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Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

 

UNITED STATES OF AMERICA,
     Plaintiff,

v.

Case No. 01C-0365

FOXCROFT PARTNERSHIP;
WILFRED BARRY;
FOXCROFT MANAGEMENT AND
CONSTRUCTION, INC.; and
D'ABAR BUILDERS, INC.,
     Defendants.

______________________________

CONSENT DECREE

 

Plaintiff United States and Defendants Foxcroft Partnership, Wilfred Barry, and Foxcroft Management and Construction, Inc. agree to the terms of this Consent Decree resolving the Complaint filed by Plaintiff United States.

Introduction

On January 18, 2001, the United States filed its Complaint alleging violations of Section 804(f)(1)-(3) of the Fair Housing Act, 42 U.S.C. § 3604(f)(1)-(3), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 (the Act). Specifically, the United States' Complaint alleges that Defendants Foxcroft Partnership, Wilfred Barry, Foxcroft Management and Construction, Inc., and D'Abar Builders, Inc. have engaged in a pattern or practice of discrimination by failing to design and construct Foxcroft Apartments, located in Naperville, Illinois, with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C).

The Defendants answered the Complaint and denied all allegations of violation of the Fair Housing Act or any of the statute's implementing regulations or standards. Defendants further filed a third-party complaint against Third-Party Defendant K.W. Malmgren, Inc., who is not a party to this Consent Decree. Defendants have agreed to this Consent Decree in settlement of disputed claims; Defendants do not admit any liability and have specifically denied the same. This Consent Decree does not address the Defendants' third-party action against Third-Party Defendants K.W. Malmgren, Inc.

Defendant Foxcroft Partnership is the owner and developer of Foxcroft Apartments. Defendant Wilfred Barry is a general partner in Foxcroft Partnership. Defendant Foxcroft Management and Construction, Inc., was the builder. (1) Foxcroft Apartments consists of nine (9) buildings containing a total of 118 dwelling units, including forty-four ground-floor units, as well as a clubhouse and rental office.

The Act 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 units" and must include certain basic features of accessible and adaptable design to make such units usable by a person who is or who becomes disabled. 42 U.S.C. §§ 3604(f)(3)(C) and (f)(7)(B). The features of accessible and adaptable design required by the Act include: (a) public and common use areas that are readily accessible to and usable by persons with disabilities; (b) doors designed to allow passage into and within all premises that are sufficiently wide to allow passage by persons using wheelchairs; (c) an accessible route into and through the dwelling; (d) light switches, electrical outlets, thermostats, and environmental controls in accessible locations; (e) reinforcements in bathroom walls to allow later installation of grab bars; and (f) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. 42 U.S.C. § 3604(f)(3)(C).

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

The investigation by the United States showed that in Phase I of the complex there are steps on the accessible route into the units, doorways that do not provide a nominal 32"opening, bathrooms and kitchens which lack adequate space for maneuvering, no reinforcements in bathrooms for grab bars, and thermostats and electrical outlets not between 15" and 48" from the floor. In addition, were this case to proceed to trial, the United States' evidence would show that a fair housing tester, who inquired about an apartment at Foxcroft Apartments for her mother-in-law who uses a wheelchair, was told although there were apartments available, none of the available apartments were accessible. The United States' evidence would further show that other testers were also told that only one phase of the complex was accessible.

The parties agree that the claims against the Defendants should be resolved without further proceedings or an evidentiary hearing, or any adjudication on the merits. Therefore, as indicated by the signatures appearing below, the parties agree to the entry of this Consent Decree.

It is hereby ORDERED, ADJUDGED and DECREED:

  1. GENERAL INJUNCTION
  1. Defendants, their officers, employees, agents, successors and assigns, and all other persons in active concert or participation with them are permanently enjoined from discriminating on the basis of disability, as prohibited by the Act 42 U.S.C. § 3604(f)(1), (2), and (3)(C) and as set forth in the Fair Housing Accessibility Guidelines, 56 Fed. Reg. 9472 (1991). In addition to the accessible design requirements described above, this includes:
    1. Discriminating in the sale or rental, or otherwise making unavailable or denying a dwelling to a buyer or renter because of a handicap of that buyer, renter, or person residing in or intending to reside in that dwelling after it is sold or made available; and
    2. Discriminating against a person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of facilities in connection with such a dwelling, because of a handicap of that person, a person residing in or intending to reside in the dwelling after it is sold, or any person associated with that person.

