AMENDED JUDGMENT PURSUANT TO CORRECTED SETTLEMENT AGREEMENT BY AND BETWEEN CITY OF LOS ANGELES AND PLAINTIFFS

FERNANDO M. OLGUIN, District Judge.

WHEREAS, the City of Los Angeles, a defendant in this action (the "City") and the Independent Living Center of Southern California ("ILCSC"), the Fair Housing Council of the San Fernando Valley ("FHC") and Communities Actively Living Independent and Free ("CALIF") (collectively referred to herein as "Plaintiffs") have entered into a Corrected Settlement Agreement; and

WHEREAS, the Court has jurisdiction over the subject matter of this action, the Plaintiffs, the City, and the Corrected Settlement Agreement; and

WHEREAS, upon consideration, the Court finds the Corrected Settlement Agreement to be fair, reasonable, and adequate.

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. For the purposes of this Judgment, the Court adopts the terms and definitions set forth in the Corrected Settlement Agreement, and all terms of the Corrected Settlement Agreement are incorporated herein by reference.

2. This Corrected Judgment Pursuant to Settlement completely resolves this civil action between Plaintiffs and the City of Los Angeles but does not resolve this action between Plaintiffs and other defendants, including the CRA/LA, a Designated Local Authority, Successor to Community Redevelopment Agency of the City of Los Angeles.

3. In accordance with the terms of the Corrected Settlement Agreement, this Court reserves exclusive and continuing jurisdiction to interpret and enforce the terms of the Corrected Settlement Agreement during the Settlement Term, and to resolve any disputes that may arise during the Settlement Term.

4. The court determines that there is no reason to delay entry of this Judgment Pursuant to the Corrected Settlement Agreement By and Between the City of Los Angeles and Plaintiffs.

IT IS SO ORDERED and ADJUDGED.

Exhibit 1

Corrected Settlement Agreement and Release of Claims

TABLE OF CONTENTS

SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

This Settlement Agreement and Release of Claims (the "Agreement") is entered into between the City of Los Angeles (the "City"), a municipal corporation, and Independent Living Center of Southern California ("ILCSC"), Fair Housing Council of San Fernando Valley ("FHC"), and Communities Actively Living Independent and Free ("CALIF") (collectively referred to herein as "Plaintiffs"). The City and the Plaintiffs are referred to herein collectively as "the Parties."

I RECITALS

This Agreement is made and entered into with reference to the following facts:

1. On January 13, 2012, Plaintiffs commenced litigation against the City and CRA/LA, A Designated Local Authority, Successor to Community Redevelopment Agency of the City of Los Angeles ("CRA/LA") known as Independent Living Center of Southern California, et al. v. City of Los Angeles, et al., filed on January 13, 2012, in the U.S. District Court for the Central District of California, Case No. 2:12-cv-00551-FMO-PJW (the "Litigation"). The Litigation concerns multifamily apartment buildings that received or will receive any Federal financial assistance from the City after July 11, 1988, and/or (2) was or will be designed, constructed, altered, operated, administered, or financed, in whole or in part, in connection with a program administered in whole or in part by the City since January 26, 1992. Plaintiffs also joined, for Rule 19 purposes, a total of 61 owners of multifamily properties that had been assisted by the City or CRA ("Owner Defendants"). The CRA/LA and Owner Defendants are not Parties to this agreement.

2. On August 20, 2012, the Plaintiffs filed a Second Amended Complaint ("SAC"), which remains the operative complaint in this proceeding. The SAC alleges that the City and CRA/LA engaged in a pattern or practice of discrimination against people with disabilities—in violation of Section 504 of the Rehabilitation Act of 1973 ("Section 504"), 29 U.S.C. § 794; Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132; and California Government Code Section 11135, et seq. ("Section 11135")—by failing to ensure that multifamily housing funded, developed or significantly assisted by the City or CRA is accessible and made meaningfully available to people with disabilities. The SAC names the City as a defendant in its own capacity and in its capacity as the successor housing agency under the Redevelopment Dissolution Law, following dissolution of the former Community Redevelopment Agency of the City of Los Angeles, as further described in the SAC, Paragraph 35 et seq.

3. On November 29, 2012, the Hon. S. James Otero denied the City's and CRA/LA's motion to dismiss with respect to Plaintiffs' claims under Section 504, the ADA and Section 11135.

4. Plaintiffs sought by this Litigation to ensure that multifamily housing developments in Los Angeles built at least in part with public funds or in connection with City programs are made accessible and meaningfully available to people with disabilities. They also sought to ensure that the City and CRA/LA comply with their own program access and other obligations to people with disabilities with respect to the operation of multifamily housing programs as they relate to people with disabilities, in accordance with the requirements of Section 504, the ADA, and Section 11135.

5. The City represents that Exhibit A to this Agreement is a full and complete listing of (1) all of the Housing Developments that received any Federal financial assistance from the City since July 11, 1988, plus (2) all of the Housing Developments that were designed, constructed, altered, operated, administered, or financed, in whole or in part, in connection with a program administered in whole or in part by the City since January 26, 1992, with the exception of Housing Developments listed in Exhibit B to this Agreement. The City further represents that there are no omissions from the listing other than those Housing Developments listed in Exhibit B and that the City will promptly advise Plaintiffs and supplement the listing if it learns at any time that any Housing Development that should have been on the listing was excluded.

6. Exhibit B to this Agreement is a list of 22 Housing Developments that received Federal funds through the City and the CRA since July 11, 1988, and in which the City and former Community Redevelopment Agency of the City of Los Angeles entered into Cooperation Agreements or other agreements prior to June 28, 2011, which explicitly required the former Community Redevelopment Agency to fulfill outstanding obligations imposed by the U.S. Department of Housing and Urban Development in connection with the funds, including compliance with Section 504 of the Rehabilitation Act. The Housing Developments in Exhibit B are not covered by the accessibility and remediation provisions at Paragraphs III.10.(a) through III.10.(j) of this Agreement.

7. The City denies that it violated Section 504, the ADA, or Section 11135 or that it committed any discrimination. The City enters into this Agreement for settlement purposes only. The entry of the attached Final Judgment, the terms of this Agreement, and actions taken pursuant to those documents shall not be construed as an admission by the City of any fault or wrongdoing, or as an admission of the validity of any claims made by the Plaintiffs. This Agreement shall not be treated as an admission of liability or wrongdoing by any party for any purpose and shall not be used by any party in any future proceeding, in any venue whatsoever, either within the City or otherwise, on the issue of liability, knowledge, or past practice and custom.

8. During the pendency of the Litigation, Plaintiffs and the City undertook extensive discovery and engaged in extensive discussions regarding a potential resolution and settlement of the Plaintiffs' claims in the Litigation, including in mediation before private mediators. As a result of such discussions, the Parties now wish to effect a complete resolution and settlement of the claims, disputes, and controversies relating to the Plaintiffs' allegations in the Litigation, and to resolve their differences by settling such claims, disputes, and controversies under the terms set forth in this Agreement.

9. The Parties intend this Agreement to bind and apply to the City and Plaintiffs. Entry of Judgment pursuant to this Agreement shall extinguish all Released Claims (as defined below) and constitute final and complete resolution of all issues addressed herein.

10. The goal of the Agreement is to significantly enhance the accessibility of multifamily housing in Los Angeles, the availability of fair and accessible housing for individuals with a variety of disabilities, including mobility, visual and hearing disabilities, and the accessibility of the City's housing programs.

II DEFINITIONS

1. "Accessible," when used with respect to a Housing Unit or a Housing Development, means and refers to full compliance with the requirements of the Accessibility Standards for purposes of Section 504, the ADA, and Section 11135, as well as adoption of the policies attached hereto as Exhibit C.

2. "Accessible Housing Development" means a Housing Development that is Accessible, including Accessible public and common use areas, as required by Section 504 and the ADA, as well as the number and type of Accessible Housing Units that are required to be Accessible by this Agreement.

3. "Accessible Housing Units" refers collectively to Housing Units with Mobility Features and Housing Units with Hearing/Vision Features.

4. "Accessibility Laws" means Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq,; the Americans with Disabilities Act, 42 U.S.C. §12131 et seq.; California Government Code Section 11135 et seq.; implementing regulations and design standards for each of the preceding statutes; and the California Building Code.

5. For purposes of this Agreement, "Accessibility Standards" means only the following compliance standards:

6. "Alternative Accessibility Standard" means and refers to the alternative accessibility standard for new construction set out in HUD's notice at 79 Fed. Reg. 29,671 (May 23, 2014), when used in conjunction with the new construction requirements of 24 C.F.R. pt. 8, 24 C.F.R. § 8.22, and the new construction requirements of 28 C.F.R. pt. 35, including the 2010 Standards for Accessible Design as defined in 28 C.F.R. § 35.104 and as applied to public entities (excluding any elevator exceptions).

7. "Assistance Animals" means and refers to animals that work, provide assistance, or perform tasks for the benefit of a person with a disability as well as animals that provide emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance Animals include animals that are trained and untrained and include dogs and other animals.

8. "Auxiliary Aids" means and refers to aids, services, or devices that enable persons with vision, hearing, manual, or speech impairments to have an equal opportunity to participate in, or enjoy the benefits of, programs, services, or activities, including housing and other programs, services, and activities subject to the requirements of Section 504 of the Rehabilitation Act and/or the Americans with Disabilities Act. Auxiliary aids include but are not limited to the aids, services, and devices set out in the definition of auxiliary aids auxiliary aids in 24 C.F.R. § 8.3 and the definition of auxiliary aids and services in 28 C.F.R. § 35.104. See also 42 U.S.C. § 12103(1).

9. "Certification of Compliance with Accessibility Standards" means and refers to a Certification issued by the City, certifying that the Housing Development and accessible Housing Units meet the Accessibility Standards.

