFMI. All
expenses associated with MCI’s training shall be borne by MCI. MFMI and
MCI shall provide to the United States, within thirty (30) days after the
training, the name(s), addresses(es), and telephone number(s) of the
trainer(s); copies of the training outlines and any materials distributed by the
trainers; and certifications executed by them and covered employees and
agents confirming their attendance, in a form substantially equivalent to
Appendix I.

XI.

REPORTING AND RECORD-KEEPING REQUIREMENTS.

20.

Within ninety (90) days of the Court’s entry of this Decree, and thereafter on
the anniversary of the entry of this Decree, MFMI and MCI shall submit to
the United States a compliance report, except that the final report shall be
submitted sixty (60) days prior to the expiration of this Decree. The
compliance report shall include: (a) the signed statement of each agent and
employee referred to in paragraphs 15-17, above; (b) copies of their
nondiscrimination and reasonable accommodation policies submitted
pursuant to Sections IV and V, above; and (c) copies of any advertisements,
pamphlets, brochures, or other promotional literature concerning multifamily
properties in Alabama.

21.

For the duration of this Decree, MFMI and MCI shall notify counsel for the
United States, in writing, within fifteen (15) days of receipt of any complaint
of housing discrimination against them regarding their multifamily
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properties in Alabama or any of their agents, employees, or contract workers
at their multifamily properties in Alabama. Such notification shall include
the date of the complaint, a copy of any written complaint or a description of
the verbal complaint, and contact information for the complaining party.
Within fifteen (15) days of the resolution of any such complaint, MFMI or
MCI shall notify counsel for the United States, in writing, providing the
details of the resolution.
22.

For the duration of this Decree, MFMI and MCI shall preserve all records
related to this Decree and any other documents related to the management,
sale, or rental of units at their multifamily properties in Alabama they own
or for which they provide any management support or responsibility. Such
documents include, but are not limited to, applications, leases, requests for
reasonable accommodation, evidence that each resident has been presented
the policies on nondiscrimination and reasonable accommodations and an
opportunity to request an accommodation, tenant files, policies, procedures,
all correspondence with residents and all notebooks, logs, and computer
information that relates to correspondence with residents, and tenant-tracker
and unit availability logs. Upon reasonable notice to MFMI and MCI,
representatives of the United States shall be permitted to inspect and copy
any of MFMI’s or MCI’s records or inspect their multifamily properties in
Alabama owned and/or managed by them at any and all reasonable times so
as to determine compliance with the Decree; provided, however, that the
United States shall endeavor to minimize any inconvenience to them from
such inspections.

23.

MFMI and MCI shall notify counsel for the United States, in writing, if they
acquire any new ownership interest or management of any multifamily
properties in Alabama during the duration of this Decree. Said notice shall
be made within 15 days after the acquisition of any such interest.

XII. COMPLIANCE TESTING.
24.

The United States may take steps to monitor MFMI’s and MCI’s compliance
with this Decree including, but not limited to, conducting fair housing tests
at any of MFMI’s or MCI’s multifamily properties in Alabama.

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XIII. DURATION OF DECREE AND TERMINATION OF LEGAL
ACTION.
25.

The Court shall retain jurisdiction for three (3) years after the Court’s entry
of this Decree to enforce the terms of the Decree, at which time the case
shall be dismissed with prejudice. Prior to the expiration of the Decree's
term, the United States may move the Court to extend the duration of the
Decree for good cause, including on the basis that MFMI or MCI failed to
comply with a provision of the Decree.

26.

The parties 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 a resolution. However, in the
event of a failure by MFMI or MCI or their agents, employees, officers, and
contract workers whose duties, in whole or in part, involve the management,
sale, or rental of units at MFMI’s or MCI’s multifamily properties in
Alabama, to perform in a timely manner any act required by this Decree or
otherwise to act in violation of 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 attorney’s fees that may have been occasioned by the
violation or failure to perform.

XIV. TIME FOR PERFORMANCE.
27.

Any time limits for performance imposed by this Consent Decree may be
extended by the mutual, written agreement of the United States and MFMI
or MCI.

XV. COSTS OF LITIGATION.
28.

With the exception of the costs and attorney’s fees described in Section III
above, each party to this Consent Decree shall bear its own costs and
attorney’s fees associated with this litigation.

