United States of America v. Nistler et al

Filing 4

CONSENT JUDGMENT in favor of United States of America against Derek Brown Consulting, Roylance & Nistler Properties, Werner-Nistler Properties, Derek Brown, Gabriel Nistler, Patricia Roylance, Ross W. Roylance, Sommer Nistler Signed by Judge Sam E Haddon on 10/28/2016. (DED, )

VANITA GUPTA
Principal Deputy Assistant Attorney General
Civil Rights Division
SAMEENA S. MAJEED
Chief
TIMOTHY J. MORAN
Deputy Chief
SAMUEL G. HALL
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave, N.W. - G Street
Washington, D.C. 20530
Telephone: [phone]
[e-mail]
MICHAEL W. COTTER
United States Attorney
MEGAN L. DISHONG
Assistant U.S. Attorney
District of Montana
P.O. Box 8329
Missoula, Montana 59807
Telephone: [phone]
[e-mail]

FILED
OCT 2 8 2015
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

UNITED STATES OF AMERICA,
Case No. 6:16-cv-00094

Plaintiff,
v.

CONSENT ORDER
AND JUDGMENT
GABRIEL NISTLER, SOMMER
NISTLER, ROSS W. ROYLANCE,
PATRICIA ROYLANCE, ROYLANCE &
NISTLER PROPERTIES, LLC,
WERNER-NISTLER PROPERTIES, LLC,
DEREK BROWN, AND DEREK
BROWN CONSULTING, INC.,
Defendants.
I.

A.

INTRODUCTION

Background

1.

This action is brought by the United States to enforce Title

VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988 ("Fair Housing Act"), 42 U.S.C. §§ 3601-3631.
2.

This Consent Order is entered into between Plaintiff United

States of America ("Plaintiff') and Defendants Gabriel Nistler; Sommer
Nistler; Ross W. Roylance; Roylance & Nistler Properties, LLC; Patricia
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Roylance; Werner-Nistler Properties, LLC; Derek Brown; and Derek
Brown Consulting, Inc. ("Defendants").
3.

This Consent Order is intended to resolve claims detailed in

the United States' Complaint, alleging that Defendants have unlawfully
discriminated against individuals with disabilities under the FHA by
failing to design and construct the following multi-family dwellings (the
"Subject Properties") with the features of accessible and adaptive design
and construction required by section 804(f) of the FHA, 42 U.S.C. §§
3604(f)(l), (f)(2), and (f)(3)(C):
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1604 Warehouse Ave. located in Helena, Montana;
1608 Warehouse Ave. located in Helena, Montana;
307 South Warren St. located in Helena, Montana;
335 South Warren St. located in Helena, Montana;
801 East Riggs St. located in Helena, Montana;
105 East Lewis St. located in East Helena, Montana;
114 East King St. located in East Helena, Montana;
802 East Main St. (Old Highway 12) located in East Helena,
Montana;
806 East Main St. (Old Highway 12) located in East Helena,
Montana;
900 East Main St. (Old Highway 12) located in East Helena,
Montana;
906 East Main St. (Old Highway 12) located in East Helena,
Montana;
106 East Dudley St. located in East Helena, Montana;
110 East Dudley St. located in East Helena, Montana;
111 East Dudley St. located in East Helena, Montana;
114 East Dudley St. located in East Helena, Montana;
118 East Dudley St. located in East Helena, Montana;
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3752 East Old Highway 12 located in East Helena, Montana;
3760 East Old Highway 12 located in East Helena, Montana;
3768 East Old Highway 12 located in East Helena, Montana;
3774 East Old Highway 12 located in East Helena, Montana;
3782 East Old Highway 12 located in East Helena, Montana;
3790 East Old Highway 12 located in East Helena, Montana;
3802 East Old Highway 12 located in East Helena, Montana;
3810 East Old Highway 12 located in East Helena, Montana;
3818 East Old Highway 12 located in East Helena, Montana;
3826 East Old Highway 12 located in East Helena, Montana;
3836 East Old Highway 12 located in East Helena, Montana;
3838 East Old Highway 12 located in East Helena, Montana;
3791 Beechnut St. located in East Helena, Montana;
1053 Orion Rd. located in East Helena, Montana; and
1125 Orion Rd located in East Helena, Montana.

The Subject Properties were designed and constructed by Defendants.
This Consent Order is not intended to resolve claims regarding the
possible accessibility barriers designed and constructed by Defendants
at any other multifamily properties not identified and addressed herein.
4.

All the Subject Properties are comprised of one two-story,

non-elevator, multifamily property. All but one of the Subject Properties
contain two single-story ground floor rental units and two single-story
upper floor rental units for a total of four units. One property, located at
906 East Main St. in East Helena, Montana, contains four single-story
ground floor rental units, and four single-story upper floor units, for a
total of eight units. The public and common use areas of the Subject
4

Properties include pedestrian walkways, mailboxes, trash bins, and
parking spaces. Thirteen (13) properties also include a detached garage
structure containing individual garage units.
5.

Defendant Gabriel Nistler, together with one or more of the

Defendants identified in Paragraph 1, were the developers, general
contractors and/or builders of the Subject Properties at the time they
were designed and constructed. In addition, Defendant Nistler owned
the following Subject Properties during the time of their design and
construction: 1604 and 1608 Warehouse Ave., Helena, Montana; 307
South Warren St., Helena, Montana; 806 and 900 East Main St. (Old
Highway 12), East Helena, Montana; 110 and 114 East Dudley St., East
Helena, Montana; and 3810 East Old Highway 12, East Helena,
Montana.
6.

Defendant Sommer Nistler owned the Subject Properties at

307 South Warren St., Helena, Montana and 114 East Dudley St., East
Helena, Montana at the time of their design and construction.
7.

Defendant Ross W. Roylance owned the following Subject

Properties at the time of their design and construction: 1604 and 1608
Warehouse Ave., Helena, Montana; 307 South Warren St., Helena,
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Montana; 801 East Riggs St., East Helena, Montana; 806 and 900 East
Main St. (Old Highway 12), East Helena, Montana; 114 East Dudley
St., East Helena, Montana, and 3810 East Old Highway 12, East
Helena, Montana.
8.

Defendant Roylance & Nistler Properties, LLC, owned

and/or developed the following Subject Properties at the time of their
design and construction: 1604 and 1608 Warehouse Ave., Helena,
Montana; 307 and 335 South Warren St., Helena, Montana; 802, 806,
900 and 906 East Main St. (Old Highway 12), East Helena, Montana;
106, 110, 111, 114 and 118 East Dudley St., East Helena, Montana; 105
East Lewis St., East Helena, Montana; 114 East King St., East Helena,
Montana;and3752, 3760, 3768, 3774, 3782, 3790, 3802, 3818, 3826,
3836 and 3838 East Old Highway 12, East Helena, Montana; 3791
Beechnut St., East Helena, Montana; and 906 East Old Highway 12,
East Helena, Montana.
9.

Defendant Patricia Roylance owned the following Subject

Properties at the time of their design and construction: 307 South
Warren St., Helena, Montana; 801 East Riggs St., East Helena,

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Montana; 806 and 900 East Main St. (Old Highway 12), East Helena,
Montana; and 114 East Dudley St., East Helena, Montana.
10.

Defendant Werner-Nistler Properties, LLC, owned the

following Subject Properties at the time of their design and
construction: 1053 and 1125 Orion Dr., East Helena, Montana.
11.

Defendant Derek Brown was responsible for and prepared,

at least in part, the architectural design, site engineering plans, floor
plans and/or construction documents for many of the Subject Properties
including, but not limited to, 1604 and 1608 Warehouse Ave., Helena,
Montana; 307 and 335 South Warren St., Helena, Montana; 802 East
Main St. (Old Highway 12), East Helena, Montana; 906 East Main St.
(Old Highway 12), East Helena, Montana; 106, 110, 111, 114 and 118
East Dudley St., East Helena, Montana; 105 East Lewis St., East
Helena, Montana; and 114 East King St., East Helena, Montana.
12.

Defendant Derek Brown Consulting, Inc. ("Brown

Consulting") is the owner and registered agent for Brown Consulting
and as such used Defendant Brown Consulting for preparing the
architectural design, site engineering plans, floor plans and/or
construction documents for the properties listed above in Paragraph 11.
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B.

Relevant Requirements of the Fair Housing Act

13.

The FHA provides that, for non-elevator residential

buildings with four or more dwelling units, all ground-floor units that
are designed and constructed for first occupancy after March 13, 1991,
are "covered multifamily dwellings" and must include certain basic
features of accessible and adaptive design to make such units accessible
to or adaptable for use by a person who has or develops a disability. 42
U.S.C. §§ 3604(f)(3)(C) and (f)(7)(B).
14.

The accessible and adaptive design provisions of the FHA

require that for covered multifamily dwellings: (i) the public use and
common use portions of such dwellings are readily accessible to and
usable by persons with a disability ("Requirements 1 and 2"); (ii) all the
doors designed to allow passage into and within all premises within
such dwellings are sufficiently wide to allow passage by persons with a
disability using wheelchairs ("Requirement 3"); (iii) all premises within
such dwellings contain the following features of adaptive design: (I) an
accessible route into and through the dwelling ("Requirement 4"); (II)
light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations ("Requirement 5"); (III) reinforcements
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in bathroom walls to allow later installation of grab bars ("Requirement
6"); and (IV) usable kitchens and bathrooms such that an individual
using a wheelchair can maneuver about the space ("Requirement 7"). 42
U.S.C. § 3604(f)(3)(C). These features are collectively referred to herein
as the "Accessible Design Requirements."
15.

For the purposes of this Order, the parties agree that the

Subject Properties were designed and constructed for first occupancy
after March 13, 1991 and contain buildings with four or more
residential apartment units that are "dwellings" as defined by the Fair
Housing Act. 42 U.S.C. § 3602(b). Therefore all of the ground-floor units
in the Subject Properties are "covered multifamily dwellings" within the
meaning of the FHA, 42 U.S.C. § 3604(f)(7)(A) and (B). As such, those
units and the public and common use areas including the accessible
pedestrian routes at the Subject Properties must comply with the
Accessible Design Requirements of 42 U.S.C. § 3604(f)(3)(C).
C.

Subject Property Interiors

16.

For the purposes of this Order, the parties agree that the

interiors of the Subject Properties were designed and constructed using
only four (4) building designs and the interior of each Subject Property
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is representative of the interiors of other Subject Properties designed
and constructed based on the same building design. The Parties also
agree that for the proposes of this Order these four building designs will
be referred to as Type One, Type Two, Type Three, and Type Four
designs. Eight (8) of the Subject Properties were designed and
constructed based on the Type One design. Fifteen (15) of the Subject
Properties were designed constructed based on the Type Two design.
Four (4) Subject Properties were based on the Type Three design. And
four (4) Subject Properties were based on the Type Four design.
1.

Type One Subject Properties

17.

The interiors of the following eight (8) Subject Properties

were designed and constructed using the Type One design: 307 South
Warren St., 335 South Warren St., 802 Old Highway 12, 906 Old
Highway 12, 106 East Dudley, 110 East Dudley, 114 East Dudley, and
118 East Dudley (hereinafter the "Type One Subject Properties").
18.

The United States surveyed the interior of the following

Type One Subject Properties: 307 South Warren St., 335 South Warren
St., and 906 East Main St. In its surveys, the United States identified
specific features within the interior of the Type One Subject Properties
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that it alleges fail to meet the Accessible Design Requirements of the
FHA. Those features include noncompliant thresholds at the unit
entrances; temperature controls on the baseboard heater that are less
than 15 inches above the floor; electrical outlets that are less than 15
inches above the floor in the living space; kitchen outlets that are
greater than 46 inches above the floor, less than 36 inches from the
counter corner, and/or less than 10.5 inches from the side obstruction;
and a refrigerator that intrudes into the clear floor space of the kitchen
range.

ii.

Type Two Subject Properties

19.