10. "Certification of Adoption of Housing Policies" means and refers to a Certification issued by the City certifying that the Housing Development has adopted the Housing Policies.

11. "City" means and refers to the City of Los Angeles, California.

12. "Covered Housing Development" includes all Housing Developments listed on Exhibit A, and all Housing Developments and Housing Units that are financially assisted, designed, constructed, altered, operated, administered, or financed in connection with a program administered by the City (directly or in its role as the "Housing Successor Agency" pursuant to the Redevelopment Dissolution Act), or by its Subrecipients, during the Settlement Term. Housing Developments listed in Exhibit B are covered solely for the purposes of application of Housing Policies and non-discrimination provisions, as set out in Paragraphs III.10(k), III.10(m), and III.19.

13. "Effective Date" means and refers to the effective date of this Agreement, which is the date of the latest signature on this Agreement by any of the Parties, which the Parties stipulate to be September 5, 2016, the date of the Mayor's signature approving the Official Action of the Los Angeles City Council approving this Settlement Agreement.

14. "HCID" includes the City of Los Angeles's Housing + Community Investment Department and any successor department or agency;

15. "Housing Development" or "Development" means and refers to the whole of one or more residential structures and appurtenant structures, equipment, roads, walks, and parking lots that (1) received or will receive any Federal financial assistance from or through the City and/or (2) were or are designed, constructed, altered, operated, administered, or financed in connection with a program administered by the City (directly or in its role as the "Housing Successor Agency" pursuant to the dissolution legislation) or by its Subrecipients.

16. "Housing Policies" means the policies attached as Exhibit C to this Agreement, or any mutually agreed upon subsequent policies.

17. "Housing Unit" or "Unit" means and refers to a single unit of residence that provides spaces for living, bathing, and sleeping, provided such definition shall not be construed to exclude Single Room Occupancy Units. A Housing Unit or Unit is the same as a dwelling unit.

18. "Housing Unit with Hearing/Vision Features" means and refers to a Housing Unit that complies with 24 C.F.R. § 8.22 and all applicable provisions of UFAS or the comparable provisions of the Alternative Accessibility Standard, and shall include but not be limited to section 809.5 of the 2010 Standards for Accessible Design. Hearing/Vision Features include but are not limited to visual alarms (UFAS §§ 4.34.10, 4.28.3), auxiliary alarms (UFAS §§ 4.34.10, 4.28.4), telephone volume controls and hearing aid compatibility (UFAS § 4.31.5), protections against protruding objects (UFAS § 4.4), stairway requirements (UFAS §§ 4.9, 4.26.4), protections against exposed pipes and surfaces (UFAS §§ 4.19.4, 4.24.6, 4.34.6.5(8)), audible alarms (UFAS § 4.28.2), signage (UFAS § 4.30), push button controls for telephones (UFAS § 4.31.6), consumer information (UFAS § 4.34.4), and range, cooktop, and oven controls (UFAS §§ 4.34.6.6, 4.34.6.7).

19. "Housing Unit with Mobility Features" means and refers to a Housing Unit that is located on an accessible route and complies with the requirements of 24 C.F.R. § 8.22 and all applicable provisions of UFAS or the comparable provisions of the Alternative Accessibility Standard including but not limited to sections 809.2 through 809.4 of the 2010 Standards for Accessible Design. A Housing Unit with Mobility Features can be approached, entered, and used by persons with mobility disabilities, including individuals who use wheelchairs.

20. "Judgment" means a judgment entered by the District Court in this Litigation, substantially in the form attached to this Agreement as Exhibit D that, among other things, fully approves and incorporates the terms of this Agreement and retains the District Court's jurisdiction to enforce the Agreement throughout the Settlement Term.

21. "Owner" means and refers to an owner of a Housing Development and such owner's successors and assigns that (1) has received, receives, or will receive any Federal financial assistance from the City since July 11, 1988, and/or (2) was, is, or will be the Owner of a Housing Development designed, constructed, altered, operated, administered, or financed, in whole or in part, in connection with a program administered in whole or in part by the City since January 26, 1992. An Owner may also be a Subrecipient.

22. "Person with a Disability" means and refers to a person who has a physical or mental impairment that substantially limits one or more major life activities such as caring for oneself, manual tasks, walking, seeing, hearing, speaking, breathing, or learning; has a record of such impairment; or is regarded as having such an impairment. See 24 C.F.R. § 8.3, as modified by the ADA Amendments Act of 2008, Pub. L. 110-325, §7(2), 122 Stat. 3558 (September 25, 2008), amending 29 U.S.C. §705(20). This definition includes people with disabilities as defined in Cal. Gov. Code Sec. 12926 to the extent that provision is more inclusive than federal law.

23. "Program Access" means applicable Accessibility Laws directing a public entity to operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by Persons with Disabilities.

24. "Property Management Agent" means and refers to a person or entity that manages one or more of the Housing Developments Covered by this Agreement on behalf of an Owner.

25. "Reasonable Accommodation" means a change in rules, policies, practices, or procedures that is necessary, pursuant to the Fair Housing Act, to provide a person with a disability an equal opportunity to use and enjoy a Housing Unit.

26. "Reasonable Modification" means a change in rules, policies, practices, or procedures that is necessary, pursuant to Section 504 or the ADA, to provide a person with a disability an equal opportunity to use and enjoy a Housing Unit. Pursuant to the Fair Housing Act, "Reasonable Modification" means any reasonable physical or structural change to a Housing Unit or a public or common use area.

27. "Registry" refers to the Internet-based Accessible Housing Registry described in Paragraph III.10.(m), below.

28. "Settlement Coordinator" or "Section 504/ADA Coordinator for Accessible Housing" means the individual designated by the City pursuant to and in accordance with Paragraph III.14, below.

29. "Settlement Term" means the period of time commencing with the Effective Date and extending for ten (10) years after the District Court's entry of Judgment, or until the Target Number of Accessible Units is achieved, whichever occurs later.

30. "Subrecipient" means and refers to any public or private agency, institution, organization, or other entity or person to which Federal financial assistance or financial assistance from or through the City is extended. A Subrecipient also means a non-Federal entity that receives a sub-award from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 24 C.F.R. §200.93. A Subrecipient may also be an Owner.

31. "Substantial Rehabilitation" has the same meaning as in 24 C.F.R. § 8.23.

32. "Target Number of Accessible Units" means the number of apartment units the City must cause to be Accessible pursuant to this Agreement to meet its obligations under this Agreement within ten (10) years of the Effective Date. The Parties have agreed that the Target Number of Accessible Units is Four Thousand (4,000).

33. "Uniform Federal Accessibility Standards" or "UFAS" means and refers to a set of scoping requirements and standards for the design and construction of buildings and facilities to ensure that they are readily accessible to and usable by persons with disabilities. See Appendix A to 24 C.F.R. subpart 40 for residential structures and Appendix A to 41 C.F.R. subpart 101-19.6 for general-type. Pursuant to 24 C.F.R. § 8.32(a), effective July 11, 1988, the design, construction, or alteration of buildings in conformance with sections 3-8 of UFAS shall be deemed to comply, inter alia, with the requirements of 24 C.F.R. § 8.22.

III. SCOPE AND TERMS OF THE AGREEMENT

NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties stipulate, and intend that the District Court will make the following findings as part of the Final Judgment:

1. Recitals. The recitals set forth above are incorporated by reference in this Section and made a part of this Agreement.

2. Jurisdiction. The Court has personal jurisdiction over Plaintiffs and the City for purposes of this Action and jurisdiction over this Action pursuant to 28 U.S.C. §§ 1331 and 1367, and 28 U.S.C. §§ 2201 and 2202. Relief may be granted pursuant to 29 U.S.C. § 794a and 42 U.S.C. § 12132 et seq. Venue is proper in this District.

3. Binding Effect. The provisions of this Agreement shall be binding upon the Parties, and shall become effective on the Effective Date.

4. Purpose of Settlement. To avoid the cost, expense, and uncertainty of protracted litigation, the City and Plaintiffs enter into this Agreement, which shall be binding upon the City and Plaintiffs and extinguish all Released Claims and shall constitute the final and compete resolution of all issues addressed herein. Pursuant to the terms of this Agreement, the City will undertake the actions described below for the purpose of ensuring that City-assisted housing programs, services, and activities are in compliance with the accessibility requirements of Section 504, the ADA, and Section 11135.

5. Approval by the District Court. The Parties intend that this Agreement be approved by the District Court, and that the District Court retain jurisdiction for the Term of this Agreement to resolve any dispute regarding compliance with the Agreement that cannot be resolved through the process described in Section VII, below. Furthermore, upon such approval, the District Court shall enter the Judgment under Rule 54(b) of the Federal Rules of Civil Procedure (substantially in the form attached to this Agreement as Exhibit D.)

6. Term of Agreement. The District Court shall have continuing jurisdiction over this Agreement throughout the Settlement Term. This Agreement shall expire ten (10) years after entry of Judgment by the District Court, or when the Target Number of Accessible Units is achieved, whichever is later. Nothing in this Paragraph shall bar any Party from moving for an extension of the Agreement to enforce any obligations herein.