IT IS SO ORDERED:
June
5th
This ____ day of ________2014.

s/ Kristi K. DuBose
________________________________
UNITED STATES DISTRICT JUDGE

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

FOR PLAINTIFF UNITED STATES OF AMERICA

KEI{YEN R. BROWN
LINITED STATES ATTORNEY

First Assistant United States Attornev
United States Attorney's Office
Southern District of Alabama
63 South Royal Street, Suite 600
Mobile, Alabama 36602
Telephone: [phone]
Facsimile: (251) 441-505 I
Email: [e-mail]

Special ,Afsistant United States Attorney
United Sfates Attorney's Office
63 South Royal Street, Suite 600

Mobile, Alabama 36602
Telephone: [phone]
Facsimile: (251) 441-505 1
Email : [e-mail]

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APPENDIX A
NONDISCRIMINATION POLICY
It is the policy of [Multifamily Management, Inc. / The Mitchell Company,
Inc.] to comply with Title VIII of the Civil Rights Act of 1968 (commonly known
as the Fair Housing Act) by ensuring that apartments are available to all persons
without regard to race, color, religion, national origin, disability, familial status, or
sex.
This policy means, among other things, that [Multifamily Management, Inc. /
The Mitchell Company, Inc.] and all agents or employees of [Multifamily
Management, Inc. / The Mitchell Company, Inc.] at ______________________
(name of the rental property) with the responsibility for renting, selling or
managing any dwelling units must not discriminate in any aspect of the sale or
rental of dwellings to qualified applicants or tenants. Such agents and employees
must refrain from, among other things:
A.
Discriminating in the sale or rental of, or otherwise making
unavailable or denying, a dwelling to any person because of race, color, religion,
sex, familial status (having children under 18), national origin, or a disability of the
resident or of any person associated with the resident;
B.
Discriminating against a person in the terms, conditions, or privileges
of the sale or rental of a dwelling or in the provision of services or facilities in
connection with such dwelling, because of race, color, religion, sex, familial status
(having children under 18), national origin, or a disability of the resident or of any
person associated with the resident;
C.

Sexually harassing any tenant or prospective tenant.

D.
Refusing to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to afford a
resident with a disability an equal opportunity to use and enjoy a dwelling; and
E.
Coercing, intimidating, threatening, or interfering with any person in
the exercise or enjoyment of, or on account of his/her having exercised or enjoyed,
or on account of his/her having aided or encouraged any other person in the
exercise or enjoyment of, any right granted or protected by the Act.

17

Any agent or employee who fails to comply with this nondiscrimination
policy shall be subject to appropriate disciplinary action. Any action taken by an
agent or employee that results in the unequal service, treatment or behavior to
residents on the basis of race, color, religion, sex, familial status (having children
under 18), national origin, or disability may constitute a violation of state and
federal fair housing laws. Any resident who believes that any of the above policies
have been violated by any owner, agent or employee may contact the U.S.
Department of Housing and Urban Development at 1-800-669-9777, or the United
States Attorney’s Office at 251-441-5845.

18

APPENDIX B
GENERAL REASONABLE ACCOMMODATION POLICY FOR
PERSONS WITH DISABILITIES
If a prospective resident, resident, or member of a prospective resident or
resident’s household has a disability, he/she may request a reasonable
accommodation.
Reasonable accommodations are changes, exceptions, or
adjustments to a rule, policy, practice, or service that may be necessary for a
person with a disability to have an equal opportunity to use and enjoy a dwelling,
including public and common use spaces.
It is preferred that all reasonable accommodation requests be submitted in writing
to the Management. Request forms for reasonable accommodations are available
at the rental office, or online at ____________________. If a prospective resident,
resident or household member has difficulty filling the form, the local property
officer personnel will assist him or her in completing the form. Oral requests for
reasonable accommodations will be recorded and processed in accordance with
this policy.
The Management shall notify the requester in writing of the decision regarding the
request within fourteen (14) days of the completed written request. If the
Management cannot grant the request as made, the Management will engage in
open discussions and/or engage in an interactive process with the resident or
prospective resident in an effort to provide an alternate accommodation that
satisfies the request. In the event the interactive process is unsuccessful, resulting
in a denial of the request, an explanation of the basis for such denial shall be
included in the written notification. If the request is denied, the requesting resident
may contact the Department of Housing and Urban Development to file a
complaint at:
http://portal.hud.gov/portal/page/portal/HUD/topics/housing/discrimination or by
calling 1-800-669-9777 or may contact the United States Attorney’ Office at 251441-5845.

