SETTLEMENT AGREEMENT

This Settlement Agreement made by and between the Petersburg Redevelopment

and Housing Authority (“PRHA”) and the undersigned residents and former residents of

the PRHA (collectively referred to herein as the “undersigned residents”) shall be deemed

effective as of this 1st day of August, 2012.

I. BACKGROUND

1. The PRHA is a political subdivision of the Commonwealth of Virginia with the

power to sue and be sued. The PRHA owns and operates Pin Oaks Estates (“Pin Oaks”) and

Pecan Acres Estates (“Pecan Acres”) as public housing through funding provided by the

United States Department of Housing and Urban Development (“HUD”) under the National

Housing Act of 1937 (“Housing Act”). The Pin Oaks development has 150 units and the

Pecan Acres development has 159 units. Both of these housing developments are located

in Petersburg, Virginia.

2. The Housing Act mandates that public housing residents residing in the

PRHA units cannot be charged more than thirty percent (30%) of their adjusted monthly

income for rent which includes adequate allowances to cover reasonable consumption of

utilities. See 42 U.S.C. §1437 et seq.

3. Both Pin Oaks and Pecan Acres are “checkmetered” developments because

the units within these developments are serviced by individual checkmeters measuring

utility usage.

4. The checkmeters permit the PRHA to monitor utility usage on a household

basis. PRHA residents allege that in these checkmetered units, the cost of either all or a

reasonable amount of the cost of the utilities should be covered by the resident’s rent.

5. The PRHA allocates each resident household a utility allowance. The

residents allege that the resident’s utility allowance should be based on reasonable

consumption for the size of the family and the thermal characteristics of the unit.

6. The residents allege that the current PRHA allowances do not approximate “a

reasonable consumption of utilities,” as required by HUD regulations. 24 C.F.R. §§

965.505(a) and 965.507(b).

7. When a household exceeds its preset allowances, the PRHA assesses the

resident with a surcharge for the excessive utility usage based on the PRHA’s average

utility rates. The residents contend that the PRHA established artificially low utility

allowances resulting in a disproportionate number of residents being charged excess utility

usage fees. Thus, many residents have paid amounts for rent plus reasonable quantities of

utilities that exceed the statutory maximum of 30% of income as the resident contribution.

8. The residents further allege that the imposition of utility usage charges

resulted in many PRHA residents paying “rent,” as that term is defined under applicable

HUD regulations, in excess of thirty percent (30%) of their adjusted monthly income.

9. A resident’s failure to pay a legally valid utility surcharge is a breach of the

lease and may lead to an eviction for non-payment of rent.

10. The residents allege the Housing Act requires the PRHA to promulgate

criteria and procedures for adjusting utility allowances for disabled, elderly or ill residents

with special needs. The PRHA has not promulgated such procedures.

11. In October 2008, the LAJC, on behalf of its clients, contacted the PRHA about

resident complaints concerning excessive utility surcharges. Discussions began to resolve

these residents’ complaints and other purported deficiencies with respect to the

assessment of excess utility consumption fees without resorting to litigation. During these

negotiations, the LAJC represented the interests of the undersigned residents and others

similarly situated whose utility allowances were believed to have been set at an insufficient

level dating back to October 21, 2003.

12. On November 17, 2008, the first of several tolling agreements was executed

to suspend the running of the applicable statute of limitations during the negotiations. Per

the tolling agreements, PRHA would treat any litigation as having been filed on October 21,

2008.

13. The PRHA has refrained from charging and collecting excess utility

surcharges from residents effective March 1, 2009 to the present to facilitate negotiations.

14. Counsel for the PRHA has represented that HUD must review and approve

the terms of this Settlement Agreement before the PRHA may execute this agreement and

proceed in accordance with the terms and conditions set forth below.

15. It is believed that this agreement will benefit in excess of five hundred (500)

current and former PRHA households.

II. RECITALS

1. Since October 2008, the PRHA and the LAJC, on behalf of its clients, have

discussed issues related to the PRHA’s imposition of excess utility consumption fees;

2. The undersigned residents allege to have claims and the residents believe

that other similarly situated residents may also have claims to reimbursement related to

the charging of excess utility consumption fees. The residents contend that these claims

are predicated upon inter alia the terms of the PRHA’s lease agreement, 42 U.S.C. §§ 1437a

and d; 42 U.S.C. § 1983; 24 C.F.R §§ 965.502, 505, 506, 507 and 508; 24 C.F.R. §§ 966.4 and

966.5; and

3. Although the PRHA denies any liability stemming from its imposition of

excess utility consumption charges, the PRHA agrees to enter into this Settlement

Agreement to avoid further expenses, additional delay, and the risk of litigation related to

this matter.

NOW, THEREFORE, the undersigned residents and the PRHA agree as follows:

III. SETTLEMENT TERMS

A. Retroactive Relief for Former and Current Residents

1. The PRHA has identified that as many as 504 current and former PRHA

residents incurred and paid excess utility consumption charges between October 21, 2003

and February 28, 2009, the date PRHA ceased assessing surcharges.