    Defendants are further permanently enjoined from taking any other action that violates the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

  2. Defendants, their officers, employees, agents, successors and assigns, and all other persons in active concert or participation with them are also permanently enjoined from discriminating on the basis of disability, as prohibited by the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12183(a)(1), and the Department of Justice regulations at 28 C.F.R. Part 36. This includes failing to design and construct places of public accommodation so that they are readily accessible and usable by individuals with disabilities.
  1. CORRECTIVE ACTIONS
  1. Defendants agree to take the corrective actions described in this section and Appendices A and B with respect to the covered ground-floor dwellings and public and common use areas. The parties anticipate that the total cost of these retrofits will be THREE HUNDRED AND EIGHTY THOUSAND DOLLARS ($380,000). In the event that Defendants intend to sell any portion of Foxcroft Apartments, including a common area or an individual unit, Defendants shall take all the said corrective actions before that portion is offered for sale or else obtain written acceptance from the subsequent purchaser of all responsibility for the retrofits and obligations imposed by this Decree. The Defendants have agreed to take the actions set forth below and in the Appendices to this Decree to resolve the claims of the United States. These actions do not constitute any admission of liability on the part of the Defendants.
  2. Public and Common Use Areas:
    1. Within 180 days from the date of entry of this Decree, Defendants shall modify the public and common use areas of Foxcroft Apartments as specified in Appendix A. Defendants shall pay all expenses associated with those modifications.
    2. Within 240 days from the date of entry of this Decree, an architectural firm (or other person or entity with expertise in the design and construction requirements applicable to multi-family housing), approved by the United States, shall conduct on-site surveys at Foxcroft Apartments and provide written certification to the parties as to whether or not Defendants have made the modifications in accordance with Appendix A. (2)
    3. If such surveys indicate that not all of the required retrofits have been made, Defendants shall correct any deficiencies within 30 days and submit a new certification. This process shall continue until the person or entity certifies that all of the modifications in Appendix A have been made. Defendants shall pay all costs associated with the surveys and certifications specified above.
  3. Dwelling units:
    1. Within 10 days of the entry of this Order, Defendants shall provide the written notice attached at Appendix C to current Foxcroft Apartment residents of covered units stating that the modifications to their unit specified at Appendix B are available without cost to them. It shall be sent with a self-addressed postage prepaid return envelope and the appropriate form at Appendix D, which specifies what modifications may be made in each specific model so that the residents may mark which alterations they would like made to their unit and then return the form to Foxcroft Apartments' rental office.
    2. If, after the notices at Appendix C are distributed, a current tenant does not choose to request all of the available retrofitting, the modifications specified at Appendix B shall be made before the unit is occupied by another tenant.
    3. Notwithstanding the foregoing provisions, all covered ground floor units must be retrofitted according to Appendix B within five years after entry of this Consent Decree, even if there has not been a vacancy in that unit since the entry of this Decree.
    4. If any of the required accessibility modifications to units at Foxcroft Apartments require dislocation of current tenants, then Defendants shall pay that tenant's actual relocation and housing expenses, with the total payment not to exceed the United States per diem for the Naperville area, while the retrofits are being made.
    5. On a yearly basis, until completion of the modifications set forth at Appendix B, beginning one year from the entry of this Decree, an architectural firm (or other person or entity with expertise in the design and construction requirements applicable to multifamily housing), approved by the United States, shall conduct on-site surveys at Foxcroft Apartments and provide written certification to the parties as to whether or not the Defendants have made the modifications in accordance with Appendix B.
