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BRADLEY J. SCHLOZMAN
Acting Assistant Attorney General
Civil Rights Division
STEVEN H. ROSENBAUM
Chief, Housing and Civil Enforcement Section
TIMOTHY J. MORAN
Deputy Chief
Housing and Civil Enforcement Section
NANCY F. LANGWORTHY
SARA L. NILES
Trial Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice

950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: (202) 616-8925
Fax: (202) 514-1116

JAMES A. McDEVITT
United States Attorney
PAMELA J. DERUSHA
Assistant United States Attorney

P.O. Box 1494
Spokane, WA 99210
Telephone: (509) 353-2767

Attorneys for Plaintiff United States of America



UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON
SPOKANE DIVISION



UNITED STATES OF AMERICA,

          Plaintiff,

v.

CEDAR BUILDERS, INC., d/b/a CEDAR
PROPERTY MANAGEMENT; CEDAR
SPRINGS ESTATES, a Washington
general partnership;
RICHARD D. NACCARATO;
CEDAR CHATEAU ESTATES
PARTNERSHIP; CEDAR CHATEAU
ESTATES B PARTNERSHIP; CEDAR
CANYON VILLAGE, LLC; and GLEN A.
CLONINGER & ASSOCIATES,

           Defendants.

Case No.

Complaint



The United States of America alleges:

1. This action is brought by the United States to enforce Title VIII of the Civil Rights Act of 1968 (the "Fair Housing Act"), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619, and Title III of the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. §§ 12181-12189.

Jurisdiction

2. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1345, 42 U.S.C. § 3614(a), and 42 U.S.C. § 12188(b)(1)(B).

Subject Properties

3. Cedar Springs Estates I, II, III and IV are apartment complexes located, respectively, at East 1015 Cozza Drive, 1110 East Cozza Drive, 1011 East Sharpsburg Avenue, and 7808 North Morton Street, Spokane, Washington, in the Eastern District of Washington. The number of residential buildings at the four complexes ranges from thirteen to sixteen, and the number of dwelling units ranges from 170 to 208. Three hundred four of the total 794 dwelling units are on the ground floor. The four complexes were designed and constructed for first occupancy after March 13, 1991.

4. Cedar Creek Village I and II are apartment complexes located at 8424 N. Nevada Street in Spokane, in the Eastern District of Washington. There are thirty-two residential buildings at the two complexes combined, and a total of 416 dwelling units. There are 160 ground-floor units at the two properties. The two complexes were designed and constructed for first occupancy after March 13, 1991.

5. Cedar Chateau Estates and Cedar Chateau Estates B are apartment complexes located at 13310 E. Mission Avenue and 13320 E. Mission Avenue, respectively, in Spokane, in the Eastern District of Washington. There are fifteen and twelve residential buildings, respectively, at the two properties. The buildings house 208 and 154 dwelling units, respectively. There are 80 ground-floor units at Cedar Chateau Estates and 60 ground-floor units at Cedar Chateau Estates B, for a total of 140 ground-floor units. The complexes were designed and constructed for first occupancy after March 13, 1991.

6. Cedar Forest Estates is an apartment complex located at West 4403 Winston Court, Spokane, in the Eastern District of Washington. There are six buildings and 72 dwelling units in the complex, 28 of which are ground-floor units. The complex was designed and constructed for first occupancy after March 13, 1991.

7. Cedar Canyon Villas is an apartment complex located at 5710 S. Hailee Lane, Spokane, in the Eastern District of Washington. There are eight residential buildings on the property, containing a total of 104 dwelling units. Forty units are on ground floors. The complex was designed and constructed for first occupancy after March 13, 1991.

8. The ten apartment complexes identified in paragraphs three through seven above are "dwellings" within the meaning of 42 U.S.C. § 3602(b).

9. All of the 672 ground floor units at the ten complexes are "covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604(f)(7)(B), and are therefore subject to the accessibility requirements of 42 U.S.C. § 3604(f)(3)(C).