The interiors of the following fifteen (15) Subject Properties

were designed and constructed using the Type Two design: 1604
Warehouse, 1608 Warehouse, 111 East Dudley, 105 East Lewis, 114
East King, 3768 East Old Highway 12, 3774 East Old Highway 12, 3782
East Old Highway 12, 3790 East Old Highway 12, 3802 East Old
Highway 12, 3810 East Old Highway 12, 3818 East Old Highway 12,
3826 East Old Highway 12, 3836 East Old Highway 12, and 3838 East
Old Highway 12 (hereinafter the "Type Two Subject Properties").

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20.

The United States surveyed the interior of the following

Type Two Subject Properties: 1608 Warehouse Ave. and 3836 East Old
Highway 12. In its surveys, the United States identified specific
features within the interior of the Type Two Subject Properties that it
alleges fail to meet the Accessible Design Requirements of the FHA.
Those features include noncompliant thresholds at the unit entrances;
abrupt level changes at the rear patios in excess of 4 inches on the
exterior side and % inches with no beveling on the interior side; closet
doors that are too narrow; more than 18 inches between the wall and
the toilet's centerline; inadequate clear floor space at the toilet; a Ushaped kitchen that contains less than 60 inches of clearance between
opposing countertops; interior thresholds at the patio doors that are
greater than % inches high with no beveling; and patio doors that are
narrower than 31 and 5/8 inches.

iii.

Type Three Subject Properties

21.

The interiors of the following four (4) Subject Properties

were designed and constructed using the Type Three design: 801 East
Riggs, 3752 East Old Highway 12, 3760 East Old Highway 12, and 3791
Beechnut St. (hereinafter the "Type Three Subject Properties").
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22.

The United States surveyed the interior of the following

Type Three Subject Properties: 3752 East Old Highway 12. In its
survey, the United States identified specific features within the interior
of the Type Three Subject Properties that it alleges fail to meet the
Accessible Design Requirements of the FHA. Those features include
noncompliant thresholds at the unit entrance; noncompliant closet
space; more than 18 inches between the wall and the toilet's centerline;
kitchen outlets that are less than 12 inches away from the side
obstruction; interior thresholds at the patio doors that are greater than
% inches high with no beveling; exterior thresholds at the patio doors

that are greater than 4 inches high; and patio doors that are narrower
than 31 and 5/8 inches.
iv.

Type Four Subject Properties

23.

The interiors of the following four (4) Subject Properties

were designed and constructed using the Type Four design: 806 Old
Highway 12, 900 Old Highway 12, 1053 Quail Drive, and 1125 Orion
Drive (hereinafter the "Type Four Subject Properties").
24.

The United States surveyed the interior of the following

Type Four Subject Properties: 806 Old Highway 12 and 1125 Orion Dr.
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In its survey, the United States identified specific features within the
interior of the Type Four Subject Properties that it alleges fail to meet
the Accessible Design Requirements of the FHA. Those features include
noncompliant thresholds at the unit entrances; doors to the bedroom
and bathroom that lack a nominal clear opening width of 32 inches;
temperature controls on the baseboard heater that are less than 15
inches above the floor; outlets in the bathroom and kitchen that are
higher than 46 inches off the ground; outlets in the kitchen that are less
36 inches from the counter corner and/or more than 12 inches from the
side obstruction; bathrooms that are not useable due to insufficient
maneuvering space; thresholds at the patio door that are greater than
% inch and not beveled; and patio doors that are narrower than 31 and

5/8 inches.

D.

Subject Property Exteriors
25.

The United States surveyed the exteriors of all thirty one

(31) Subject Properties. In its survey, the United States identified
specific features that it alleges fail to meet the Accessible Design
Requirements of the FHA. Those features include, but are not limited
to, noncompliant pedestrian routes to the entrances of ground floor
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units, to the garage units, to mailboxes, to storage units, and to trash
receptacles; an abrupt level change at the unit entrance greater than '4
inch; a lack of an accessible garage unit and accessible parking; no
overhead stairway protection or cain detection near entrances to
covered units; and/or knob-style hardware at primary entry doors to the
ground floor units rather than lever-style hardware. See Appendices EJJ.

E.

Consent of the Parties to Entry of this Order
26.

The parties agree that this Court has jurisdiction over the

subject matter of this case pursuant to 28 U.S.C. §§ 1331and1345, and
42 U.S.C. § 3614(a). The parties further agree that this controversy
should be resolved without further proceedings and without an
evidentiary hearing or a trial.
27.

As indicated by the signatures appearing below, the parties

agree to the entry of this Consent Order.

It is hereby ORDERED, ADJUDGED, and DECREED:

II.
28.

GENERAL INJUNCTION

Defendants and each of their officers, employees, agents,

successors and assigns, and all other persons in active concert or
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participation with them are enjoined from discriminating on the basis of
disability as prohibited by the FHA, 42 U.S.C. §§ 3604(f)(l)-(3).
29.

Defendants and each of their officers, employees, agents,

successors and assigns, and all other persons in active concert or
participation with them are enjoined from interfering or preventing the
retrofitting ordered herein or the implementation or completion of this
Consent Order. Defendants do not currently own or operate any of the
Subject Properties. Defendants will make good faith efforts to secure
access to the public and common use areas and unit interiors of the
Subject Properties for the purpose of planning, evaluating, and
performing any action required under this Order to retrofit elements in
the public and common use areas and the unit interiors as required
herein. If an owner of a Subject Property refuses to allow Defendants
access to a Subject Property, or to allow Defendants to make retrofits,
the United States may seek an order from the Court requiring the
owner to allow such access or adding the owners as Necessary or
Indispensable Parties under Rule 19 of the Federal Rule of Civil
Procedure. Defendants agree to fully cooperate with the United States
in this process.
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III. CORRECTIVE ACTIONS/RETROFITS
30.

The United States, as set forth herein and in its Complaint,

alleges that the Subject Properties do not meet the accessibility
requirements of the FHA, or the Fair Housing Accessibility Guidelines
("FHA Guidelines") (56 Fed. Reg. 9472 et seq. (1991)). To address the
United States' allegations, Defendants shall complete the actions and
retrofits described in this section (Section III) and in Appendices A - JJ,
and in accordance with the Interior and Exterior Retrofit Inspection
Protocols separately agreed to by the United States and Defendants.

A. Retrofits to Accessible Routes and Retrofits to the Public
and Common Use Areas
31.

As soon as reasonably possible, but by no later than thirty-

six (36) months from the entry of this Order, Defendants will complete
retrofits to accessible routes and to the public and common use areas
listed in Appendices E-JJ and the Exterior Inspection Protocol to bring
the accessible routes and the public and common use areas into
compliance with the FHA and the FHA Guidelines.
32.

Within ninety (90) days from the date of the entry of this

Order, Defendants will provide a notice that is substantially equivalent
to Appendix KK to all residents at the Subject Properties. Defendants
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shall certify to the United States in writing that the notices have been
distributed and the manner in which they were distributed within ten
(10) days after such distribution. Defendants may combine this notice
with the notice detailed in Paragraph 34.

B. Retrofits to Covered Multifamily Dwelling Unit Interiors
33.

As soon as reasonably possible, but by no later than thirty-

six (36) months from the entry of this Order, Defendants shall complete
the retrofits set forth in Appendices A - D and in the Interior Retrofit
Inspection Protocol separately agreed to by the United States and
Defendants, to the interiors of the ground floor units of the Subject
Properties to bring unit interiors into compliance with the FHA and the
FHA Guidelines. Retrofits required by this paragraph shall be
performed to the extent possible between tenancies, unless a current
tenant requests a particular retrofit to be completed while they are a
tenant. If, 24 months after the date of entry of this Order the retrofit for
any unit has not been completed, then the United States and
Defendants shall meet and in good faith determine a plan to complete
the retrofit within the 36 month period.

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34.

Within ninety (90) days from the date of the entry of this

Order, Defendants will provide a notice that is substantially equivalent
to Appendix LL to residents in the ground floor units of the Subject
Properties. The notice will inform residents that (1) the United States
alleges that the unit interiors do not meet the requirements of the FHA
and the FHA Guidelines, and that to settle this lawsuit, Defendants
have agreed to perform certain retrofits to public and common use
areas; (2) the resident can schedule the retrofits; (3) the retrofits will be
performed at no cost to the resident; and (4) a payment equivalent to
the U.S. General Services Administration rate will be provided to the
resident for temporary relocation expenses incurred by the tenant, as
required by Section VIII(D) of this Order, infra. Defendants shall certify
to the United States in writing that the notices have been distributed
and the manner in which they were distributed within ten (10) days
after such distribution.
C. Construction of New Property in Helena

35.

By September 30, 2019, Defendants shall take all actions to

complete the construction of 16 new units (the "New Units") in Helena
and/or East Helena, MT. As used herein "Unit" means a single ground
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floor apartment. Defendants shall make the construction of the New
Units fully compliant with ANSI 117.1 (2003), the Fair Housing
Accessibility Guidelines of the Fair Housing Act ("FHAG"), the
Americans with Disabilities Act, the Americans with Disabilities Act
Accessibility Standards, and with the additional requirements set forth
below:
(a) The New Units shall have accessible pedestrian routes to all
site amenities and to the public street.
(d) The New Units' interiors shall be constructed to conform with
ANSI 117.1, §§ 1003.1 - 1003.14 (2003) Type A units or an
equivalent standard approved by the United States.
(c) All common use areas at the New Units shall be constructed in
conformance with ANSI 117.1 (2003) or an equivalent standard
approved by the United States.
(d) Two of the sixteen New Units shall have a bathroom with a
roll-in shower that is compliant with requirements for an ANSI
117.1, §§ 1003.1- 1003.14 (2003) Type A unit.
(e) Each New Unit will have an accessible garage, with a
minimum 14'-2" width and a 10'-wide door. FHAG Req. 2; FHAG
Supplemental Q&A 14(c).
36.

During the term of this Order, upon reasonable notice, the

United States will be permitted full access to the New Units to inspect
for compliance with the FHA, the FHAG, the ADA, the ADA Standards,
ANSI 117.1 (2003), and the additional accessibility features required by
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this Order, and it shall also be permitted full access to all construction
drawings for the New Units.
37.

By December 30, 2019, Defendants shall provide a

certification from a neutral firm not associated with the design or
construction of the New Units and approved by the United States that
the New Units are fully compliant with ANSI 117.1 (2003), FHA, the
FHAG, the ADA, the ADA Standards, and the additional accessibility
features required by this Order. Defendants shall bear all costs
associated with providing such inspection(s) and certifications.
38.

Except as provided in this paragraph, if Defendants' fail to

comply with Paragraphs 35-37 they shall take the outlined actions in
Appendix RR. If the Defendants only partially comply with the
requirements of Paragraphs 35-37, Defendants shall cover the
difference in the number of New Units built and the number of New
Units required by Paragraph 35 (16 units) by taking the actions
detailed in Appendix RR for an equal number of units, chosen by the
Defendants from the properties detailed in Appendix RR. Those actions
must include both the interior and exterior retrofits associated with the
given unit(s) and must be completed within 24-months of the date of
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noncompliance with the requirements of Paragraphs 35-37. If the
causes for the failure to comply were not within the control of
Defendants, or the events leading to the failure to comply could not be
foreseen the United States agrees that it will meet and in good faith
discuss other remedies for the failure, including an extension of time for
compliance; however, if no agreement can be reached then this
provision shall apply.

D. INCONVENIENCE AND OVERNIGHT STAYS FOR
RETROFITTING UNIT INTERIORS
39.

Defendants will endeavor to minimize inconvenience to

residents in scheduling and performing retrofits required by this
Consent Order at the Subject Properties.
40.

Defendants will pay any resident of a unit scheduled to

undergo a retrofit who will be dislocated from the unit for more than
twenty-four (24) hours the applicable government per diem rate for food
and lodging for the local area (as available at www.gsa.gov - click on
"per diem rates" under travel) for each day of undue inconvenience or
hardship for the resident(s). Such payment will be made prior to the
commencement of any retrofit work on the resident's unit, so that the

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resident or homeowner can use the money to obtain alternative living
accommodations and food while dislocated.

