UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
The United States of America alleges:
- This action is brought by the United States on behalf
of Dale and Jennifer Van Dyke, and their three minor children,
pursuant to Section 812(o) of the Fair Housing Act, as amended,
42 U.S.C. § 3612(o).
- This Court has jurisdiction over this action under
28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(o).
- The Van Dykes and their minor children are residents of
the State of Illinois.
- Defendant Kenneth Brosh is a resident of the State of
Illinois and is the owner of a single-family dwelling at 12 Fox
Creek, Belleville, Illinois, ("the subject property"), which the
defendant rents to the public.
- The subject property is a "dwelling" within the meaning
of 42 U.S.C. § 3602(b).
- At all times relevant to this matter, the defendant
owned and rented at least three other dwellings within the
meaning of 42 U.S.C. § 3602(b) in addition to the subject
- On or about November 16, 2000, Mrs. Van Dyke filed a
timely complaint alleging discrimination in housing on the basis
of familial status with the United States Department of Housing
and Urban Development ("HUD") pursuant to Section 810(a) of the
Fair Housing Act, 42 U.S.C. § 3610(a). The complaint alleged,
inter alia, that on or about July 9, 2000, the defendant
discriminated against the Van Dykes by making statements that
indicated a preference, limitation or discrimination based on
familial status and by refusing to rent a dwelling to the
Van Dykes on the basis of familial status.
- Pursuant to the requirements of 42 U.S.C. §§ 3610(a)
and (b), the Secretary of HUD conducted and completed an
investigation of the complaint, attempted conciliation without
success, and prepared a final investigative report. Based on the
information gathered in the investigation, the Secretary,
pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable
cause exists to believe that discriminatory housing practices had
occurred. Accordingly, on or about January 28, 2002, the
Secretary issued a Charge of Discrimination ("the Charge")
pursuant to 42 U.S.C. § 3610(g)(2)(A), charging the defendant
with engaging in discriminatory housing practices in violation
of Section 804 of the Fair Housing Act, 42 U.S.C. §3604.
- On or about February 25, 2002, the defendant elected to
have the Charge resolved in a civil action in federal district
court, pursuant to 42 U.S.C. § 3612(a).
- Following this election, the Secretary of HUD
authorized the Attorney General to commence a civil action,
pursuant to 42 U.S.C. § 3612(o).
- By agreement of the parties, the date by which the
United States could timely file its federal complaint in this
litigation was extended to April 26, 2002.
- On or about July 9, 2000, in a telephone conversation
between Mrs. Van Dyke and the defendant concerning the
availability of the subject property and after learning the ages
of the Van Dykes' children, the defendant stated that he
preferred not to rent to families with children under the age
of three years and refused to rent the house to the Van Dykes
because one of their children was two years old at the time.
The Van Dykes' two other children were four and six years old.
- Through the conduct described in paragraph 12, above,
the defendant has: (a) made unavailable or denied a dwelling to
the Van Dykes because of their familial status in violation of
42 U.S.C. § 3604(a); and (b) made statements with respect to the
rental of a dwelling that indicate a preference, limitation, or
discrimination based on familial status or an intention to make
such preference, limitation, or discrimination, in violation of
42 U.S.C. § 3604(c).
- The Van Dykes and their minor children are aggrieved
persons, as defined in 42 U.S.C. § 3602(i), and have suffered
damages as a result of the defendant's conduct described above.
- The discriminatory actions of the defendant were
intentional, willful, and taken in disregard for the rights of
the Van Dykes and their minor children.
WHEREFORE, the United States prays that the Court enter an
- Declares that the discriminatory housing practices of
the defendant as set forth above violate the Fair Housing Act, as
amended, 42 U.S.C. §§ 3604(a) and 3604(c);
- Enjoins the defendant, any agents, employees, and
successors he may have, and all other persons in active concert
or participation with him from making any statements with respect
to the rental of a dwelling that indicate a preference,
limitation, or discrimination based on familial status or an
intention to make such preference, limitation, or discrimination,
in violation of 42 U.S.C. § 3604(c);
- Awards such damages as would fully compensate the
Van Dykes and their minor children for injuries caused by the
defendant's discriminatory conduct, pursuant to 42 U.S.C.
§§ 3612(o)(3) and 3613(c)(1); and
- Awards punitive damages to the Van Dykes and their
minor children pursuant to 42 U.S.C. §§ 3612(o)(3) and
The United States further prays for such additional relief
as the interests of justice may require.
ROBERT J. CLEARY
United States Attorney
9 Executive Drive
Fairview Heights, Illinois, 62208
Telephone: (618) 628-3700
Fax: (618) 622-3810
RALPH F. BOYD, Jr.
Assistant Attorney General
||JOAN A. MAGAGNA
Chief, Housing and Civil Enforcement Section
402 W. Main Street
Benton, Illinois 62812
Telphone: (618) 439-2401
LAURA J. JONES, Civil Chief
Telphone: (618) 628-3715
MARK R. NIEMEYER
Telphone: (618) 628-3828
TIMOTHY J. MORAN
LOUIE M. STEWART
United States Department of Justice
Civil Rights Division
Housing & Civil Enforcement Section
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Document Filed: April 26, 2002