7. City's Commitment to Provide Affordable, Accessible Housing. The City shall take the actions set forth in this Agreement to provide accessibility for persons with disabilities in its housing-related programs. Among other things, the City shall ensure over the Settlement Term the production of the Target Number of Accessible Units by means of inspecting Existing Housing Developments to determine compliance with this Agreement, causing, to the extent possible, Subrecipients and Owners to carry out construction to remedy non-compliance with requirements set out in this Agreement, and taking all other actions necessary to provide for Four Thousand (4,000) Accessible Housing Units in Accessible Housing Developments as required by this Agreement by no later than ten years after the Effective Date. The failure of the City to secure the cooperation of any Subrecipient or Owner with efforts to remedy non-compliance with requirements set out in this Agreement shall not excuse the City's obligation to achieve the Target Number of Accessible Units. To accomplish the activities in this Agreement, the City shall carry out a program with a value that averages a minimum of $20 million per year over the Settlement Term, which amount may be adjusted by mutual agreement of the Parties upon completion of the Target Number of Accessible Units. Completion of the Target Number of Accessible Units shall not relieve the City of the obligation to comply with other provisions of the Agreement. The City shall also take the actions set forth in this Agreement and such other actions as may be necessary to ensure that the City, Subrecipients, and Owners comply with the obligation to operate housing programs and Housing Developments in accordance with Federal and California law and comply with the other obligations set forth in this Agreement.

8. City's Compliance. The City shall comply with the requirements of Section 504, the ADA, Section 11135, and other applicable nondiscrimination laws with respect to all aspects of its own housing-related programs, services, and activities, including administration and financing.

9. Reporting of Activities to Ensure Compliance. Pursuant to its reporting obligations set out in Paragraph III.11, below, and elsewhere in this Agreement, the City shall report on the actions it takes to ensure its own compliance and to require and ensure its Subrecipients' and Owners' compliance with Section 504, the ADA, Section 11135, and the terms of this Agreement.

10. Specific Commitments to Achieving Accessibility. This Agreement provides for the following:

11. Reporting Requirements. The Settlement Coordinator shall prepare a semi-annual report for the six-month periods January 1 — June 30 and July 1 — December 31 of each year, containing qualitative and quantitative data detailing the activities carried out under this Agreement for the preceding reporting period pursuant to Paragraphs III.12-13, below, to be provided to Plaintiffs' Counsel and the Monitor on or before September 30 for the period of January 1 — June 30 and March 31 for the period of July 1 — December 31 of each year beginning March 31, 2017.

12. Report Contents. Reports referenced in Paragraph III.11, above, shall include, at a minimum, a detailed description of the following:

13. Quantitative Data. Quantitative data referenced in Paragraph III.12(h)ii, above, shall include the number of properties inspected; numbers/types of units under construction; number/types of Accessible Units completed; number of Housing Developments in/out of compliance with policy obligations; number/types of Accessible Units occupied by persons with disabilities who need the accessibility features; number/types of Accessible Units occupied by persons who do not need the accessibility features; number of persons with disabilities on waitlists and transfer lists for Housing Developments; number of Developments in compliance with Registry posting requirements; number of Housing Developments listed on the web-based registry; number of persons with disabilities on the web-based registry; number of requests for reasonable accommodations and reasonable modifications granted or denied; number of grievances filed with Owners and their resolution; number of grievances filed with the City and their resolution; and other data that the City deems relevant. The report shall be submitted to the Monitor pursuant to Paragraph III.11, above.

14. Appointment of Settlement Coordinator ("Settlement Coordinator" or "Coordinator"). Within 90 days of the Effective Date, the City shall hire a Settlement Coordinator and provide the individual's name and contact information to Plaintiffs' Counsel and the Monitor. The Settlement Coordinator will coordinate effective implementation of this Agreement, shall be retained throughout the term of this Agreement, and shall be directed and compensated by the City. The Settlement Coordinator will report directly to the General Manager of HCID concerning matters relating to this Agreement. The City shall commit sufficient resources, authority, and independence so that the Settlement Coordinator can successfully accomplish his or her responsibilities under this Agreement.

15. ADA Coordinator. The Settlement Coordinator position is in addition to, not a replacement for, the City's current Section 504/ADA Coordinator, who generally performs the functions set out in 24 C.F.R. § 8.53(a) and 28 C.F.R.

§ 35.107 for the City. The Settlement Coordinator and the Section 504/ADA Coordinator shall coordinate as appropriate.

Qualifications of Settlement Coordinator. The initial Settlement Coordinator, and any Settlement Coordinator subsequently hired shall: (a) have substantial experience in evaluating or assisting public entities in evaluating the accessibility of facilities under Section 504 and the ADA; (b) be knowledgeable in current federal and California accessibility standards; and (c) have experience in coordinating and implementing complex projects. It is highly desirable for the Settlement Coordinator to also have a minimum of three (3) years' experience in providing Section 504 and/or ADA services related to accessible facilities and be licensed either as an architect or as a registered civil engineer.

17. Responsibilities and Authority of the Settlement Coordinator.

18. Settlement Coordinator Responsibilities for Registry. As part of developing the Accessible Housing Unit Plan, the Settlement Coordinator shall oversee the creation of a database to include the following information:

19. Grievance and Complaint System. Within 30 days of the Effective Date, the City shall establish policies and procedures mutually acceptable to the parties for submission of grievances or complaints to, and responses by, the City concerning accessibility in housing and programs covered by this Agreement, including complaints about the City's implementation of its Housing Program and complaints about Owner or Management actions in Housing Units and Housing Developments covered by this Agreement, as well as complaints about the Internet Registry. The grievance procedures shall comply with the requirements of 28 C.F.R. § 35.107, and shall at a minimum:

20. Plaintiffs' Rights With Respect to Testing: In order to further the Parties' intent that the Agreement will be successfully implemented, the Parties agree that Plaintiffs may at their discretion conduct tests in Housing Units and Housing Developments and otherwise monitor implementation to determine whether the terms of the Agreement are being followed. Where Plaintiffs may need to secure cooperation with Owners in order to conduct such tests, the City agrees not to interfere in Plaintiffs' efforts to gain such cooperation. However, nothing contained herein shall constitute a guarantee by the City that Plaintiffs shall receive such cooperation from Owners, and the failure of Owners to cooperate with Plaintiffs shall not constitute a breach of this Agreement on the part of the City. Should Plaintiffs discover any purported issues or problems with the implementation as a result of any tests conducted or monitoring, Plaintiffs will make best efforts to notify the City of the results.

21. Training regarding this Agreement to Supervisory Employees: Within fifteen (15) days of the approval of this Agreement, the City shall train each of its employees having supervisory authority for any components of this Agreement on the requirements of this document. Thereafter, the City shall provide such training to any newly hired employee with such authority within fifteen (15) days of hiring and to any employee newly given such authority within fifteen (15) days of conferring on that employee such authority.

IV. MONITORING

1. Court Appointment of Monitor. By March 31, 2017, the Parties will ask the District Court to appoint a Monitor to ensure that this Agreement is implemented effectively and to assist the Court in monitoring the City's compliance with this Agreement. The Parties shall jointly propose to the District Court one or more candidates to serve as a court-appointed Monitor. The Monitor will assess the City's progress toward achieving the Target Number of Accessible Units and implementation of policies and procedures by reviewing plans, policies, procedures, expenditures, staffing, and production of accessible units, among other things. The Monitor shall serve throughout the Settlement Term and shall report to the Court. For the purposes of this Settlement Agreement, the Monitor's authority shall derive from the Court, not the Parties.

V. RECORD KEEPING AND REPORTING

1. Record Keeping and Reporting.

2. City's Duty to Retain Documents. The City shall maintain all documents and records provided to the Monitor as well as all documents and records maintained and/or generated by the City that pertain to the Agreement for a period of five (5) years. For a period not to exceed six (6) months beyond the expiration of this Agreement, Plaintiffs' Counsel shall, upon request, be provided access to any of the records described in the Record-Keeping provisions of this Agreement.

VI. MUTUAL RELEASE OF CLAIMS

1. Plaintiffs' Release of Claims. Plaintiffs, for and in consideration of this Agreement, including any and all recitals, promises, covenants, and terms herein, for themselves (and for their executors, assigns, and successors, as well as their administrators, agents, and representatives acting in their official capacities on behalf of Plaintiffs) (collectively "Plaintiff Releasing Parties"), do hereby fully and finally remise, release, acquit, and forever discharge the City and, in their official capacities, its respective successors, directors, officers, employees, agents, its past, present and future departments (including HCID (formerly known as the Los Angeles Housing Department)), boards, commissions, predecessors, and successors-in-interest, (collectively "Defendant Released Entities") from any and all claims and demands of any and every kind, name, nature, or description, and from any rights, disputes, complaints, charges, actions and causes of action, suits, debts, injuries, reimbursements, contracts, covenants, liens, liabilities, losses, costs, expenses, obligations, and damages of any nature, kind, and description, whether asserted or unasserted, known or unknown, anticipated or unanticipated, suspected or unsuspected, or actual or contingent, in law or in equity, which the Plaintiff Releasing Parties now have against the Defendant Released Entities or any of the Defendant Released Entities, whether or not the same be now existent or known to the Plaintiff Releasing Parties, by reason of or arising out of the claims as more particularly alleged in this Litigation and arising up until the date of Judgment, including but not limited to any claim or cause of action, including but not limited to injunctive, declaratory, or other non-monetary relief, however described, that the Plaintiff Releasing Parties asserted or could have asserted in this Litigation against the Defendant Released Entities, pertaining to accessibility under Section 504, the ADA, and Section 11135, and availability to people with disabilities of any and all of the multifamily housing funded, developed, or significantly assisted by the City at any time prior to this Agreement ("Released Claims"). Such Released Claims, however, shall not include any claims to enforce the terms of this Agreement, nor shall they include claims set forth in any other action filed between January 1, 2011 and March 31, 2011 against the Defendant Released Entities and currently pending in the United States District Court for the Central District of California.

