Full opinion text
MEMORANDUM OPINION AND ORDER RULING ON FAIRNESS OF PROPOSED SETTLEMENT CASTILLO, District Judge. TABLE OF CONTENTS I.BACKGROUND..........................................................1135 A. Relevant Procedural History...........................................1136 B. Relevant Facts.......................................................1136 1. Addison, Green Oaks and Michael Lane............................1136 2. The Camiros Study...............................................1137 3. Village Action Affecting Green Oaks and Michael Lane Before 1994..........................................................1138 4. Kane McKenna’s Findings.........................................1138 5. Racial Composition of the TIF Districts.............................1139 6. The TIF Adoption Process and Village’s Course of Action.............1139 (a.) The Army Trail/Mill Road TIF.................................1139 (b.) The Michael Lane TIF........................................1140 7. Evidence on Conditions in Green Oaks and Michael Lane..............1141 (a.) Housing Code Violations......................................1141 (b.) Lack of Property Maintenance.................................1142 ■ (e.) Density/Lack of Green Space..................................1142 8. Village Awareness of Green Oaks and Michael Lane’s Racial Composition...................................................1143 II. THE PROPOSED CONSENT DECREE ....................................1144 A. ’ Ban on Housing Discrimination by the Village of Addison..................1144 B. Redevelopment Plan..................................................1144 C. Monetary And Other Compensation.....................................1146 D. Relocation Assistance.................................................1148 E. Fair Housing Education...............................................1149 F. Túne Period and Enforcement of Consent Decree.........................1149 III. THE STANDARDS FOR JUDICIAL APPROVAL OF CLASS ACTION SETTLEMENTS.......................................................1149 A. The Strength of Plaintiffs’ Case ........................................1150 1. Legal Standards Applicable to Fair Housing Act Claims...............1150 2. The Parties’ Arguments on Discriminatory Impact....................1152 3. Applying the Arlington Heights II Factors..........................1153 (a.) Discriminatory Effect.........................................1154 (b.) Evidence of Discriminatory Intent..............................1157 (i.) TIF Boundaries and Activities.............................1158 (ii.) Legislative History of and Events Surrounding Adoption of the Army Trail/Mill Road TIF.....................1158 (iii.) Village Knowledge of Green Oaks and Michael Lane Demography ..........................................1159 ■ (c.) The Village’s Interest in Taking the Actions Producing Discriminatory Effect.......................................1159 (i.) Burden of Proof......... 1160 (ii.) The Village’s Interests In Its Actions............. 1162 (d.) Relief Requested.............................................1163 4.Balancing the Arlington Heights II Factors •.......................... 1163 B. Comparison of Uncertain Litigation Results to Consent Decree.............1164 C. The Village of Addison’s Ability To Pay..................................1166 D. Complexity, Length and Expense of Further Litigation....................1166 E. Amount of Opposition To The Settlement/Class Members’ Reactions.......1166 F. Presence of Collusion in Reaching A Settlement..........................1169 G. Adequacy of Compensatory Damages ...................................1170 H. Opinion Of Competent Counsel.........................................1170 I. Stage Of the Proceedings And The Amount Of Discovery. Completed.......1170 CONCLUSION................................................................1171 I. BACKGROUND The hallmark of a great society — a true racially and ethnically integrated community — is an elusive goal that unfortunately still has not been achieved in most urban and suburban communities. The consolidated lawsuits pending before this Court involve one suburban community’s struggle with the issue of racial and ethnic diversity. In 1994, the Village of Addison began purchasing and demolishing multifamily residential structures in two of the Village’s largest Hispanic neighborhoods. Claiming that these areas and their surrounding environment were “blighted,” the Village implemented the powers of acquisition and condemnation granted it by Illinois’ Tax Increment Allocation Redevelopment Act, a tool for financing municipal redevelopment projects. Residents and property owners in these two districts, along with organizations working to eliminate housing discrimination against Hispanics, promptly sued the Village alleging, inter alia, that the Village’s prior and planned acquisition and demolition had a disparate impact on Hispanic residents and constituted intentional discrimination in violation of the Fair Housing Act, 42 U.S.C. § 3601 et seq. This three-year-old, hotly contested housing discrimination case is presently before the Court on the parties’ joint motion for final approval of a proposed settlement for the plaintiff class. Pursuant to the Court’s preliminary approval of the proposed Consent Decree (“the Decree”), appropriate notice was given in both the English and Spanish languages to all class members via both publication and direct mail notice. Thereafter, on October 30, 1997 at 7:00 p.m., this Court held a class fairness hearing in Addison, Illinois. The Court departed from the normal practice of holding this hearing during normal working hours in the downtown federal courthouse because it wanted to ensure that all interested persons could easily testify at this hearing. This was especially important because the Decree directly affects only residents of the Addison, Illinois community. This Court also inspected the neighborhoods affected by the litigation and the Decree with the attorneys for the parties on the afternoon of October 30, 1997, in preparation for the fairness hearing. Before proceeding to describe the proposed settlement, it is important to set the context by reviewing the relevant procedural history and facts that surround this litigation. A. Relevant Procedural History On October 6, 1994, the lawsuit entitled Hispanics United of DuPage County, et al. v. Village of Addison, et al., No. 94 C 6075, was filed and assigned to this Court. Thereafter, the defendants agreed to a “stand still/status quo” order that would prevent any demolition of buildings in Addison without approval of this Court. On April 21, 1995, this Court granted the plaintiffs’ motion for class certification. See Hispanics United of Dupage County v. Village of Addison, Ill., 160 F.R.D. 681 (N.D.Ill.1995). On July 7,1995, the Department of Justice filed its related lawsuit, United States of America v. Village of Addison, No. 95 C 3926, and this action was consolidated with the Hispanics United suit. From early 1995 to the present, the parties have concentrated on two principal activities: (1) preparing the consolidated lawsuits for trial and (2) determining whether any settlement could be achieved. The Court set two different firm trial dates in this case. The first firm trial date of April 22, 1996 was vacated on April 11, 1996 based on a tentative settlement accord, which in essence created the foundation