10. The rental offices at the properties identified in paragraphs 3 through 7 above are public accommodations within the meaning of 42 U.S.C. § 12181(7). They were designed and constructed for first occupancy after January 26, 1993, and are therefore subject to the requirements of 42 U.S.C. §§ 12181-12183.

The Defendants

11. Defendant Cedar Builders, Inc., d/b/a Cedar Property Management, is a domestic corporation organized under the laws of the State of Washington with a principal place of business in Spokane, Washington in the Eastern District of Washington. Cedar Builders, Inc. has been an owner of rental properties known as Cedar Springs Estates I - IV, Cedar Creek Village I and II, Cedar Chateau Estates, Cedar Chateau Estates B, Cedar Forest and Cedar Canyon Villas from the time of their development and construction to the present. The corporation was also the contractor for and developer of the properties.

12. Defendant Cedar Springs Estates was a Washington general partnership with a principal place of business in Spokane, Washington, in the Eastern District of Washington. The partnership was an owner of rental properties known as Cedar Springs Estates I - IV in Spokane at the time of the development and construction of the properties.

13. Defendant Richard D. Naccarato has been an owner of Cedar Springs Estates I - IV and Cedar Canyon Villas in the Eastern District of Washington from the time of the development and construction of those properties to the present. Mr. Naccarato is a resident of Spokane.

14. Defendant Cedar Chateau Estates Partnership was a Washington partnership with a principal place of business in Spokane, Washington, in the Eastern District of Washington. The partnership was an owner of the rental property known as Cedar Chateau Estates in Spokane at the time of the development and construction of the property.

15. Cedar Chateau Estates B Partnership was a Washington partnership with a principal place of business in Spokane, Washington, in the Eastern District of Washington. The partnership was an owner of the rental property known as Cedar Chateau Estates B at the time of the development and construction of the property.

16. Cedar Canyon Village, LLC is a limited liability corporation organized under the laws of the State of Washington with a principal place of business in Spokane, Washington, in the Eastern District of Washington. Cedar Canyon Village, LLC has been an owner of the rental property known as Cedar Canyon Villas in Spokane from the time of the development and construction of the property to the present.

17. Defendant Glen A. Cloninger & Associates, PS, an architectural firm which is licensed to do business in the State of Washington and whose principal place of business is Spokane, Washington in the Eastern District of Washington, designed Cedar Springs Estates I -IV, Cedar Creek Village I and II, Cedar Chateau Estates, Cedar Chateau Estates B, Cedar Forest Estates and Cedar Canyon Villas, in Spokane.

Count I

18. Defendants Cedar Builders, Inc., Cedar Springs Estates, Richard D. Naccarato and Glen A. Cloninger & Associates have failed to design and construct Cedar Springs Estates I - IV so that:

(a) the public use and common use portions of the covered multi-family dwellings are readily accessible to and usable by individuals with disabilities;

(b) all doors within the ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and

(c) all of the ground floor units contain the following features; (i) an accessible route into and through the dwelling; (ii) electrical outlets, thermostats and other environmental controls in accessible locations; (iii) reinforcements in bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.

19. Defendants Cedar Builders, Inc. and Glen A. Cloninger & Associates failed to design and construct Cedar Creek Village I and II so that:

(a) the public use and common use portions of the covered multi-family dwellings are readily accessible to and usable by individuals with disabilities;

(b) all doors within the ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and

(c) all of the ground floor units contain the following features; (i) an accessible route into and through the dwelling; (ii) electrical outlets, thermostats and other environmental controls in accessible locations; (iii) reinforcements in bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.

20. Defendants Cedar Builders, Inc., Cedar Chateau Estates Partnership and Glen A. Cloninger & Associates failed to design and construct Cedar Chateau Estates so that:

(a) the public use and common use portions of the covered multi-family dwellings are readily accessible to and usable by individuals with disabilities;

(b) all doors within the ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and

(c) all of the ground floor units contain the following features; (i) an accessible route into and through the dwelling; (ii) electrical outlets, thermostats and other environmental controls in accessible locations; (iii) reinforcements in bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.