19

APPENDIX C
REQUEST FOR REASONABLE ACCOMMODATION
If you, a member of your household, or someone associated with you has a
disability, and believes that there is a need for a reasonable accommodation which
will provide you with an equal opportunity to use and enjoy your dwelling (e.g.,
transferring to a different apartment unit, the allowance of assistance animals, the
creation or reservation of accessible parking, the installation of bathroom grab
bars, etc.), please complete this form and return it to the Manager. The Manager
will assist you in completing this form, and will respond to your request in writing
within two weeks (or sooner if the situation requires an immediate response).
Name of Resident or Potential Resident:
Today's Date:
Signature of Resident or Potential
Resident:
The person(s) who has/have a disability requiring a reasonable accommodation
is/are: (mark applicable response)

□ Me

□ A person associated or living with me.

Name of person(s) with disability:
Phone:
Address:

20

I, or persons associated or living with me, have a disability and request the
following:

Reasons for the request:

REQUESTER

DATE

For Management
NOTICE: No Person at the Office of the Local Property Has Authority to Deny
Your Request for Reasonable Accommodation. You will be notified of the
decision by the [designated Reasonable Accommodation Facilitator]
If you have any questions or need assistance with this form please contact
[____________________________________________]:
Telephone:
Facsimile:
Address:
Email:

21

APPENDIX D
Form to be completed by an employee at the local property if Requester cannot or
will not complete written form:
On ____________________________, the undersigned requester orally requested
a reasonable accommodation to [describe dwelling unit]:

The reasonable accommodation consisted of:

I, the undersigned, ____________________, of __________________________
(Job title)
(Apartment Complex)
Gave the requester the applicable forms and assisted the requester in filling out the
forms.
The requester could not/refused to fill out the forms, and I completed the form with
requester’s verbal information.
I provided the completed forms to the Management on
(Date)
REQUESTER

DATE

REQUESTER’S ADDRESS:
REQUESTER’S TELEPHONE
NUMBER:
OFFICE EMPLOYEE WHO ASSISTED

22

DATE

NOTICE: No Person at the Office of the Local Property Has Authority to Deny
Your Request for Reasonable Accommodation. You will be notified by the
[Designated Reasonable Accommodation Facilitator] of the decision.
If you have any questions or need assistance with this form please contact the
Management at:
Telephone:
Facsimile:
Address:
Email:

23

APPENDIX E
APPROVAL OR DENIAL OF REASONABLE ACCOMMODATION REQUEST
BY [DESIGNATED REASONABLE ACCOMMODATION FACILITATOR]
Dear:

Address:

Phone:
On ____________________ [date], you requested the following reasonable
accommodation [describe request]:

We have (check all that apply):

□ Approved your request.

The following reasonable accommodation will be

permitted [describe]:

□ The change is effected immediately.
□ The reasonable accommodation will be permitted by _______________[date].

24

□

The change or exception you requested cannot be granted at the subject
property because:

However, we are willing to (see below) in an effort to accommodate your
disability.

□

Can neither approve nor deny your request without further information [List
information needed]:

□

Denied your request. We have denied your request because [list all reasons
that apply]:

□ We used these facts to deny your request [list]:

25

□

To make this decision, we spoke with the following people, reviewed the
following documents, and performed the following investigation [list]:

If you disagree with this decision, you may file a complaint with the Department of
Housing and Urban Development by visiting:
http://portal.hud.gov/portal/page/portal/HUD/topics/housing_discrimination or by
calling 1-800-669-9777, or you may contact the United States Attorney's Office at
[phone].
Sincerely,
SIGNATURE

DATE

Name:
Requestor acknowledges receipt of this completed form:
SIGNATURE

DATE

NOTICE: No Person at the Office of the Local Property Has Authority to Deny
Your Request for Reasonable Accommodation.
If you have any questions or need assistance with this form please contact
_______________ at:
Telephone:
26

Facsimile:
Address:
Email:

27

APPENDIX F
Reasonable Accommodation Policy Regarding “Assistance Animals”
The Federal Fair Housing Act and other state and local fair housing laws
require that housing owners and managers provide reasonable accommodations for
applicants and residents who have disabilities. [Multifamily Management, Inc. /
The Mitchell Company, Inc.] is committed to granting reasonable
accommodations when necessary to afford persons with disabilities the equal
opportunity to use and enjoy a dwelling at [Multifamily Management, Inc.’s /
The Mitchell Company, Inc.’s] apartment building.
Reasonable accommodations may include waiving or varying [Multifamily
Management, Inc.’s / The Mitchell Company, Inc.’s] rules or policies to allow a
resident with a disability to keep an “assistance animal.” An assistance animal is
an animal that does work or performs tasks for the benefit of a person with a
disability, or provides emotional support or other assistance that alleviates one or
more symptoms or effects of a person’s disability (“Assistance Animal”). The
most common Assistance Animals are dogs, although other animals may qualify as
assistance animals. Assistance Animals are not pets under [Multifamily
Management, Inc.’s / The Mitchell Company, Inc.’s] policies, and Assistance
Animals will be governed by this policy and not Defendants’ pet policy.
[Multifamily Management, Inc. / The Mitchell Company, Inc.] recognizes the
importance of Assistance Animals and is dedicated to ensuring that [Multifamily
Management, Inc.’s / The Mitchell Company, Inc.’s] apartment building
residents with Assistance Animals – whether owners, occupants or renters – may
keep them in their units.
If a resident with a disability requests a reasonable accommodation for an
Assistance Animal, [Multifamily Management, Inc. / The Mitchell Company,
Inc.] must determine whether the animal provides assistance needed by that
resident to afford him or her an equal opportunity to enjoy living at [Multifamily
Management, Inc.’s / The Mitchell Company, Inc.’s] apartment building. Many
times, both the disability and the assistance provided by the Assistance Animal is
obvious – for example, a dog guiding an individual who is blind or has low vision,
or a dog pulling the wheelchair of a person with a mobility impairment. If this is
the case, no further inquiry will be made and [Multifamily Management, Inc. /
The Mitchell Company, Inc.] will grant the resident the reasonable
accommodation.

28

a.
In the case of a resident who requests a reasonable accommodation for an
Assistance Animal that provides emotional support or other assistance that
alleviates one or more symptoms or effects of the resident’s disability,
[Multifamily Management, Inc. / The Mitchell Company, Inc.] may require a
written statement from a health or social service professional2 indicating:
i.

That the applicant has a disability,3 and

ii.

That the animal would provide emotional support or other assistance
that would alleviate one or more symptoms or effects of the disability.

b.
In the case of a resident who requests a reasonable accommodation for an
Assistance Animal that does work or performs tasks for the benefit of a person
with a disability, [Multifamily Management, Inc. / The Mitchell Company,
Inc.] may require that the resident provide:
i.

A written statement from a health or social service professional
indicating that the person has a disability, and

ii.

Information that the animal has been individually trained to do work
or perform tasks that would alleviate one or more symptoms or effects
of the disability, or information that the animal, despite lack of
individual training, is able to do work or perform tasks that would
alleviate one or more symptoms or effects of the disability.

c.
In the case of an Assistance Animal that both provides emotional support or
other assistance that alleviates one or more symptoms or effects of a disability and
does work or performs tasks for the benefit of a person with a physical disability,
[Multifamily Management, Inc. / The Mitchell Company, Inc.] may require
compliance with either of the two preceding paragraphs, but not both.
[Multifamily Management, Inc. / The Mitchell Company, Inc.] will not
require compliance with any of the following requirements:

2

“Health or social service professional” means a person who provides medical care, therapy or
counseling to persons with disabilities, including, but not limited to, doctors, physician
assistants, psychiatrists, psychologists, or social workers.
3
Under fair housing laws, a person with a disability is defined as a person who has a physical or
mental impairment that substantially limits one or more major life activities, a person who is
regarded as having such an impairment, or a person with a record of such an impairment.

29

i.

In the case of an Assistance Animal that provides emotional support
or other assistance that alleviates one or more symptoms or effects of
a disability, that the animal be trained as an emotional support animal
or have a certification of its efficacy, or

ii.

