UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF IDAHO

   UNITED STATES OF AMERICA,
        Plaintiff,

   v.

                                                    No. CIV-01-0054-E-BLW

   ALLAN HORSLEY, and HORSLEY
   CONSTRUCTION,
         Defendants.

   ______________________________________

                               CONSENT DECREE

   This Consent Decree resolves the above-captioned case brought by the
   United States of America against defendants Allan Horsley and Horsley
   Construction ("Defendants"). The Complaint alleges that Defendants
   discriminated against persons with disabilities by failing to design
   and construct the covered multifamily dwellings at the Elms Apartments
   in Pocatello, Idaho ("the Elms") in accordance with subsection
   804(f)(3)(C) of the Fair Housing Act ("the Act"), 42 U.S.C.
   3604(f)(3)(C).

   Defendants are the developers and owner of the Elms. The Elms has 12
   apartments, all of which are located on the ground floor and are
   "covered multifamily dwellings" within the meaning of 42 U.S.C.
   3604(f)(7)(B). The apartments and the common areas of the Elms are
   subject to the requirements of § 3604(f)(3)(C), which mandates the
   following features of accessible and adaptive design: (a) public use
   and common use areas that are readily accessible to and usable by
   persons with disabilities; (b) doors designed to allow passage into
   and within all premises that are sufficiently wide to allow passage by
   persons using wheelchairs; (c) an accessible route into and through
   the dwelling; (d) light switches, electrical outlets, thermostats, and
   environmental controls in accessible locations; (e) reinforcements in
   bathroom walls to allow later installation of grab bars; and (f)
   usable kitchens and bathrooms such that an individual using a
   wheelchair can maneuver about the space. Defendants admit that they
   failed to design and construct the Elms in compliance with these
   requirements.

   The United States and Defendants agree that this Court has
   jurisdiction over the subject matter of this case pursuant to 28
   U.S.C. § 1345 and 42 U.S.C. § 3614(a). The parties also agree that the

                        UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF IDAHO

   UNITED STATES OF AMERICA,
        Plaintiff,

   v.

   ALLAN HORSLEY, and HORSLEY
   CONSTRUCTION,
        Defendants.

   ________________________________

                                 COMPLAINT

   The United States of America alleges:

    1. This action is brought by the United States to enforce the
       provisions of Title VIII of the Civil Rights Act of 1968 (the Fair
       Housing Act), as amended by the Fair Housing Amendments Act of
       1988, 42 U.S.C. §§ 3601-3619. It is brought on behalf of the
       Intermountain Fair Housing Council pursuant to Section 812(o) of
       the Fair Housing Act ("the Act"), as amended, 42 U.S.C. § 3612(o),
       as well as pursuant to Section 814(a) of the Act, 42 U.S.C.
       3614(a).
    2. This court has jurisdiction over this action under 28 U.S.C.
       1345 and 28 U.S.C. § 3614(a).
    3. Venue is proper in that the claims alleged herein arose in the
       District of Idaho.
    4. The Elms Apartments ("The Elms") are multifamily dwellings located
       in Pocatello, Idaho, in the District of Idaho.
    5. The Elms consist of three buildings, located at 2211, 2219, and
       2227 South Fourth Avenue in Pocatello. Each building contains four
       dwelling units, for a total of twelve dwelling units. All twelve
       units are located at ground level.
    6. The Elms were designed and constructed for first occupancy after
       March 13, 1991. Each apartment at The Elms is a dwelling within
       the meaning of 42 U.S.C. § 3602(b).
    7. Each of the 12 units at The Elms is a "covered multifamily
       dwelling" within the meaning of 42 U.S.C. § 3604(f)(7)(A) and is
       subject to the design and construction requirements set forth at
       42 U.S.C. § 3604(f)(3)(C).
    8. Defendant Allan Horsley resides in Pocatello, Idaho.
    9. Defendant Horsley Construction has its principal place of business
       in Pocatello, Idaho.
   10. Defendants Horsley and Horsley Construction owned The Elms during
       its construction and were responsible for the design and