    6. If such surveys indicate that not all of the required retrofits have been made, Defendants shall correct any deficiencies within 30 days and submit a new certification. This process shall continue until the person or entity certifies that all of the modifications in Appendix B have been made. Defendants shall pay all costs associated with the surveys and certifications specified above.
  4. Nondiscriminatory rental procedures:
    1. Defendants will revise their application materials in a manner approved by the United States, to provide notice to all prospective tenants that they will provide "wing-it" mounted grab bars upon request, at no expense to the resident.
    2. Defendants shall not attempt to steer persons inquiring about availabilities at Foxcroft Apartments to particular apartments or sections of the complex on the basis of that person's disability or the disability of a person who is associated with that person, nor on the basis of which units have already been retrofitted.
    3. Defendants shall also include a provision, approved by the United States, in all leases that expire beyond the five year limit of this Decree, consistent with section 5(c), that the Defendants will have the right to modify the unit to bring it into compliance with the Act if the tenant is still living in the unit five years after entry of the decree.
  1. NON-DISCRIMINATION IN FUTURE DESIGN AND CONSTRUCTION
  1. For a period of five years from the date of entry of this Consent Decree, Defendants shall submit to the United States information regarding any covered multifamily dwellings that they design and/or intend to build, including any additional dwellings at Foxcroft Apartments. The information shall be submitted before any applications are made for initial building permits. The following information shall be submitted: a) the name and address of the project; b) the names and addresses of all architects and site engineers; c) a description of the project and the individual units, including number and type of dwellings and amenities in the project; and d) a statement by an architect knowledgeable in the design and construction requirements of the Act, the ADA, and the relevant guidelines and regulations, describing his/her knowledge and training in accessible design, and which certifies that he/she has reviewed the architectural, mechanical, and civil engineering plans and that the plans include design specifications that to the best of his or her knowledge or belief, comply with the requirements of 42 U.S.C. § 3604(f)(3)(C), HUD's Fair Housing Guidelines, 42 U.S.C. § 12183(a)(1), and 28 C.F.R. Part 36.
  1. COMPENSATION FOR AGGRIEVED PERSONS
  1. Within 60 days of the entry of this Decree, Defendants shall deposit in a separate, interest-bearing, money-market account (the "fund") the total sum of FORTY THOUSAND ($40,000) for the purpose of compensating any aggrieved persons who may have suffered as a result of Defendants' failure to design and construct Foxcroft Apartments in compliance with the Act. Defendants shall be responsible for paying any fees, taxes, or administrative expenses associated with the fund. Any interest that accrues shall be the property of the fund.
  2. Within 45 days of the entry of this Decree, Defendants shall publish a Notice to Potential Victims of Housing Discrimination ("Notice") (Appendix E) informing readers of the possibility of obtaining relief. The Notice shall be no smaller than three columns by six inches and shall be published in both The Chicago Tribune and The Chicago Sun Times hard copy and internet editions. The Chicago Tribune and The Chicago Sun Times notices will not be published on the same day. Neither publication date shall be on a Saturday or a holiday. Within 10 days of either publication date, Defendants shall provide the newspaper containing the Notice to counsel for the United States.
  3. Within 10 days of the entry of this Decree, Defendants shall send a copy of the Notice to the following organizations:
    1. Access Living of Metropolitan Chicago
    2. The Chicago Area Fair Housing Alliance
    3. Chicago Lawyers' Committee for Civil Rights
    4. Coalition of Citizens with Disabilities in Illinois (Chicago Chapter)
    5. Council for Disability Rights
    6. Design for Change
    7. DuPage Center for Independent Living
    8. Equip for Equality
    9. Family Resource Center for Disabilities
    10. Great Lakes Disability Business and Technical Assistance Center
    11. Hope Fair Housing
    12. Legal Assistance Foundation of Chicago
    13. Legal Clinic for the Disabled
    14. Mayor's Office of People with Disabilities
    15. National Center for Latinos with Disabilities
    16. Paralyzed Veterans of America
    17. Progress Center for Independent Living
    18. State Department of Human Services, Department of Rehabilitation Services