for the current proposed settlement before this Court. This preliminary April 1996 accord was achieved on the eve of the first firm trial date, only after the conclusion of all pretrial discovery, the filing of a final pretrial order, and the Court’s ruling on various motions in limine regarding contested evidentia-ry matters. During this time period, numerous settlement conferences were held. The Court received assistance in this process, and wishes expressly to commend former federal Judge Nicholas J. Bua for his fine mediation efforts in this case in his capacity as Special Master. The Court also wishes to commend Magistrate Judge Rebecca C. Pallmeyer for her outstanding efforts in supervising the preparation of an appropriate final pretrial order in this difficult ánd complex case.' The parties were unable to finalize their settlement during the remainder of 1996, forcing this Court to set a new firm trial date of May 27, 1997. Prior to this date, the parties again prepared for trial and the Court ruled on various new pretrial motions, including the' defendant’s motion for partial summary judgment, which principally addressed standing. See Hispanics United of DuPage v. Village of Addison, 958 F.Supp.1320 (N.D.Ill.1997) (motion granted in part and denied in part). In April of 1997, this Court issued further evidentiary rulings concerning several new motions in limine in final preparation for trial. During that month, the plaintiffs also filed a motion for partial summary judgment on liability for disparate impact discrimination. This motion was fully briefed and awaiting ruling by the Court when the parties reached a settlement. On May 21, 1997, a mere six days before the start of trial, the Court granted the parties’ oral motion for preliminary approval of the Decree presently before the Court. Following are the facts as they stood on the eve of trial. B. Relevant Facts 1. Addison, Green Oaks and Michael Lane The Village of Addison, population 32,058, lies some 20 miles to the west of Chicago. Pis.’ Facts ¶¶ 1, 3. Its Hispanic population has grown in recent years, from 5.8% in 1980 to 13.4% in 1990. Pis.’ Facts ¶¶2-3. Although Hispanics live in a number of areas throughout the Village, see Pis.’ Ex. E, there are two neighborhoods in which the Hispanic population is heavily concentrated: Green Oaks and Michael Lane. Since 1990, both neighborhoods have been majority Hispanic. Pis.’ Facts ¶ 7. In fact, Michael. Lane and Green Oaks are the only majority Hispanic areas in the Village, and contain its two largest Hispanic populations. Pis.’ Facts ¶¶ 11-12. Prior to 1994, the two neighborhoods furnished nearly a quarter of the Village’s rented housing, most of it accessible to moderate- and low-income families. These two neighborhoods were first developed in the 1960s, and were approved by the Village at that time. Pis.’ Facts ¶ 17. All the buildings in Green Oaks and Michael Lane are low-rise structures less than thirty-five years old and of an average age for multi-family residential units in Addison. Pis.’ Facts ¶¶ 18-19; Def.’s Facts ¶ 18. Located on the northeast side of the Village, Michael Lane has 109 buildings divided into 619 units; Green Oaks, on the southwest side, consisted of 35 buildings containing 208 units before the Village began acquisitions and demolition in 1994. Def.’s Add’l Facts ¶¶ 98-99. The total number of rental units in Addison lies somewhere between 3258 and 3902. Pis.’ Facts ¶ 23; Def.’s Facts ¶ 23. Residential vacancy rates in Green Oaks and Michael Lane hover between 2 and 4%, compared to the Village-wide rate of 2.7%. Pis.’ Facts ¶¶ 20, 25. As of 1990, the apartments in Michael Lane and Green Oaks rented for an average of $568 a month, affordable housing by DuPage County standards. Pis.’ Facts ¶ 21; Def.’s Facts ¶ 21. A majority of the neighborhoods’ residents earn moderate or low incomes: in 1991, a survey of Michael Lane households reported that 66% had annual incomes of less than $25,100 and that 54% earned less than $21,700; in 1992, 63.49% of Green Oaks residents were classified as “very low income” and 76.19% as low- and moderate-income persons. Pis.’ Facts ¶ 22. 2. The Camiros Study In 1988, the Village hired a planner, Cami-ros Ltd., to examine the Michael Lane area and recommend ways in which it could be improved. Def.’s Add’l Facts ¶ 103. Green Oaks was not included in the study. Cami-ros’ preliminary investigation suggested that Michael Lane would meet the statutory requirements for redevelopment under the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/1174.4-1 et seq. Def.’s Add’l Facts ¶ 104. This statute, passed in 1977, permits-municipalities to use a device called “tax increment financing” (“TIF”) in order to fund redevelopment projects. Def.’s Add’l Facts ¶ 122; Pis.’ Facts ¶ 46. Regions that meet the statute’s definition of a “blighted” area may be incorporated into TIF districts, where the municipality is then authorized to acquire property in the district, by contract or condemnation, and demolish it. Pis.’ Facts ¶ 47; see 65 ILCS 5/11-74.4-3(a), § 74.4-4(c), (d). In support of its suggestion that Michael Lane exhibited characteristics of blight, Camiros observed that Michael Lane residential property values were stagnant or declining, and that the area reflected “crowded living conditions” and “overall poor property maintenance.” Def.’s Ex. 28 at Bates # 400006. It noted that the buildings stood closer together than would be permitted under the Village’s current standards and did not include enough space for off-street parking. Id. As requested, Camiros recommended steps for enhancing Michael Lane’s appearance and living conditions. It suggested making street and gutter improvements and continuing housing inspections, and explained in detail ways in which to improve both private and public areas in the neighborhood. Def.’s Add’l Facts ¶ 104; Pis.’ Supp. Ex. 31. This undertaking, Camiros stressed, had to be the product of “an agreed-upon strategy that brings the public and private sectors together into a partnership venture.” Def.’s Ex. 29 at Bates #4000012. It is undisputed that Village officials held a meeting attended by several Michael Lane building owners, and discussed at least some of the Camiros study findings. June 29, 1995 Block Dep. at 22; January 11, 1996 Block Dep. at 335. The Village maintained, based on the testimony of one the trustees who ran the meeting, that it tried to implement Camiros’ suggestions, but the building owners showed no interest. Def.’s Add’l Facts ¶.107. Plaintiffs, on the other hand, claimed that the Village did not tell the property owners about all the options posed by Camiros, for example, creating a subsidized low-interest loan program for improvement and rehabilitation. See Pis.’ Supp. Ex. 32. Plaintiffs also pointed to the testimony of Barbara Berlin, the Camiros employee in charge of the Michael Lane study, that the Village was less than enthusiastic about pursuing a number of Camiros’ recommendations. April 24, 1997 Berlin Dep. at 72-77. Berlin also told the Village Finance and Policy Committee that “[t]here seems to be some interest in participating in a program” on the part of Michael Lane building owners. Pis.’ Supp. Ex. 33 at Bates # 030329. 3. Village Action Affecting Green Oaks and Michael Lane Before 1994 Following the Camiros study, the Village took a number of actions affecting Michael Lane and Green Oaks. In November 1988, the Village began to enforce in these areas its ban on overnight street parking. Pis.’ Facts ¶ 43. Although the ordinance had long been on the books, and applied Village-wide, this was the first time that the Village had enforced it in Green Oaks and Michael Lane. Id. The Village notified residents by letter that it was going to start enforcing the ban. Pis.’ Facts ¶¶ 44-45. On November 10,-1988, Village Trustee Raman Thakker sent letters to Green Oaks property owners requesting a meeting to discuss alternate parking solutions for the area. Def.’s Add’l Facts ¶ 108. One of the Village’s suggested remedies for alleviating the ban’s effects was to have building owners rent additional spaces in a nearby shopping center parking lot. Def.’s Add’l Facts ¶ 120. In the early 1990s, the Village applied for financial assistance from DuPage County to help fund street, common area, and sewer improvement projects in the Green Oaks and Michael Lane neighborhoods. The funding source was DuPage County’s Community Development Block Grant (“CDBG”) Program. In 1991, the Village requested CDBG funding to improve the Green Oaks neighborhood street and drainage system, creek channel, and parking alley. Def.’s Add’l Facts ¶ 114. The same year, the Village applied for CDBG assistance to resurface the streets, remove and replace curbs, improve drainage, upgrade common parking facilities, and bury overhead utility wires in Michael Lane. Def.’s Add’l Facts ¶ 115. In 1992, the Village spent $119,403.03 on Green Oaks Court improvements, including storm sewer, curb and gutter replacements. Pis.’ Resp. Add’l Facts ¶ 116. Although its source of funding is unclear, a 1992 storm sewer construction project in Michael Lane cost $75,684. Def.’s Add’l Facts ¶ 117. 4. Kane McKenna’s Findings The sequence of events in 1993 and 1994 led directly to the adoption of TIF districts containing the Green Oaks and Michael Lane neighborhoods. In 1993, the Village hired Kane McKenna, a municipal finance consulting firm that has qualified nearly 100 TIF districts, to evaluate a proposed TIF district in Addison. Pis.’ Facts ¶ 56; Def.’s Add’l Facts ¶ 127. Termed the “Army Trail/Mill Road TIF,” the proposed district included Green Oaks, as well as the Army Trail Plaza Shopping Center, vacant land owned by the Moody Bible Institute, and the Addison (a.k.a.LaLonde) Courts Apartments. Def.’s Add’l Facts ¶ 129. In January 1994, Kane McKenna made a preliminary determination that the Army Trail/Mill Road area satisfied over five “blighting” factors delineated in the TIF statute and, consequently, qualified for TIF status. Def.’s Add’l Facts ¶ 128. As a whole, the area was reported to exhibit blight in terms of age, depreciation of physical maintenance, deleterious land use, inadequate utilities, code violations, and lack of effective community planning. Def.’s Add’l Facts ¶ 128; Pis.’ Resp. Add’l Facts ¶ 128. As mandated by statute, the report found these characteristics present to a “meaningful extent” throughout the area; however, the report’s primary focus was on the area’s commercial property, specifically, the Army Trail shopping center. See Def.’s Ex. 48. On March 21, 1994, the Village enacted an ordinance establishing the Army Trail/Mill Road TIF district, which encompassed Green Oaks and the other areas studied by Kane McKenna. Pis.’ Facts ¶ 4; Def.’s Add’l Facts ¶ 129. After adopting the Army Trail/Mill Road TIF, the Village expressed interest in having Kane McKenna investigate another proposed district. June 2, 1995 Murphy Dep. at 257. In May 1994, the Village sent Kane McKenna the Camiros study on Michael Lane, which helped describe the area that the Village wished to include in the district. Def.’s Add’l Facts ¶ 133. Kane McKenna prepared a draft report for the “Proposed Michael Lane Area Redevelopment Project” in July 1994, which determined that, like the Army Trail/ Mill Road district, the Michael Lane area qualified for TIF treatment. Def.’s Ex. 57. Included in the study area were Michael Lane, two retail centers, and some vacant land. See Def.’s Ex. 57. The report determined that the region contained the following blighting factors: depreciation of physical maintenance, excessive land coverage, lack of community planning, presence of structures below minimum code standards, deleterious land use and/or layout, inadequate utilities, and age. Id. These factors were found present to a “meaningful extent” throughout the area. Id. On October 3, 1994, the Village passed ordinances establishing the Michael Lane TIF district. Def.’s Add’l Facts ¶ 136. 5. Racial Composition of the TIF Districts The Army Trail/Mill Road and Michael Lane districts are the only TIFs that the Village adopted; within their boundaries resides 43.7% of the Village’s total Hispanic population. Pis.’ Facts ¶ 9. Compared to a Village-wide population of 13.4%, Hispanics comprise 49.4% of the TIF districts. Pis.’ Facts ¶¶ 3, 10. In fact, the TIFs encompass the two largest Hispanic neighborhoods — and contain the two highest concentrations of Hispanics — in the Village. Pis.’ Facts ¶¶ 8-9. The TIFs’ Hispanic resident population is mirrored in building ownership — 42.9% of the buildings in Green Oaks and 34.9% of the buildings in Michael Lane are Hispanic-owned. Pis.’ Facts ¶ 16. In contrast, the areas surrounding the TIF districts are predominantly white. Pis.’ Facts ¶ 14. The map prepared by the Village showing Hispanic population distribution throughout the Village (Pis.’ Ex. F), viewed in conjunction with the map outlining the TIF districts (Pis.’ Ex. BBB), reveals a stark contrast between the concentration of Hispanics within the TIF districts and the surrounding majority white areas. 6. The TIF Adoption Process and Village’s Course of Action (a.) The Army Trail/Mill Road TIF Following Kane McKenna’s recommendation in January 1994 that the Army Trail/Mill Road area qualified for TIF status, but before passing the ordinance establishing the area as a TIF district, the Village held a public hearing on March 7, 1994. Trustee (now Mayor) Lorenz Hartwig presided as President Pro Tem. He assured residents at the meeting that “no plans have been made at this time” for properties within the Army Trail/Mill Road area, that the Village wanted to do the least possible to accomplish its goals, that it was “not anxious” to use its TIF condemnation powers, that the Trustees “wanted public input all along the way,” and that “all decisions have to be made at public hearings.” Pis.’ Facts ¶ 52; Pis.’ Ex. Y at Bates # 001589-001612. Two weeks later, on March 21, the Village Board of Trustees approved the ordinance creating the Army Trail/Mill Road TIF district. Def.’s Facts ¶ 53. After approving the TIF district, the tillage began purchasing buildings in Green Oaks and filing condemnation suits against owners who refused to sell their buildings. Pis.’ Facts ¶ 60. On March 28, 1994, the Trustees held an Executive Session Meeting, during which they authorized the Village Manager, Joe Block, to begin acquiring buildings in Green Oaks. Pis.’ Facts ¶ 54. Village President Anthony Russotto stated that “he would like to buy the center core first, we can buy and demolish more buildings this way.” Pis.’ Ex. N. Block told the Board that “he [could] probably accomplish the purchase and demolition and get started now.” Id. In response to this statement, Trustee Chrysogelos asked about “the displacement of the Hispanic tenants that total approximately 50% in the area.” Id. No reply is recorded in the minutes. By April of 1994, the Village had performed appraisals on each of the 28 four-flat buildings in Green Oaks. Pis.’ Facts ¶ 58. Between the time the TIF was passed on March 24,1994 and October 6, 1994, the date plaintiffs filed this lawsuit, the Village acquired and demolished eight buildings, acquired, vacated and boarded up three more for demolition, had nine buildings pending in condemnation actions, and two others under contract to purchase — • all in Green Oaks. Pis.’ Facts ¶ 62; Pis.’ Ex. E. Activities ceased when the parties entered a standstill agreement. Pis.’ Facts ¶ 63. Green Oaks neighborhood is the only part of the Army Trail/Mill Road TIF where the Village, in pursuing TIF redevelopment, acquired and demolished property and initiated condemnation proceedings against building owners. Pis.’ Facts ¶ 64. N.o public planning process open to all Village residents preceded the acquisitions and demolitions; Trustee Hartwig’s assessment was that the Village was receiving overwhelming informal support for its actions. Pis.’ Facts ¶ 55; Def.’s Facts ¶ 55. Other than two vacant buildings in the LaLonde apartment complex, which were demolished for reasons unrelated to TIF redevelopment, the Village did not redevelop either the apartments in the majority white neighborhood on the south end of the TIF, or the vacant commercial buildings in the Army Trail Plaza Shopping Center. Pis.’ Facts ¶¶ 15, 65; Def.’s Facts ¶ 65. Trustee Thakker explained that the Village had not pursued redevelopment in the commercial TIF areas because no developer had committed to the project. Thakker Dep. at 456-60. • The Village did not retain a developer or formulate a specific redevelopment plan before it undertook demolition in Greek Oaks. Pis’ Facts ¶¶ 57, 66. It did, however, retain a land use planning consultant for the Army Trail/Mill Road area on July 5, 1994. Def.’s Add’l Facts ¶ 130. In addition, the Village sponsored a developers’ conference in July 1994 to solicit developers interested in the TIF area. Def.’s Add’l Facts ¶ 131. As a result of the Village’s actions in Green Oaks, 44 units were demolished and 150 people displaced from their homes. Pis.’ Facts ¶¶ 67, 68. Of those residents, 73, or about 50%, were Hispanic. Id. Although the Village considered offering financial assistance to owners and residents displaced from Green Oaks, it ultimately declined to do so. Pis.’ Facts ¶ 68; Def.’s Facts ¶ 68. The Village made an affirmative choice not to include relocation assistance as a line-item budget for either the Army Trail/Mill Road or Michael Lane TIFs, against the recommendations of its TIF consultants. Pis.’ Facts ¶ 68. In addition, the Village provided no oral or written communications in Spanish about the TIF districts to anyone before it began acquiring and demolishing buildings, despite having provided bilingual notices to Green Oaks and Michael Lane residents on three other occasions. Pis.’ Facts ¶¶ 94-97. (b.) The Michael Lane TIF The Village began discussing land acquisition in Michael Lane in May 1994, five months before it was approved as part of a TIF district. Pis.’ Facts ¶ 75. During the July 1994 developers’ conference designed to solicit interest in the Army Trail/Mill Road TIF, Village officials discussed- redevelopment in Michael Lane as well. " Pis.’ Facts ¶77. Following the conference, developers toured the area. Id. In September 1994, the Village held a public hearing on the Michael Lane TIF. It adopted an ordinance establishing the TIF district on October 3. Pis.’ Facts ¶ 74. ' Although it lacked a developer or a specific redevelopment plan for Michael Lane, the Village’s goal was to acquire and demolish buildings in the area to reduce its density to 8 to 10 units per acre. Pis.’ Facts ¶¶ 79, 82-83. Local zoning laws, however, do not require existing structures to satisfy this density standard. The 10-or-fewer units per acre figure is mentioned only in the “Village of Addison 1993 Comprehensive Plan,” a “future land use plan” reflecting the Village’s long-range policy on development. Def.’s Ex. 20. The plan specifies a goal of reducing density to 10 units per acre or less in multifamily areas “proposed for redevelopment” under the plan. Id. Nonetheless, the plan emphasizes that it is not intended to disturb “existing uses which conflict with the proposed land use.” Id. To meet the 8-to-10-unit-per-acre target in Michael Lane, the Village would have had to demolish 359 of its 619 rental units. Pis.’ Facts ¶79. Shortly after adopting the Michael Lane TIF, the Village suspended its redevelopment activities in the district as part of the standstill agreement with the plaintiffs. Pis.’ Facts ¶ 63; Def.’s Facts ¶ 63. In 1994, when this litigation began, Green Oaks and Michael Lane were the only two areas in the TIFs slated for TIF-funded acquisition and demolition. Pis.’ Facts ¶48. The Village did not discuss replacing any of the units demolished or removed from the market in these neighborhoods with affordable housing until after plaintiffs had filed suit. Pis.’ Facts ¶ 26. 7. Evidence on Conditions in Green Oaks and Michael Lane The Village presented several reasons for including Green Oaks and Michael Lane in the TIF districts, and for embarking on a course of acquiring (and in the ease of Green Oaks, demolishing) property in the neighborhoods. According to the Village, the neighborhoods were plagued by numerous, recurring housing code violations, poorly maintained property, and density/laek of open space. We summarize the evidence on these points below. (a.) Housing Code Violations Since 1985, the Village has conducted annual inspections on apartment buildings containing three or more units to ensure compliance with the Village Housing Code. Pis.’ Facts ¶ 28. All residential buildings in Green Oaks and Michael Lane are subject to these inspections. Id. The Village relied on expert reports opining that Green Oaks and Michael Lane exhibited code violations out of proportion to the rest of the Village in certain years. Def.’s Facts ¶¶ 136-37. Compiling data from housing inspection letters itemizing code violations in 1993, one expert found that multi-family units in the two TIF districts constituted one-fourth of the housing subject to inspection, but supplied almost 45% of the code violations. Def.’s Ex. 61 at 5. Another expert reviewing housing inspection letters from 1992-1994 opined that the housing code violations in Green Oaks and Michael Lane during-these years “evidence serious safety hazards, unhealthy living conditions, and a persistent lack of basic maintenance.” Def.’s Ex. 62 ¶ 1. In addition, the Kane McKenna TIF qualification reports indicated that residential owners in both neighborhoods received large numbers of housing code citations before 1993. With respect to Green Oaks, Kane McKenna found that “[mjany of the residential building owners have received over 100 citations annually on average, and often repeated the same violations year after year.” Def.’s Ex. 48 at 13. And in Michael Lane, “[mjany of the residential building owners received over 50 citations annually on average, and often repeated the same violations year after year.” Def.’s Ex. 57 at 13. Finally, Assistant Director of Community Development John Berley testified that housing inspections in Green Oaks and Michael Lane uncovered code violations “year after year,” but based on the nature of the inspection program, they would all have to have been repaired. July 11, 1995 Berley Dep. at 245. On the other hand, plaintiffs offered evidence that all the buildings in Green Oaks and Michael Lane were certified to be in compliance with the Housing Code in 1993 and 1994. Pis.’ Facts ¶ 30. Owners of multifamily apartment buildings must secure a license from the Village before they are permitted to rent any of the units;' the Village will not issue a license until the building has been inspected and found to comply with the Housing Code. Pis.’ Facts ¶¶ 28-29. In 1994, every building in Green Oaks and Michael Lane had a valid license. Pis.’ Facts ¶30. Moreover, the parties agreed that the Village never determined any building in Michael Lane to be uninhabitable, and the Village did not properly dispute the fact that the housing in Green Oaks and Michael Lane cannot be considered uninhabitable. Pis.’ Facts ¶¶ 31, 33. It is also undisputed that the Village never filed a condemnation suit against a property owner in Green Oaks or Michael Lane based on the presence of code violations. Pis.’ Facts ¶¶ 32. (b.) Lack of Property Maintenance There was -evidence that rental units in Green Oaks and Michael Lane have not been well-maintained. Kane McKenna’s reports found that the' majority of the residential buildings in the TIF districts “suffer from visible exterior depreciation and lack of necessary interior repairs required for safety and utility needs.” Def.’s Ex. 48 at 3; Def.’s Ex. 57 at 3. In Michael Lane, Kane McKenna reported that “[p]oor organization of maintenance tasks among the owners is evident,” and that “[t]he residential areas have suffered from the lack of meaningful private initial investment (or reinvestment) to alleviate current blighting conditions.” Def.’s Ex. 57 at 4-5. The Village, however, reportedly failed to offer residents and owners guidance in the form of housing planning or economic development to prevent blight and decline. Def.’s Ex. 48 at 13; Def.’s Ex. 57 at 5. The Village’s expert reports supported Kane McKenna’s conclusions on deterioration and depreciation of physical maintenance. See Def.’s Add’l Facts ¶ 139. Addison’s Village Manager, Joe Block, also discussed the lack of maintenance in Green Oaks, testifying that the area “has been a great concern to the Village over the past few years with regard to the condition of the units, the density in the area and the lack of maintenance in many cases with many of the structures.” March 7,1994 Block Dep. at 12. Plaintiffs contested the Village’s evidence of insufficient maintenance with a summary of real estate appraisals conducted at the Village’s behest in 1994. Independent real estate appraisers hired by the Village evaluated 35 buildings — 28 of the 35 buildings in Green Oaks and 7 of the 109 buildings in Michael Lane. On a rating scale of good-average-fair-poor, 30 rated good to average, and five rated average to fair, but none fell into the “poor” category. Pis.’ Facts ¶ 35. The appraisers calculated the buildings’ future useful economic lives at more than 40 years. Id. Moreover, from 1992 to 1995, Green Oaks and Michael Lane housing sale prices increased 3-4% yearly. Pis.’ Facts ¶ 37. (c.) Density/Lack of Green Space According to the Village, Green Oaks and Michael Lane suffered, at least visually, from high density and overcrowding. Kane McKenna agreed, reporting that the buildings in Green Oaks and Michael Lane were originally constructed on lots much smaller that current zoning laws would permit, “contributing to highly dense, overcrowded complexes.” Def.’s Ex. 48 at 3; Def.’s Ex. 57 at 4. In short, the neighborhoods had “too many structures located on undersized parcels.” Def.’s Ex. 48 at 13; Def.’s Ex. 57 at 13. The reports further opined that “[ejxcessive land coverage ... of some structures has likely contributed to the area’s overall depreciation.” Def.’s Ex. 48 at 10; Def.’s Ex. 58 at 11. A number of Village Trustees also expressed concerns that Green Oaks and Michael Lane were too dense and/or did not contain sufficient open space. See Transcript of 3/7/94 Public Hearing Re: Army Trail/Mill Road TIF at 12; Layne Dep. at 98; Veenstra Dep. at 121; Chrysogelos Dep. at 31. Plaintiffs challenged the Village’s position on density with evidence indicating that the apartments in Green Oaks and Michael Lane are no more dense than the average multifamily building in the Village, and suggested the Village’s density figures for Green Oaks and Michael Lane inexplicably changed over time. After the plaintiffs filed suit, the Village calculated densities for all multi-family units in the Village, measured in units per acre. Pis.’ Facts ¶ 38. Green Oaks averaged 25 units per acre, and Michael Lane, about 24 units per acre — but Village-wide, 75% of apartment buildings had densities greater than 20 units per acre, and 67% of those were located outside Green Oaks and Michael Lane. Id. Before this action was filed, Village density figures for Green Oaks and Michael Lane were as low at 15 units per acre. Id. Finally, in contrast to Kane McKenna’s conclusion that current zoning laws would require the apartments in Green Oaks and Michael Lane to be built on larger lots, the Village’s 1994 real estate appraisals found that the buildings complied with local zoning laws. Pis.’ Facts ¶ 35. 8. Village Awareness of Green Oaks and Michael Lane’s Racial Composition Plaintiffs contended that discrimination, not the factors discussed above, motivated the Village to adopt the TIFs and subsequently acquire and demolish buildings in predominantly Hispanic neighborhoods. In support of this argument, they offered evidence of what they considered to be the Village’s intent to discriminate. The Village hotly disputed the conclusions that plaintiffs drew from this evidence. The Trustees knew that the Green Oaks Court neighborhood contained. one of the largest Hispanic populations in the Village before they decided to include it in the Army Trail Mill Road TIF. Pis.’ Facts ¶ 85. Trustee Chrysogelos informed his fellow Trustees about the approximate 50% Hispanic population in Green Oaks during the March 28, 1994 Executive Session meeting while the Trustees were discussing land acquisition in the area. Pis.’ Ex. N; Pis.’ Facts ¶ 90. Likewise, before beginning the process of enacting the Michael Lane TIF, the Village Trustees were told that the neighborhood was about 51 % Hispanic. Pis.’ Facts ¶ 86. Others residing in the Village or familiar with the Michael Lane and Green Oaks neighborhoods recognized that Hispanics heavily populated theses areas. Kane McKenna’s Vice President, Leslie Murphy, remarked that it was “clear” and “obvious” to her that Green Oaks and Michael Lane were predominantly Hispanic. Pis.’ Facts ¶87. Robert Rychilicki, Kane McKenna’s Executive Vice President, wrote in his field notes after driving through Michael Lane: “Again, this neighborhood is all Hispanic, is Addison earmarking certain area or ethnic group? (This could be the perception).” Id.; Pis.’ Ex. Q at Bates #201564. Addison Police Officer Russell Scheeht, as well as two housing inspectors deposed by the plaintiffs, were also aware that Michael Lane and Green Oaks are Hispanic neighborhoods. Pis.’ Facts ¶¶ 89-90. Finally, a number of bigoted remarks at the September public hearing on the Michael Lane TIF reflect that Village residents were aware of both Michael Lane and Green Oaks’ demographies. Pis.’ Facts ¶ 92. Nevertheless, at their depositions, the Trustees claimed that they either did not know or did not consider the ethnicity of Green Oaks and Michael Lane residents when they passed the TIF ordinances. Pis.’ Facts ¶ 91; Def.’s Facts ¶ 91; Def.’s Add’l Facts ¶ 148. Asked whether he knew that Hispanics live in the Green Oaks area, Trustee LaPato responded that he has “no idea who lives in that area.” LaPato Dep. at 107. Trustee Veenstra testified that he “was not aware of any type of ethnic makeup of those [Green Oaks and Michael Lane] areas.” Veenstra Dep. at 105. Trustee Layne said she did not know whether some parts of Addison have more Hispanics than others. Layne Dep. at 22-24, 36-37. According to Trustee Theodore, the Board did not discuss the ethnic composition of Green Oaks either at the time the Army Trail/Mill Road TIF was adopted or for several weeks afterward, and he was not áware of any majority Hispanic area in the Village. Theodore Dep. at 79-80. Both Trustees Hartwig and Chry-sogelos testified that the Board never discussed or considered the percentage of Hispanics in Michael Lane and Green Oaks in adopting the TIFs. Although Chrysogelos admitted that he knew that Green Oaks is approximately 50% Hispanic, Hartwig said he did not find out that the two neighborhoods are 50% Hispanic until after plaintiffs filed suit. Chrysogelos Dep. at 4, 66-70; Hartwig Dep. at 17, 59-63. The Trustees testified to much greater familiarity with other conditions in these neighborhoods. Veenstra explained that in Green Oaks, “[o]pen, green area and additional parking were amenities that were necessary and would be appropriate for that area.” Veenstra Dep.' at 121. Chrysogelos stated that the Board decided to acquire buildings in the center core of the neighborhood because of “[t]he problems that had been in the general area, in other words, the density, the police reports, the problems of parking either on one side or both sides of the street.” Chrysogelos Dep. at 31. Layne concurred that the Village wanted to “create green space, to lower the density, to try to improve parking and to eliminate flooding” in Green Oaks. Layne Dep. at 98. LaPato testified that Green Oaks and Michael Lane suffered from high crime, overcrowding, and parking problems. LaPato Dep. at 66. And Hartwig observed in these areas greater problems with graffiti, crime, and unsightliness. Hartwig Dep. at 86. Having reviewed both the contested and uncontested relevant facts surrounding this litigation, it is now appropriate to turn to the proposed resolution of this complex housing discrimination case. II. THE PROPOSED CONSENT DECREE The best summary of the proposed settlement and the Decree is contained in the notice sent to all class members. This notice summarizes the proposed settlement as follows: A. Ban on Housing Discrimination by the Village of Addison The Consent Decree forbids the Village of Addison (“Village”), and all of its officials and employees and others acting.with them or on their behalf, from engaging in any of the following acts of housing discrimination: (1) denying or otherwise making dwellings unavailable to persons because of national origin; (2) discriminating on the basis of national origin in the terms, conditions, or privileges of the sale or rental of dwellings, or in the provision of facilities and services in connection with the sale or rental of dwellings; (3) making statements with respect to the sale or rental of dwellings that indicate a preference, limitation, or discrimination on the basis of national origin; and (4) falsely representing to any person, because of national origin that any dwelling is not available for inspection, sale or rental. B. Redevelopment Plan The Consent Decree provides for a redevelopment plan for the Green Oaks and Michael Lane neighborhoods and two nearby areas which: (1) preserves in excess of 75% of the existing housing in the two neighborhoods; and (2) provides for limited and phased acquisition and demolition of certain buildings in order to develop new public parks in both neighborhoods, the construction of new affordable housing in and/or near both neighborhoods, and the acquisition of a building for a new community resource center in the Michael Lane neighborhood. The Village may not use its TIF district powers in Green Oaks, Michael Lane or the two nearby areas designated in the redevelopment plan for the construction of affordable condominiums, except in accordance with the plan. The Consent Decree does not affect the rights of property owners or private developers to engage in sales, redevelopment or other private activities which do not involve the use of TIF powers or municipal benefits. 1. Redevelopment of the Green Oaks neighborhood: The Consent Decree provides that the Village of Addison may develop a public park with playground facilities and, at its option, additional parking in the center section of Green Oaks as follows. Initially, the Village: (1) may remove the two boarded-up buildings which it currently owns at 539 and 548 Green Oaks Ct., and (2) the Village, the plaintiffs and the United States will work to encourage the development of 24-28 affordable, condominium units on the approximately 1.4 acres of vacant land located east of the parking lot behind.the Addison Presbyterian Church, north of Addison' Trail Road, west of the Chateau Mill Condominiums and south of Stevens Drive (referred to in the proposed Consent Decree and in this Notice as “the Commonwealth Edison property”). The Village will not acquire or remove any further buildings in Green Oaks until it has a written commitment, approved by the'Village for the development of the condominiums on the Commonwealth Edison property. The boarded-up building which the Village owns on the outer “ring” at 431 Green Oaks Court will be offered for sale at its then current appraised value to (1) any resident owners who will be displaced by the development of the park in the center of Green Oaks (as an “exchange building” as described in section C.4. below), (2) its original owners, (3) any owner of a budding which the Village has acquired or will acquire in the center of Green Oaks, or (4) anyone else, in that order of priority. If none of the current resident owners of buildings in the center of Green Oaks wishes to acquire 431 Green Oaks Ct., and it is not purchased within seven months thereafter, the Village- may demolish it. As of the time of the filing of this lawsuit, in October, 1994, the Village had entered into a contract to purchase the property on the outer “ring” at 529 Green Oaks Ct., which was never completed. At the option of the owner of that property, the Village will either rescind the contract and reimburse the owner’s reasonable, direct expenses, or purchase the property and offer it as an exchange building to resident owners who are displaced from the center of Green Oaks. 2. Redevelopment of the Michael Lane neighborhood: Before it may undertake any other redevelopment of the Michael Lane neighborhood, the Village must develop a new public park and acquire a building for a community center- in the neighborhood. In order to do so and to extend, Rozanne Drive south to connect it with Elizabeth Drive, it must acquire (1) the northern part of the vacant land east of the Value Center Shopping Center and north ,of Lake Street, as well as (2) the 4-unit apartment buildings located at 189, 193 and 199 Michael Lane. Once the park is developed and open to the public, the Village -may proceed with any of the following redevelopment of