2. The PRHA agrees to reimburse all current and former residents of Pin Oaks

and Pecan Acres an amount equivalent to one-third (1/3) of the excess utility consumption

fees charged to and paid by them between October 21, 2003 and February 28, 2009.

3. The total amount of excess utility consumption surcharges eligible for

reimbursement is $126,434 (see Attachment A). Current and former PRHA residents

eligible for reimbursement payments are identified by numbers in Attachment B along with

the amounts they are entitled to receive.

B. Notice of Right to Reimbursement

4. The PRHA shall send a form letter (Attachment D) along with a Claim and

Release Form (Attachment C) notifying all current and former PRHA residents eligible for

the receipt of a reimbursement payment of this Settlement Agreement; of the right to

receive a reimbursement payment equivalent to one-third (1/3) of all excess utility

consumption surcharges paid by them between October 21, 2003 and February 28, 2009;

and the anticipated reimbursement amount due to the resident. The form letter shall

advise residents that in order to receive the reimbursement payment that they must mail

or hand deliver an executed Claim and Release Form to PRHA’s administrative office

located at 128 South Sycamore Street, Petersburg, Virginia.

5. The form letter shall also advise all residents entitled to reimbursement of

the right to apply all or any portion of the reimbursement payment to reduce or eliminate

any overdue balance owed the PRHA other than any balance attributable to unpaid excess

utility usage charges.

6. The form letter shall further instruct eligible residents to contact the PRHA to

discuss the disposition of any outstanding judgment(s) that the resident believes may have

been previously obtained against the resident involving unpaid excess utility consumption

charges. If contacted, the PRHA will search its records to determine whether it previously

obtained a judgment against the resident involving unpaid utility charges. The PRHA will

subsequently submit a notice of satisfaction to the appropriate Court with respect to any

confirmed judgment or portion thereof attributable to unpaid utility usage fees.

7. Any resident eligible for the receipt of a reimbursement payment shall be

compensated in accordance with the claims process described below. Conversely, the

PRHA shall send a letter (Attachment G) to any current resident determined to be ineligible

for reimbursement advising the resident that because he or she did not pay any utility

surcharge payments there will be no reimbursement. The letter should further advise the

resident of his or her right to submit an appeal of this determination in accordance with the

claims process described below.

8. The PRHA shall send a flyer (Attachment E) to all current residents

explaining that former PRHA residents may also be eligible for reimbursement of a portion

of excess utility consumption charges paid. The flyer will specify that former residents

must contact the PRHA’s administrative office to confirm his or her eligibility for

reimbursement and obtain the requisite Claim and Release Form.

9. To assure that former residents are notified about this settlement and the

right to reimbursement payments, the PRHA shall pay for the placement of newspaper

advertisements in the Petersburg Progress-Index that will run once a month for three (3)

consecutive months immediately after the first month following the effective date of this

Settlement Agreement. The advertisement shall appear in the Legal Notices and shall be at

least one-quarter of a page. The newspaper advertisement will duplicate the language

included in Attachment F. The PRHA shall provide the LAJC with proof that it has complied

with the provision of publishing the advertisement in the Petersburg Progress-Index by

sending a copy of an invoice to the LAJC and providing copies of the actual newspaper

advertisements that were printed in the Progress Index if requested by the LAJC.

10. In addition to the newspaper advertisements discussed above, the PRHA

shall mail all former residents for whom the PRHA has a current mailing address notice of

the right to a reimbursement payment (Attachment D).

11. If the notice of eligibility for reimbursement to any current or former

resident is returned because the intended recipient is deceased, then notice shall be mailed

to the executor, administrator or personal representative of the decedent’s estate provided

PRHA is provided valid third party documentation confirming that such individual has been

qualified to serve in this capacity.

12. Former and current residents who contact the LAJC directly should be

advised to contact PRHA’s administrative office and should be provided with the telephone

number and address for said office. If the former resident does not wish to contact the

PRHA, the LAJC may gather a signed claim form from the resident along with confirmation

of the resident’s identification as required under paragraph III.C.2 herein below and

forward it to the PRHA for processing provided that the prospective claimant provides the

LAJC with authorization permitting the forwarding of the information to the PRHA and

LAJC provides a copy of said authorization to the PRHA.

C. Claims Process

1. A current or former PRHA resident who wishes to make a claim for

reimbursement of excess utility surcharge payments shall hand deliver or mail an executed

Claims and Release Form to the PRHA’s administrative office. Former residents may

submit the request for a Claim and Release Form either orally or in writing to the PRHA

Administrative Office. All oral requests from former residents may be submitted in person

at PRHA’s Administrative Office or by telephone. If, at any time, a claimant needs

assistance to complete the Claim and Release Form, the PRHA’s staff will provide the

necessary assistance without unreasonable delay.

2. The PRHA will not honor a former resident’s claim for reimbursement unless

the claimant provides the PRHA with an executed Claim and Release Form and a valid form

of photo identification, a legible photo copy thereof, or an acceptable alternative confirming

the claimant’s true identity and current residential address. A claimant who does not have

a permanent address will not be barred from filing a claim.