    The contact information for these groups is attached at Appendix F.

  4. Nothing in this section shall preclude the United States from making its own efforts to locate and provide notice to potential aggrieved persons.
  5. The United States shall determine in its sole discretion who is aggrieved and the appropriate amount of damages to be paid to such persons. The United States shall inform Defendants of these determinations within 180 days after Defendants notify the United States that the last notice required by paragraph 10 has been published. If the United States requires additional time to make the determinations, it will so inform Defendants. Within 30 days after the United States has informed Defendants of its determinations, Defendants shall send payment to the aggrieved parties in the form of a cashier's check care of the United States, or as otherwise directed by the United States.
  6. No person shall be paid until he/she has submitted to the United States a sworn declaration setting forth the factual basis of the claim.
  7. No person shall be paid until the United States has provided a copy of his/her declaration to Defendants, and Defendants have had 14 days to review the declaration and provide any documents or information that they believe may refute the claim to the United States.
  8. No person shall be paid until after he/she executes and delivers to counsel for the United States a written release of all claims, legal or equitable, which he, she or a member of his/her family might have against Defendants relating to the claims asserted in this lawsuit.
  9. In the event that the United States distributes less than the total amount in the account including accrued interest to aggrieved persons, Defendants shall pay from the fund the money remaining in the account to a fair housing organization, independent living center, or other appropriate organization in the Chicago area approved by the United States for the purpose of providing increased housing and/or residential accessibility for persons with disabilities.
  10. The parties understand and agree that any payments pursuant to this section are made in settlement of disputed claims, and do not in any way constitute an admission of liability toward any person receiving any such payment.
  11. Upon at least 30 days' notice to Defendants, representatives of the United States shall be permitted to inspect and copy any of Defendants' records relating to the administration of the fund.
  1. CIVIL PENALTY
  1. Within 10 days of the date of entry of this Decree, Defendants shall pay the total sum of THREE THOUSAND DOLLARS ($3,000) to the United States as a civil penalty pursuant to 42 U.S.C. § 3614(d)(1)(C). Said sum shall be paid by sending to plaintiff's counsel a check made payable to "United States of America." Defendants are making this payment in settlement of a disputed claim and it does not constitute an admission of liability on the part of Defendants.
  1. EDUCATIONAL PROGRAM
  1. Within 30 days of the entry of this Decree, Defendants shall provide a copy of this Decree to all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings and secure the signed statement, attached hereto as Appendix G, from each agent or employee acknowledging that he/she has received, read and understands the Decree.
  2. Within 30 days after the date on which a new employee or agent commences employment or an agency relationship with Defendants, each new employee or agent involved in the design, construction, rental, or sale of covered multifamily dwellings shall be given a copy of this Decree and be required to sign the statement, attached hereto as Appendix F, acknowledging that he/she has received, read and understands the Decree.
  3. Within 90 days of the entry of this Decree, or as soon thereafter as a mutually agreed upon training session is offered, Defendants, and all their agents and employees involved in the design, construction, rental, or sale of covered multifamily dwellings (including employees of any management company retained for the operation or management of Foxcroft Apartments) shall attend a fair housing training session conducted by Hope Fair Housing, or another entity approved by the United States. Defendants shall pay all costs of the training. Defendants shall secure a written certification from the trainer of each agent's and employee's attendance at the fair housing training.
  1. PUBLIC NOTICE OF NON-DISCRIMINATION POLICY
  1. During the term of this Decree, Defendants shall post and prominently display the federal Fair Housing Poster as described by 24 C.F.R. 110.15 and 110.25 in the sales or rental offices of all dwellings owned or operated by them, including Foxcroft Apartments, and in any other place in which persons may inquire about buying or renting dwellings from Defendants.
  2. During the term of this Decree, Defendants shall prominently include the phrase "Equal Housing Opportunity" or the fair housing logo as well as the phrase "Wheelchair Accessible" or the international symbol of accessibility in all newspapers and other written advertisements for covered multifamily dwellings rented or sold by Defendants. If human models are used in any promotional literature, Defendants shall consider using models with disabilities in such promotional literature.
  3. Once Foxcroft Apartments has been brought into compliance with the Act and the ADA, as described in section II, above, and for the term of this Decree, Defendants shall place in a conspicuous location in all future advertisements, brochures and promotional literature (including advertisements or promotional materials on the internet) regarding Foxcroft Apartment's covered multifamily dwellings, a statement that the dwelling units meet the Act's accessibility requirements at 42 U.S.C. § 3604(f)(3).
  4. If Defendants build any new covered multi-family dwellings or units, Defendants will notify the organizations included at Appendix E that the units are available and accessible under the Act.
  1. ADDITIONAL REPORTING AND DOCUMENT RETENTION REQUIREMENTS
  1. For the duration of this Decree, Defendants shall advise counsel for the United States in writing within 15 days of receipt of any formal or informal complaint against them, their employees or agents, regarding equal opportunity in housing, including any complaints of discrimination under the Act or the ADA. Defendants shall also promptly provide the United States all information it may request concerning any such complaint.
  2. For the duration of this Decree, Defendants are required to preserve all records related to this Decree regarding Foxcroft Apartments and all future covered multifamily dwellings designed, constructed, owned, operated or acquired by them. Upon reasonable notice to Defendants, representatives of the United States shall be permitted to inspect and copy any of Defendants' records or inspect any covered dwelling or any covered public and common use areas under Defendants' control at any and all reasonable times so as to determine compliance with the Consent Decree.
  3. Within 180 days after the entry of this Decree, and thereafter on the anniversary of entry of this Decree throughout the term of the Decree, Defendants shall submit a report that includes the following:
    1. all documents respecting the modifications required in section II of this Decree;
    2. the signed statement of each agent and employee acknowledging that he/she received, read and understands the Decree;
    3. written certification of each agent's and employee's attendance at fair housing training;
    4. all representative advertising or promotional literature regarding the Defendants' covered multifamily dwellings; (3) and
    5. copies of any signed leases not already reported, which expire beyond the term of this consent order in the event the retrofits have not yet been completed when those leases are executed.
  1. DURATION OF DECREE AND TERMINATION OF LEGAL ACTION
  1. This Consent Decree shall remain in effect for five years and three months after the date of its entry, or three months after certification of completion of the retrofits described in Appendices A & B is delivered to the United States, whichever is sooner.
  2. The United States' claims against D'Bar Builders, Inc. are hereby dismissed with prejudice, with both parties to bear their own costs and attorney fees. With respect to the United States' claims against all other defendants, this action is dismissed with prejudice, provided, however, that the Court shall retain jurisdiction for the term of this Consent Decree to enforce the terms of the Decree. The United States may move the Court to extend the duration of the Decree in the interests of justice.
  3. The United States and Defendants shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Decree prior to bringing such matters to the Court for resolution. However, in the event of a failure by Defendants to perform in a timely manner any act required by this Decree or otherwise to act in conformance with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and reasonable attorneys' fees which may have been occasioned by the violation or failure to perform.
  1. TIME FOR PERFORMANCE
  1. Any time limits for performance imposed by this Consent Decree may be extended by the mutual agreement of the United States and the relevant Defendants.
  1. COSTS OF LITIGATION
  1. Each party to this Consent Decree shall bear its own costs and attorney's fees associated with this litigation.