That the resident pay any fee, deposit or other charge for keeping the
animal, or obtain insurance as a condition of keeping the animal.

d.
In processing requests for Assistance Animals, [Multifamily Management,
Inc. / The Mitchell Company, Inc.] will take reasonable measures to protect the
confidentiality of any information or documentation disclosed in connection with
the requests. Such measures may include limiting access to such information to
persons specifically designated to deal with requests for reasonable
accommodations, who will disclose information only to the extent necessary to
determine whether to grant the request, and keeping all written requests and
accompanying documentation in a secure area to which only those designated
persons have access, except as otherwise required by law.
e.
It is the responsibility of a person with a disability who is a resident, tenant
or occupant of a unit to inform [Multifamily Management, Inc. / The Mitchell
Company, Inc.] as to the need for an Assistance Animal for the resident, tenant or
occupant of a unit, and to request a reasonable accommodation and provide any
required documentation. A person with a disability may request a reasonable
accommodation orally, but it will be more helpful to make it in writing. To that
end, [Multifamily Management, Inc. / The Mitchell Company, Inc.] has a
“Form to Request An Assistance Animal” (attached to this Policy) which a person
with a disability can use to make a reasonable accommodation request for an
Assistance Animal.
f.
If the applicant requires assistance in completing the form, the Property
Manager, on-site property caretaker or his or her designee will provide assistance
or will fill out the form based on an oral request. [Multifamily Management, Inc.
/ The Mitchell Company, Inc.] is using the form to record reasonable
accommodation requests so that we obtain only the information necessary to make
a reasonable accommodation decision and do not obtain confidential information
that we do not need to make a reasonable accommodation decision.
g.
Once a completed request with any required documentation is received,
[Multifamily Management, Inc. / The Mitchell Company, Inc.] will provide a
response within fourteen days.
Before denying a request, [Multifamily
30

Management, Inc. / The Mitchell Company, Inc.] will attempt to engage in an
interactive process with the person making the request in which the parties discuss
possible alternative accommodations that might effectively meet the person’s
disability-related needs. [Multifamily Management, Inc. / The Mitchell
Company, Inc.] recognize that a person with a disability is generally in the best
position to know whether or not a particular accommodation will be effective in
meeting his or her needs. If a request is denied, an explanation for the denial will
be included in the written notification of denial. If a person with a disability
believes that a request has been denied unlawfully or that the response is delayed
unreasonably, he or she may file a complaint with:
U.S. Department of Housing and Urban Development
Office of Fair Housing and Equal Opportunity
451 Seventh Street, SW
Washington, DC 20410
[phone]
https://www5.hud.gov/Hud903/main/pagHUD903Form.jsp

31

APPENDIX G
FORM TO REQUEST AN ASSISTANCE ANIMAL
The Federal Fair Housing Act and other state and local fair housing laws
require that housing owners and managers provide reasonable accommodations for
applicants and residents who have disabilities. [Multifamily Management, Inc. /
The Mitchell Company, Inc.] is committed to granting reasonable
accommodations when necessary to afford persons with disabilities the equal
opportunity to use and enjoy a dwelling at [Multifamily Management, Inc.’s /
The Mitchell Company, Inc.’s] apartment building.
Under fair housing laws, a person with a disability is defined as a person
who has a physical or mental impairment that substantially limits one or more
major life activities, a person who is regarded as having such an impairment, or a
person with a record of such an impairment. Reasonable accommodations may
include waiving or varying [Multifamily Management, Inc. / The Mitchell
Company, Inc.] rules or policies to allow a resident to keep an assistance animal.
An assistance animal is an animal that does work or performs tasks for the benefit
of a person with a disability, or provides emotional support or other assistance that
alleviates one or more symptoms or effects of a person’s disability (Assistance
Animal).
If you or someone associated with you has a disability and you believe that
there is a need for an Assistance Animal as a reasonable accommodation for the
person with a disability to use and enjoy a dwelling unit at [Multifamily
Management, Inc.’s / The Mitchell Company, Inc.’s] apartment building, please
complete this form and return it to the on-site caretaker or [Multifamily
Management, Inc.’s / The Mitchell Company, Inc.’s] management office.
Please check all items that apply and answer all questions. [Multifamily
Management, Inc. / The Mitchell Company, Inc.] will answer this request in
writing within 14 days. All information provided to MFMI in connection with this
request will be kept confidential, except as otherwise required by law. If you
require assistance in completing this form, please call the management office at
[INSERT PHONE NUMBER] for assistance or to make an oral request for a
reasonable accommodation.
1.