3. The PRHA shall remit payment to claimants determined eligible for

reimbursement within thirty (30) calendar days of the PRHA’s receipt of the claimant’s

executed Claim and Release Form. Alternatively, in lieu of receiving a Claim and Release

Form, current residents ineligible for reimbursement will receive notification to that effect

(Attachment G). Likewise, the PRHA shall send a letter notifying all former residents of

their ineligibility for reimbursement (Attachment H) within fourteen (14) calendar days of

the PRHA’s receipt of the former resident’s request for a Claim and Release Form.

4. The PRHA shall copy the LAJC on any written notice denying a claimant’s

eligibility for reimbursement. Likewise, the PRHA shall confirm its timely submission of all

payments by copying the LAJC on all transmittal letters sent to eligible claimants along with

the reimbursement checks.

5. Any claimant may protest the PRHA’s determination of his or her eligibility

for and/or the amount of the reimbursement payment within two (2) years of the date of

the letter submitted with the Claim and Release Form. Residents who execute the Claim

and Release Form shall have ninety (90) days from the date they executed the form to

revoke their release of claims provided that the resident provides the PRHA the requisite

notice prescribed herein and remits payment of any refund amount received in full to the

PRHA. Any objection for the PRHA’s relief determination or revocation of an executed

release must be submitted either orally or in writing. All oral objections must be submitted

by the claimant, in person, at the PRHA’s administrative office and all written objections

and/or revocations must be hand delivered or mailed to the same office location.

6. The LAJC may also protest the PRHA’s relief determination as to any current

or former PRHA resident listed on or omitted from Attachment B provided that the LAJC

notifies the PRHA of its objections in writing within ninety (90) days of the effective date of

this Settlement Agreement.

7. If either a prospective claimant or the LAJC disagrees with the PRHA’s

determination as to a claimant’s eligibility for reimbursement or the amount of the

reimbursement, the individual claimant, the LAJC, and the PRHA shall jointly review the

claimant’s payment ledger to determine if a discrepancy exists. If requested, the PRHA will

provide the documentation to the prospective claimant for review. If the PRHA and the

prospective claimant are unable to reach an agreement as to the claimant’s entitlement to

relief, then nothing in this Settlement Agreement shall bind the prospective claimant to

accept a determination to which he or she do not agree, nor prohibit the prospective

claimant from proceeding with any action to recover the correct amount of relief due,

provided that the applicable limitations period for any such action has not already expired.

8. Any cause of action over a claimant’s entitlement to relief shall be deemed to

have accrued as of the date of any discrepancy identified in the claimant’s payment ledger

notwithstanding any of the tolling agreements previously entered into between the PRHA

and the LAJC.

9. The PRHA shall pay the amount agreed to be due any claimant that

successfully challenges an errant determination with respect to eligibility for

reimbursement or the amount of the reimbursement. The PRHA shall maintain an

accounting of any funds paid to or on behalf of any claimant not listed on Attachment B and

any additional funds paid to any persons listed on Attachment B in excess of the amount

specified therein for the benefit of the claimant. This accounting shall be available for the

LAJC’s inspection for five (5) years following the effective date of this Agreement.

D. Waiver of Overdue Utility Charges

10. The PRHA waives its right to collect a total of $100,431.00 in overdue

charges for the excess consumption of utilities as well as any additional balances stemming

from the imposition of such charges reflected in the PRHA’s accounts and record systems

used to report to HUD, other public housing authorities and any other landlords.

11. The PRHA agrees to waive its right to collect unpaid utility charges from

current and former residents even if said charges have been reduced to judgment. No

employee or agent of the PRHA shall disclose to any landlord, credit card company, bill

collector or anyone else that a person to whom a payment was made failed to pay assessed

surcharges.

E. Prospective Relief for Residents

12. The PRHA shall not assess charges for excess utilities consumption earlier

than eighteen (18) months after the notice (Attachment D) specified herein is mailed to the

residents.

13. In order for the PRHA to reinstate utility surcharges, an independent

industry expert, jointly selected by the PRHA and the undersigned residents, must

determine that the PRHA’s checkmetering system is in valid working order, and the PRHA

must implement the corrective action prescribed below in subsections E.1. through E.6.

1. Methodology for Establishing Utility Allowances

14. The PRHA shall utilize a consumption based, as opposed to an engineering

based, methodology in determining the utility allowances for its public housing residents

occupying checkmetered units. The allowances will be developed based on the actual

consumption data from dwelling units in the Pecan Acres and Pin Oaks Housing

Developments and in consideration of the other factors enumerated under 24 C.F.R. §

965.505 or any other applicable HUD regulation. The PRHA shall monitor overall tenant

utility usage for twelve (12) months prior to the implementation of utility allowances to

acquire actual consumption data to use as a basis for establishing the PRHA’s utility

allowances. Once the PRHA reinstitutes excess utility consumption charges, the PRHA shall

thereafter conduct annual reviews of the basis on which its utility allowances have been

established and raise allowances, if necessary, to comply with standards for establishing

utility allowances as required under 24 CFR § 965.505.