2. City's Release of Claims. The City, for itself and its respective successors, directors, officers, employees, agents, their past, present and future departments (including HCID (formerly known as the Los Angeles Housing Department)), boards, commissions, predecessors, and successors-in-interest, (collectively "Defendant Releasing Parties"), for and in consideration of this Agreement including any and all recitals, promises, covenants, and terms herein, does hereby fully and finally remise, release, acquit, and forever discharge Plaintiffs (and their assigns, and successors, as well as their administrators, agents, and representatives acting in their official capacities on behalf of Plaintiffs) (collectively "Plaintiff Released Entities") from any and all claims and demands of any and every kind, name, nature, or description, and from any rights, disputes, complaints, charges, actions and causes of action, suits, debts, injuries, reimbursements, contracts, covenants, liens, liabilities, losses, costs, expenses, obligations, and damages of any nature, kind, and description, whether asserted or unasserted, known or unknown, anticipated or unanticipated, suspected or unsuspected, or actual or contingent, in law or in equity, which the City now has against the Plaintiff Released Entities, whether or not the same be now existent or known to the City, by reason of or arising out of the claims as more particularly alleged in this Litigation and arising up until the date of Judgment, including but not limited to any claim or cause of action, including but not limited to injunctive, declaratory, or other non-monetary relief, however described, that the City asserted or could have asserted in the Action, pertaining to the accessibility under Section 504, the ADA, and Section 11135, and availability to people with disabilities of any and all of the multifamily housing funded, developed, or significantly assisted by the City at any time prior to this Agreement ("Released Claims"). Such Released Claims, however, shall not include any claims to enforce the terms of this Agreement.

3. Waiver of Civil Code Section 1542: With respect to the release of claims by reason of or arising out of the claims as more particularly alleged in the this Litigation and arising up until the date of Judgment, as provided in Paragraphs VI.1 and VI.2, above, the Plaintiff Releasing Parties and the Defendant Releasing Parties waive and relinquish any and all rights and benefits afforded by California Civil Code Section 1542, and acknowledge and understand that the facts with respect to the Action and this Agreement may, after the date of execution of this Agreement, be discovered to be other than or different from the facts now known and believed to be true. The Plaintiff Releasing Parties and the Defendant Releasing Parties knowingly accept and assume the risk of the facts being different, agree that this Agreement shall be and remain in all aspects effective and not subject to termination by virtue of any such difference in facts, understand and acknowledge the significance and consequences of such specific waiver of California Civil Code Section 1542, and expressly assume full responsibility for any losses or consequences that may be incurred by making such waiver. The Plaintiff Releasing Parties and the Defendant Releasing Parties expressly understand that California Civil Code Section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

4. The Plaintiff Releasing Parties and the Defendant Releasing Parties, being aware of the foregoing code section, freely, voluntarily, and expressly waive to the fullest extent applicable any rights they may have thereunder. The Plaintiff Releasing Parties and the Defendant Releasing Parties acknowledge that, in agreeing to the foregoing release, they have not relied on any inducements, promises, or representations by the Plaintiff Released Entities or the Defendant Released Entities, other than as expressly set forth in and this Agreement. Such Released Claims, however, shall not include any claims to enforce the terms of this Agreement, nor shall they include claims set forth in any other action filed between January 1, 2011 and March 31, 2011 against the Defendant Released Entities and currently pending in the United States District Court for the Central District of California.

VII. DISPUTE RESOLUTION

1. Meet and Confer Obligation. If any Party believes that a dispute exists relating to any violation of or failure to perform any of the provisions of this Settlement Agreement, it shall notify the other Party in writing and describe the alleged violation or failure to perform with particularity. The Parties shall meet and confer within ten (10) business days of receipt of such notice. If they are unable to resolve their differences, they shall resort to mediation as described below.

2. Mediation. If the Parties are unable to resolve a dispute through the meet and confer process described above, the Parties shall mediate the dispute. The Parties shall have fifteen (15) business days to jointly select a mediator. If the Parties are unable to reach agreement on a mediator, each side may submit three (3) names of proposed mediators to the District Court and the District Court shall select the mediator. The mediation shall be conducted within thirty (30) days of the selection of the mediator, in the manner determined by the mediator, and the Parties shall engage in good faith efforts to resolve the dispute through such mediation.

3. Resolution by the District Court. If the Parties are unable to resolve a dispute through the mediation process described above, any Party may make a motion to the District Court to enforce the Agreement in order to resolve the dispute.

VIII. COMPENSATION AND FEES

1. Compensation to Plaintiffs. The City agrees to pay Plaintiffs a total of Four Million, Five Hundred Thousand Dollars ($4,500,000) to resolve their claims for monetary damages. Payment shall be made no earlier than forty-five (45) days, and no later than sixty (60) days, from the Effective Date. Payment shall be made by wire transfer to Plaintiffs' Counsel, Relman, Dane & Colfax, PLLC, 1225 19th Street N.W., Suite 600, Washington, D.C. 20036-2456, for distribution to Plaintiffs.

2. Attorneys' Fees. The parties agree that attorneys' fees will be submitted to the Court for determination. Plaintiffs' Counsel shall submit a fee petition to the Court within forty-five (45) days of the Effective Date of this Agreement."

3. Costs. Within thirty (30) days of the Effective Date of this Agreement, Plaintiffs' Counsel shall supply to the City documentation of costs incurred by Plaintiffs' Counsel in this Litigation, in an amount not to exceed One Million Dollars ($1,000,000). Within forty-five (45) days of receipt of such documentation, the City agrees to reimburse Plaintiffs' Counsel for all such documented costs. Payment shall be made by wire transfer to Relman, Dane & Colfax, PLLC, 1225 19th Street N.W., Suite 600, Washington, D.C. 20036-2456, for distribution among Plaintiffs' Counsel.

4. Prospective Monitoring Fees and Costs for Plaintiffs' Counsel: In addition to the fees described in Paragraph VIII.2, the City shall pay to Plaintiffs' Counsel their reasonable and necessary monitoring fees and expenses during the Settlement Term not to exceed the following amounts, exclusive of any disputes resolved by the District Court:

5. Payment of Monitoring Fees and Costs. Payment of fees, costs, and expenses for the monitoring work to be performed by Plaintiffs' Counsel shall be made as follows:

6. Disbursement of Monitoring Fees and Costs. No later than thirty (30) days following the entry of judgment on this Corrected Settlement Agreement, Counsel for each of the Plaintiffs shall submit to the City invoices for actual fees and expenses incurred to date, together with a signed declaration from Plaintiffs' Counsel attesting to the accuracy of such. Thereafter, the City shall, within sixty (60) days of receipt of such submission, either dispute the amount to be disbursed or disburse the appropriated funds from the three respective line items described in Paragraph VIII.5 above to the respective Plaintiffs' Counsel in amounts reflecting (a) the number of hours of monitoring work performed by Counsel for each Plaintiff, multiplied by a reasonable hourly rate, and (b) costs and expenses incurred during the period, up to the amount required to have been appropriated and deposited prior to that date. In the event the parties cannot agree informally on the amount to be disbursed to Plaintiffs' Counsel from the appropriated funds for this period, the matter shall be submitted to the Court for resolution. In no event shall any of the three Plaintiffs be entitled to more than its one-third share of the total funds that were appropriated and encumbered into its respective line item. Thereafter, during the Settlement Term, at the close of each calendar quarter, Counsel for each of the Plaintiffs shall submit to the City invoices for actual fees and expenses incurred, together with a signed declaration from Plaintiffs' Counsel attesting to the accuracy of such. Thereafter, the City shall, within thirty (30) days of receipt of such submission, either dispute the amount to be disbursed or disburse the appropriated funds from the three respective line items described in Paragraph VIII.5 above to the respective Plaintiffs' Counsel in amounts reflecting (a) the number of hours of monitoring work performed by Counsel for each Plaintiff, multiplied by a reasonable hourly rate, and (b) costs and expenses incurred during the previous three month period, up to the amount required to have been appropriated and deposited prior to that date. In the event the parties cannot agree informally on the amount to be disbursed to Plaintiffs' Counsel from the appropriated funds for a particular three month period, the matter shall be submitted to the Court for resolution. In no event shall any of the three Plaintiffs be entitled to more than its one-third share of the total funds that were appropriated and encumbered into its respective line item. Fees for ILCSC and CALIF shall be made payable to Relman, Dane & Colfax, PLLC, for distribution among Plaintiffs' Counsel. FHC will notify the City Attorney's Office of the name of any counsel it wishes to appoint to monitor compliance with this Agreement, and authorize such counsel to submit an invoice for monitoring fees and expenses.

IX. COURT'S RETENTION OF JURISDICTION

1. The Parties agree, and the Parties intend that, the Judgment will provide that the District Court shall retain continuing jurisdiction to interpret and enforce the terms of this Agreement during the Settlement Term, and that the Judgment will incorporate the terms of this Settlement Agreement by reference. The Court thereafter shall retain jurisdiction to resolve any disputes that may arise during the Settlement Term. Only the Parties may seek to enforce the terms of the Agreement through the dispute resolution process provided for in Section VII, above. Three (3) months before the end of the Settlement Term, the City shall prepare a final report to the Monitor and Plaintiffs showing that it has fully complied with the provisions of this Settlement Agreement, and may move the Court for an Order terminating its jurisdiction of this matter as of a date following the Settlement Term, on the basis that all of its obligations under the Settlement Agreement have been fully discharged.

X. MISCELLANEOUS

1. Entire Agreement; Severability. This Agreement constitutes the entire agreement between the City and Plaintiffs and supersedes all prior agreements, written or oral. Each provision and term of this Agreement shall be interpreted in such manner as to be valid and enforceable. In the event any provision or term of this Agreement is determined to be or is rendered invalid or unenforceable, all other provisions and terms of this Agreement shall remain unaffected to the extent permitted by law.