Do you require assistance filling out this form?

□ Yes

□ No
32

If your answer is “Yes,” and you do not have someone who can assist you, please
ask [INSERT NAME AND PHONE NUMBER] to assist you in filling out this
form.
If your answer is “No,” continue on to Question No. 2.
2.

Today’s Date: _________________________________________________

3.

I am (please check one):

□ The person who has a disability and is requesting an Assistance Animal. If so,
continue to Question 4.

□ A person making a request on behalf of or assisting the person with a disability
who needs an Assistance Animal. Please fill out the information below:
Name of person filling out form:
Address:
Telephone number:
Relationship to person needing
Assistance Animal”
4.
Name of person with a disability for whom a reasonable accommodation is
being requested:
Name:
Phone Number:
Address:
5.
Is the person with a disability who is requesting an Assistance Animal doing
so that he or she can have an equal opportunity to use and enjoy a dwelling at
[Multifamily Management, Inc.’s / The Mitchell Company, Inc.’s] apartment
building?

□ Yes

□ No
33

6.
Designate the species of animal for which you are making a reasonable
accommodation request e.g., “dog,” “cat:”

7.
Provide the name and physical description (size, color, weight, any tag
and/or license) of the animal for which you are making a reasonable
accommodation request:

8.
Does the animal for which you are making a reasonable accommodation
request perform work or do tasks for you because of your disability?

□ Yes

□ No (If “No,” continue to Question 9)

If the answer is yes:
(a) provide a statement from a health or social service professional
indicating that you have a disability (i.e. you have a physical or mental impairment
that substantially limits one or more major life activities); and
(b) explain below how the animal has been trained to do work or perform
tasks that alleviate one or more symptoms or effects of your disability or, if the
animal lacks individual training, how the animal is able to do work or perform
tasks that would alleviate one or more symptoms or effects of your disability:

34

You may provide any additional information or documentation of the training or
work you describe above and attach it to this application.
9.
If the animal for which you are making a reasonable accommodation request
does not perform work or do tasks for you because of your disability, but provides
emotional support or alleviates one or more symptoms or effects of your disability,
please submit a statement from a health or social service professional stating that
(a) you have a disability (i.e. you have a physical or mental impairment that
substantially limits one or more major life activities); and (b) the animal would
provide emotional support or other assistance that would alleviate one or more
symptoms or effects of your disability and how the animal alleviates the symptoms
or effects. Please attach such a statement to this application.
Signature of Person Making Request

Date

Signature of Person With Disability

Date

TO BE COMPLETED BY MANAGEMENT
Form accepted by:
Date:
Signature:

35

APPENDIX H
EMPLOYEE ACKNOWLEDGMENT
I acknowledge that on _____________________________, 20_, I was provided
copies of the Consent Decree entered by the Court in United States and Cynthia
Boyd v. Gulf Shores Properties Ltd., et al., Civil Action No. (S.D. Ala.), and the
nondiscrimination and reasonable accommodation policies of MFMI. I have read
and understand these documents and have had my questions about these documents
answered. I understand my legal responsibilities and shall comply with those
responsibilities.
Signature:
Print Name:
Job Title:

36

APPENDIX J
CERTIFICATION OF FAIR HOUSING TRAINING
On ____________________ I attended training on the federal Fair Housing Act,
including its requirements concerning reasonable accommodations for people with
disabilities. I have had all of my questions concerning the Fair Housing Act
answered to my satisfaction.
Signature:
Print Name:
Date:

37

APPENDIX K
LIST OF PROPERTIES SUBJECT TO CONSENT DECREE

COMPLEX
Hope VI
Fountainebleau, Building A
Tower on Ryan Park

STREET ADDRESS

CITY

STATE

ZIP
CODE

500 John Helm Street
125 Mobile Infirmary Blvd.
758 St. Michael St

Prichard
Mobile
Mobile

AL
AL
AL

36610
36607
36602

38

NUMBER
OF
UNITS