15. The PRHA shall for the first eighteen (18) months under the new system

conduct a quarterly evaluation of the number of residents assessed surcharges and the

amount of said charges. A copy of the data compiled during this evaluation shall be

provided to the LAJC no later than fifteen (15) days after the end of each quarter.

16. Any future utility allowance system enacted or implemented by the PRHA

shall be sufficient to maintain the requirements of a safe, sanitary and healthy living

environment which will reflect local usage and custom patterns.

17. There shall be a rebuttable presumption that the PRHA allowance is

insufficient or that excess consumption may be due to factors not within control of the

residents if the PRHA determines that actual energy consumption by residents exceeds the

utility allowance for more than ten percent (10%) of the resident population over any

period of three (3) consecutive months within a twelve (12) month period. Under such

circumstances, the PRHA shall evaluate whether to increase its utility allowances.

2. Notice Regarding Utility Allowances and the Individual Relief Policy

18. If the PRHA decides to reinstitute excess utility surcharges, it shall provide

written notification to all households at Pecan Acres and Pin Oaks and to the LAJC at least

sixty (60) days before the proposal of any new policies, utility allowances, scheduled

surcharges and/or any subsequent revisions thereof.

19. The PRHA shall provide all residents an opportunity to submit written

comments during a period expiring not less than thirty (30) days before the proposed

effective date of any new PRHA policies, utility allowances, scheduled surcharges or any

subsequent revisions thereof.

20. The PRHA’s notices regarding proposed policies, allowances and surcharges

shall include a statement describing the basis for the determination of the allowances,

scheduled surcharges, or revisions, including a statement of the specific items of equipment

and functions whose utility consumption requirements were included in determining the

amounts of the allowances and schedule of surcharges. The notice shall state the location

of the documentation on which allowances and surcharges are based and apprise residents

that this documentation is available for inspection.

21. The PRHA individual relief policy shall prohibit PRHA from charging

residents with disabilities for the use of resident-supplied appliances if there is a verified

need for special equipment because of the disability. The PRHA individual relief policy shall

mandate that PRHA must consider requests from residents with special factors affecting

utility usage not within the control of the resident.

22. The PRHA shall further notify residents of the right to request relief from the

imposition of utility surcharges upon their admission into the public housing program, at

their initial lease execution and at their annual recertification appointments. Notification

of this relief policy will also apprise families of the right to challenge the denial of any

request for relief in accordance with the PRHA’s grievance procedure.

3. Establishing Utility Rates

23. The PRHA’s surcharges for excess utilities consumption shall be based, in

part, on the average amount the PRHA pays each utility provider for the water, electricity

and gas supplied to the units in Pin Oaks and Pecan Acres collectively. The PRHA shall not

establish surcharges based on a utility rate that fluctuates on a month-to-month basis as it

did prior to the implementation of the corrective action called for in this Settlement

Agreement.

24. The PRHA may increase its utility surcharge rates only after giving residents

sixty (60) days advance written notice of the rate change and allowing a thirty (30) day

comment period prior to the proposed effective date.

25. If more than forty (40) residents simultaneously object, in writing, to the

PRHA’s proposed allowances or surcharges, the PRHA shall have a public hearing to discuss

and address the specified concerns. All written objections triggering this public hearing

requirement must be submitted to the PRHA’s administrative office.

4. Meter Reading

26. The PRHA shall test the checkmetering system servicing its public housing

developments if more than ten percent (10%) of residents have been surcharged within a

consecutive three (3) month period or more than ten percent (10%) of residents have been

surcharged over the past year. If such a situation arises, the PRHA must evaluate whether

to increase its utility allowances based on the actual energy consumption of residents as

contemplated herein.

27. The PRHA’s testing of checkmeters shall include but not be limited to use of

calibration techniques and check and error methods to insure that the meters are properly

functioning. Residents may request PRHA to test their checkmeters but PRHA shall not be

required to comply with residents’ request more than once in a calendar quarter. If the

PRHA determines that a checkmeter is malfunctioning, the PRHA shall cease billing that

unit until the checkmeter is restored to proper functioning.

5. PRHA Billing Practices

28. The PRHA shall post in a conspicuous place in its Administrative Office and in

each of the management offices at its housing developments notice of the PRHA’s

established utility allowances. The notice shall also list the PRHA’s utility rates and provide

a suitable explanation as to how the PRHA derives/calculates its surcharges for excess

utilities consumption.

29. The PRHA shall include with its monthly rent statements an itemized

explanation of the charges for excess utilities consumption.

6. PRHA’s Lease and ACOP Provisions

30. The PRHA’s residential lease shall notify residents that the PRHA must

establish allowances for enumerated PRHA furnished utilities for all units subject to the

checkmetering system.

31. The PRHA’s residential lease must advise PRHA residents that the PRHA has

established surcharges for excess utilities consumption and advise residents that those

charges are listed in the PRHA’s Admission and Continuing Occupancy Policies (“ACOP”)

pursuant to HUD regulations and posted in all PRHA management offices.