21. Defendants Cedar Builders, Inc., Cedar Chateau Estates B Partnership and Glen A. Cloninger & Associates failed to design and construct Cedar Chateau Estates B so that:

(a) the public use and common use portions of the covered multi-family dwellings are readily accessible to and usable by individuals with disabilities;

(b) all doors within the ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and

(c) all of the ground floor units contain the following features; (i) an accessible route into and through the dwelling; (ii) electrical outlets, thermostats and other environmental controls in accessible locations; (iii) reinforcements in bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.

22. Defendants Cedar Builders, Inc., Richard D. Naccarato and Glen A. Cloninger & Associates failed to design and construct Cedar Forest Estates so that:

(a) the public use and common use portions of the covered multi-family dwellings are readily accessible to and usable by individuals with disabilities;

(b) all doors within the ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and

(c) all of the ground floor units contain the following features; (i) an accessible route into and through the dwelling; (ii) electrical outlets, thermostats and other environmental controls in accessible locations; (iii) reinforcements in bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.

23. Defendants Cedar Builders, Inc., Richard D. Naccarato, Cedar Canyon Village, LLC and Glen A. Cloninger & Associates failed to design Cedar Canyon Villas so that:

(a) the public use and common use portions of the covered multi-family dwellings are readily accessible to and usable by individuals with disabilities;

(b) all doors within the ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and

(c) all of the ground floor units contain the following features; (i) an accessible route into and through the dwelling; (ii) electrical outlets, thermostats and other environmental controls in accessible locations; (iii) reinforcements in bathroom walls to allow later installation of grab bars; and (iv) usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.

24. Defendants, through the actions referred to in the preceding paragraphs, have:

(a) discriminated in the rental of, or otherwise made unavailable or denied, dwellings to renters because of handicap, in violation of 42 U.S.C. § 3604(f)(1);

(b) discriminated against persons in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection with a dwelling, because of handicap, in violation of 42 U.S.C. § 3604(f)(2); and

(c) failed to design and construct dwellings in compliance with the accessibility and adaptability features mandated by 42 U.S.C. § 3604(f)(3)(C).

25. The conduct of the defendants described above constitutes:

(a) 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

(b) 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.

26. Upon information and belief, there are victims of defendants' discriminatory practices who are aggrieved persons as defined by 42 U.S.C. § 3602(i). Such persons may have suffered actual injuries and damages as a result of the above-described conduct.

27. The discriminatory actions of defendants were intentional, willful and taken in reckless disregard for the rights of others.

Count II

28. The allegations of paragraphs 1 through 27 are hereby realleged and incorporated by reference.

29. Defendants Cedar Builders, Inc., Cedar Springs Estates, and Richard D. Naccarato have failed to design and construct Cedar Springs Estates I - IV so that their rental offices are readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1) and the Department of Justice's regulations implementing Title III of the ADA, 28 C.F.R. Part 36, including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards").

30. Defendant Cedar Builders, Inc. failed to design and construct Cedar Creek Village I and II so that their rental offices are readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1) and the Department of Justice's regulations implementing Title III of the ADA, 28 C.F.R. Part 36, including the Standards.

31. Defendants Cedar Builders, Inc. and Cedar Chateau Estates Partnership failed to design and construct Cedar Chateau Estates so that its rental offices are readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1) and the Department of Justice's regulations implementing Title III of the ADA, 28 C.F.R. Part 36, including the Standards.

32. Defendants Cedar Builders, Inc. and Cedar Chateau Estates B Partnership failed to design and construct Cedar Chateau Estates B so that its rental offices are readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1) and the Department of Justice's regulations implementing Title III of the ADA, 28 C.F.R. Part 36, including the Standards.

33. Defendants Cedar Builders, Inc. and Richard D. Naccarato failed to design and construct Cedar Forest Estates so that its rental offices are readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1) and the Department of Justice's regulations implementing Title III of the ADA, 28 C.F.R. Part 36, including the Standards.