E. Neutral Inspector
41.

Defendants shall enter into a contract with a qualified,

neutral inspector approved by the Plaintiff to conduct on-site
inspections of the retrofits that have been performed to determine if
they have been completed in accord with specifications set forth in
Appendices A-JJ, as well as the Interior and Exterior Retrofit
Inspection Protocols, separately agreed to by both Parties. The
inspection shall take place within 30 days of the completion of all of the
retrofits to units and common use areas, or as soon thereafter as
practicable. Defendants shall give the Plaintiff at least three weeks'
notice of the inspection in order to give Plaintiff an opportunity to have,
at their own expense, their representatives present for the inspection.
42.

The inspector shall set out the results of the inspection,

including deficits if any, in writing and shall send that report to the
Plaintiff and Defendants. If the inspection indicates that not all of the
required retrofits have been made as specified in Appendices A-JJ, as
well as the Interior and Exterior Retrofit Inspection Protocols,
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Defendants shall correct any deficiencies within a reasonable period of
time as determined by the inspector, and shall pay for another
inspection by the same inspector to certify the deficiencies have been
corrected. This process shall continue until the inspector certifies that
all of the necessary modifications have been made. Defendants shall
pay all of the inspector's costs associated with these inspections, and
such payment shall be made without regard to the inspector's findings.
The parties agree that the inspector's conclusions with respect to the
retrofits will be binding on all parties, and that no further work of any
kind will be required with respect to any retrofit certified by the
inspector as having been completed. Upon reasonable notice to
Defendants, Plaintiff representatives shall be permitted to inspect the
modifications made by Defendants in accordance with Appendices A-JJ,
as well as the Interior and Exterior Retrofit Inspection Protocols, or the
inspection report of the inspector to ensure compliance; provided,
however, that the Plaintiff shall endeavor to minimize any
inconvenience caused by such inspections.

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IV. TRANSFER OF INTEREST IN PROPERTIES
43.

The sale or transfer of ownership, in whole or in part, of the

Subject Properties during the term of this Consent Order shall not
affect Defendants' continuing obligations to retrofit the properties as
specified in this Consent Order.

VI. NON-DISCRIMINATION IN FUTURE DESIGN
AND CONSTRUCTION
44.

To the extent Defendants participate in the design or

construction of covered multifamily dwellings in the future, Defendants
shall design and construct such dwellings in accordance with the
accessibility requirements set forth in 42 U.S.C. § 3604(f)(3)(C)(i)-(iii).
Defendants shall not seek any approval, waiver or variance from a
permitting authority to design or construct a covered multifamily
dwelling without one or more of the accessibility features required by 42
U.S.C. §3604(f)(3)(C)(i)-(iii).
45.

For a period of five (5) years after the entry of this Order,

Defendants Gabriel Nistler, Sommer Nistler, Ross W. Roylance,
Roylance & Nistler Properties, LLC, Patricia Roylance, and WernerNistler Properties, LLC shall maintain, and provide to the Plaintiff, the
following information and statements regarding any other covered
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multifamily dwellings intended to be purchased, developed, built,
designed, and/or engineered in whole or in part, by any of them or by
any entities in which they have a position of control as an officer,
director, member, or manager, or have a ten-percent (10%) or larger
ownership share, provided, however, that such information and
statements need to be maintained and/or provided only on projects in
which any of them is actually involved, not on those projects in which
any of them bids or expresses an interest, but does not become finally
involved:
(a)

the name and address of the project;

(b)

a description of the project and the individual units;

(c) the name, address, and telephone number of the civil
engineer(s) involved with the project, if any;
(d) a statement from the civil engineer(s) involved with the
project acknowledging that he/she has reviewed the
engineering documents for the project and that, to the best
of his/her knowledge, the design specifications therein fully
comply with the accessibility requirements of the Fair
Housing Act;
(e) the name, address and telephone number of the
architect(s) involved with the project, if any;
a statement from all architect(s) involved with the
project, if any, acknowledging that he/she has reviewed the
architectural plans for the project and that, to the best of
(f)

26

his/her knowledge, the design specifications therein fully
comply with the accessibility requirements of the Fair
Housing Act; and
(g) if the engineering documents or architectural plans are
revised, and the revisions could have any impact on the
accessibility of the dwellings or project, each of the
Defendants listed above in this paragraph shall obtain,
maintain, and provide to the United States upon request, a
statement from the site engineer(s) or architect(s), who are
employed or retained by any Defendant and are involved
with the project, as applicable, that all specifications in the
revised engineering documents or architectural plans, as
pertinent, comply with the requirements of the Fair
Housing Act.
46.

For a period of five (5) years after the entry of this Order,

Defendants Derek Brown and Derek Brown Consulting, Inc. shall
maintain, and provide to the United States, the following information
and statements regarding any other covered multifamily dwellings
intended to be purchased, developed, built, designed, and/or engineered
in whole or in part, by any of them or by any entities in which they have
a position of control as an officer, director, member, or manager, or have
a ten-percent (10%) or larger ownership share, provided, however, that
such information and statements need to be maintained and/or provided
only on projects in which any of them is actually involved, not on those

27

projects in which any of them bids or expresses an interest, but does not
become finally involved:
(a)

the name and address of the project;

(b)

a description of the project and the individual units;

(c) a statement acknowledging that they have reviewed
the plans they have prepared for the project and that the
design specifications therein fully comply with the
accessibility requirements of the Fair Housing Act; and
(d) if the plans are revised, and the revisions could have
any impact on the accessibility of the dwellings or project,
the Defendants listed above in this paragraph will obtain,
maintain, and provide to the United States upon request, a
statement that all specifications in the revised plans, as
pertinent, comply with the requirement of the Fair Housing
Act.

VII. EDUCATIONAL PROGRAM
47.

Within thirty (30) days of the entry of this Order, each

Defendant shall provide a copy of this Order or a statement concerning
FHA compliance ("Compliance Statement"), a copy of which is attached
as Appendix MM, to all his or her employees and agents who have
management authority over the design, construction, rental or sale of
covered multifamily dwellings, if any. A signed acknowledgment from
each such agent or employee stating that he or she has received and
read the Order or Compliance Statement, and has had an opportunity
28

to have questions about the Order or Compliance Statement answered
must be secured by Defendants. This acknowledgment shall be
substantially similar to the form of Appendix NN.
48.

Within thirty (30) days after the date he or she commences

an agency or employment relationship with a Defendant, each new
employee or agent who has management authority over the design
and/or construction of multifamily dwellings of the type at issue in this
case will be given a copy of this Order or Compliance Statement and be
required to sign the acknowledgment that he or she has received and
read the Order or Compliance Statement, and has had an opportunity
to have questions about the Order or Compliance Statement answered.
This acknowledgment shall be substantially similar to the form of
Appendix NN.
49.

Defendants shall also obtain and provide their employees

and agents who have management authority over the design and/or
construction of covered multifamily dwellings with a copy of, the Fair
Housing Accessibility Guidelines, 56 Fed. Reg. 9472 (1991) and the
United States Department of Housing and Urban Development, Fair
Housing Act Design Manual, A Manual to Assist Builders in Meeting
29

the Accessibility Requirements of the Fair Housing Act, (August 1996,
Rev. April 1998) ("the FHA Design Manual") and shall instruct such
employees and agents to review the FHA Design Manual and refer to it
in connection with the design and construction of any covered
multifamily dwelling being designed and built. Defendants shall obtain
and provide to all employees and agents whose duties, in whole or in
part, involve the management, sale and/or rental of multifamily
dwellings at issue in this case copies of the Joint Statements of the
Department of Housing and Urban Development and the Department of
Justice regarding "Reasonable Accommodations under the Fair Housing
Act" (issued May 14, 2004) and "Reasonable Modifications Under the
Fair Housing Act" (issued March 5, 2008) and shall instruct them to
read and, as necessary, refer to the Joint Statements.
50.

Within sixty (60) days of the entry of this Consent Order,

and only if they have not done so by the date of the entry of this
Consent Order, Defendants and all employees and agents whose duties,
in whole or in part, involve or will involve management authority over
the development, design and/or construction of multifamily dwellings of
the type at issue in this case shall undergo training on the design and
30

construction requirements of the FHA. 1 The training shall be conducted
by a qualified individual who has been previously approved by counsel
for the United States, and any expenses associated with this training
shall be borne by Defendants. Defendants shall provide to the United
States, within thirty (30) days after the training, the name(s),
address(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 all Defendants and covered employees and
agents confirming their attendance, in a form substantially equivalent
to Appendix 00.

VIII. MONETARY DAMAGES
51.

Within sixty (60) days after the date of this Consent Order,

Defendants shall deposit in an interest-bearing account the total sum of
TWENTY THOUSAND DOLLARS ($20,000.00) for the purpose of
compensating any aggrieved persons who may have suffered as a result
of the alleged discriminatory housing practices by Defendants. This

1

The educational program provided to employees not engaged in design,
construction or maintenance, such as sales and rental employees, may focus on the
portions of the law that relate generally to accessibility requirements as opposed to
technical design and construction requirements.

31

money shall be referred to as the "Settlement Fund," and shall be for
the purpose of compensating any aggrieved persons who may have
suffered as a result of the alleged discriminatory housing practices by
Defendants.
52.

Within sixty (60) days of the entry of this Order, Defendants

shall publish the Notice to Potential Aggrieved Persons ("Notice") at
Appendix PP informing readers of the availability of compensatory
funds. The Notice shall be no smaller than three columns by six inches
and shall be published in the Helena Independent Record. Within 10
days of the publication date, Defendants shall provide a copy of the
newspaper containing the Notice to counsel for the United States.
53.

Within sixty (60) days of the entry of this Order, Defendants

shall send a copy of the Notice to Montana Fair Housing, Inc., 501 East
Front Street, Suite 504, Butte, Montana 59701.
54.

Allegedly aggrieved persons shall have twelve (12) months

from the date of the entry of this Order to contact the United States.
The United States shall investigate the claims of allegedly aggrieved
persons and, within eighteen (18) months from the entry of this Order,
shall make a preliminary determination of which persons are aggrieved
32

and whether any amount of damages should be paid to each such
person. The preliminary determinations of the appropriate amount of
damages shall total no more than TWENTY THOUSAND DOLLARS
($20,000.00) and shall not include any interest that has accrued in the
account. The United States will inform Defendants, in writing, of its
preliminary determinations, together with a copy of a sworn declaration
from each allegedly aggrieved person setting forth the factual basis of
the claim. Defendants shall have ninety days to review the declarations
and provide to the United States any comments, documents or
information that they believe may refute the claim.
55.

Not later than ninety (90) days after receiving the

comments, documents and information from Defendants, the United
States shall submit its final recommendations to the Court for approval,
together with a copy of the declarations and any additional information
submitted by Defendants. The final recommendations by the United
States shall not total more than TWENTY THOUSAND DOLLARS
($20,000.00), and shall not include any interest that has accrued in the
account. When the Court issues an order approving or changing the
United States' proposed distribution of funds for allegedly aggrieved
33

persons, Defendants, within ten (10) days of the Court's order, shall
deliver to the United States checks payable to the allegedly aggrieved
persons in the amounts approved by the Court, plus a proportionate
share of the interest that has accrued in the Settlement Fund as of the
day before the checks are sent to the United States. In no event shall
the aggregate of all such checks exceed the sum of the Settlement Fund,
including accrued interest. No allegedly aggrieved person shall be paid
until he/she has executed and delivered to counsel for the United States
the release at Appendix QQ.
56.

Defendants shall permit the United States, upon reasonable

notice, to review any records that may reasonably facilitate its
determinations regarding the claims of alleged aggrieved persons.
57.

Nothing in this Consent Order shall preclude the United

States from making its own efforts to locate and provide notice to
potential aggrieved persons.
58.

After the satisfaction of Paragraphs 51-56, above, and the

expiration of the corresponding time periods, any money remaining in
the Settlement Fund, including interest, shall be distributed to a
qualified organization(s) for the purpose of conducting enforcement or
34

educational activities related to the Fair Housing Act in Montana,
including education concerning the obligations of the Fair Housing Act
for owners and developers of multi-family housing, with an emphasis on
the protection of the rights of persons of with disabilities. Before
selecting the qualified organization(s), Defendants will obtain a
proposal from the organization(s) on how the funds will be used
consistent with the above-stated purpose, submit such proposal to the
United States, and consult with and obtain the non-objection of the
United States. The United States and Defendants may request
modification of the proposal before approving the organization(s). The
parties shall thereafter seek approval from the Court to distribute the
remaining funds to the qualified organization(s).
59.