32. The PRHA’s ACOP shall require the PRHA to document the basis on which

utility allowances and scheduled surcharges are established and revised. The ACOP shall

notify residents that these records shall be made available for inspection.

33. The PRHA’s ACOP and residential lease shall also include a statement

concerning PRHA’s policy affording relief from the imposition of utility surcharges to

households with elderly, ill or disabled members with special needs or that are otherwise

impacted by special factors affecting utility usage that are not within the household’s

control.

34. Per the ACOP, the PRHA will notify residents of the right to request relief

from the imposition of utility surcharges upon their admission into the public housing

program. Notification of this relief policy will thereafter be provided to residents along

with any HUD-mandated notice regarding proposed adjustments to utility allowances and

scheduled surcharges.

35. If PRHA reinstitutes excess utility surcharges, the PRHA shall provide an

initial written notice of the individual relief policy to its current residents and to new

residents upon admission to PRHA. The notice given to current and new residents shall

advise residents of the necessary steps to initiate an individual relief request. LAJC shall be

provided a copy of the initial notice upon the adoption of the individual relief policy. PRHA

shall not be able to defend claims concerning individual relief or refuse to allow

adjustments based upon a lack of funds defense and lack of funds reasoning shall not be

used as a basis for revoking the individual relief policy.

IV. GENERAL PROVISIONS

A. Limitations Period for the Enforcement of Retroactive Relief Award

All current and former PRHA residents shall have two (2) years from the effective

date of this Settlement Agreement to submit the requisite Claim and Release Form to

receive the reimbursement payments called for herein. The PRHA shall not have any

obligation to honor any claim for reimbursement following the submission of any Claim

and Release Form received by the PRHA after the expiration of the two (2) year limitations

period.

B. Termination of Agreed Corrective Action

The undersigned residents’ right to enforce the PRHA’s obligations with respect to

the provision of prospective relief under this Settlement Agreement shall expire five (5)

years from the effective date of this Settlement Agreement. The termination of the

corrective action shall not serve to relieve the PRHA’s obligations to comply with all

applicable legal requirements in the implementation and enforcement of utility usage

surcharges.

C. Retaliation Prohibited

The PRHA agrees that neither it nor any of its agents, employees, or Board of

Commissioners will retaliate, directly or indirectly, in any manner, against any person

because of his or her participation in this action or participation in the claims process

prescribed herein, including but not limited to the undersigned residents, their family

members, any claimants or their family members, or any other person who has cooperated

or participated in the pursuit of this Settlement Agreement. PRHA further agrees that it or

its agents, shall not discourage, directly or indirectly, in any manner, any claimant from

filing a claim.

Action prohibited under this Section shall not include lease termination, an upward

rent adjustment, denial of an application for assistance, denial of a transfer request, denial

of a requested accommodation or any other action adversely affecting a claimant’s rights

and privileges under any PRHA subsidized housing program provided that the PRHA can

articulate a valid, good faith basis for undertaking such action.

D. Interpretation

The terms of this Settlement Agreement have been negotiated at arm’s length

among parties represented by experienced counsel. As a result, the rule of “interpretation

against the draftsman” shall not apply in any dispute over interpretation of the terms of

this Agreement.

E. Entire Document

This Settlement Agreement, including any Recitals and Attachments, contains all of

the terms agreed upon between the undersigned parties and supersedes and cancels each

and every other conflicting agreement, promise and/or negotiation between them. No

addenda, other promises or inducements made between the parties that are not contained

herein shall be valid or binding unless reduced to writing and executed by the parties

hereto, their respective successors or authorized representatives.

F. Section and Paragraph Headings

The section and paragraph headings in this Settlement Agreement are inserted

solely as a matter of convenience and for reference and in no way define, limit, describe or

affect the scope or intent of any provision of this Settlement Agreement.

G. Severability

The parties agree that if any provision of this Settlement Agreement is held invalid,

the invalidity shall not affect the validity and enforceability of the other provisions of this

Settlement Agreement.

H. Applicable Law

The terms and conditions set forth herein shall be construed in accordance with

well established principles of Virginia law governing contract interpretation. The parties,

however, understand and agree that they are governed by federal law with respect to their

obligations under and actions in furtherance of this Settlement Agreement.

I. Binding and Enforceable

This Settlement Agreement is binding and legally enforceable, and imposes

enforceable obligations and grants rights to the respective parties. This Settlement

Agreement shall be utilized as the framework for any future plan regarding the utility

practices of PRHA within the timeframe set forth in Section IV.B. Claimants may institute

legal proceedings to enforce the terms of this Settlement Agreement as a binding contract.

The PRHA’s lack of funds shall not be considered a valid defense to the enforcement of the

terms and conditions herein.

J. Enforcement

Any present or future beneficiary of this Settlement Agreement may seek specific

performance in the Petersburg Circuit Court or the United States Court for the Eastern

District of Virginia should PRHA fail to comply with any provisions set forth above.

