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Ralph F. Boyd, Jr.
Assistant Attorney General
Joan A. Magagna
Jeanine M. Worden
S.E. Pietrafesa
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - G St.
950 Pennsylvania Ave
Washington, D.C. 20530
202-616-2217

Daniel G. Bogden
United States Attorney
Blaine T. Welsh
Assistant U.S. Attorney
333 Las Vegas Boulevard
Suite 5000
Las Vegas, NV 89101
702-388-6336
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

                   Plaintiff,

          v.                                                              Civil Action No.

BONANZA SPRING, LLC; TEMPLE
1991 REVOCABLE TRUST dba
BONANZA SPRINGS APARTMENTS;
AARON L. TEMPLE; AND "RJ" A BARRY,

                   Defendants.
______________________________________

COMPLAINT

The United States of America alleges:

1. This action is brought by the United States to enforce the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Fair Housing Act), 42 U.S.C. §§ 3601-3619.

2.This Court has jurisdiction over this action under 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).

3. Defendant Bonanza Springs, LLC (BSLLC), is a Nevada corporation whose principal place of business is in Las Vegas, Nevada. BSLLC owns Bonanza Springs Apartments (Bonanza Springs), which is a residential dwelling complex located at 600 E. Bonanza Road in Las Vegas, Nevada.

4. Defendant Temple 1991 Revocable Trust dba Bonanza Springs Apartments (Temple Trust) is the principal or corporate owner of Bonanza Springs.

5. Defendant Aaron L. Temple is the principal of BSLLC.

6. Defendant "RJ" A. Barry has been the resident manager at Bonanza Springs since approximately January 2000 to the present with responsibilities relating to the rental of residential dwellings owned by defendants BSLLC, Temple Trust, Aaron L. Temple and "RJ" A. Barry.

7. The apartments at Bonanza Springs are "dwellings" within the meaning of 42 U.S.C. 3602(b).

8. Defendants, individually and by and through their agent, have engaged in a pattern or practice of discrimination against persons in the rental of dwellings on the basis of race, disability, and/or familial status in violation of the Fair Housing Act. Specifically, defendants have implemented this pattern or practice, among other ways, by:

  1. Making dwellings unavailable, in violation of 42 U.S.C.§ 3604(a)on the basis of race, disability, and familial status;

  2. Imposing different terms or conditions or services in the rental of a dwelling, in violation of 42 U.S.C. § 3604(b) on the basis of race and in violation of 42 U.S.C. § 3604(f)(2) on the basis of disability;

  3. Making statements with respect to the rental of a dwelling which indicate a preference, limitation, or discrimination on the basis of race, disability, and familial status;

  4. Representing that certain dwellings are not available for inspection or rental when such dwellings are in fact available, in violation of 42 U.S.C. § 3604(d) on the basis of race, disability, and familial status;

  5. Refusing to make reasonable accommodations in rules, policies, practices, or services in violation of 42 U.S.C. § 3604(f)(3)(B) on the basis of disability; and

  6. Coercing, intimidating, threatening or interfering with persons in the exercise or enjoyment of their rights under 42 U.S.C. § 3604 of the Fair Housing Act, in violation of 42 U.S.C. § 3617.

9. Defendants' conduct described above, constitutes:

  1. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619; and

  2. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619, which denial raises an issue of general public importance.

10.There are persons who have been the victims of defendants' discriminatory housing practices. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i) and have suffered injuries as a result of defendants' conduct described above.

11. Defendants' conduct described above was intentional, willful, and taken in disregard for the rights of others.

WHEREFORE, the United States prays that the Court enter an order that:

1. Declares that the policies and practices of defendants as alleged herein, violate the Fair Housing Act;

2. Enjoins defendants, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from continuing to discriminate on the basis of race, disability, or familial status in violation of 42 U.S.C. §§ 3601-3619.

3. Awards such damages as would fully compensate each person aggrieved by defendants' discriminatory housing practices for injuries caused by defendants' pattern or practice of discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);

4. Award each person aggrieved by defendants discriminatory housing practices punitive damages because of the intentional and willful nature of defendants' doncut, pursuant to 42 U.S.C. § 3614(d)(1)(B); and

5. Assesses a civil penalty against each defendant in an amount authorized by 42 U.S.C. § 3614(d)(1)(C) in order to vindicate the public interest.

The United States further prays for such additional relief as the interests of justice may require.

John Ashcroft
Attorney General

Ralph F. Boyd, Jr.
Assistant Attorney General

Daniel G. Bogden
United States Attorney
District of Nevada Blaine T. Welsh
Assistant United States Attorney

701 E. Bridger Avenue
Suite 800
Las Vegas, Nevada 89101
702-328-6336

Joan A. Magagna
Chief, Housing & Civil
Enforcement Section
Civil Rights Division
U.S. Department of Justice

Jeanine M. Worden
Deputy Chief
S.E. Pietrafesa
Attorneys
Housing & Civil Enforcement
Section - G St.
950 Pennsylvania Avenue
Washington, D.C. 20530
202-616-2217


Document Filed December 12, 2002

General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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