2. Modification of Settlement Agreement.

3. Claims Against CRA/LA. Nothing in this Agreement releases the Defendant CRA/LA, A Designated Local Authority, Successor to Community Redevelopment Agency of the City of Los Angeles ("CRA/LA"), from any claims that Plaintiffs have asserted against it in the Litigation or from any claims that the City may have against the CRA/LA. Plaintiffs intend to continue to pursue all pending claims against the CRA/LA in litigation.

4. Conditions Precedent. The Parties agree that this Settlement Agreement shall be conditioned upon, and shall be effective only upon, the occurrence of each and every one of the following events:

5. Notice to the Parties: All notices required or permitted hereunder shall be in writing and shall be served on the Parties at the addresses set forth below. Any such notices shall be:

6. Opportunity to Consult with Counsel: The Parties represent that prior to signing this Settlement Agreement, they have read it, consulted with counsel of their choice, and each understood its terms and conditions. The Parties hereto accept this Settlement Agreement as their own free and voluntary act, without duress, and intend to be legally bound by it. This Settlement Agreement is made without reliance upon any statements or representations by the Parties or their representatives that are not contained herein.

7. Settlement Agreement Binding on Successors and Assigns: This Agreement shall be binding on, and enforceable by, the Parties, their employees, and their successors and assigns.

8. Titles: The titles used in this Settlement Agreement are non-49 substantive descriptions included solely for the Parties' ease of reference and shall not be construed to alter the substantive provisions of this Settlement Agreement.

9. Weekends and Holidays: If a reporting day or other deadline under this Agreement falls on a weekend or state or federal holiday, the report or other required action will be due on the first business day after the weekend or holiday.

10. Counterparts and Facsimiles: This Settlement Agreement may be executed in counterparts and facsimiles, all of which when taken together shall constitute a single instrument.

11. Parties Agree to Cooperate: The Parties agree to cooperate in submitting this Settlement Agreement to the Court for execution, and to cooperate and execute additional documents or take other actions necessary to perform their respective obligations under this Settlement Agreement.

12. Construction: This Settlement Agreement is the result of negotiations and joint drafting, undertaken in good faith and in that regard the rule of contractual construction that an ambiguous term shall be construed against the drafter shall not be employed.

Agreed to by the Parties, as evidenced by signatures below.

Approved as to Form:

Exhibits

Exhibit A: List of Existing Covered Housing Developments, Excluding Units in Exhibit B.

Exhibit B: List of 22 CRA/LA Housing Developments Not Part of Agreement

Exhibit C-1: City of Los Angeles Fair Housing Policy in Regards to Disability Guidance and Requirements for Owners and Property Managers, May 12, 2016

Exhibit C-2: Tenant Handbook of Rental Occupancy Policies Regarding Disability for [Housing Development], May 12, 2016

EXHIBIT

A

EXHIBIT

B

Exhibit C-1

City of Los Angeles Fair Housing Policy in Regards to Disability Guidance and Requirements for Owners and Property Managers, May 12, 2016

(NOTE: Appendices and Forms to Exhibit C-1 to be developed in consultation between the City and Plaintiffs within 30 days after the Effective Date of the Settlement)

Fair Housing Policy in Regard to Disability: Guidance and Requirements for Owners and Property Managers

TABLE OF CONTENTS

PART ONE: OVERVIEW

1.1 City Commitment to Fair Housing

The City of Los Angeles is strongly committed to affordable housing that is

These Policies cover all Housing Developments that have received financing by, through, or in connection with a program administered by the City or the Community Redevelopment Agency of the City of Los Angles (CRA/LA). This includes, but is not limited to: housing financed with HOME, CDBG or other City Affordable Housing Trust Fund monies; City or CRA/LA issued bonds; CRA/LA tax increment funds and also applies to Housing Developments with a ground lease of CRA/LA property. All housing covered by these Policies must be constructed and operated in accordance with all applicable disability and fair housing laws. Specific obligations are set forth below.

1.2 Compliance with Policies Mandatory

These Policies reflect the requirements of federal and state fair housing law as well as the City's policies pertaining to People with Disabilities living in housing supported by the City or the Community Redevelopment Agency of the City of Los Angeles or its successors. They were developed to answer the questions of Owners, property managers, and tenants regarding the fair housing rights of People with Disabilities. Questions regarding these policies shall be directed to the City's Housing Accessibility Program. Owners of Housing Developments are required to adopt and comply with these Policies and procedures. The Policies are mandatory and supersede any existing conflicting policies or lease provisions. Owners are also required to maintain specified records and report to the City regarding their implementation.

1.3. Information for Owners, Property Managers, Tenants and Applicants

This document has been divided into three sections. Part One provides an overview. Part Two outlines Owner obligations in general. The third part is a Tenant Handbook that discusses in detail how the Policies will be implemented in the Housing Development. Therefore, the Tenant Handbook has been written so that Owners can insert the name of the Housing Development in place of the words [Housing Development]. This Tenant Handbook and Appendices must be provided to applicants for housing, new tenants moving into units, and current tenants on the anniversary of their tenancy. Owners and their agents are responsible for knowing and implementing all policies contained in Parts Two and the Tenant Handbook. These policies are designed to assist Owners and their agents to comply with federal and state nondiscrimination laws.

1.4 Applicable Laws

The following laws apply, as appropriate:

1.5 Disability Defined

Both federal and state laws protect a person with a disability; this includes a person with a history of disability, and a person regarded as having a disability. Where there are differences between federal and state law, the law providing the most protection to People with Disabilities will control. The definitions of disability in these policies are intended to ensure that everyone covered by either federal or state law is protected. Disability is determined without looking at mitigating factors (for example, you have a mobility disability even though you can walk with crutches).

"Disability" includes a mental or physical impairment that limits a major life activity.viii Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Disabilities include both physical and mental disabilities. Physical disabilities include, but are not limited to, partially or completely missing limbs, mobility disabilities requiring the use of a wheelchair, cerebral palsy, blindness, deafness, and chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease. Mental disabilities include, but are not limited to, emotional or mental illness including, but not limited to: schizophrenia, and chronic or episodic conditions such as clinical depression, bipolar disorder, post-traumatic stress disorder, and obsessive compulsive disorder. Covered disabilities also include cognitive or intellectual disability; developmental disabilities, organic brain syndrome; traumatic brain injuries, specific learning disorders; and autism spectrum disorders. While disability does not include the current illegal use of a controlled substance, alcoholism and past drug addiction are defined as disabilities.

PART TWO: OWNER OBLIGATIONS

2.1 Summary of Requirements

Owners must comply with all fair housing obligations, and must follow all applicable laws including, but not limited to, those listed above. Key obligations are summarized in this Section, along with cross references to more detailed provisions later in these Policies.

See Sections 3.10 and 3.14(h).

See Sections 3.10 and 3.14(h).

2.2 Designation of Responsible Individual

Owners must designate an experienced, senior property manager to coordinate the efforts to comply with the requirements of these Policies. The name, title and contact information of the individual will be posted in the office and available upon request to any individual. See Section 3.2 and Appendix 10, Contact Information.

2.3 Property Management Plan (PMP)

Each Owner created a Property Management Plan (PMP) that was approved by the City prior to lease-up. Among other requirements, the PMP must:

Housing Developments whose PMPs do not meet the requirements of these Policies must update their PMPs to comply within 60 days of receipt of these Policies and send their PMPs to the City for approval.

2.4 Training

Property management staff, including managers, agents, and employees responsible for the operation or management of a Housing Development, must attend HCID training on the information contained in these Policies. New staff must receive an orientation to these policies within 60 days of hire and all staff must receive ongoing training in fair housing laws, including an annual refresher course.

2.5 Affirmative Marketing of Accessible Units

Owners must affirmatively market the Housing Development and the Accessible Units to people with disabilities, consistent with the updated Property Management Plan, provide basic information about fair housing law to applicants (as described below), and otherwise market the Housing Development to eligible persons in the City without regard to disability.

In order to maximize use of Accessible Units by people needing the features of the units, all Owners must take the following steps to ensure that potential applicants are informed of available units, encouraged to apply, and have an equal opportunity to rent units:

2.6 Rental Office

2.7 Tenant Application Package and Other Written Materials

The Housing Development's tenant application package must contain a section where the applicant may indicate a request for an Accessible Unit with Mobility or Hearing/Vision features (see Sections 2.8, 2.14(e)(iii));

The Housing Development's tenant application package, tenant annual recertification cover pages, and all marketing materials must include the following:

See Appendix 2, Notice that Reasonable Accommodations and Reasonable Physical Modifications are Available.

2.8 Initial Application Process and Waiting Lists

Application forms must provide a section where people with disabilities who need the features of a mobility or hearing/vision unit can indicate their desire for such unit. Using the process described in the Development's PMP for the tenanting of units, Owners must create two lists — one for conventional units and another for Accessible Units. The names of people with disabilities who have identified the need for accessible units will be on both waiting lists so that applicants have the option of choosing a conventional unit should their name come up on that list before an Accessible Unit is available.

All waiting lists should clearly indicate which applicants have requested Accessible Units and what type of unit (Housing Unit with Mobility Features or Housing Unit with Hearing/Vision Features). Tenants who need both mobility and hearing or vision features should be offered the option of being offered a Unit with Mobility Features; reasonable modifications can then be made to provide necessary hearing/vision features.

If initial application forms did not solicit information about disability-related requests for Accessible Units, Owners must contact all households already on their waiting lists to determine whether any household on the waiting lists needs an Accessible Unit. If so, they should be placed on the appropriate waiting list for Accessible Units. Owners may require verification that the person needs the design features of that type of unit, prior to leasing an Accessible Unit. Verification of disability should not be sought until such time as an Accessible Unit is available.