IT IS SO ORDERED:

This ______ day of _________________, 2001.

________________________________
UNITED STATES DISTRICT JUDGE

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

FOR THE PLAINTIFF:

RALPH F. BOYD, JR.
Assistant Attorney General

PATRICK J. FITZGERALD
United States Attorney

JOAN C. LASER
Assistant United States Attorney

JOAN A. MAGAGNA
Chief
TIMOTHY J. MORAN
Deputy Chief
WINIFRED KAO
Attorney
United States Department of Justice
Civil Rights Division
Housing & Civil Enforcement Section (NWB)
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
202-616-2217

Date

FOR DEFENDANTS FOXCROFT PARTNERSHIP, WILFRED BARRY, and FOXCROFT MANAGEMENT AND CONSTRUCTION, INC.:

THERESA L. KITAY, ESQ.
Coughlin & Kitay, P.C.
3091 Holcomb Bridge Road
Norcross, GA 30071
Attorney for Defendants Foxcroft Partnership,
Wilfred Barry, D'Abar Builders, Inc. and
Foxcroft Management & Construction, Inc.

Date

MICHAEL McCORMICK, ESQ.
Momkus Ozog & McCluskey, LLC
P.O. Box 9250
3051 Oak Grove Drive, Suite 220
Downers Grove, IL 60515-9250
Attorney for Defendants Foxcroft Partnership,
Wilfred Barry, D'Abar Builders, Inc. and
Foxcroft Management and Construction, Inc.

Date

APPENDIX A ACCESSIBILITY MODIFICATIONS TO PUBLIC AND COMMON USE AREAS AT FOXCROFT APARTMENTS (4)

TOTAL ESTIMATED COST: $80,000

Defendants shall undertake the following corrective actions to resolve the concerns of the United States with regard to the compliance with the Fair Housing Act of the public and common use areas at Foxcroft Apartments:

  1. Install lever hardware on primary entry doors to covered units and common areas;
  2. Lower thresholds at primary entry doors of covered units so that the exterior threshold combined with height difference between interior and exterior finish surfaces does not exceed 1.25" [Req. 4(4) & (6)];
  3. Correct maneuvering spaces at the entry doors to units 103 and 135 of building 11 so the cross slope does not exceed 2% (5) [Req. 2; ANSI Sec. 4.13.6];
  4. Correct slopes and cross slopes on the paths from parking spaces to accessible entrances at buildings 11, 31, 35, 43, and the rental office, (6) so they do not exceed 8.33% and 2% respectively. If the slopes exceed 5% they must be constructed as ramps [Req. 2; ANSI Sec. 4.3.7];
  5. Ramp or remove steps greater than .25" that are not beveled or ramped in entry walkways to covered units and as necessary to provide an accessible route to public and common use areas [Req. 2; ANSI Sec. 4.5.2];
  6. Correct paths from parking spaces to accessible entrances so they are at least 36" wide [Req. 2; ANSI Sec. 4.3.3];
  7. Provide an accessible garage parking space with appropriate signage [Req. 2; ANSI Sec. 2.2];
  8. Raise the signage for accessible parking to a minimum height of 60" [Req. 2; ANSI Sec. 4.6.2];
  9. Widen access aisles to accessible parking spaces to at least 60" [Req. 2; ANSI Sec. 4.6.2];
  10. Correct the slopes of the parking access aisles so they do not exceed 5% unless constructed as a ramp [Req. 2; ANSI Sec. 4.6.2, 4.3.7];
  11. Correct clear floor space in front of the mailboxes so that the slope does not exceed 5% unless constructed as a ramp [Req. 2; ANSI Sec. 4.3.7];
  12. Modify clubhouse toilet rooms as follows:
    1. Install lever hardware for the doors [Req. 2; ANSI Sec. 4.13.9];
    2. Install grab bars at the water closet [Req. 2; ANSI Sec. 4.17.6];
    3. Adapt height of water closet to between 17" and 19" measured at the top of the toilet seat [Req. 2; ANSI Sec. 4.16.3];
    4. Move water closet in men's toilet room to 18" from wall [Req. 2; ANSI Sec. 4.16.2];
    5. Install ADAAG-compliant signage [Req. 2; ANSI Sec. 4.28; Standards, App. A, 4.30.6];
    6. Install ANSI-compliant faucet controls [Req. 2; ANSI Sec. 4.19.5];
    7. Reverse swing of door to create maneuvering space [Req. 2; ANSI Sec. 4.13.6, 4.22.2];
    8. Lower mirrors to ANSI-acceptable height [Req. 2; ANSI Sec. 4.19.6];
    9. Install continuous flow toilet paper dispenser [Standards, App. A, 4.16.6];
    10. Lower paper towel dispenser to ANSI-acceptable height [Req. 2; ANSI Sec. 4.22.4];
  13. Retrofit clubhouse kitchenette so that there is an ADA compliant work space [Req. 2; ANSI Sec. 4.30.4];
  14. Install ANSI-acceptable hardware on all doors at the clubhouse [Req. 2; ANSI Sec. 4.13.9];
  15. Install an automatic opener for the clubhouse side door [Req. 2; ANSI Sec. 4.13.6];
  16. Lower the interior side threshold of the door to the clubhouse located on the accessible route to no more than .5" [Req.2; ANSI Sec. 4.13.8];
  17. Adjust clubhouse drinking fountains to no higher than 36" [Req. 2; ANSI Sec. 4.15.2];
  18. Lower public telephone to no higher than 54" above grade [Req. 2; ANSI Sec. 2.2, 4.29.3];
  19. Create an ANSI-compliant van accessible parking space at the rental office [Standards, App. A, 4.1.2(5)(b)];

