Housing And Civil Enforcement Cases Documents

Ralph F. Boyd, Jr.
Assistant Attorney General

Joan A. Magagna
Timothy J. Moran
S.E. Pietrafesa
Winifred Kao
Attorneys
Housing and Civil Enforcement
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998, Room 5909
Washington, D.C. 20580-5998
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,

Civil Action No.
v.

FALCON DEVELOPMENT CORP.;
FALCON HOMES, INC.;
FALCON CONSTRUCTION SERVICES, INC;
FREY ASSOCIATES LTD. PARTNERSHIP;
FREY LIMITED PARTNERSHIP;
LEO R. FREY;
PAT FREY;
FALCON ENGINEERING SERVICES, INC.;
F. GREG ANDERSON;
ESI DESIGN GROUP, INC.;
RAMON R. WONG, II; and
SERENADE HOMEOWNERS
ASSOCIATION, INC., COMPLAINT

Defendants.

___________________________________

The United States of America alleges:

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).
Serenade Condominiums is a residential dwelling complex located at 1851 Hillpoint Road in Henderson, Nevada. Serenade is comprised of a community center building and thirty independent residential buildings. Each residential building contains six dwelling units. Of the 180 total dwelling units at Serenade, 60 are ground-floor units.
Serenade's 180 dwelling units are " dwellings " within the meaning of 42 U.S.C. § 3602(b).
The units in the buildings at Serenade were designed and constructed for first occupancy after March 13, 1991. These buildings are " covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604 (f)(7)(A).
The 60 ground-floor units in the buildings at Serenade, as well as its public and common use areas are subject to the accessibility requirements of 42 U.S.C. §3604(f)(3)(C).
Parties
Defendant Falcon Development Corporation is a developer of Serenade Condominiums. It is incorporated and has its principal place of business in Nevada.
Defendant Falcon Homes, Inc. is a developer of Serenade Condominiums. It was also the general partner of Frey Associated Limited Partnership, another developer of Serenade Condominiums. Falcon Homes, Inc. is incorporated and has its principal place of business in Nevada.
Defendant Falcon Construction Services, Inc. is the builder of Serenade Condominiums. It is incorporated and has its principal place of business in Nevada.
Frey Associates Limited Partnership, a Nevada limited partnership, was a developer of Serenade Condominiums.
Frey Limited Partnership, a Nevada limited partnership, was a developer of Serenade Condominiums.
Leo R. Frey was a general partner of Frey Limited Partnership at the time that Frey Limited Partnership participated in the development of Serenade Condominiums. Leo Frey resides in Nevada.
Pat Frey was a general partner of Frey Limited Partnership at the time that Frey Limited Partnership participated in the development of Serenade Condominiums. Pat Frey resides in Nevada.
Falcon Engineering Services, Inc. was the civil engineering firm responsible for the civil engineering plans of Serenade Condominiums. It was incorporated and conducted business in Nevada.
F. Greg Anderson is the civil engineer of Serenade Condominiums. F. Greg Anderson is licensed in Nevada and conducts business in Nevada.
ESI Design Group, Inc., a Nevada corporation, and Ramon J. Wong, who is licensed in Nevada and conducts business in Nevada, drew the architectural plans for and designed Serenade Condominiums.
Defendant Serenade Homeowners Association, Inc. represents the homeowners at Serenade Condominiums. It is incorporated and has its principal place of business in Nevada. The Serenade Homeowners Association has been included as a defendant in this action solely because it is a necessary party for relief.
Fair Housing Amendments Act Pattern or Practice Claim
Defendants Falcon Development Corporation; Falcon Homes; Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, have violated 42 U.S.C. §3604(f)(3)(C) by failing to design and construct Serenade Condominiums in such a manner that: (a) there are accessible building entrances on accessible routes; (b) the public use and common use portions of such dwellings are readily accessible to, and usable by, individuals with disabilities; (c) all doors are accessible by individuals with disabilities; (d) the environmental controls are at an accessible height; (e) there are reinforced walls for the later installation of grab bars; and (e) there are usable and barrier-free kitchens and bathrooms.
Defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, through actions referred to in paragraph 19 above, have:
1. Discriminated in the sale, or otherwise made unavailable or denied, dwellings to buyers because of handicap, in violation of 42 U.S.C. § 3604(f)(1);
2. 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>
3. Failed to design and construct dwellings in compliance with the accessibility and adaptability features mandated by 42 U.S.C. § 3604 (f)(3)(C).
The conduct of defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, 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.
There are persons who have been the victims of the discriminatory housing practices by defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II. 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.
The conduct by defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, 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 Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, as alleged herein, violate the Fair Housing Act;
2. Enjoins defendants Falcon Development Corporation, Falcon Homes, Inc. Falcon Constructions Services, Inc., Frey Associates Limited Partnership, Frey Limited Partnership, Leo R. Frey, Pat Frey, Falcon Engineering Services, Inc., F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from: 3604(f)(3)(C);
  1. Failing or refusing to bring the dwelling units and public use and common use areas at Serenade Condominiums into compliance with 42 U.S.C. §
  2. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of unlawful practices by defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II to the position they would have been in but for the discriminatory conduct; and
  3. Designing or constructing any covered multi-family dwellings in the future that do not contain the accessibility and adaptability features set forth in 42 U.S.C. § 3604(f)(3)(C);
3. Awards such damages as would fully compensate each person aggrieved by the discriminatory housing practices of defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, for injuries resulting from these defendants' discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);
4. Assesses a civil penalty against defendants Falcon Development Corporation; Falcon Homes, Inc.; Falcon Construction Services, Inc.; Frey Associates Limited Partnership; Frey Limited Partnership; Leo R. Frey; Pat Frey; Falcon Engineering Services, Inc.; F. Greg Anderson; ESI Design Group, Inc.; and Ramon R. Wong, II, as authorized by 42 U.S.C. § 3614(d)(1)(C), in order to vindicate the public interest; and
5. Enjoins Serenade Homeowners Association, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from failing to allow access to the common and public use areas of Serenade Condominiums so that any modifications required to bring the complex into compliance with the accessibility provisions of the Fair Housing Act can be made or from otherwise interfering with the relief afforded victims of discrimination at Serenade Condominiums. 3604(f)(3)(C);
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
Timothy J. Moran
Deputy Chief
S.E. Pietrafesa
Winifred Kao
Attorneys
Housing & Civil
Enforcement Section
Civil Rights Division
U.S. Department of Justice
Seventh Floor, NWB
950 Pennsylvania Avenue
Washington, D.C. 20530
202-616-2217
Document Filed July 30, 2002 > >

Updated August 6, 2015