2.9 Filling Vacancies in Accessible Units

Owner must use suitable means to assure that information regarding the availability of Accessible Units reaches eligible People with Disabilities, and will take reasonable, nondiscriminatory steps to maximize the utilization of such units by eligible people whose disability requires the accessibility features of the particular unit. When an Accessible Unit becomes vacant, Owner must:

In the event that more than one household has requested an Accessible Unit, Owners must offer the Unit to households in their order on the Waiting Lists within each category (mobility or hearing/vision).

If, after using the process identified above, there are no households who need the features of that Accessible Unit, then Owners must offer the unit to the next household on the Conventional Unit waiting list. Should that household choose not to occupy the Accessible Unit, they will remain at the same position on the Conventional Waiting list. If the household chooses to occupy the Accessible Unit, the tenant must sign a Lease Addendum in the form approved by HCID (Appendix 6, Lease Addendum re: Rental of Accessible Unit). The Lease Addendum requires the household to move to the next available, comparable, Conventional Unit, when given legal notice by the Housing Development that there is an eligible applicant or existing resident with a disability who requires the accessibility features of that Unit.

For people who are required to vacate an Accessible Unit because it is needed by an individual with a disability, Owners must pay the costs of transferring to a comparable Conventional Unit, including new utility deposit(s), if required, and reasonable moving expenses. These costs are eligible project expenses.

A household with a disability-related need for some, but not all, of the features of an Accessible Unit will not be required to sign a lease addendum stating they will move in the event that there is another household with an individual who could utilize more of the features of that unit. However, that household may be offered a Conventional Unit with reasonable modifications provided by [Housing Development]. If that household voluntarily agrees to move to a Conventional Unit with reasonable modifications, then [Housing Development] must provide the same costs described above, as well as pay for reasonable accessibility modifications in the new Conventional Unit. These costs are also eligible project expenses.

When there is not yet a transfer provision in the lease that meets the requirements of this Policy, Owners may offer Conventional Units as they become available, first to households occupying Accessible Units who do not need the accessible features of that unit, and then in order to others on the Development's waiting list.

See Sections 3.11, 3.12 and 3.13.

2.10 Requests for Transfers for Disability Related Reasons

Each year, Owners must notify tenants that, if someone in their households has or develops a disability and needs accessibility features that their unit does not provide, then they have the right to:

As previously described under Section 2.9, Filling Vacancies in Accessible Units, Owners must pay the costs of moving tenants to their new units. These costs are eligible project expenses. Owner will not charge additional fees for a transfer to an Accessible Unit or require an increased security deposit, unless the unit being vacated has been damaged beyond reasonable wear and tear, in which case the costs of repairs may be deducted from the current security deposit and an itemized receipt for repairs presented to the tenant with a request to replenish the deposit.

Owners must not charge the tenant an increased rent beyond the level of the tenant's existing apartment, unless the tenant chooses a unit with an additional bedroom and/or there are no rental subsidies available for the new unit that would allow the household to remain at the same rent. If the new unit has a higher rent, at least 30 days in advance Owners must notify the transferring tenant about the accessible features of the unit and the new rental amount.

Tenants must have the opportunity to view the unit and have at least five days in which to decide whether to move there.

Owners must maintain a Transfer List of current tenant households having People with Disabilities who have requested a transfer to an Accessible Unit (or to a Conventional Unit with specific accessibility features). The list will include tenants residing in Housing Developments under common control who request an Accessible Unit. If a tenant waiting for a transfer to an Accessible Unit rejects the offer of an accessible unit, the tenant will remain at the same position on the Transfer List for the next available Accessible Unit.

When a Conventional Unit is expected to become vacant, Owners must offer that unit to the first household on the waiting list (based on any preferences applicable to the project), regardless of whether that applicant has requested an Accessible Unit. If the applicant has indicated a disability-related need for an Accessible Unit, Owners must notify the applicant in writing that the unit is not accessible. If the applicant prefers to wait for an Accessible Unit, the household will remain at their position on both the Conventional and Accessible waiting lists until accepting a housing unit that meets the household's needs.

An eligible family with a member who has a disability may choose to lease a Conventional Unit, if no Accessible Unit is available when the household reaches the top of the waiting list. If requested, Owners must make physical alterations to the Conventional Unit as a reasonable modification, unless the alterations would result in an undue financial and administrative burden to the Housing Development.

The Housing Development may include some Conventional Units that contain accessibility features or may be accessible for other reasons. Owners must provide information about these units' accessible features to tenants who have informed Owners that they have a disability-related need so that they can choose whether to place themselves on the Transfer List to lease those units. For example, an individual may have difficulty climbing stairs. A ground floor Conventional Unit may meet his or her needs, even though the unit does not otherwise meet all the standards of a housing unit with mobility features. However, no household is required to give up its Conventional Unit with accessibility features to accommodate a household that would like those features. Tenants on the Transfer List for a Conventional Unit with accessible features will be given first choice in renting that Unit when it becomes vacant.

See Section 3.13.

2.11 Consideration of Requests for Accommodations/Modifications and Interactive Process

2.12 Assistance Animals (including Service Animals)

A variety of state and federal laws provide tenants, prospective tenants with disabilities, and guests the right to have an assistance animal, pursuant to the reasonable accommodations policies and procedures set forth above. State and federal laws also give people with disabilities who visit or live in a housing development the right to be accompanied by a service animal, which is a specific kind of assistance animal. These rights and the Owner's obligations are addressed in Section 3.15 and 3.16.

2.13 Effective Communication

Owners must ensure that communications with applicants and tenants with disabilities are as effective as its communications with people without disabilities. To meet this obligation, Owners must provide appropriate auxiliary aids and services to ensure that people with disabilities have an equal opportunity to participate in, and benefit from, their Housing Developments and services. Owners must comply with the Guidance in the U.S. Department of Justice's ADA guidance on Effective Communication (http://www.ada.gov/effective-comm.htm).

Owners must provide, at their expense, auxiliary aids and services for effective communication with their residents and applicants, as well as employees. These costs are eligible project expenses.

Owners must train all property management staff, including maintenance staff, in how to receive, and initiate, telephone calls to people who are deaf, hard of hearing, deaf-blind, or who have speech disabilities using a TTY or the Telecommunication Relay Services (TRS). If Housing Development has a TTY, it must place and accept calls using the TTY.

Housing Development must accept telephone calls placed through relay services. Staff who answer the telephone will treat relay calls just like other calls. For further information regarding relay services, Owners may contact the California Public Utility Commission's Deaf and Disabled Telecommunications Program at http://ddtp.cpuc.ca.gov/relay.aspx. In the event an Owner does not have a separate TTY number, the phone number for contacting the development's management offices must be posted and TTY users should be directed to call 711 or use their preferred Video Relay Service (VRS) provider. If requested by someone with a disability, Owners shall consider, as reasonable accommodations, email, text and/or fax communications.

PMPs must ensure that when possible and practical, auxiliary aids and services will be provided immediately on an as-needed basis, and "walk-in" requests for aids and services will be honored to the extent possible. However, there may be instances in which it is not possible to provide requested aids and services immediately, such as arranging for Braille materials or American Sign Language Interpreters. Owners can request that people needing these services, where possible, make the request for auxiliary aids or service in advance of when needed.

Signage in management offices; or on applications, recertification forms, correspondence; or in telephonic voice mail greetings, automated telephonic menus; and other media used to communicate with the public and with residents will include information about how to request auxiliary aids and services.

See Sections 3.5 and 3.17.

2.14 Grievance Procedures and Notices of Rights

See Section 3.18 and Section 3.19.

2.15 Records

2.16 Fair Housing Complaints or Lawsuits

Owners must immediately inform HCID in writing if a tenant or an applicant files a fair housing complaint or lawsuit against them with an external agency or organization.

2.17 Department on Disability — Information and Referral Resources

Information about the rights of people with disabilities, and about securing the provision of auxiliary aids from service providers, may be requested by calling the City of Los Angeles' Department on Disability at (213) 202-2748 Voice or (213) 202-3452 TTY.

2.18 No Retaliation

Owners/Housing Developments must not retaliate against any tenant, applicant, or associated person for exercising rights under the law or this Policy, or for requesting that the Housing Development comply with these Policies or any anti-discrimination law.

2.19 Information to be Provided Prior to the Retrofit of Units in Housing Development

Some Housing Developments may not currently have fully accessible housing units, common areas, and/or sites. If that is the case, then HCIDLA will require that the projects be retrofitted and will work with Owners to ensure that this takes place in a timely manner. The following must be provided to and approved by HCIDLA, in addition to the Owner obtaining approval of the retrofit scope of work, cost estimate, and construction schedule.

Exhibit C-2

Tenant Handbook of Rental Occupancy Policies Regarding Disability for [Housing Development], May 12, 2016

(NOTE: Appendices and Forms to Exhibit C-2 to be developed in consultation between the City and Plaintiffs within 30 days after the Effective Date of the Settlement)

TENANT HANDBOOK OF RENTAL OCCUPANCY POLICIES REGARDING DISABILITY FOR [HOUSING DEVELOPMENT]

(NOTE: This section is the attachment to hand out to Tenants, along with Appendices.)

(NOTE: Appendices and Forms to Exhibit C-2 to be developed in consultation between the City and Plaintiffs within 30 days after the Effective Date of the Settlement.)

GENERAL PRINCIPLES

This Tenant Handbook includes information about the rights of tenants and applicants with disabilities at [Housing Development]. Additional information is in Appendix 9, Resource Guide for Owners, Tenants, and Applicants. Definitions of technical terms are in Appendix 1, Definitions.

3.1 Commitment to Fair Housing

[Housing Development] is strongly committed to providing housing that is:

3.2 Responsible Individual

[Housing Development] has designated an individual to coordinate efforts related to disability. The name, title and contact information is listed in Appendix 10 — Contact Information. It is also posted in the office and available upon request.