APPENDIX B ACCESSIBILITY MODIFICATIONS TO GROUND-FLOOR UNITS AT FOXCROFT APARTMENTS TO BE COMPLETED DURING EARLIEST VACANCY OR EARLIER IF CURRENT TENANT SO REQUESTS (7)

TOTAL ESTIMATED COST: $300,000

PHASE I, RED FOX UNITS

  1. Reverse the swing of the bathroom door to provide a 36" wide accessible route to the washer and dryer [Req. 4(1)];
  2. Pocket the header of a 2' 10" wide door to the bathroom to create a nominal 32" wide opening [Req. 3];
  3. Install an offset sink vanity top to allow a centered parallel approach to the sink [Req. 7(2)];
  4. Widen the bedroom doorway to provide a 32" nominal width [Req. 3];
  5. Move the shelves and hanging rod in the coat closet within accessible reach;
  6. Install an offset ring on at least one over-the-counter electrical outlet in the kitchen to lower the outlet to a maximum height of 44" [Req. 5];
  7. Install an offset ring on at least one electrical outlet per room to raise the outlet to a minimum height of 15" [Req. 5]; and
  8. Provide wing-it mounted grab bars for the bathroom upon request [Req. 6].

PHASE I, SILVER FOX UNITS

  1. Widen the bathroom doorway to provide a 32" nominal width [Req. 3];
  2. Install an offset flange to move the centerline of the toilet closet to the tub, and replace the existing vanity with a pedestal sink whose centerline is located no less than 24" from the adjacent wall, thus creating a 33" clearance between the sink and the tub, as well as a centered approach to the sink [Req. 7(2)];
  3. Widen the second bedroom doorway to provide a 32" nominal width [Req. 3];
  4. Install an offset ring on at least one electrical outlet in the kitchen to lower the outlet to a maximum height of 44" [Req. 5];
  5. Narrow the wall between the dining room and the kitchen to recess the refrigerator an additional 4" to provide a more accessible wheelchair approach to both the refrigerator and the washer/dryer [Req. 7(1)];
  6. Install a sink with an offset bowl and faucet to provide a centered, parallel approach to the kitchen sink [Req. 7(1)];
  7. Widen the master bedroom doorway to provide a 32" nominal width [Req. 3];
  8. Widen the patio doorway to provide a 32" nominal width [Req. 3]; and
  9. Provide wing-it mounted grab bars for the bathroom upon request [Req. 6].

PHASE I, FOX DEN UNITS

  1. To the extent that the thermostat is more than 54" above grade, lower the thermostat to 48" [Req. 5; ANSI Sec. 4.2.6];
  2. Widen the second bedroom doorway to provide a 32" nominal width [Req. 3];
  3. Widen bathroom doorways to provide a 32" nominal width [Req. 3];
  4. Replace the bathroom lavatory and cabinets with a pedestal sink to allow a centered wheelchair approach to the sink, toilet, and bathtub [Req. 7(2)];
  5. Swap the location of the stove and refrigerator to allow a centered parallel approach to the stove [Req. 7(1)];
  6. Widen the master bath doorway to provide a 32" nominal width [Req. 3];
  7. Widen the master bedroom doorway to provide a 32" nominal width [Req. 3];
  8. Widen the master bedroom walk-in closet doorway to provide a 32" nominal width [Req. 3];
  9. Widen the patio doorway to provide a 32" nominal width [Req. 3];
  10. Reverse the swing of the utility-room door and move it back to provide a 36" accessible route past the washer/dryer unit [Req. 4(1)]; and
  11. Provide wing-it mounted grab bars for bathrooms upon request [Req. 6].