the Michael Lane neighborhood, providing that at no time shall the Village cause or use its TIF powers to assist redevelopment which results in a decrease of the number of residential units in that neighborhood. Green Oaks, the Commonwealth Edison property, and the area for the new 16-24 unit condominium development described below [sic] to decrease by more than 92 units below the 827 which existed in March 1994, prior to the demolitions in Green Oaks. However, after the Consent Decree has been in effect for two years, any of the total of 17 units in the five apartment buildings in the far west end of the Michael Lane TIF district located at 416, 422, 426, 430, and 434 Lake Street which may become unusable as residences by operation of the Village’s current Zoning Ordinance will not be counted as part of the 92 units. The Village may acquire and remove on the east side of Addison Road the five 5-unit apartment buildings located at 441, 451, 461, 471 and 481 N. Addison Road for the development of 16 affordable town homes at that location. The Village may acquire and remove between -the east side of Valerie Lane and the west side of Addison Road, the two 12-unit, buildings located at 545 and 555 N. Valerie Lane and the 6-unit apartment building located at 569 N. Valerie Lane for the development of 7 to 10 affordable duplexes at that location. The Village may acquire and remove the 14-unit apartment building located at 523 N. Neva Ave., the 5-unit apartment building located at 434 Lake Street, and the four 3-unit apartment buildings located at 416, 422, 426 and 430 Lake Street. The Village may not acquire or remove any further residential buildings in the Michael Lane neighborhood unless it has received a written commitment from a developer, approved by the Village, to develop a 16-24 unit condominium development at the site which is located in the area currently paved and fenced west of the Alta Villa banquet hall, north of the Jewel Foods shopping center and south of Green Meadows Drive. However, if after six years, good faith efforts by the Village fail to result in a developer for that site, the Village may site the condominium development at an alternative location either (1) within Michael Lane, Green Oaks or the Commonwealth Edison property, as agreed to by the parties, or (2) elsewhere at its discretion. , Upon receipt and approval of the written commitment for the 16-24 unit condominium development and after a period of 6 years from the date of the entry of the Consent Decree, the Village may acquire and remove up to two more residential buildings in the Michael Lane TIF district containing a total of no more than 8 units for the purpose of creating additional parking spaces in the area. The Village may acquire the following buildings involuntarily by use of its eminent power, if necessary: 32 Elizabeth Drive (4-units), or 578 or 586 Rozanne Drive (3 units each). As of the time of the filing of this lawsuit, in October, 1994, the Village had entered into contracts to purchase four buildings on the south side of Michael Lane at 47, 59, 193 and 199 Michael Lane. As stated above, the Village may acquire 193 and 199 Michael Lane for the park provided for in the Consent Decree redevelopment plan. At the option of the owners of 47 and 59 Michael Lane, the Village will either rescind the contracts to purchase those properties and reimburse the owners’ reasonable, direct expenses, or purchase' the properties and offer them as exchange buildings to resident owners who are displaced from the center of Green Oaks. 3. Construction of New Affordable Housing: The Village, with the assistance of the plaintiffs, the United States Department of Justice and, to the extent possible, any developers of the replacement housing to be constructed under the terms of the Consent Decree, shall make all reasonable efforts to obtain financial assistance or subsidies to decrease the purchase price and/or the mortgage rates of this new housing to make them as affordable as possible to residents of the Green Oaks and Michael Lane neighborhoods. In any event, the base price of the units in the two condominium developments and the town homes shall be no more than $125,000, and no more than $225,000 for each duplex. The housing may be developed in any combination by the Village, by private developers, or by others, but the Village shall be under no obligation to finance the construction. The Village will encourage and facilitate a mix of one to three bedroom units in each development of new housing. If any of the new housing is developed in part with the use of any Village powers or benefits, including but not limited to acquisition or demolition by the Village, the following persons shall be given a first opportunity to own or reside in that housing in the indicated order of priorities: (1) owners and residents displaced from 431, 519, 520, 523, 527, 531, 532, 539, 543, 547 or 548 Green Oaks Court by the Village’s actions in 1994 prior to October; (2) owners and residents who are displaced from Green Oaks as a result of the implementation of the redevelopment plan in the Consent Decree; and (3) owners and residents who are displaced from the Michael Lane neighborhood as a result of the implementation of the redevelopment plan in the Consent Decree. C. Monetary And Other Compensation 1. Former owners of buildings in Green Oaks Court which were acquired by the Village in 19%: The former owners of the eleven buildings located at 431, 519, 520, 523, 527, 531, 532, 539, 543, 547 and 548 Green Oaks Ct. shall receive an additional twelve percent (12%) of the purchase price paid to them by the Village when it acquired those buildings in 1994. In addition, any of those owners who believes that exceptional circumstances exist which support the payment of additional compensation for them inconvenience, their financial losses or other injuries may, within 28 days of their receipt of written notification of the approval of the Consent Decree by the Court (not this Notice), submit a written request to the Village with any supporting documentation for receipt of up to an additional two percent (2%) of the 1994 purchase price. If the Village does not agree to the request for additional compensation, the final determination will be made by an officer appointed by the Court. The written notice of approval of the Consent Decree will specify how to request this additional compensation. 2. Residents displaced from the buildings in Green Oaks which were acquired by the Village in 199k-' The residents of the 44 households who were displaced as a result of the Village’s acquisition in 1994 of the eleven buildings in Green Oaks shall receive the greater amount of either (1) $7,000 per household, or (2) $5,000 plus an amount equal to the last three months paid in rent prior to the displacement from the Green Oaks residence. In the ease of resident owners, this amount shall be paid in addition to the compensation described in the preceding paragraph, but persons in these households may otherwise make no additional claim for compensation pursuant to the Consent Decree. 