Defendants shall also require that the qualified

organization(s) receiving funds submit to Defendants and the United
States a detailed report on how the funds are utilized within one year of
receipt of funds, and every year thereafter until the funds are
exhausted.

35

IX. NOTICE OF DEFENDANTS' NON-DISCRIMINATION
POLICY
60.

Within ten (10) days of entry of this Consent Order, the

Defendants shall post and prominently display in their places of
business a poster no smaller than 10 by 14 inches indicating that all
dwellings are available for rental on a nondiscriminatory basis. A poster
that comports with 24 C.F.R. Part 110 will satisfy this requirement.

61.

All advertising in newspapers and all pamphlets, brochures

and other promotional literature regarding the Subject Properties or
any new complexes that Defendants may develop or construct, shall
contain, in a conspicuous location, a statement that the dwelling units
comply with the accessibility requirements of the federal Fair Housing
Act.

XI. ADDITIONAL MONITORING REQUIREMENTS
62.

Within ninety (90) days of the entry of this Consent Order,

Defendants shall submit to the Plaintiff an initial report containing (a)
the signed certifications of attendance for persons who have completed
the education program specified in Paragraph 50; and (b) confirmation
that Defendants Gabriel Nistler, Sommer Nistler, Ross W. Roylance,
36

Roylance & Nistler Properties, LLC, Patricia Roylance, and WernerNistler Properties, LLC have displayed the poster described in
Paragraph 60.
63.

Thereafter, for a period of five (5) years after the date of this

Consent Order, Defendants shall, on or before the anniversary of this
Consent Order, submit to the United States a report containing: (a) the
signed acknowledgments of new employees involved in the design
and/or construction of covered multifamily dwellings verifying that, in
accordance with Paragraph 48, they have received and read this
Consent Order and had an opportunity to have questions about the
Order or Compliance Statement answered; and (b) the information
referred to in Paragraphs 45 and 46 regarding other covered
multifamily dwellings intended to be purchased, developed, built,
designed, and/or engineered by Defendants. The final report required
by this paragraph shall be submitted sixty (60) days prior to the
expiration of this Order.
64.

Defendants shall advise the United States in writing within

fifteen (15) days of receipt of any new written or verbal complaints
against them and, if known their employees or agents, regarding
37

alleged disability discrimination in housing under the FHA. Defendants
shall also promptly provide the United States all non-privileged
information it may request concerning any such complaint. Within
fifteen (15) days of the resolution of any such complaints, Defendants
shall advise the United States, in writing, of such resolution.
65.

Defendants are required to preserve all non-privileged

records related to this Consent Order regarding the Subject Properties
and all future covered multifamily dwellings to be designed and
constructed by them for a period of five (5) years after the entry of this
Consent Order. Within that time, and upon reasonable notice to
Defendants, representatives of the United States may be permitted to
inspect and copy any non-confidential records related to the design and
construction of covered multi-family dwellings or inspect future covered
multifamily dwellings designed and constructed by them, provided,
however, that the United States shall endeavor to minimize any
inconvenience to Defendants and Defendants' tenants from such
inspections.

38

XII. DURATION AND SCOPE OF CONSENT ORDER AND
TERMINATION OF LEGAL ACTION
66.

This Consent Order shall remain in effect for five (5) years

after the date of its entry. By consenting to entry of this Order, the
parties agree that in the event that a Defendant engages in any future
conduct occurring after entry of this Order that leads to a determination
of a violation of the Fair Housing Act, such conduct shall constitute a
"subsequent violation" pursuant to 42 U.S.C. § 3614(d)(l)(C)(ii).
67.

This case is dismissed with prejudice except that the Court

shall retain jurisdiction to enforce the terms of the Order. Upon good
cause shown, the Plaintiff may move the Court to extend the term of
this Order in the interests of justice.
68.

The Parties agree that this Consent Order applies only to

the Subject Properties and, as specified, to the Defendants' current and
future design and construction (see Section VI). The Parties agree that
this Consent Order does not release the Defendants from any claims
that the United States may have concerning any other covered
multifamily dwellings not identified and addressed herein.
69.

The parties shall endeavor, in good faith, to resolve

informally any differences regarding interpretation of and compliance
39

with this Order prior to bringing such matters to the Court for
resolution. However, in the event of a failure by a party to perform, in a
timely manner, any act required by this Order or otherwise for their
failure to act in conformance with any provision, any party 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 which may have been
occasioned by the violation or by the failure to perform.

XIII. TIME FOR PERFORMANCE
70.

Any time limits for performance imposed by this Consent

Order may be extended by the mutual written agreement of the
Plaintiff and the relevant Defendant or Defendants.

XIV. DUPLICATION OF REQUIREMENTS
71.

The Parties agree that any requirements that are set out in

this Order shall be deemed completed for an individual Defendant if
that Defendant has already met the same requirement pursuant to the
Court's Consent Order in the United States v Gabriel Nistler et al., 6:13cv-00053 (D. Mont.), filed on October 7, 2014.
40

XV. COSTS OF LITIGATION
72.

The United States and Defendants will bear their own costs

and attorney's fees associated with this litigation.

XVI. TERMINATION OF LITIGATION HOLD
73.

The parties agree that, as of the date of the entry of this

Consent Order, litigation is not "reasonably foreseeable" concerning the
matters described above or in the Complaint and Complaint in
Intervention. To the extent that any party previously implemented a
litigation hold to preserve documents, electronically stored information
(ESI), or things related to the matters described above, the party is no
longer required to maintain such litigation hold. Nothing in this
paragraph relieves any party of any other obligations imposed by this
Consent Order.

SO ORDERED this

'2016.

N ED STATES DISTRICT COU T
JUDGE

41

The undersigned apply for and consent to the entry of this Consent
Order:
FOR PLAINTIFF UNITED STATES:
VANITA GUPTA
Principal Deputy Assistant Attorney
General
Civil Rights Division
SAMEENA S. MAJEED
Chief
s/ Samuel G. Hall
TIMOTHY J. MORAN
Deputy Chief
SAMUEL G. HALL
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave, N.W. - G Street
Washington, D.C. 20530
Telephone: [phone]
[e-mail]
s/ Megan L. Dishong
MICHAEL W. COTTER
United States Attorney
MEGAN L. DISHONG
Assistant U.S. Attorney
District of Montana
42

P.O. Box 8329
Missoula, Montana 59807
Telephone: [phone]
[e-mail]

FOR DEFENDANTS:
sf Brian K. Gallik

BRIAN K. GALLIK
Attorney at Law 421 West Mendenhall
PO Box 70
Bozeman, Montana 59771
[phone]
[e-mail]
ATTORNEY FOR GABRIEL NISTLER,
SOMMER NISTLER, ROYLANCE &
NISTLER PROPERTIES, LLC, and
WERNER-NISTLER PROPERTIES, LLC

43

Dltl'INDANT8:

.~ g. (. &*

Gabriel Nltdflr

r

Roylance 6 Nt.dttt Propertiea.

LLC

~&JA..l
By: Gabriel Ni8Utr
It.:Maaaaer

Jr. Dltek• Bi a;a :. ;
t&a: Pr1 1ich I ,

WtrnffoNiatlef Paopert.iH, LLC

a;;~

~

,.- '' i<

J

t• - .

Ross W. Roylance

Sommer Nistler

Roylance & Nistler Properties,

LLC

Derek Brown
Derek Brown Consulting, Inc.

By: Gabriel Nistler
Its: Manager

IL

By: Derek Brown
Its: President

APPENDIX A· NISTLER ET AL Unit Interior Retrofits for Type One Subject Properties - 307 South Warren St., 335 South Warren St., 802 Old Highway 12, 906
Old Highway 12, 106 East Dudley, 110 East Dudley, 114 East Dudley, and 118 East Dudley
References in the citations are as follows:
FHAG - Fair Housing Accessibility Guidelines
FHADM - Fair Housing Act Design Manual
ANSI -ANSI A117.1-1986

ADA Standards - 1994 ADA Standards
Interior Retrofits Required in Ground Floor Units at:
802 Old Highway 12, East Helena, MT
906 Old Highway 12, East Helena, MT
106 East Dudley, East Helena, MT
110 East Dudley, East Helena, MT
114 East Dudley, East Helena, MT
118 East Dudley, East Helena, MT
The retrofits described below will be made to the following properties in accordance with the terms of the Consent Order jf Defendants do not comply with
requirements of Paragraphs 35·37 of the Consent Order:
307 South Warren St., Helena, MT
335 South Warren St., Helena, MT

Unit Type· 2BR + 18A (Inspected ground floor units at 307 South Warren St., Helena, MT; 335 South Warren St., Helena, MT; and 906
Old Highway 12, East Helena, MT.)
Requirements of
the Guidelines

Violation

Retrofits (for all units with the same type of violation)

FHAG Req. #2

The entrance door at all inspected properties has knob
hardware instead of lever hardware [ANSI 4.13.9]

Install lever hardware at all covered ground floor units [ANSI 4.13.9]

FHAG Req. #2

Abrupt level change at the unit entrance measured 11/4",
rather than a maximum 1/4" or 1/2" with a bevel 1:2

See retrofit for the exterior side of the threshold, below

The interior side of the threshold at the unit entry door
measured 11/4" without a bevel at 307 South Warren St.; 1
3/8" without a bevel at 335 South Warren St.; and
7/8" without a bevel at 906 Old Highway 12, rather than the
maximum of 3/4" with a bevel

Replace or adjust threshold of unit primary entrance door to make
threshold flush; or X" high maximum; or%" max with 1:2 bevel on the
interior side

FHAG, Req.
#4

FHAG, Req.
#4

The exterior side of the threshold at the unit entry door
measured 1/2" without a bevel at 307 South Warren St. and
3/4" without a bevel at 906 Old Highway 12, rather than the
maximum of 3/4" with a bevel

FHAG Req. #5

The controls on baseboard heaters measured 4" above the
finished floor at both 307 South Warren St. and 906 Old
Highway 12, rather than a minimum of 15" and a maximum of
28" above the finished floor

FHAG Req. #5

The electrical outlets measured 12 3/4" to 13 1/2" above the
finished floor throughout 307 South Warren St. and 13 1/2"
above the finished floor throughout 906 Old Highway 12, rather
than the minimum of 15" above the finished floor

FHAG Req. #7,
Guideline (l)(a)

The centerline of the range in the kitchen measured 17" from
refrigerator at 307 South Warren St., rather than the minimum
of 24"

Replace or adjust threshold of unit primary entrance door to make
threshold flush; or X" high maximum; or lX" maximum with 1:2 bevel on
the exterior side

See Interior Retrofit Inspection Protocol, Location of Temperature
Gauges and Control

See Interior Retrofit Inspection Protocol, Location of Temperature
Gauges and Control

Slide the fridge over to create approximately 6" of additional space.
Offer to provide the tenant, at the Defendants' option, either filler for
cabinets and countertop on request to be installed by Defendants at
their expense or a refrigerator with less depth (so it is flush with the face
of the range} to be installed by Defendants at their expense

FHAG, Req. #5

Two outlets in the kitchen measured 17" and 21", respectively,
from the corner at 335 South Warren St., and 1 kitchen outlet
measured 10 1/2" from the corner at 906 Old Highway 12,
rather than the minimum of 36" from the corner, and 12" from
the side obsruction

Move at least one kitchen outlet per wall to 46" maximum above the
finished floor, 36" minimum from the corner, and 12" minimum to the
side obstruction measured to the centerline of the outlets [FHDM p. 5.8]

FHAG, Req. #6

By visual inspection alone, there is no way to confirm the
presence of reinforcing in the walls of units surveyed in the
complex

Provide a declaration confirming the presence of reinforcing in the walls
or, if reinforcing was not installed, provide wing-its and grab bars upon
request