34. Defendants Cedar Builders, Inc., Richard D. Naccarato, and Cedar Canyon Village, LLC failed to design Cedar Canyon Villas so that its rental offices are readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1) and the Department of Justice's regulations implementing Title III of the ADA, 28 C.F.R. Part 36, including the Standards.

35. The conduct of these defendants described in the preceding paragraphs constitutes:

(a) a pattern or practice of discrimination within the meaning of 42 U.S.C. §§ 12188(b)(1)(B)(i) and 28 C.F.R. § 36.503(a); and

(b) unlawful discrimination that raises an issue of general public importance within the meaning of 42 U.S.C. § 12188(b)(1)(B)(ii) and 28 C.F.R. § 36.503(b).

36. Upon information and belief, there are victims of aforesaid defendants' discriminatory practices who are aggrieved persons within the meaning of 42 U.S.C. § 12188(b)(2)(B). Such persons may have suffered actual injuries and damages as a result of the above-described conduct.

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

1. Declares that the policies and practices of defendants alleged herein violate the Fair Housing Act, and that the policies and practices of Defendants Cedar Builders, Inc., Cedar Springs Estates and Richard D. Naccarato alleged herein violate the Americans with Disabilities Act;

2. Enjoins the defendants, their officers, employees, agents, successors and all other persons in active concert or participation with any of them from:

(a) failing or refusing to bring the ground floor units at Cedar Springs Estates I - IV, Cedar Creek Village I & II, Cedar Chateau Estates (A and B), Cedar Forest Estates and Cedar Canyon Villas into compliance with 42 U.S.C. § 3604(f)(3)(C);

(b) failing or refusing to bring the public use and common use areas at Cedar Springs Estates I - IV, Cedar Creek Village I & II, Cedar Chateau Estates (A and B), Cedar Forest Estates and Cedar Canyon Villas into compliance with 42 U.S.C. § 3604(f)(C)(3);

(c) failing or refusing to bring the rental offices and any other public accommodations at Cedar Springs Estates I - IV, Cedar Creek Village I & II, Cedar Chateau Estates (A & B), Cedar Forest Estates and Cedar Canyon Villas into compliance with 42 U.S.C. § 12183(a)(1), 28 C.F.R. §§ 36.401 and 36.406, and 28 C.F.R. Part 36, Appendix A;

(d) failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the defendants' unlawful practices to the position they would have been in but for the discriminatory conduct;

(e) designing or constructing covered multi-family dwellings in the future that do not contain the accessibility and adaptability features required by 42 U.S.C. § 3604(f)(3)(C); and

(f) designing or constructing public accommodations in the future that are not readily accessible to and usable by individuals with disabilities, as required by 42 U.S.C. § 12183(a)(1), 28 C.F.R. §§ 36.401and 36.406, and 28 C.F.R. Part 36, Appendix A.

3. Awards appropriate monetary damages, pursuant to 42 U.S.C. § 3614(d)(1)(B) and 42 U.S.C. § 12188(b)(2)(B), to each person aggrieved by the discriminatory housing practices of defendants;

4. Assesses a civil penalty against each defendant in order to vindicate the public interest, pursuant to 42 U.S.C. § 3614(d)(1)(C), 28 C.F.R. § 85.3(b)(3) and 42 U.S.C. § 12188(b)(2)(C).



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


Respectfully submitted,

ALBERTO R. GONZALES
Attorney General


JAMES A. McDEVITT
United States Attorney

__________________________
PAMELA J. DERUSHA
Assistant United States Attorney

__________________________
BRADLEY J. SCHLOZMAN
Acting Assistant Attorney
General

__________________________
STEVEN H. ROSENBAUM
Chief, Housing and Civil
Enforcement Section

__________________________
TIMOTHY J. MORAN
Deputy Chief
NANCY F. LANGWORTHY
SARA L. NILES
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202) 616-8925
(202) 514-1116 (fax)


Document Filed: September 14, 2005
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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