PHASE II, RED FOX UNITS

  1. Install an offset flange to move the centerline of the toilet closet to the tub, and replace the existing vanity with a pedestal sink whose centerline is located no less than 24" from the adjacent wall, thus creating a 33" clearance between the sink and the tub, as well as a centered approach to the sink [Req. 7(2)]; and
  2. Move the shelves and hanging rod forward in the coat closet.

PHASE II, SILVER FOX UNITS

  1. Install an offset flange to provide more clear space between the toilet and bathtub and 33" from the tub to the vanity, in order to allow a wheelchair approach to the toilet [Req. 7(2)(a)(ii)];
  2. Replace the lavatory cabinet in the bathroom with a removable cabinet or wall-mounted sink to allow a centered forward approach to the sink [Req. 7(2)]; and
  3. Install a sink with an offset bowl and faucet to provide a centered, parallel approach to the kitchen sink [Req. 7(1)].

PHASE II, FOX DEN UNITS

  1. Install an offset sink vanity top in the hall bathroom to allow a centered parallel approach to the sink [Req. 7(2)]; and
  2. Cut the kitchen wall and push the refrigerator back to create adequate clear floor space for wheelchair use [Req. 7(1)].

APPENDIX C TENANT NOTICE OF RETROFITS FOR FOXCROFT APARTMENTS

Foxcroft Apartments is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act (8) requires that in newer apartment communities, ground-floor apartments have certain features of physical accessibility for people with disabilities.

In a recent lawsuit, the United States Department of Justice alleged that certain areas of Foxcroft Apartments are inaccessible. We are currently in the process of modifying those areas to resolve those concerns. We welcome people with disabilities as residents and guests at Foxcroft Apartments, and would like to make them as comfortable as possible. If you would like to make your apartment more accessible, Foxcroft Apartments may be able to assist you by altering certain features of your apartment home at no cost to you. Should any of the modifications require your temporary relocation, Foxcroft Apartments will pay all reasonable relocation and housing expenses while the modifications are being made.

The alterations available to you are:

[list specific modifications depending on unit type]

It is not necessary that you or any member of your household be disabled in order to request these modifications. If you would like to request any of these modifications please contact us at: __________________.

APPENDIX E Notice to Potential Victims of Housing Discrimination

On _____________________, 2002, the United States District Court for the Northern District of Illinois entered a consent order resolving a lawsuit brought by the United States Department of Justice against certain builders and developers alleging that they failed to include certain handicap accessible features required by the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(C), at Foxcroft Apartments at 27 Foxcroft Road in Naperville, Illinois.

In that lawsuit, the Department of Justice alleges that Foxcroft Apartments does not comply with the law because:

  1. Some of the public and common use areas (recreation building and areas, paths, etc.) arenot readily accessible to persons with disabilities;
  2. Some ground-floor apartment doors are too narrow for most wheelchairs;
  3. Some routes into and through some ground-floor apartments are not readily accessible for persons in wheelchairs;
  4. Some ground-floor apartments have electrical outlets and thermostats that are too high or too low to be reached by persons in wheelchairs;
  5. Some ground-floor apartment bathroom walls are not reinforced to allow the later installation of grab bars; and
  6. Some ground-floor apartment bathrooms and kitchens do not have sufficient space for persons in wheelchairs to move around.

Under this consent order, you may be entitled to receive monetary relief if you or anyone you know

  • WAS DISCOURAGED FROM LIVING AT FOXCROFT APARTMENTS BECAUSE OF THE LACK OF ACCESSIBILITY FEATURES;
  • HAS BEEN HURT IN ANY WAY BY THE LACK OF HANDICAP ACCESSIBILITY FEATURES AT FOXCROFT APARTMENTS;
  • PAID TO HAVE YOUR APARTMENT AT FOXCROFT APARTMENTS MADE MORE HANDICAP ACCESSIBLE; OR
  • WAS OTHERWISE DISCRIMINATED AGAINST ON THE BASIS OF DISABILITY AT FOXCROFT APARTMENTS.

If you wish to make a claim for discrimination on the basis of disability, or if you have any information about persons who may have such a claim, please contact the United States Department of Justice at 1-800-896-7743. You may also write to:





 

Note: You should call or write no later than ______________, 2002.