Prior to initiating any legal proceeding to enforce this Settlement Agreement, the

resident and/or LAJC will provide the PRHA, through its designated counsel, written notice

of the grounds for seeking enforcement and shall provide the PRHA ten (10) business days

from its receipt of the notice to correct any alleged deficiency.

If any action is commenced to enforce or interpret any term or condition of this

Settlement Agreement, in addition to costs and any other relief, any prevailing party

plaintiff shall be entitled to recover its reasonable attorneys’ fees pursuant to 42 U.S.C. §

1988.

K. Counterparts

This Settlement Agreement may be executed in one or more counterparts, each of

which shall be deemed an original, but all of which together shall constitute one and the

same instrument.

WE AGREE TO THIS:

_____________________________, Resident

_____________________________, Resident

_____________________________, Resident

_____________________________, Resident

_____________________________, Resident

_____________________________, Resident

_____________________________, Resident

_____________________________, Former Resident

Legal Aid Justice Center

By: ________________________ Petersburg Redevelopment and Housing Authority

By: ___________________________________

Title: __________________________________

___________________________________________________ Godfrey T. Pinn, Jr., Esquire Harrell & Chambliss, LLP P.O. Box 518 Richmond, Virginia 23218-0518

ATTACHMENTS

A. Amount of Charges Eligible for Reimbursement

B. List of Residents Due a Reimbursement

C. Claim and Release Form

D. Letter to Current/Former Residents Eligible to Receive a Refund

E. Flyer

F. Newspaper Ad

G. Letter to Current Residents Not Entitled to Reimbursement

H. Letter to Former Residents Deemed Ineligible for Reimbursement

C. Claim and Release Form

CLAIM AND RELEASE FORM Excess Utility Fee Refund

I, _______________________ (name), who lives at _________________________ agree that I have a right to receive $_______________ as a refund for excess utility fees the Petersburg Redevelopment and Housing Authority (“PRHA”) charged me while I lived in PRHA public housing. I understand that the refund is for one-third (1/3) of the excess utility fees I paid since October 21, 2003. I understand that I may accept either a money refund or the refund can be a credit against any debt that I currently owe to PRHA. If I wish to have a partial money refund and apply some to the debt, I can do that as well. Please check one of the following if you agree with the refund amount listed above: _____ I wish to get all the refund in the form of a money payment. _____ I wish to apply all of the refund to any current debt that I owe PRHA. _____ I wish to receive part of the refund in the form of a payment and part to pay any debt I currently owe PRHA. This is how I want the refund divided: $ _____ as a monetary refund $ _____ applied to debt owed PRHA If you choose to apply any part of your refund to pay your debt to PRHA, any money left after your debt is paid shall automatically be sent to you in the form of a money refund. Release. If you agree with the amount, you must release PRHA from any claims you now have or may have in the future as a direct or indirect result of PRHA charging you for excess utility usage between October 21, 2003 and February 28, 2009. To do that, complete the following and sign below. Because PRHA is paying me $_________, I release and forever discharge PRHA from all claims, demands and liabilities, legal or equitable, caused by or in any way related to PRHA charging me for excess utility usage between October 21, 2003 and February 28, 2009, to include, without limits, any issues about the determination and implementation of these charges. I understand that my release of PRHA also serves as a release of PRHA’s predecessors, successors, assigns, partners, brokers, contractors, affiliates, subsidiaries, and joint venturers and their respective officers, commissioners, directors, employees, agents, insurers and attorneys and that none of these aforementioned parties admit any liability to me.

I have read or had read to me the terms of the Settlement Agreement dated _____________, 2011, between PRHA and PRHA residents. I understand the Settlement Agreement and further understand that I may seek legal advice concerning the rights given to me under the Agreement and any rights I may be releasing by my signature to this Claim and Release. I voluntarily accept this refund/credit as a full and final compromise of any and all claims that I may have against PRHA for the setting of utility allowances and the implementation of any charges for excessive utility usage. Accordingly, I understand that if I sign below I cannot bring further complaints or claims before the PRHA or any court about any matters directly or indirectly related to the PRHA’s assessment of excess utility surcharges, to include, without limitation, the method for setting utility allowances. _____________________________ _____________________ Claimant’s Name Date

D. Letter to Current/Former Residents Eligible to Receive a Refund

Date: ______________

IF YOU PAID EXCESS UTILITY FEES SINCE OCTOBER 21, 2003, YOU CAN GET A

PARTIAL REFUND.

Some public housing residents in Petersburg made a claim against PRHA alleging that some current and former residents had been improperly charged excess utility fees starting October 21, 2003. The Legal Aid Justice Center represented the tenants and negotiated with the PRHA. The PRHA has agreed to partial refunds to resolve this dispute.

Refunds. PRHA has agreed to refund one-third (1/3) of the excess utility fees paid by tenants between October 21, 2003 and February 28, 2009.

PRHA records show that you are due a refund of $____________________. This refund is one-third (1/3) of the excess utility fees you paid to PRHA between October 21, 2003 and February 28, 2009.