3.3 Non-Discrimination

[Housing Development] will not discriminate on any basis prohibited by law. This includes race, color, religion, sex, gender, gender identity and expression, family status, national origin, marital status, ancestry, age, sexual orientation, disability, source of income, genetic information, arbitrary characteristics, or any other basis prohibited by law. (Federal laws prohibit discrimination based on the categories written in italics; California laws prohibit discrimination based on all of these categories.)

3.4 Reasonable Accommodations and Modifications

[Housing Development] will provide reasonable accommodations in policies, practices and procedures and reasonable modifications to existing facilities to ensure that people with disabilities, and households that include people with disabilities, are not discriminated against or excluded from housing or housing-related services based on disability. Service dogs and other assistance animals will be permitted in accordance with applicable laws. These are discussed in greater detail later on in these Policies. See Section 3.14.

3.5 Effective Communication

[Housing Development] will provide effective communication when necessary so as to ensure that communication with applicants and residents with vision, hearing, speech, communication, or other disabilities is as effective as communication with people without disabilities. See Section 3.17.

3.6 Affirmative Marketing

[Housing Development] will conduct affirmative marketing to people with disabilities and take other steps to affirmatively further fair housing.

3.7 Accessible Units

[Housing Development] includes [INSERT NUMBERS] of designated Housing Units with Mobility Features and [INSERT NUMBERS] of designated Housing Units with specific Hearing/Vision features. Other units may also have certain accessible features.

3.8 Barriers to Access

[Housing Development] will not create new barriers to accessibility (such as placing obstacles in accessible paths of travel or in accessible public bathrooms) or allow barriers to accessibility to occur due to neglect (such as failing to repair elevators in a reasonable time). [Housing Development] will promptly remove barriers to access.

3.9 No Retaliation

[Housing Development] will not retaliate against any tenant, applicant, or associated person for exercising rights under the law or this Policy, or for requesting that [Housing Development] comply with these Policies or any anti-discrimination law.

3.10 Use of Disability-Related Information

[Housing Development] will only assess applicants for housing occupancy using non-discriminatory eligibility criteria. Disability may only be considered in reference to:

In general, when information about disability is necessary, [Housing Development] will limit its inquiries to what is necessary to establish eligibility or a specific accommodation. [Housing Development] may not inquire about the nature or severity of the disability.

[Housing Development] will keep confidential all medical and other information about the individual's disability. If that information is retained by the Development, it is required to be kept in locked files that are separate from general applicant or tenant files.

SPECIFIC ACTIVITIES

3.11 Waiting Lists

[Housing Development] maintains waiting lists for Conventional Units and for Accessible Units. Any tenant Household who desires the features of an Accessible Unit can request to be listed on both the Conventional and Accessible Units waiting lists. Households with People with Disabilities who need the features of the Accessible Units are given priority for those Units in accordance with their order on the Accessible Unit list. Applicants with disabilities who need the accessible features of the Accessible Units will be listed on both the Conventional and Accessible Units' Waiting Lists so that they can choose either an Accessible Unit or a Conventional Unit if one becomes available before the other. Should a tenant Household with an individual with a disability choose not to move into a Conventional Unit when one becomes available, that Household can retain its position on both waiting lists until the appropriate unit becomes available.

Admissions and transfers to the Accessible Units will be handled as set out in Section 3.12 and 3.13 below. [Housing Development] will verify eligibility for the Accessible Units at the time those Units become available for rent.

3.12 Filling Vacancies in Accessible Units

[Housing Development] agrees to use suitable means to assure that information regarding the availability of Accessible Units reaches eligible People with Disabilities in the City of Los Angeles, and will take reasonable, nondiscriminatory steps to maximize the utilization of such units by eligible people whose disability requires the accessibility features of the particular unit. To this end, [Housing Development] will take the following steps when an Accessible Unit becomes vacant:

3.13 Requests for Transfers for Disability Related Reasons

[Housing Development] maintains a Transfer Waiting List for Accessible Units. Any tenant household with an individual with a disability may request such a transfer at any time by filling out a Transfer Request Form or Request for Preference. See Appendix 7, Request for Preference for More Accessible Unit.

Annually, [Housing Development] will notify tenants of the right to request a transfer to a unit that has accessible features or to request reasonable modifications to their units to make them more accessible if someone in their household has or develops a disability and needs accessibility features that their unit does not have. If the tenant desires, the household will be put on the transfer waiting list for the next Accessible Unit.

When transferring a tenant to an Accessible Unit, we will offer to pay the costs of moving the tenant to the new unit. These costs include new utility deposit(s) required by the utility company; reasonable modifications; and reasonable moving expenses. These costs are eligible project expenses.

We will not charge additional fees for a transfer to an Accessible Unit or require an increased security deposit.

[Housing Development] will not charge the tenant an increased rent beyond the level of the tenant's existing apartment, unless the tenant chooses a unit with an additional bedroom and/or there are no rental subsidies are available for the new unit that would allow the household to remain at the same rent. If the new unit has a higher rent, we will notify the transferring tenant of the new rental amount at least 30 days in advance of the tenant signing the lease for the new unit. The tenant is free to choose not to move into that unit.

[Housing Development] will maintain a Transfer List of current tenants with disabilities who have requested a transfer to an Accessible Unit. The list will include tenants residing in Housing Developments under common control. Tenants living in [Housing Development] have priority over other tenant households who live in developments under common control of Owner. In situations in which a person waiting for a transfer to an Accessible Unit rejects an offer for a unit that meets their needs, the applicant will remain in the same position on the Transfer List for the next Accessible Unit.

When a Conventional Unit is expected to become vacant, [Housing Development] will offer that unit to the first household on the Conventional waiting list (based on any preferences applicable to the project), regardless of whether that applicant has requested an Accessible Unit. If this applicant has indicated a disability-related need for an Accessible Unit, we will notify the applicant in writing that the unit is not accessible. If the applicant prefers to wait for an Accessible Unit, the household will remain at the top of the Conventional list and will be offered an Accessible Unit that matches all of his or her specified needs/eligibility in the order in which they are on the Accessible Waiting List.

An eligible family with a member who has a disability may choose to lease a Conventional Unit, if no Accessible Unit is available when the household reaches the top of either waiting list. If requested, [Housing Development] will make physical alterations to the Conventional Unit as a reasonable modification, unless the alterations would result in an undue financial and administrative burden to [Housing Development].

Because some Conventional Units may contain accessibility features or may be accessible for other reasons, [Housing Development] will provide information about these units' features to people who have indicated a disability-related need so that they can choose whether they want to lease those units. For example, an individual may have difficulty climbing stairs; a ground floor Conventional Unit may meet his or her needs, even though the unit does not otherwise meet all the standards of a housing unit with mobility features.

3.14 Reasonable Accommodations and Modifications

[Housing Development] will make reasonable changes to policies, practices and procedures (reasonable accommodations) as well as reasonable structural modifications (reasonable modifications) to existing housing units and other facilities in [Housing Development] to ensure that People with Disabilities, and households including People with Disabilities, have full and equal access to housing covered by this Policy.

a. What are Reasonable Accommodations?

Reasonable accommodations are changes, modifications, exceptions, alterations, or adaptations in rules, policies, practices, programs, or activities that may be necessary to:

Reasonable accommodations may include, but are not limited to:

b. When Can I Ask for a Reasonable Accommodation?

A person with a disability may request a reasonable accommodation at any time during the application process, tenancy period or eviction process.

c. What Are the Grounds for Reasonable Accommodation Requests To Be Granted or Denied?

[Housing Development] will provide reasonable accommodations when there is a relationship or nexus between the disability and the requested accommodation and the accommodation will assist in affording equal opportunity to use and enjoy the housing or tenant services. [Housing Development] will pay for any costs associated with providing a reasonable accommodation. We will not charge a tenant for providing a reasonable accommodation.

We will only deny requests if:

The fact that the request may result in some expense to [Housing Development] is not, in and of itself, an undue administrative or financial burden. A fundamental alteration to the nature of the program exists when a tenant requests something completely different from what [Housing Development] usually offers, for example, if a tenant seeks to have the [Housing Development] pay for supportive services that are not a feature of [Housing Development's] housing program.

d. What Are Reasonable Modifications?

A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to:

Reasonable modifications may include structural changes to interiors and exteriors of dwellings and to common and public use areas. Examples of reasonable modifications include adding a ramp to make a primary entrance accessible for persons using wheelchairs or altering a walkway to provide access to a public or common use area. [Housing Development] will pay for reasonable modifications as long as it does not pose a fundamental alteration or undue financial and administrative burden.

Common reasonable modifications may include, but are not limited to:

Many of these items will already be provided in Accessible Housing Units, but [Housing Development] will also provide them as reasonable modifications in Conventional Units unless they create an undue burden. The existence of the requisite number of Accessible Housing Units does not eliminate the need to provide reasonable modifications in other units.

e. What Is the Interactive Process?

When [Housing Development] believes there is an undue burden or a fundamental alteration, we will engage in a discussion with the individual with a disability to determine if there is an alternative accommodation or modification that will meet the person's needs. This is referred to as the interactive process, and is required before a denial can be made. This process often results in a mutually satisfactory accommodation or modification that is effective in meeting the person's disability-related need. People with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability. An individual is not obligated to accept an alternative accommodation or modification suggested by [Housing Development] if s/he believes it will not meet the need and the preferred accommodation or modification is reasonable. [Housing Development] will not force an individual with a disability to accept an accommodation or modification that he or she does not find acceptable.