3. Oumers of buildings acquired by the Village pursuant to the Consent Decree: In furtherance of the redevelopment plan provided for in the Consent Decree, the Village may acquire certain buildings which are identified above, the Village must first seek a voluntary sale of any of these properties which it decides to acquire, by engaging in negotiations with the owner for a period of at least 60 days. If no agreement is reached, the owner shall have the right to receive from the Village an amount equal to one hundred and ten percent (110%) of the appraised fair market value at the time of acquisition. The appraisals will be done by certified real estate appraisers selected in random order from a list prepared by' the plaintiffs and the Village. If the appraiser selected is not one previously agreed to by the plaintiffs, and an owner is dissatisfied with the appraisal, the owner may request a second appraiser from the list to do another appraisal, and the average of the two appraised values will be considered to be the fair market value of the property. The Village will pay for the first appraisal, but will only pay for the second appraisal if it is 'higher than the first. If the owner does not agree to sell the property, the Village may institute eminent domain proceedings to take the property for fair market value. In addition, any owner who believes that exceptional circumstances exist which support the payment of additional compensation for their inconvenience, their financial losses or other injuries may, within 14 days of their receipt of written offer by the Village to purchase their property for 110% of appraised fee or market value, submit a written request to the Village with any supporting documentation for receipt of up to an additional two percent (2%) of the 1994 purchase price. If the Village does not agree to the request for additional compensation, the final determination will be made by an officer appointed by the Court. The Consent Decree contains, and the offer to purchase will specify, the details as to how to request this additional compensation. 4.Exchange buildings for resident oumers of buildings in Green Oaks Court acquired by the Village pursuant to the Consent- Decree: Four of the buildings which the Village may acquire pursuant to the redevelopment plan in the Consent Decree have owners who are also residents of the buildings: 524, 535, 540 and 544 Green Oaks Court. If the Village decides to acquire any of these buildings in addition to the rights to compensation described in the preceding and following paragraphs, the owners have the option to receive some or all of the compensation for the loss of their building in the form of a comparable exchange building of the same number of units in either the Green Oaks or the Michael Lane neighborhoods. If the appraised fair market value of the exchange building is less than one hundred and ten percent 110% of the fair market value of the resident owner’s building, the resident owner shall receive the exchange building plus the difference in values. If the exchange building is of greater value, the resident owner shall pay the difference to the Village and receive the exchange building as full compensation for the loss of the other building. At the owner’s option, the exchange building may be transferred either in a condition which is certified as fully compliant with the Village codes or in “as is” condition, with the market value adjusted accordingly. The Village will pay the costs of appraisal, title, survey and recording incurred in an exchange of buildings. The exchange building must be available for acquisition and occupancy at the time the original building must be vacated. 5. Residents displaced from the buildings in Green Oaks Court acquired by the Village pursuant to the Consent Decree: The Village may acquire the remaining buildings in the center of Green Oaks Court pursuant to the redevelopment plan in the Consent Decree. The residents of households displaced as a result of the Village’s acquisition of any of these buildings in Green Oaks Court shall receive the greater amount of either (1) $3,000 per household, or (2) $1,000 plus an amount equal to the last three months paid in rent prior to the displacement. In the case of resident owners, this amount shall be paid in addition to the compensation described in the preceding two paragraphs. In the case of persons receiving compensation as a result of displacement from Green Oaks Court residences in 1994, the additional compensation for displacement pursuant to the redevelopment plan in the Consent Decree will be the greater of the last three months rent or $2,000. 6. The organizational plaintiffs: Three of the named plaintiffs in the lawsuit are organizations: Hispanics United of Du-Page County, the Hispanic Council, and the Leadership Council for Metropolitan Open Communities. These three organizations will be paid by the Village a total sum of sixty thousand dollars ($60,000) to be distributed among them at their discretion. 7.Other claimants: A fund of $100,000 will be established to satisfy the claims of those named plaintiffs and members of the plaintiff class other than residents displaced from the buildings acquired by the Village in 1994 who have claimed damages against the Village other than for loss of a building or displacement from their residence. Those claims will be evaluated by one attorney representing the plaintiffs and one attorney representing the Village. Each claimant will have the option of accepting the amount recommended by the two attorneys. If the amount is not accepted by the claimant or the attorneys cannot agree on the amount, the claims will be resolved by the United States Magistrate Judge assigned to this lawsuit. If the Consent Decree is approved, claimants will be notified in writing as to the specific procedure for resolving their claims. D. Relocation Assistance In addition to the compensation described above, the Village will establish a Housing Assistance Program to assist persons (1) who will be displaced as a result of the implementation of the redevelopment plan in the Consent Decree or (2) who were displaced from the Green Oaks or Michael Lane neighborhoods before the entry of the Consent Decree. Information and assistance will be provided in both English and Spanish. Each displaced household will be offered by the Village a choice of two alternative residences. Each residence shall, at the displaced household’s option: have at least the same number of bedrooms and ninety-five percent (95%) of the floor space; rent for no more than one hundred and five percent (105%) of the monthly rent of the residence from which the household was or will be displaced; be in Addison, east of the 1-355 Tollway and within 1.5 miles of the prior apartment; and be handicap accessible if required by the displaced household. If the displaced household has school age children, at least one of the alternatives will be in the same school attendance zone. The Village will provide transportation or pay transportation costs for the displaced households to view the alternative residences. E. Fair Housing Education Certain Village officials and employees will be required to receive at least four hours of training in the terms of the Consent Decree, the Fair Housing Act, and state and local laws forbidding housing discrimination. The Village will deposit $30,000 in an interest bearing account to be used to fund programs to increase knowledge of the requirements of nondiscrimination in housing in Addison. Interested groups may submit proposals to the Village for consideration of receipt of funding, which will be determined by the Village in consultation with the United States Justice' Department. The monies expended under the Consent Decree as approved by the Co