APPENDIX 8 - NISTLER ET AL Unit Interior Retrofits for Type Two Subject Properties-· 1604 Warehouse, 1608 Warehouse, 111 East Dudley, 105 East Lewis, 114
East King, 3768 East Old Highway 12, 3n4 East Old Highway 12, 3782 East Old Highway 12, 3790 East Old Highway 12, 3802 East Old Highway 12, 3810 East Old
Highway 12, 3818 East Old Highway 12, 3826 East Old Highway 12, 3836 East Old Highway 12, and 3838 East Old Highway 12
References in the citations are as follows:
FHAG - Fair Housing Accessibility Guidelines
FHADM - Fair Housing Act Design Manual
ANSI-ANSI Al17.l-1986
ADA Standards - 1994 ADA Standards
Interior Retrofits Required in Ground Floor Units in :
1604 Warehouse, Helena, MT
1608 Warehouse, Helena, MT
111 East Dudley, East Helena, MT
105 East Lewis, East Helena, MT
114 East King, East Helena, MT
3768 East Old Highway 12, East Helena, MT
3774 East Old Highway 12, East Helena, MT
3782 East Old Highway 12, East Helena, MT
3790 East Old Highway 12, East Helena, MT
3802 East Old Highway 12, East Helena, MT
3810 East Old Highway 12, East Helena, MT
3818 East Old Highway 12, East Helena, MT
3826 East Old Highway 12, East Helena, MT
3836 East Old Highway 12, East Helena, MT
3838 East Old Highway 12, East Helena, MT

Unit Type· 2BR + lBA (Inspected ground floor units at: 1608 Warehouse, Helena, MT, 3810 Old Hwy 12, East Helena, MT, and 3836 East
Old Highway 12, East Helena, MT)
Requirements of the
Guidelines

FHAG Req. #2

FHAG Req. #2

Violation

Retrofits {for all units with the same type of violation)

The entrance door at all inspected properties has knob hardware instead

Install lever hardware at all covered ground floor units (FHAG

of lever hardware [ANSI 4.13.9)

Requirement #2; ANSI 4.13.9]

Abrupt level change at the unit entrance measured 11/2", rather than a
maximum 1/4" or 1/2" with a bevel 1:2

See retrofit for the exterior side of the threshold, below

FHAG, Req.
#4

FHAG, Req.
#4

FHAG Requirement #3,
Guideline 2

The interior side of the threshold at the unit entry door measured 1/2",
without a bevel at 1608 Warehouse; 1" without a bevel at 3836 East Old Replace or adjust threshold of unit primary entrance door to make
Highway 12; and l"without a bevel at 3810 East Old Highway 12, rather threshold flush; or X" high maximum; or%" max with 1:2 bevel on
than the maximum of 3/4" with a bevel
the interior side

The exterior side of the threshold at the unit entry door measured 1/2",
Replace or adjust threshold of unit primary entrance door to make
without a bevel at 1608 Warehouse; 11/4" without a bevel at 3836 East
threshold flush; or~,, high maximum; or lX" maximum with 1:2
Old Highway 12; and 3/8"without a bevel at 3810 East Old Highway 12,
bevel on the exterior side
rather than the maximum of 3/4" with a bevel

The do set depth measured 26" with a 2' -6" door and 27 3/4" clear width
at 1608 Warehouse, rather than the minimum 315/8th clear width and
nominal 2' -10" doors for closets 24" or more in depth

FHAG Req.7, Guideline The centerline of the toilet measured 21" from the adjacent wall at 1608
{2)(a)(ii)
Warehouse, rather than 18"

Move shelving forward to the door frame and fill in the space
behind with new shelving

See Interior Retrofit Inspection Protocol, Location of Toilets
Adjacent to Sidewall/Bathtub or Lavatory

FHAG, Req. #7

The clearance at the toilet measured 45 1/2" wide from the bathtub to
sidewall at 1608 Warehouse; 46 1/2" wide from the bathtub to the
sidewall at 3836 East Old Highway 12; and
45 3/8" wide from the bathtub to the sidewall at 3810 East Old Highway
12, rather than the 48" wide minimum

See Interior Inspection Protocol, Clearance at Toilet

FHAG Req.7

The kitchen measured 57" wide at the base and 48 1/2" at the
refrigerator at 1608 Warehouse and 57" wide at the base, and 52 1/2" at
the refrigerator at 3836 East Old Highway 12, rather that the 60" wide
minimum

See Interior Inspection Protocol, Width of U-Shaped Kitchen

The patio sliding door measured 25 7/8"clear at 1608 Warehouse; 25
1/2"clear at 3836 East Old Highway 12; and 241/2" clear at 3810 East
Old Highway 12, rather the minimum clear width of 31 5/8"

See Interior Inspection Protocol, Concrete Patio and Patio Door
Retrofits

FHAG Req. #4

The interior of the slid.mg door track at the patio door measured 7 /8"
high without a bevel at 1608 Warehouse; 21/2" high without a bevel at
3836 East Old Highway 12; 1" high without a bevel at 3810 East Old
Highway 12, rather than the maximum 3/4" with a bevel

See Interior Inspection Protocol, Concrete Patio and Patio Door
Retrofits

FHAG Req. #4

The concrete patio measured 8" below the finished floor level of the unit
at 1608 Warehouse, rather than the maximum of 4"

See Interior Inspection Protocol, Concrete Patio and Patio Door
Retrofits

FHAG,Req.#6

By visual inspection alone, there is no way to confirm the presence of
reinforcing in the walls of units surveyed in the complex

Provide a declaration confirming the presence of reinforcing in the
walls or, if reinforcing was not installed, provide wing-its and grab
bars upon request

FHAG Req. #3, Guideline
(2)

APPENDIX C - NISTLER ET Al. Unit Interior Retrofits for Type Three Subject Properties-- 801 East Riggs, 3752 East Old Highway 12, 3760 East Old
Highway 12, and 3791 Beechnut Street
References in the citations are as follows:
FHAG - Fair Housing Accessibility Guidelines
FHADM - Fair Housing Act Design Manual
ANSI -ANSI A117.l-1986
ADA Standards· 1994 ADA Standards
Interior Retrofits Required in Ground Floor Units at:
801 East Riggs, East Helena, MT
3791 Beechnut Street, East Helena, MT

The retrofits described below will be made to the following properties In accordance with the terms of the Consent Order if Defendants do not
comply with requirements of Paragraphs 35-37 of the Consent Order.
3752 East Old Highway 12, East Helena, MT
3760 East Old Highway 12, East Helena, MT

Unit Type - 2BR + lBA {Inspected ground floor units at: 3752 East Old Highway 12, East Helena, MT)

Requirements of the
Guidelines

Violation

Retrofits (for all units with the same type of violation)

FHAG Req. #2

The entrance door at the inspected property has knob
hardware instead of lever hardware [ANSI 4.13.9]

Install lever hardware at all covered ground floor units

FHAG Req. #2

Abrupt level change at the unit entrance measured 1/2", rather
than a maximum 1/4" or 1/2" with a bevel 1:2

See retrofit for the exterior side of the threshold, below

FHAG, Req.
#4

The interior side of the threshold at the unit entry door
measured 11/8" without a bevel, rather than a maximum of
3/4" with a bevel

Replace or adjust threshold of unit primary entrance door to
make threshold flush; or "!4" high maximum; or%" max with
1:2 bevel on the interior side

FHAG, Req.
#4

The exterior side of the threshold at the unit entry door
Replace or adjust threshold of unit primary entrance door to
measured 1/2" without a bevel, rather than a maximum of 3/4"
make threshold flush; or }:IN high maximum; or 1~"
with a bevel
maximum with 1:2 bevel on the exterior side

The closet depth measured 27 3/4" with a 2'-6" door and a 27
3/4" clear width, rather than the minimum 315/8 clear width
and nominal2' -10" doors for closets 24" or more in depth

Move shelving forward to the door frame and fill in the
space behind with new shelving

The centerline of the toilet measured 19 1/2" from the
adjacent wall, rather than 18"

Install offset flange so the centerline of the toilet will be at
18" from adjacent wall

FHAG, Req. #5

Two of the kitchen outlets measured 5" and 111/4",
respectively, from side obstruction, rather than the minimum
of 12" from the side obstruction and 36" from the corner

Move at least one kitchen outlet per wall to 46" maximum
above the finished floor, 36" minimum from the corner, and
12" minimum to the side obstruction measured to the
centerline of the outlets [FHDM p. 5.8]

FHAG Req_ #3

The 2'-8" swinging patio door measured 29 1/2" clear width,
rather than the minimum 315/8"

Offer swing clear hinges on the opposite side of the door
frame, to be installed Defendants at their expense if
requested by a renter with a disability

FHAG Req. #4

The interior threshold at the patio door measured 11/16" high
without a bevel, rather than the maximum 3/4"high with a
bevel

Install a bevel ramp at 1:2

FHAG Req. #4

The concrete patio measured 5 1/2" below the finished floor
level of the unit, rather than the maximum 4"

Offer to raise the patio surface to no less than 1/2" from the
finished floor level, to be done by the Defendants at their
expense if requested by a renter with a disability

FHAG, Req. #6

By visual inspection alone, there is no way to confirm the
presence of reinforcing in the walls of units surveyed in the
complex

Provide a declaration confirming the presence of reinforcing
in the walls or, if reinforcing was not installed, provide wingits and grab bars upon request

FHAG Req. #3,
Guideline 2

FHAG Req.7,
Guideline (2)(a)(ii}

APPENDIX D • NISTLER ET AL Unit Interior Retrofits for Type Four Subject Properties· 806 Old Highway 12, 900 Old Highway 12, 1053 Quail Drive,
and 1125 Orlon Drive
References in the citations are as follows:
FHAG ·Fair Housing Accessibility Guidelines
FHADM · Fair Housing Act Design Manual
ANSI -ANSI A117.l-1986
ADA Standards· 1994 ADA Standards
The retrofits described below will be made to the following properties in accordance with the terms of the Consent Order if Defendants do not
comply with requirements of Paragraphs 35·37 of the Consent Order:
806 Old Highway 12, East Helena, MT
900 Old Highway 12, East Helena, MT
1053 Quail Drive, East Helena, MT
1125 Orion Drive, East Helena, MT

Unit Type· 28R + 1BA (Inspected ground floor units at: 806 Old Highway 12, East Helena, MT and 1125 Orion Drive, East Helena, MT)

Requirements of the
Guidelines

Violation

Retrofits {for all units with the same type of violation)

FHAG Req. #2

The entrance door at all inspected properties has knob hardware
instead of lever hardware [ANSI 4.13.9]

Install lever hardware at all covered ground floor units [ANSI
4.13.9]

FHAG, Req.
#4

The interior side of the threshold at the unit entry door measured
Replace or adjust threshold of unit primary entrance door to
1" without a bevel at 806 Old Highway 12 and 11/8" without a
make threshold flush; or X" high maximum; or%" max with 1:2
bevel at 1125 Orion Drive, rather than a maximum of 3/4" with a
bevel on the interior side
bevel

FHAG, Req.
#4

The exterior side of the threshold at the unit entry door measured Replace or adjust threshold of unit primary entrance door to
1/2" without a bevel at both inspected properties, rather than a make threshold flush; or",.{" high maximum; or l'X" maximum
maximum of 3/4" with a bevel
with 1:2 bevel on the exterior side

The bedroom and bathroom doors measured 2'-6" with a 25 7/8"
clear width at 806 Old Highway 12. At 1125 Orion Drive, bedroom