Any determination that a requested accommodation or modification poses an undue financial or administrative burden or results in a fundamental alteration will be made on a case-by-case basis after the interactive process has been undertaken. Decisions about undue financial and administrative burdens will take into account such factors as the nature and cost of an accommodation, the financial resources of the Owner, the benefits that the accommodation or modification would provide to the requestor, and the availability of alternative, less expensive accommodations or modifications that would effectively meet the requestor's disability-related needs. Merely doing something in a different manner usually does not constitute an undue administrative burden. For example, a tenant with an intellectual disability may need a specific reminder from the property manager each month that the rent is due, and that does not constitute an undue administrative burden.

f. How Do I Make a Request for a Reasonable Accommodation or Modification?

g. What Happens When I Ask for an Accommodation or Modification?

h. Will I Automatically Get My Accommodation or Modification?

When a disability, or the need for a specific accommodation, is not obvious, [Housing Development] may request verification of the existence of the disability; that the accommodation or modification requested is necessary due to disability (that there is a connection between the functional limitations of the disability and the requested accommodation/ modification) and that the accommodation is necessary for the household to have equal use and enjoyment of a dwelling. Any reliable third party with relevant information may provide the verification. It need not be a doctor, medical provider or professional. [Housing Development] will not inquire into the specifics of the disability (such as the diagnosis) or the severity of the disability beyond these inquiries, and will not request medical records.

[Housing Development] will look at the following things when deciding whether to grant your request:

If the answer to the above questions is yes, [Housing Development] will grant the request, except as set out in the next section.

J. When Can [Housing Development] Deny a Request for Accommodations or Modifications?

[Housing Development] will only deny a request if:

[Housing Development] will evaluate these considerations on a case-by-case basis. The question [Housing Development] will ask is: "Could we offer this particular accommodation right now given our current obligations and resources?" A reasonable accommodation/modification is made based on a specific request; therefore, [Housing Development] will not consider whether they could offer this accommodation to everyone who might possibly ask for it.

k. Decisions to Approve or Deny Requests

[Housing Development will make a decision to approve or deny a specific request in writing as soon as possible, but no later than 30 days after all information pertinent to the need for the accommodation or modification has been received. See Appendix 5, Approval or Denial of Reasonable Accommodation or Reasonable Modification Request.

Once a reasonable accommodation or modification agreement is reached that is agreeable to both parties, [Housing Development] will note the agreement in the tenant's records. An accommodation should be put into effect as soon as practicable. A modification must be undertaken and completed in a timely manner.

Notice of approval for a modification must state clearly when the work for the modification is expected to commence, as well as the time frame for completion.

If [Housing Development] makes a decision to deny a request for a reasonable accommodation or modification, it will put the decision in writing, and will clearly state the reason for the decision. A decision to deny a request for reasonable accommodation or modification will be made in writing by senior property management staff who will document the reasons for approval of the decision to deny the request. The notice of denial will provide information about how to initiate an appeal/grievance. See Appendix 5, Approval or Denial of Reasonable Accommodation or Reasonable Modification Request.

If a reasonable modification request is granted, and the subsequent construction would be such that the tenant requires relocation for a limited period of time, [Housing Development] will provide temporary relocation. This is an eligible project expense.

3.15 Assistance Animals (including Service Animals)

a. The Laws that Apply

A variety of state and federal laws provide tenants, prospective tenants with disabilities, and tenant's guests the right to have an assistance animal, pursuant to the reasonable accommodations policies and procedures set forth above. State and federal laws also give people with disabilities who visit or live in a housing development the right to be accompanied by a service animal, which is a specific kind of assistance animal. These rights are discussed separately, below.

b. What are Assistance Animals?

An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. Examples of functions that assistance animals may perform include guiding people who are blind or have low vision, alerting people who are deaf or hard of hearing to sounds, providing personal protection from environmental hazards or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities. Assistance animals that provide emotional support and are not specifically trained to do a task are often referred to as "emotional support animals." They may include dogs or other animals.

c. What are Service Animals?

A service animal is a specific type of Assistance Animal. Generally, it is a dog that has been trained to do work or perform a specific task for a person with a physical, sensory, psychiatric, intellectual or other disability. Service dogs are trained to take specific action when needed to assist the person with a disability. Service dogs provide a wide variety of assistance. They may guide people who are deaf or blind, may fetch items for an individual in a wheelchair, may alert a person with diabetes when blood sugar is low, may alert a person with depression to take medication, may take specific actions to help someone with an impending anxiety attack or with Post-Traumatic Stress Disorder, or may detect the onset of a seizure in a person with epilepsy and help keep the individual safe during the seizure. We will refer to service animals in these Policies as "service dogs" for clarity. (In addition to dogs, service animal may also include a miniature horse meeting certain criteria, under a special provision of the law.)

People may have more than one service dog or assistance animal. For example, a person with a seizure disorder and a visual disability may use one service dog to assist them in navigation and another that is trained as a seizure alert dog.

There is no legal requirement for service dogs to be visibly identified or to have documentation. Service dogs are not required to wear a vest, ID tag, or special harness. There is no requirement that a service dog have completed a formal training program. A service dog may have been trained by its owner. A service dog may still be in training.

d. When are Service Dogs Allowed?

[Housing Development] permits service dogs in all areas. Tenants and their guests are allowed to have service dogs in their apartments, and in all public areas of the [Housing Development], even in buildings with "no pets" policies.

[Housing Development] will not demand verification of disability or need for the service dog, and will not inquire as to the nature or extent of the individual's disability. [Housing Development] will only ask two questions to determine whether a dog is a service animal:

No other inquiry into the disability will be conducted and the service dog will be permitted even without documentation of the disability/need for the animal from a third party.

If the animal is not a dog, or if it does not perform a specific task, then the animal may still be an assistance animal, and permitted as a reasonable accommodation with proper verification (see below).

[Housing Development] will not ask for any documentation about the dog or require that the dog demonstrate its task.

[Housing Development] will not deny access to a service dog unless:

If the animal is not admitted due to one of these circumstances, the individual with a disability can still be admitted to the Development without the animal.

e. When Are Assistance Animals Other than Service Dogs Allowed?

While service dogs are allowed by right, emotional support animals that do not perform specific tasks but provide support by their mere presence may be allowed as a Reasonable Accommodation. It is important to distinguish between psychiatric service dogs who perform a specific task, and support animals.

[Housing Development] will evaluate a request from a person with a disability for a reasonable accommodation to keep or be accompanied by an assistance animal (other than a service dog described above) using the same procedures and general principles that apply to all reasonable accommodation requests (see Sections 2.11, 3.4 and 3.14). After receiving the request, [Housing Development] will consider:

If the answers to questions (1) and (2) are "yes," [Housing Development] will modify or provide an exception to a "no pets" rule or policy to permit a person with a disability to have an assistance animal(s), in all areas of the premises unless doing so would:

In making a determination regarding a reasonable accommodation request for an assistance animal, [Housing Development] will comply with all requirements regarding reasonable accommodations in Sections 3.4 and 3.14.

f. Putting It Together

When a tenant, applicant or visitor seeks to access a [Housing Development] with an assistance animal, [Housing Development] will first:

If the answer to question 1 is yes, and the dog has been trained to perform work or a task, the animal must be permitted to accompany the person to all areas where persons are normally permitted to go, unless (1) the animal is out of control and its handler does not take effective action to control it; (2) the animal is not housebroken; or (3) the animal poses a direct threat to the health or safety of others that cannot be eliminated or reduced to an acceptable level by a reasonable modification to other policies, practices, or procedures.

If the dog does not meet the service dog test, or if the animal is not a dog, then [Housing Development] will evaluate the request for an assistance animal according to its usual reasonable accommodation policies and Section 3.14 above.

3.16 Guidelines for All Assistance Animals, Including Service Dogs, Living in the Development

For all assistance animals, including service dogs, [Housing Development] will apply the following guidelines:

3.17 Policy on Effective Communication

a. Overview

[Housing Development] will ensure that communications with applicants and tenants with disabilities are as effective as its communications with people without disabilities. To meet this obligation, [Housing Development] will provide appropriate auxiliary aids and services to ensure that People with Disabilities have an equal opportunity to participate in, and benefit from, their Housing Development and services provided.

[Housing Development] will provide, at its expense, auxiliary aids and services for effective communication with its residents, applicants, and employees. People will not be asked or required to provide and/or pay for their own interpreters. A person with a disability may request a specific type of auxiliary aid or service as his or her preferred method of communication.

b. Provision of Auxiliary Aids and Services

Auxiliary aids and services may include, but are not limited to:

[Housing Development] will provide, upon request from people who are blind, have low vision, or have cognitive disabilities, forms, notices, and other information in alternative formats, including in response to requests to automatically receive in a requested alternate format all print materials distributed, posted, or made available to applicants and residents.

In determining which auxiliary aids and services to provide, [Housing Development] will give primary consideration to the requests of the individual with a disability unless doing so would result in an undue financial and administrative burden. The preferred choice must be honored unless it can be shown that:

Auxiliary aids and services will be provided in such a way as to protect the privacy and independence of the individual with a disability.

Adult family and friends will not be required or used to interpret, except in an emergency or at the choice of the individual in short, informal interactions that do not involve matters related to admission or occupancy. Children will not be used except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.

When possible and practical, auxiliary aids and services will be provided immediately on an as needed basis, and "walk-in" requests for aids and services will be honored to the extent possible. However, there may be instances in which it is not possible to provide requested aids and services immediately, such as arranging for Braille materials or American Sign Language Interpreters. People needing these services should, where possible, make the request for auxiliary aids or services in advance of when needed.

Owners must provide every tenant an opportunity to identify a third person to assist with communications and support and must use HUD Form HUD-92006 (5/09) or an equivalent form to identify such people. See Appendix 8, HUD Notice of Supplemental and Optional Contact Information for Applicants and Tenants.

3.18 Appeal and Grievance Procedures

[Housing Development will use the following grievance procedures:

3.19 Department on Disability — Information and Referral Resources