If you agree with this amount, please fill out the enclosed Claim and Release Form and return it to PRHA’s administrative office located at 128 South Sycamore Street, Petersburg, Virginia, 23804 to get your refund. Please keep a copy of the claim form with the date you gave it to PRHA for your records. You must submit this form within two (2) years from the date of this letter or you may be deemed to have waived your right to payment.

Once PRHA receives your Claim and Release form, a refund check shall be available to you within thirty (30) days. Please state on the claim form whether you want PRHA to mail your check to your current address or if you want PRHA to hold your check for pick-up. If you elect to pick-up your check, you must present a valid form of photo identification to confirm your identity and right to payment

Protesting the amount. If you do not agree with the above refund amount, you can file a protest and examine your PRHA records to learn if the amount is correct. You may file a protest in writing or you can tell PRHA you disagree with the amount. Written protests may be mailed or hand delivered to PRHA’s administrative office. If you wish to verbally protest your refund amount, in person, you must go to PRHA’s administrative office and ask to speak with PRHA’s Accounts Receivable Technician. You must file a protest, either orally or in writing, within two (2) years of the date of this letter. You may also elect to revoke your release of all claims provided that you submit notice to the PRHA and replay PRHA all refund money you have received. Notice of revocation may be mailed to PRHA’s administrative office or submitted orally, in person, at this office location. The Legal Aid Justice Center may be able to help you if you disagree with the amount. If you need help, please contact LAJC at 804-862-2205.

Removing unpaid balances. In the negotiations, PRHA also agreed to forgive all excess utility fee balances that are on any PRHA’s resident’s account. This means that any excess utility fees currently on your rental statement should not appear after the date of this letter. Removing court judgments about utility fees. PRHA also agreed to remove judgments obtained in court against current and former residents for excess utility charges. If you believe PRHA has obtained a judgment against you for excess utility fees, please notify PRHA. It is best to notify PRHA in writing and tell it of the possible judgment. Once PRHA receives your notice it will investigate your claim. If the claim is valid, PRHA will notify the court, in writing, that the judgment has been fully or partially satisfied.

Former tenants. We are sending this letter to all current PRHA residents. You can help contact former tenants who may have paid excess utility fees and can get a refund. We have included a flyer which tells about the refunds. Please give it to others who lived in PRHA housing at any time between October 21, 2003 and February 28, 2009. Ask them to contact PRHA to learn if they can get a refund.

If you have any questions or concerns, please contact a PRHA’s Central Office at (804) 733-2200 or the Legal Aid Justice Center at (804) 862-2205. Sincerely, Nathaniel Pride Executive Director, PRHA

E. Flyer

YOU MAY BE ABLE TO GET A

MONEY REFUND Did you live in public housing owned by the Petersburg Redevelopment and Housing Authority between October 2003 and March 2009? Did you pay excess utility fees? If yes, you may be able to get a refund of part of those fees.

Some of your neighbors in public housing made a claim against PRHA that tenants

had been improperly charged excess utility fees starting October 21, 2003. The Legal Aid Justice Center represented the tenants and negotiated with the PRHA. The PRHA has agreed to give partial refunds to resolve the dispute. PRHA has agreed to refund one-third (1/3) of the excess utility fees paid by tenants between October 21, 2003 and February 28, 2009.

In the negotiations, PRHA also agreed to forgive all excess utility fee balances that are on any PRHA’s resident’s account and PRHA agreed to remove judgments obtained in court against current and former residents for excess utility charges.

If you believe PRHA has obtained a judgment against you for excess utility fees,

please notify PRHA. It is best to notify PRHA in writing and tell them of the possible judgment. Once PRHA receives your notice it will investigate your claim. If the claim is valid, PRHA will notify the court in writing that the judgment has been fully or partially satisfied.

If you have paid excess utility charges to PRHA, you may be entitled to a

cash refund. To file a claim, please contact the Petersburg Redevelopment and Housing Authority’s Central Office at (804) 733-2200.

F. Newspaper Ad

ATTENTION ALL FORMER PETERSBURG PUBLIC HOUSING TENANTS

YOU MAY BE

ABLE TO GET A

MONEY REFUND Did you live in public housing owned by the Petersburg Redevelopment and Housing Authority between October 2003 and March 2009? Did you pay excess utility fees? If yes, you may be able to get a refund of part of those fees. PRHA has agreed to refund one-third (1/3) of the excess utility fees paid by tenants between October 21, 2003 and February 28, 2009. If you have paid excess utility charges to PRHA, you may be entitled to a cash refund. PRHA also agreed to forgive all excess utility fee balances that are on any PRHA’s resident’s account and PRHA agreed to remove judgments obtained in court against current and former residents for excess utility charges. If you believe PRHA has obtained a judgment against you for excess utility fees, please notify PRHA. It is best to notify PRHA in writing and tell them of the possible judgment. Once PRHA receives your notice it will investigate your claim. If the claim is valid, PRHA will notify the court in writing that the judgment has been fully or partially satisfied. For more information, or to file a claim, please call the Petersburg Redevelopment and Housing Authority office at (804) 733-2200 or write to the Petersburg Redevelopment and Housing Authority at P.O. Box 311, Petersburg, Virginia 23804.