Widen bedroom doors to 31 5/8" min. dear width. For

FHAG Req. #3,

doors measured 2'-6" with a 28" clear width and the bathroom

bathroom doors, either (1) replace lavatory with wall mounted

Guideline (2)

door measured 2'-4" with a 26" clear width. Bedroom and

sink and widen door or (2) widen door and install swing clear

bathroom doors require nominal 2'-10" doors with a

hinges

311/2" minimum clear width

The temperature controls measured 4" above the finished floor at
FHAG Req. #5

806 Old Highway 12; and 57 1/2" to 58 1/4" above the finished

See Interior Retrofit Inspection Protocol, location of

floor in four locations at 1125 Orion Drive, rather than the

Temperature Gauges or Controls

minimum 15" and the maximum 48" above the finished floor

The electrical outlets measured 13" above the finished floor
FHAG Req. #5

throughout 806 Old Highway 12 and 12 1/2" to 13" above the

See Interior Retrofit Inspection Protocol, location of

finished floor throughout 1125 Orion Drive, rather than the

Temperature Gauges and Control

minimum lS"above the finished floor

Clear floor space beyond the swing of the door in the bathroom
FHAG, Req. #7,

measured 311/2" wide x 38" deep at 806 Old Highway 12 and 29

Reverse the swing of the door and install the hinges on the

Guideline (2)(a)(i)

3/4" wide x 30 1/2" deep at 1125 Orion Drive, rather than a

opposite side of the door frame

minimum 30" wide by 48" deep

Install removable base cabinet under the sink, insulate pipes,
The centerline of the lavatory measured 16 3/4" from the wall

and provide floor finishes underneath, or, alternatively,

without a removable base cabinetat 806 Old Highway 12, rather

relocate sink bowl so that there is a 30" x 48" clear floor space

than the minimum 24"

FHAG Req. #7

centered on the sink bowl for a parallel approach. [FHADM
7.49-7.52; ANSI 1986, 4.19.2, 4.19.4, and 4.19, Figure 3]

FHAG Req.7 Sec.
(2)(a)(ii)

The centerline of the toilet measured 15" from the bath rub at 806
Old Highway 12, rather than the required 18"

Install offset flange so that the centerline is 16 to 18" from the
bathtub

FHAG, Req. #5

One of the kitchen outlets at 806 Old Highway 12 measured 21"
from corner and two of the kitchen outlets at 1125 Orion Drive Move the kitchen outlets to 36" minimum from the corner and
measured 18 1/2" from corner and 11" from refrigerator, rather
12" minimum to the side obstruction measured to the
centerline of the outlets
than the minimum 12" from the side obstruction and 36" from the
corner

FHAG Req. #3

The patio sliding door measured 25 3/4"clear at 1125 Orion Drive,
rather than the minimum 315/8" clear

FHAG Req. #4

Then interior threshold at the patio door measured 11/2" high
without a bevel at 806 Old Highway 12 and 11/4" high without a
bevel at 1125 Orion Drive, rather than the maximum 3/4" with a
bevel

Replace the sliding door track with a compliant track

FHAG, Req. #6

By visual inspection alone, there is no way to confirm the
presence of reinforcing in the walls of units surveyed in the
complex

Provide a declaration confirming the presence of reinforcing in
the walls or, if reinforcing was not installed, provide wing-its
and grab bars upon request

Provide a new sliding door that provides 315/8" clear width

APPENDIX E - 335 Warren St. - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI A117.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Retrofit Retrofit [to be required only if
Requirements of the
Guidelines

Violation

Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]

The route from the public sidewalk to the

FHAG Req. #2

Install an accessible route to public street
sidewalk. See Exterior Retrofit Inspection

rather than a maximum runing slope of 5%
and maximum cross slope of 2%

FHAG Req. #2

covered units has a running slope of 6.1% to
18.6% and a cross slope of 3.8% to 12.6%,

Protocol

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from the parking spaces to the unit
Fix cross slopes to provide a compliant route.
entrance has a cross slope of 3.4% to 7.4%,
See Exterior Retrofit Inspection Protocol
rather than the maximum 2% cross slope

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpsters to an accesible location.
See Exterior Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the mailboxes [ANSI 4.3.2(4)]

Relocate mailboxes to an accessible location.
See Exterior Retrofit Inspection Protocol

APPENDIX F - 3752 Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI Al17.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS

Requirements of the
Guidelines

Violation

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from parking to the unit has a
running slope between 12.4% to 12.6%,
rather than a maximum 5% running slope

Fix running slopes to provide a compliant
route. See Exterior Retrofit Inspection
Protocol

FHAG Req. #2

Provide maneuvering space at mailboxes that
is at least 36" wide with 5' x 5' turn-space and
The maneuvering space at the mailbox has a that slopes no more than 2% in any direction.
slope of 3.4% to 5.1%, rather than the
Or relocate mailboxes to a compliant location
maximum slope of 2%
on an accessible route with a compliant clear
floor space at the mailbox. See Exterior

.

FHAG Req. #2

FHAG Req. #2

The garage doors have an 8' door and are 11'5" wide inside, rather than the minimum 14'2" width

See Exterior Retrofit Inspection Protocol

There is no barrier under the stairs for cain

Install cane detection under stairs in

detection [ANSI 4.4.2]

compliance with ANSI 4.4.2

APPENDIX G - 1608 Warehouse - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from parking to the unit has a
running slope between 6.4% to 6.6%, with no
handrails, rather than a maximum running
slope of 5%

Install compliant handrails on both sides or
replace walkway. See Exterior Retrofit
Inspection Protocol

The garage doors have a 9' door and are 11'FHAG Req. #2

S" wide inside, rather than the minimum 14'2 11 width

See Exterior Retrofit Inspection Protocol

APPENDIX H - 307 S. Warren St.-- Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI All7.l-1986
ADA Standards -1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS

Requirements of the
Guidelines

Violation

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent OrderI

FHAG Req. #2

FHAG Req. #2

FHAG Req. #2

The route from the public sidewalk to the
covered units has a running slope of 7.9% to
19.3% and a cross slope
of 3.2% to 13%, rather than a maximum
runing slope of 5% and maximum cross slope
of2%

There is no marked and compliant
handicapped parking space or aisle

The route from parking to the unit has a
running slope between 4.5% and 6.9%, and a
cross slope between 4.5% to 4.8%, rather
than a maximum 5% running slope and
maximum 2% cross slope

Install an accessible route to public street
sidewalk. See Exterior Retrofit Inspection
Protocol

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Fix cross and runnings slopes to provide a
compliant route. See Exterior Retrofit
Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpsters to an accesible location.
See Exterior Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the mailboxes

Relocate mailboxes to an accessible location.
See Exterior Retrofit Inspection Protocol

APPENDIX I - 806 Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG ·Fair Housing Accessibility Guidelines
ANSI· ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from parking to the unit has a
running slope between 6.2% and 11.4%, and
four steps to the unit entrance, and 7 steps
down inside the entrance foyer, rather than a
maximum 5% running slope and a route with
no steps

See Exterior Retrofit Inspection Protocol

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster. See Exterior
Inspection Protocol

FHAG Req. #2

FHAG Req. #2

The maneuvering space at the mailboxes has
asphalt that does not extend to the face of
the boxes, as well as a 5.7% slope, rather than
a compliant turn- space and the maximum 2%
slope in all directions

Provide maneuvering space at mailboxes that
is at least 36" wide with 5' x 5' turn-space and
that slopes no more than 2% in any direction.
Or relocate mailboxes to a compliant location
on an accessible route with a compliant clear
floor space at the mailbox. See Exterior
Inspection Protocol

The route from the storage units to the unit
has a running slope between 6.1% to 7.5%; a
cross slope between 3.1% to 4.4%; a gap in
the route 3/4" to 1" wide; as well as an
FHAG Req. #2

Install compliant handrails on both sides, fill
gap and grind edge of concrete at 1:2

abrupt level change of 5/8" to 1" high, rather
than a maximum 5% running slope; a
maximum 2% cross slope; a maximum gap of
1/2"; and a maximum level change of 1/4" to

maximum ratio to eliminate level change or
replace walkway. See Exterior Retrofit
Inspection Protocol

1/2" high max

The maneuvering space at the storage unit
FHAG Req. #2

door has a cross slope of 3.8% to 4.4%, rather
than a maximum 2.0% slope in all directions

Modify cross slopes to 2% or less in all
direections

The thresholds at the storage unit are 11/2" Replace threshold at storage entrance door to
FHAG Req. #2

high with no bevel, rather than the maximum
1/2" high with bevel

make threshold flush; or Y." high maximum;
or 3/4" maximum with 1:2 bevel

APPENDIX J -1125 Orion - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from parking to the unit has 3 steps
up outside and 7 steps down inside the
entrance foyer, rather than a route with no
steps

Install an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster. See Exterior
Inspection Protocol.

FHAG Req. #2

Mailbox kiosks for the surrounding
neighborhood are located near the fire
station, with noncompliant manuevering
space. No continuous accessible route from
the units.

Relocate mailbox to an accesible location.
See Exterior Inspection Protocol.

APPENDIX K - 3836 Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

FHAG Req. #2

FHAG Req. #2

Violation

Retrofit

There is no marked and compliant
handicapped parking space or aisle.

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

No accessible pedestrian route from the unit Relocate mailboxes to a compliant location on
an accessible route with a compliant clear
entrance to the mailboxes, including cross
floor space at the mailbox. See Exterior
slopes measured at 4.3% to 5.0%, rather than
the maximum 2% cross slope

FHAG Req. #2

Retrofit Inspection Protocol

The garage doors have a 8' door and are 11'·
3" wide inside, rather than the minimum 14'2" width

See Exterior Retrofit Inspection Protocol

APPENDIX L - 906 Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit

There is no marked and compliant
handicapped parking space and the aisle is
marked at each curb ramp. The access Aisle,
marked at each curb ramp, has a slope, on

FHAG Req. #2

the left side of 6.5% to 6.8%, and a slope on
the rights side of 2.5% to 9. 7%. The curb
ramp has a running slope on the left side of
6.1% to 20.8% and a running slope on the
right side of 1.3% to 18. 7%. The building
requires at least one handicap space and
aisle, with a maximum running slope of 5%
and maximum cross slope of 2%, as well as a
sign mounted a minumum of 60" above
ground level

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The curb ramp has a running slope on the left
side of 6.1% to 20.8% and a running slope on
the right side of 1.3% to 18.7%. In line curb
ramps require a maximum running slop of
8.3%; a maximum cross slope of 2%; and a
landing with a maximum slope of 2% in all

Replace curb ramp. See Exterior Retrofit
Inspection Protocol

direections
The route from parking to the unit entrance
has on the left side a running of 5.5% at one
point, and a cross slope of 6.5% at one point;
and on the right side a gap 1/2" to 3/4" wide
and cross slopes 2.7% to 3.2% near corner.
From either side, near Unit #2 there is an
FHAG Req. #2

abrupt level change 3/4" high. The route
requiers a maximum 5%running slope max.
(or max.8.33% constructed as a ramp); a
maximum 2% cross slope; level changes that
are a maxiumum 1/4" high or 1/2" high max

Fix cross slopes; fill gap and reduce level
change. See Exterior Retrofit Inspection
Protocol

with bevel; and gaps
no more than 1/2" wide

FHAG Req. #2

Boxes are located across from 900 building.
Route requires travel on and along the
vehicular drive.