APPENDIX F ORGANIZATION CONTACT LIST

Access Living of Metropolitan Chicago
614 W. Roosevelt Road
Chicago, IL 60607
T: (312) 253-7000
F: (312) 253-7001

Chicago Area Fair Housing Alliance
P.O. Box 1892
Chicago, Illinois 60690
T: (312) 409-3884

Chicago Lawyers' Committee for Civil Rights
100 N. LaSalle St., 6th Floor
Chicago, IL 60602
T: (312) 630-9744
F: (312) 630-1127

Coalition of Citizens with Disabilities in Illinois (Chicago Chapter)
300 E. Monroe St., Suite 100
Springfield, IL 62701
T: (217) 522-7016
F: (217) 522-7024

Council for Disability Rights
205 W. Randolph St., Suite 1650
Chicago, IL 60606
T: (312) 444-9484
F: (312) 444-1977

Design for Change
29 E. Madison St., Suite 950
Chicago, IL 60602
T: (312) 236-7252
F: (312) 236-7927

DuPage Center for Independent Living
739 Roosevelt Rd, Building 8, Suite 109
Glen Ellyn, IL 60137
T: (630) 469-2300
F: (630) 469-2606

Equip for Equality
11 East Adams St., Suite 1200
Chicago, IL 60603
T: (312) 341-0022
F: (312) 341-0295

Family Resource Center for Disabilities
20 E. Jackson, Suite 300
Chicago, IL 60604
T: (312) 939-3513
F: (312) 939-7297

Great Lakes Disability Business and Technical Assistance Center
1640 W. Roosevelt Rd.
Chicago, IL 60608
T: (312) 996-1059
F: (312) 413-1856

HOPE Fair Housing Center
2100 Manchester Road
Suite 1070, Building B
Wheaton, IL 60187
T: (630) 690-6500
F: (630) 690-6586

Legal Assistance Foundation of Chicago
111 West Jackson Blvd, 3rd Floor
Chicago, IL 60604
T: (312) 341-1070
F: (312) 341-1041

Legal Clinic for the Disabled
710 Lakeshore Drive, 3rd Floor
Chicago, IL 60611
T: (312) 908-4463
F: (312) 908-0866

Mayor's Office of People with Disabilities
2102 W. Ogden Avenue
Chicago, IL 60612
T: (312) 744-6673
F: (312) 746-5787

National Center for Latinos with Disabilities
1915 S. Blue Island Avenue
Chicago, IL 60608
T: (312) 666-3393
F: (312) 666-1787

Paralyzed Veterans of America,
Vaughan Chapter
P.O. Box 1337
Hines, IL 60141-1337
T: (708) 344-8214
F: (708) 344-8297

Progress Center for Independent Living
7521 Madison St.
Forest Park, IL 60130
T: (708) 209-1500
F: (708) 209-1735

State Department of Human Services,
Department of Rehabilitation Services
100 W. Randolph St., Suite 8-100
Chicago, IL 60601
T: (312) 814-2934
F: (312) 814-2923

APPENDIX G EMPLOYEE FAIR HOUSING ACKNOWLEDGMENT FORM

I hereby acknowledge that I have received, read and understand the Consent Order entered in United States v. Foxcroft Partnership, et al., Case No. 01C-0365.

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

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

___________________________
Signature of Employee

___________________________
Name of Employee (Printed)

___________________________
Name of Employer(s)

___________________________
Employee's Job Position or Title

1. Foxcroft Management and Construction, Inc. has since been dissolved.

2. All submissions to the United States or its counsel shall be made to: U.S. Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530, Attn: DJ No. 175-23-691, or as otherwise directed by counsel for the United States.

3. This information need only be submitted for the first year of reporting.

4. The bracketed cites refer to the requirements listed in the 1991 HUD Final Fair Housing Accessibility Guidelines (24 C.F.R. 100.205), the sections of the American National Standards Institute 1986 Guidelines (ANSI A117.1 - 1986), and the Standards for Accessible Design for the Americans with Disabilities Act Accessibility Guidelines 28 C.F.R. Pt. 36 ("Standards").

5. These areas are described in more detail at nos. 59 and 67 of Plaintiff's site survey report.

6. These areas are described in more detail at nos. 71, 110, 111, 112, 116, 133 and 186 of Plaintiff's site survey report.

7. The bracketed cites refer to the requirements listed in the 1991 HUD Final Fair Housing Accessibility Guidelines (24 C.F.R. 100.205), the sections of the American National Standards Institute 1986 Guidelines (ANSI A117.1 - 1986), and the Standards for Accessible Design for the Americans with Disabilities Act, 28 C.F.R. Pt. 35 ("Standards").

8. 42 U.S.C. § 3601 et seq.

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

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

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

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

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

Document Filed: May 2, 2002 > >

Updated May 31, 2023