G. Letter to Current Residents Not Entitled to Reimbursement

Date:_______________

Some of your neighbors in public housing made a claim against PRHA that some current and former tenants had been improperly charged excess utility fees starting October 21, 2003. The Legal Aid Justice Center represented the tenants and negotiated with the PRHA. The PRHA has agreed to partial refunds to resolve the dispute.

Refunds. PRHA has agreed to refund one-third (1/3) of the excess utility fees paid by tenants between October 21, 2003 and February 28, 2009. According to PRHA’s records you have not made any payments towards excess utility fees during October 21, 2003 and February 28, 2009. As a result, you are not eligible for a reimbursement payment.

Protesting the denial of your eligibility for a refund. If you do not agree with the statement that you are not owed a refund, you can file a protest and examine your PRHA records to learn if the statement is correct. You may file a protest in writing or you can tell PRHA you disagree with the statement. If you want to tell PRHA you disagree, you must go to PRHA’s administrative office and ask to speak with PRHA’s Accounts Receivable Technician. Written protests should be hand delivered or mailed to PRHA’s administrative office. You must file a protest within two (2) years of the date of this letter. The Legal Aid Justice Center may be able to help you if you disagree with the determination of your ineligibility for a refund. If you need help, please contact LAJC at 804-862-2205. Removing unpaid balances. In the negotiations, PRHA also agreed to forgive all excess utility fee balances that are on any PRHA’s resident’s account. This means that any excess utility fees currently on your rental statement should not appear after the date of this letter. Removing court judgments about utility fees. PRHA also agreed to remove judgments obtained in court against current and former residents for excess utility charges. If you believe PRHA has obtained a judgment against you for excess utility fees, please notify PRHA. It is best to notify PRHA in writing and tell them of the possible judgment. Once PRHA receives your notice it will investigate your claim. If the claim is valid, PRHA will notify the court in writing that the judgment has been fully or partially satisfied.

Former tenants. We sent this letter to all current PRHA residents. You can help contact former tenants who may have paid excess utility fees and can get a refund. We have included a flyer which tells about the refunds. Please give it to others who lived in PRHA housing at any time between October 21, 2003 and February 28, 2009. Ask them to contact PRHA to learn if they can get a refund.

If you have any questions or concerns, please contact PRHA’s administrative office at (804) 733-2200 or the Legal Aid Justice Center at (804) 862-2205.

Sincerely,

Nathaniel Pride Executive Director, PRHA

H. Letter to Former Residents Deemed Ineligible for Reimbursement

Date: _______________

As you may have heard or seen advertised, public housing tenants have claimed that

current and former PRHA residents have been improperly charged excess utility fees starting October 21, 2003. The Legal Aid Justice Center represented the claimants and negotiated with the PRHA. The PRHA has agreed to partial refunds to resolve the dispute.

Refunds. PRHA has agreed to refund one-third (1/3) of the excess utility fees paid by tenants between October 21, 2003 and February 28, 2009. According to PRHA’s records you have not made any payments towards excess utility fees during October 21, 2003 and February 28, 2009. As a result, you are not eligible for a reimbursement payment.

Protesting the denial of your eligibility for a refund. If you do not agree with the statement that you are not owed a refund, you can file a protest and examine your PRHA records to learn if the statement is correct. You may file a protest in writing or you can tell PRHA you disagree with the statement. If you want to tell PRHA you disagree, you must go to PRHA’s administrative office and ask to speak with PRHA’s Accounts Receivable Technician. Written protests should be hand delivered or mailed to PRHA’s administrative office. You must file a protest within two (2) years of the date of this letter. The Legal Aid Justice Center may be able to help you if you disagree with the determination of your ineligibility for a refund. If you need help, please contact LAJC at 804-862-2205. Removing unpaid balances. In the negotiations, PRHA also agreed to forgive all excess utility fee balances that are on any PRHA’s resident’s account. This means that any excess utility fees currently reflected as overdue on your account should not appear after the date of this letter. Removing court judgments about utility fees. PRHA also agreed to remove judgments obtained in court against current and former residents for excess utility charges. If you believe PRHA has obtained a judgment against you for excess utility fees, please notify PRHA. It is best to notify PRHA in writing and tell them of the possible judgment. Once PRHA receives your notice it will investigate your claim. If the claim is valid, PRHA will notify the court in writing that the judgment has been fully or partially satisfied.

Former tenants. You can help contact other former tenants who may have paid excess utility fees eligible for a refund. We have included a flyer which tells about the refunds. Please give it to others who lived in PRHA housing at any time between October 21, 2003 and February 28, 2009. Ask them to contact PRHA to learn if they can get a refund.

If you have any questions or concerns, please contact PRHA’s administrative office at (804) 733-2200 or the Legal Aid Justice Center at (804) 862-2205.

Sincerely, Nathaniel Pride Executive Director, PRHA