Relocate mailboxes to a compliant location on
an accessible route with a compliant clear
floor space at the mailbox. See Exterior
Retrofit Inspection Protocol

APPENDIX M - 900 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI A117.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS

Requirements of the
Guidelines

Violation

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from parking to the unit has 4 steps
up to entrance, 7 steps down in vestibule, and
no curb ramp from parking to sidewalk,
rather than a route with no steps and
compliant curb ramps to parking

Provide an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the storage unit, as the route
Provide an accessible route to the storage
surface is gravel, rather than a stable and firm unit. See Exterior Retrofit Inspection Protocol
surface

FHAG Req. #2

The thresholds at the storage unit are 11/2" Replace threshold at storage entrance door to
high with no bevel, rather than the maximum make threshold flush; or X" high maximum;
1/2" high with bevel
or 3/4" maximum with 1:2 bevel

APPENDIX N - 1053 Quail Dr - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol -the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS

Requirements of the
Guidelines

Violation

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The route from parking to the unit has 3 steps
up to entrance, and several steps down in
vestibule, rather than a route with no steps

Provide an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX 0 - 1604 Warehouse - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements ofthe

Violation

Retrofit

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The garage doors have a 9' door and are 11'4" wide inside, rather than the minimum 14'2" width

See Exterior Retrofit Inspection Protocol

Guidelines

APPENDIX P - 3760 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

Violation

The route from parking to the unit has a
running slope of 10.9%, rather than a
maximum 5% running slope

FHAG Req.#2

There is no barrier under the stairs for cain
detection [ANSI 4.4.2]

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Retrofit Retrofit [to be required only if
Defendants do not comply with the
requirements of Paragraphs 35-37 of the
Consent Order]
Replace walkway to reduce the running slope
to 8.33%

Install cane detection under stairs in
compliance with ANSI 4.4.2

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

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APPENDIX Q - 3768 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI Al17.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the

Violation

Retrofit

FHAG Req. #2

Minor Threshold Lip measured 1/2" abrupt
or less, rather than a maximum 1/4" or 1/2"
with a bevel 1:2

Replace threshold or install a bevel at 1:2

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Guidelines

FHAG Req.#2

There is no barrier under the stairs for ca in
detection [ANSI 4.4.2]

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Install cane detection under stairs in
compliance with ANSI 4.4.2

FHAG Req. #2

The garage exceeds the minimum width of 14'

2"

See Exterior Retrofit Inspection Protocol

APPENDIX R - 3774 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the

Violation

Retrofit

FHAG Req. #2

Noncom pliant Threshold Lip, rather than a
maximum 1/4" or 1/2" with a bevel 1:2

Replace threshold or install a bevel at 1:2

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

There is no barrier under the stairs for ca in

Install cane detection under stairs in

detection [ANSI 4.4.2]

compliance with ANSI 4.4.2

The units lack an accessible garage, with a
miniimum width of 14'-2" [FHAG,

See Exterior Retrofit Inspection Protocol

Guidelines

FHAG Req. #2

FHAG Req. #2

Requirement #2]

APPENDIX S - 3782 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI All7.l-l986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

FHAG Req. #2

Violation

There is no marked and compliant
handicapped parking space or aisle

The maneuvering space at the mailboxes
lacks a compliant turn- space and slopes no
more than 2% in all directions

FHAG Req. #2

The units lack an accessible garage, with a
miniimum width of 14'-2" [FHAG,
Requirement #2]

Retrofit
Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Provide maneuvering space at mailboxes that
is at least 36" wide with 5' x 5' turn-space and
that slopes no more than 2% in any direction.
Or relocate mailboxes to a compliant location.

See Exterior Retrofit Inspection Protocol

APPENDIX T - 3790 E Old Hwy 12-- Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol -the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The maneuvering space at the mailboxes
lacks a compliant turn- space and slopes no
more than 2% in all directions

FHAG Req. #2

The units lack an accessible garage, with a
miniimum width of 14'-2" [FHAG,
Requirement #2]

Provide maneuvering space at mailboxes that
is at least 36" wide with 5' x 5' turn-space and
that slopes no more than 2% in any direction.
Or relocate mailboxes to a compliant location.

See Exterior Retrofit Inspection Protocol

APPENDIX U - 3802 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI All7.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

Violation

Retrofit

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

The units lack an accessible garage, with a
FHAG Req. #2

FHAG Req. #2

miniimum width of 14'-2" [FHAG,
Requirement #2]

No accessible pedestrian route from the unit
entrance to the trash dumpster

See Exterior Retrofit Inspection Protocol

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX V - 3810 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol -the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines
FHAG Req. #2

Violation

Retrofit

There is no marked and compliant
handicapped parking space or aisle

Install an accessible pakring space and a
compliant sign. See Exterior Retrofit
Inspection Protocol

The route from parking to the unit has a

FHAG Req. #2

running slope of 7.6% to 8.6% in the upper
portion of the walk and a
Install handrails on both sides for running
cross slope 3.5% at the lowest portion of the slope issues and replace walk for cross slope.
See Exterior Retrofit Inspection Protocol
walk, rather than a maximum running slope
of 5%, or 8.33% if constructe as a ramp, and a
maximum cross slope of 2%

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX W - 3818 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

FHAG Req. #2

FHAG Req. #2

Retrofit
Install an accessible pakring space and a
compliant sign. See Exterior Retrofit
Inspection Protocol

The route from parking to the unit has a 2"
high abrupt level change at the parking lot,
rather than a maximum level check of 1/" to

Replace the sidewalk to fix 2" level change or
grind the edge of concrete at 1:2

1/2" high
The units lack an accessible garage, with a
min ii mum width of 14'-2" [FHAG,

See Exterior Retrofit Inspection Protocol

Requirement #2]

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX X - 3838 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

FHAG Req. #2

Violation

Retrofit

Minor Threshold Lip measured 1/2" abrupt
or less, ratherthan a maximum 1/4" or 1/2"
with a bevel 1:2

Replace th res hold or install a bevel at 1 :2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

The units lack an accessible garage, with a
FHAG Req. #2

miniimum width of 14'-2" [FHAG,
Requirement #2], plus there are inaccesible

See Exterior Retrofit Inspection Protocol

slopes on route to garage

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

FHAG Req. #2

Relocate mailboxes to a compliant location on
No accessible pedestrian route from the unit
an accessible route with a compliant clear
floor space at the mailbox. See Exterior
entrance to the mailboxes
Retrofit Inspection Protocol

The maneuvering space at the mailboxes
FHAG Req. #2

lacks a compliant turn- space and slopes no
more than 2% in all directions

Relocate mailboxes to a compliant location on
an accessible route with a compliant clear
floor space at the mailbox. See Exterior
Retrofit Inspection Protocol

APPENDIX Y - 3826 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI· ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

Violation

Retrofit

Minor Threshold Lip measured 1/2" abrupt
or less, rather than a maximum 1/4" or 1/2"

Replace threshold or install a bevel at 1:2

with a bevel 1:2

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

The units lack an accessible garage, with a
FHAG Req. #2

miniimum width of 14'-2" [FHAG,
Requirement #2], plus there are inaccesible
slopes on route to garage
No accessible pedestrian route, with

FHAG Req. #2

compliant slopes, from the unit entrance to
the mailboxes

See Exterior Retrofit Inspection Protocol

Relocate mailboxes to a compliant location on
an accessible route with a compliant clear
floor space at the mailbox. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

The maneuvering space at the mailboxes
lacks a compliant turn- space and slopes no
more than 2% in all directions

Relocate mailboxes to a compliant location on
an accessible route with a compliant clear
floor space at the mailbox. See Exterior
Retrofit Inspection Protocol

APPENDIX Z - 3791 Beechnut - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol -the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree

Requirements of the
Guidelines

FHAG Req. #2

Violation

Retrofit

Minor Threshold Lip measured 1/2" abrupt
or less, rather than a maximum 1/4" or 1/2"

Replace threshold or install a bevel at 1:2

Route from parking to unit entrance has noncompliant curb ramp and a veh"icle overhangs
the accessible route, rather than a clear
FHAG Req. 112

FHAG Req. #2

FHAG Req. #2

accessible route with curb ramps with a
maximum running slope of 8.33%, a
maximum cross slope of 2%, and a landing
with maximum cross slopes of 2% in all
directions

There is no marked and compliant
handicapped parking space or aisle

There is no barrier under the stairs for cain
detection [ANSI 4.4.2]

Replace curb ramp and install wheel stops
along an accessible route. See Exterior
Retrofit Inspection Protocol

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Install cane detection under stairs in
compliance with ANSI 4.4.2

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

No accessible pedestrian route from the unit

FHAG Req. #2

Provide maneuvering space at mailboxes that
is at least 36" wide with 5' x 5' turn-space and

entrance to the mailboxes, including a small
that slopes no more than 2% in any direction.
curb; narrow sidewalk 27" wide at boxes; and
Or relocate mailboxes to a compliant location.
non-compliant cross slopes
See Exterior Retrofit Inspection Protocol

APPENDIX AA.1 - 802 E Old Hwy 12 - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI A117-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit

Route from parking to unit entrance has a
narrow transition from parking to sidewalk
that is less than 36" wide, and includes an
FHAG Req. #2

FHAG Req. #2

FHAG Req. #2

overly steep curb ramp, rather than a curb
ramp with a maximum running slope of
8.33%, a maximum cross slope of 2%, and a
landing with maximum cross slopes of 2% in
all directions

There is no marked and compliant
handicapped parking space or aisle

No accessible pedestrian route from the unit
entrance to the trash dumpster

Replace curb ramp on an accessible route.
See Exterior Retrofit Inspection Protocol

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster. See Exterior Retrofit
Inspection Protocol

FHAG Req. #2

The maneuvering space at the mailboxes
lacks a compliant turn- space and slopes no
more than 2% in all directions

Provide maneuvering space at mailboxes that
is at least 36" wide with 5' x 5' turn-space and
that slopes no more than 2% in any direction.
Or relocate mailboxes to a compliant location.
See Exterior Retrofit Inspection Protocol

APPENDIX BB - 801 Riggs - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI Al17.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit

FHAG Req. #2

Minor Threshold Lip measured 1/2" abrupt
or less, rather than a maximum 1/4" or 1/2"
with a bevel 1:2

Replace threshold or install a bevel at 1:2

FHAG Req. #2

There is no compliant handicapped parking
space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

Route from parking to unit entrance lacks a
curb ramp from the parking area to the
sidewalk

Install a compliant curb ramp. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

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APPENDIX CC - 106 Dudley - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the

Violation

Retrofit

FHAG Req. #2

Route from parking to unit entrance lacks a
curb ramp from parking area to the sidewalk

Install a compliant curb ramp. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Guidelines

APPENDIX DD -110 Dudley- Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

FHAG Req. #2

Violation

Retrofit

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX EE - 114 Dudley - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI All7.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol -the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Retrofit

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol
Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX FF -118 Dudley - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI A117.1-1986
ADA Standards -1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

FHAG Req. #2

Violation

There is no marked and compliant
handicapped parking space or aisle

No accessible pedestrian route from the unit
entrance to the trash dumpster

Retrofit

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX HH - 111 Dudley- Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI - ANSI All7.l-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

Violation

Retrofit

FHAG Req. #2

Route from parking to unit entrance lacks a
curb ramp from the parking area to the
sidewalk

Install a compliant curb ramp. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

FHAG Req. #2

No accessible pedestrian route from the unit
entrance to the trash dumpster

Relocate dumpster to a location on an
accessible route with a compliant clear floor
space at the dumpster

APPENDIX II - 105 E Lewis - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol - the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines

FHAG Req. #2

Violation

Route from parking to unit entrance lacks a
curb ramp from the parking area to the
sidewalk

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Retrofit

Install a compliant curb ramp. See Exterior
Retrofit Inspection Protocol

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

APPENDIX JJ - 114 King - Retrofits to Common Use and Public Use Areas
References in the citation column are as follows:
FHAG - Fair Housing Accessibility Guidelines
ANSI -ANSI A117.1-1986
ADA Standards - 1994 ADA Standards
Inspection Protocol -the Inspection Protocol separately agreed to by the parties and described in Part X of the
Consent Decree
PUBLIC AND COMMON USE AREAS
Requirements of the
Guidelines
FHAG Req. #2

Violation

Retrofit

The route from the parking the unit has an
abrupt level change at parking that is higher

Eliminate level change or install a curb ramp.
let's discuss. See Exterior Retrofit Inspection
Protocol

than 1/4" or 1/2" with a bevel of 1:2

FHAG Req. #2

There is no marked and compliant
handicapped parking space or aisle

Provide a compliant handicap parking space
and sign on an accessible route. See Exterior
Retrofit Inspection Protocol

APPENDIXKK
NOTICE OF RETROFITS TO PUBLIC AND COMMON USE AREAS AT [SUBJECT
PROPERTY]
The federal Fair Housing Act requires that the public and common use areas at
complexes such as [SUBJECT PROPERTY] have certain features of physical accessibility for
persons with disabilities.
As a result of recent events, it has been brought to our attention that certain features of
the public and common areas of [SUBJECT PROPERTY] can be modified to provide greater
accessibility for persons with disabilities, consistent with the accessibility requirements of the
federal Fair Housing Act. We welcome persons with disabilities residents and guests at
[SUBJECT PROPERTY]. We are writing this notice to let you know that beginning on
_ _ _ _ _, 2016, contractors will be coming onto the property to begin the process of
modifying certain aspects of the public and common use areas. We expect the process to last
approximately
weeks, weather permitting.
Generally, the workers will modify or "retrofit" certain sidewalks, install curb cuts and
ramps or modify existing ones along certain pathways to certain ground-floor units. We
apologize for any inconveniences you may incur as a result of this work.
If you have any questions regarding these modifications, please contact us
at - - - - - -

[ENTITY PERFORMING RETROFIT]

APPENDIX LL
NOTICE TO TENANTS
Dear Tenant:
This is to advise you that, as a result of a settlement in a case brought by the United States
against the owners of this apartment complex, we have agreed to retrofit the ground floor units [all
units if elevator building] at
[Subject Property] to provide greater accessibility for people
with disabilities. Your unit qualifies for retrofitting to provide greater accessibility.
Although your apartment unit will be retrofitted automatically after your tenancy ends, we want
you to know that you may request to have your apartment modified now at no cost to you. The actual
work will take no longer than_ days from the date construction begins and we will provide you with
another unit in this development or comparable alternative living arrangements during that time if you
need to leave your apartment for more than 24 consecutive hours. In scheduling when the repairs will
take place, we will take into account your preferences and convenience.
You should be aware that this work must be completed within the next [years], regardless of
your intention to stay in your apartment for a longer duration. Please let us know if you are interested
in having the work done now and we will provide you with additional information.

[ENTITY PERFORMING RETROFIT]

APPENDIX MM

FAIR HOUSING ACT COMPLIANCE STATEMENT
It is the policy of Nistler Properties, LLC; Roylance & Nistler
Properties, LLC; Werner-Nistler Properties, LLC; and Derek Brown
Consulting, Inc., to comply with state and federal laws concerning
accessibility of the properties they design, own or manage, and to notify all
officers, agents and employees that accessibility is the law. In particular,
Nistler Properties, LLC; Roylance & Nistler Properties, LLC; WernerNistler Properties, LLC; and Derek Brown Consulting, Inc. are committed to
insuring that all of the properties they design, own or manage meet the
accessibility standards set out in the Fair Housing Act Design Manual and
the Fair Housing Act Accessibility Guidelines, which provide technical
guidance on how to make a multi-family housing project accessible in the
following respects:

(i)
the public use and common use portions of such dwellings are
readily accessible to and usable by persons with a disability;
(ii) all of the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow passage
by persons with a disability using wheelchairs; and
(iii) all premises within such dwellings contain the following features
of adaptive design:
(I)
an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later
installation of grab bars; and

(IV) usable kitchens and bathrooms such that an
individual using a wheelchair can maneuver about the space.

To carry out this policy, Nistler Properties, LLC; Roylance & Nistler
Properties, LLC; Werner-Nistler Properties, LLC; and Derek Brown
Consulting, Inc., shall provide to each employee or agent who has
management authority over the design, management or construction of
multi-family properties for Nistler Properties, LLC; Roylance & Nistler
Properties, LLC; Werner-Nistler Properties, LLC; and/or Derek Brown
Consulting, Inc. a copy of:
(i)

the Fair Housing Act Design Manual;

(ii)

the Fair Housing Act Design Guidelines;

(iii) the Joint Statement of the Department of Housing and Urban
Development and the Department of Justice regarding "Reasonable
Accommodations under the Fair Housing Act;" and
(iv) the Joint Statement of the Department of Housing and Urban
Development and the Department of Justice regarding "Reasonable
Modifications under the Fair Housing Act."
Furthermore, each of these employees or agents shall be instructed to be
familiar with and refer to these documents as needed in the fulfillment of
their duties.
In addition, every employee or agent who has management authority
over the design, management or construction of multi-family dwellings shall
be informed of, and acknowledge the following obligations of Nistler
Properties, LLC; Roylance & Nistler Properties, LLC; Werner-Nistler
Properties, LLC; and Derek Brown Consulting, Inc.:

(i)
the obligation to provide training in the design and construction
requirements of the Fair Housing act to employees and agents who
have management authority over the development, design and/or
construction of multi-family housing covered under the FHA;
(ii) the prohibition against raising rents or fees in order to pay costs
associated with bringing existing multi-family housing which they own
into compliance with the FHA;
(iii) the obligation to post and prominently display in the sales or
rental offices of 175 and 195 Silsbee Avenue, 109 and Ill Reed Avenue
and 1220 and 1240 Laurel Street in Helena, Montana ("Subject
Properties") and/or in their places of business a poster no smaller than
10 by 14 inches (IO" x 14") indicating that all dwellings are available
for rental on a nondiscriminatory basis; and
(iv) the obligation to make all advertising in newspapers and all
pamphlets, brochures and other promotional literature regarding the
Subject Properties, or any new complexes that Defendants may design,
develop or construct, contain, in a conspicuous location, a statement
that the dwelling units comply with the accessibility requirements of
the federal Fair Housing Act.
Finally, each employee or agent with management authority over the
design, management or construction of multi-family properties for Nistler
Properties, LLC; Roylance & Nistler Properties, LLC; Werner-Nistler
Properties, LLC; and Derek Brown Consulting, Inc. shall be required to
sign a written acknowledgment that they have read and are familiar with
this FHA Compliance Statement.

Dated this_ day of ___ , 201_.

Nistler Properties, LLC;
Roylance & Nistler Properties, LLC; and
Werner-Nistler Properties, LLC; - - - - - - - - - - - - - - - - By: Gabriel Nistler, its Managing Member

Derek Brown Consulting, Inc.

By:

Derek Brown, Owner

APPENDIXNN
ACKNOWLEDGMENT OF RECEIPT OF CONSENT
ORDER OR COMPLIANCE STATEMENT
On _ _ _ _ , I received copy of and have read the Consent Order
entered by the federal district court in United States v. Nistler et al., Civil
Action _ _ _ _ _ (D. Mont.)/Compliance Statement. I have had all of my
questions concerning the Consent Order/Compliance Statement and the Fair
Housing Act answered to my satisfaction.

(Signature)

(Print name)

(Position)

(Date)

APPENDIXOO
CERTIFICATION OF FAIR HOUSING TRAINING
On _ _ _ _ , I attended training on the federal Fair Housing Act,
including its requirements concerning accessibility for persons with
disabilities. I have had all of my questions concerning the Fair Housing Act
answered to my satisfaction.

(Signature)

(Print name)

(Position)

(Date)

APPENDIX PP
NOTICE TO POTENTIAL AGGRIEVED PERSONS AT HELENA AND
EAST HELENA PROPERTIES
On
, 2016, the United States District Court for
the District of Montana entered a Consent Order resolving a housing
discrimination lawsuit brought by the United States against individuals and
entities involved in the design and construction of thirty-one apartment
complexes throughout Helena and East Helena, Montana. The United
States alleges that the units and many common use areas are not accessible
to persons with physical disabilities. As part of the Consent Order,
Defendants have agreed to retrofit covered dwelling units and common use
and public use areas to comply with the Fair Housing Act at the apartment
complexes located at:
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1604 Warehouse Ave. located in Helena, Montana;
1608 Warehouse Ave. located in Helena, Montana;
307 South Warren St. located in Helena, Montana;
335 South Warren St. located in Helena, Montana;
801 East Riggs St. located in Helena, Montana;
105 East Lewis St. located in East Helena, Montana;
114 East King St. located in East Helena, Montana;
802 East Main St. (Old Highway 12) located in East Helena, Montana;
806 East Main St. (Old Highway 12) located in East Helena, Montana;
900 East Main St. (Old Highway 12) located in East Helena, Montana;
906 East Main St. (Old Highway 12) located in East Helena, Montana;
106 East Dudley St. located in East Helena, Montana;
110 East Dudley St. located in East Helena, Montana;
111 East Dudley St. located in East Helena, Montana;
114 East Dudley St. located in East Helena, Montana;
118 East Dudley St. located in East Helena, Montana;
3752 East Old Highway 12 located in East Helena, Montana;
3760 East Old Highway 12 located in East Helena, Montana;
3768 East Old Highway 12 located in East Helena, Montana;
3774 East Old Highway 12 located in East Helena, Montana;
3782 East Old Highway 12 located in East Helena, Montana;

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3790 East Old Highway 12 located in East Helena, Montana;
3802 East Old Highway 12 located in East Helena, Montana;
3810 East Old Highway 12 located in East Helena, Montana;
3818 East Old Highway 12 located in East Helena, Montana;
3826 East Old Highway 12 located in East Helena, Montana;
3836 East Old Highway 12 located in East Helena, Montana;
3838 East Old Highway 12 located in East Helena, Montana;
3791 Beechnut St. located in East Helena, Montana;
1053 Orion Rd. located in East Helena, Montana; and
1125 Orion Rd located in East Helena, Montana.

The Consent Order also establishes a Settlement Fund to compensate
persons who have been harmed as a result of this alleged discrimination at
any of the above-named complexes. You or members of your family may be
qualified to recover from the Settlement Fund if you or members of your
family allege that you:
• were discouraged from living at any of the above-named
complexes because of the lack of accessible features of the
apartment or the complex;
• rented an apartment but were unable to use, or had difficulties
using portions of your apartment or the complex because they
were not accessible (including the inability to have visitors who
have disabilities);
• paid to have any portion of your apartment or the complex
modified to be more accessible;
• were not informed about, or offered, all available apartment
units because of your disability or the disability of someone
who would be living with you; or
• requested and were denied a reasonable accommodation for
your disability or the disability of someone who was living
with you.

If you believe you have been harmed because of your disability at any of the
above-named apartment complexes, or if you have information about

someone else who may have been harmed, please contact the United States
Department of Justice at: 1-800-896-7743, _ _ __
You also may write to United States Department of Justice, Civil Rights
Division, Housing and Civil Enforcement Section, 950 Pennsylvania Avenue,
N. W. - G St., Washington, DC, 20530, Att: DJ 175-83-17
***You must call or write no later than 365 days from [the date
of entry of the Consent Order] to be eligible for compensation,
and your telephone message or letter must include your name,
address, and, if possible, at least two telephone numbers where
you may be reached.

APPENDIXQQ
RELEASE OF ALL CLAIMS
In consideration of and contingent upon the payment of the sum of
($
), pursuant to the Consent Order entered in United States v.
Gabriel Nistler, et al., Case No.
(D. Mont.), by the United States
District Court of the District of Montana, I hereby release and forever
discharge the Defendants named in this action from any and all liability for
any claims, legal or equitable, I may have against them arising out of the
issues alleged in this action as of the date of the entry of that Consent
Order. I fully acknowledge and agree that this release of the Defendants will
be binding on my heirs, representatives, executors, successors,
administrators, and assigns. I hereby acknowledge that I have read and
understand this release and have executed it voluntarily and with full
knowledge of its legal consequences.
(Signature)
NAME: _ _ _ _ _ _ _ _ __
ADDRESS:~----------

DATE:~----------

APPENDIX RR
REQUIREMENTS FOR NON-COMPLIANCE
Pursuant to paragraph 38 of this Order, if Defendants fail to comply with all of the requirements of
paragraphs 35-36 of this Order, then they shall take the following actions within 24-months of the date
of non-compliance with the requirements of paragraphs 35-36:
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Provide all interior retrofits for the ground floor units at 307 South Warren St., 335 South
Warren St., 3752 East Old Highway 12, 3760 East Old Highway 12, 806 Old Highway 12, 900
Old Highway 12, 1053 Quail Drive, 1125 Orion Drive, detailed in Appendix A, B, and D of
this Order, as well as the Interior Retrofit Protocol.

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Provide all exterior retrofits for 307 South Warren St., 335 South Warren St., 3752 East Old
Highway 12, 3760 East Old Highway 12, 806 Old Highway 12, 900 Old Highway 12, 1053
Quail Drive, and 1125 Orion Drive, detailed in Appendix E, Appendix F, Appendix H,
Appendix I, Appendix J, Appendix M, Appendix N, and Appendix P, as well as the Exterior
Retrofit Protocol.