Housing And Civil Enforcement Cases Documents

UNITED STATES OF AMERICA,
     Plaintiff,

v.

C 01-00324 SI

HILLTOWNE APARTMENTS;
LARRY POLICK;
BSR REALTY, INC.;
TIM A. SHARROCK; and
JOSEPH PERRY,
     Defendants.

______________________________

DEMAND FOR JURY TRIAL

The United States alleges:

1. This action is brought by the United States on behalf of Brian Crump and Jeanette Crump, and their minor children Brian Crump Jr. and Brandie Crump; and Gean Toms, and her minor children Rayvon Toms ⁽¹⁾ and Bruce Hayes, pursuant to Section 812(o) of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, 42 U.S.C. § 3612(o).
2. Jurisdiction: This Court has jurisdiction over this action under 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o).
3. Brian Crump and Jeanette Crump and their minor children Brian Crump Jr. and Brandie Crump are residents of the Northern District of California.
4. Gean Toms and her minor children Rayvon Toms and Bruce Hayes are residents of the Northern District of California.
5. Intradistrict Assignment: The subject property is a 52-unit apartment complex located at 1220, 1238, and 1252 Walpert Street in Hayward, California. Hayward is located in Alameda County, in the Northern District of California.
6. The subject property is a dwelling within the meaning of 42 U.S.C. § 3602(b).
7. At all times relevant to this complaint, Defendant Hilltowne Apartments, a California limited partnership, was the legal owner of the subject property.
8. At all times relevant to this complaint, Defendant Larry Polick was the general partner of Defendant Hilltowne Apartments.
9. At all times relevant to this complaint, Defendant BSR Realty, Inc. was the property management company for the subject property.
10. At all times relevant to this complaint, Defendant Tim A. Sharrock was the property manager for the subject property.
11. At all times relevant to this complaint, Defendant Joseph Perry was an on-site manager of the subject property.
12. The subject property contains a swimming pool that is in a common area of the property.
13. On or about May 4, 1992, Defendants instituted new swimming pool rules ("the Pool Rules") at the subject property that required all children aged fourteen or younger to be supervised by a parent at all times, and required such children to be out of the pool area by 5:00 p.m. on Monday through Friday and by 6:00 p.m. Saturday and Sunday, even if supervised by a parent. The pool remained open to adults several hours later on both weekdays and weekends.
14. Defendants enforced the Pool Rules for much of the 1992 swimming season.
15. While the Pool Rules were in effect, Defendants selectively enforced these rules against black children, including Brian Crump Jr., Rayvon Toms, and Bruce Hayes, by ordering black children to leave the pool when supervised by an adult who was not a parent, but allowing white children to swim without parental supervision and to swim after hours.
16. Even after the Pool Rules were revised to remove the time limitations on children's use and to change the requirement that a "parent" supervise a child to a requirement that an "adult" supervise a child, Defendants continued to order black children, including Brian Crump Jr., Rayvon Toms, and Bruce Hayes, to leave the pool when supervised by an adult who was not a parent, but allowed white children to use the pool even when not supervised by a parent.
17. Beginning in approximately June 1992, and continuing through the summer of 1993, several black and Hispanic tenants from the subject property contacted Eden Council for Hope and Opportunity ("ECHO") about the discriminatory swimming pool rules and unequal treatment of black children.
18. Jeanette Crump, as well as other tenants of the subject property, also complained about the Pool Rules and their selective enforcement to the management of the subject property, including Defendant Tim A. Sharrock. Defendant Tim A. Sharrock's response, on several occasions in 1992 and 1993, was to tell tenants to move out of the complex if they did not like his enforcement of the Pool Rules.
19. On a number of occasions during 1992 and 1993, Defendants treated black tenants, including Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce Hayes, differently from other tenants on the basis of race and color. Such treatment included, but was not limited to, following and photographing black children, asking black children to pick up papers around the complex, and using racial epithets toward black children and their parents.
20. On or about March 9, 1993, Brian Crump and Jeanette Crump filed a timely complaint with the U.S. Department of Housing and Urban Development (HUD) pursuant to Section 810(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). The original March 1993 complaint alleges that Defendants discriminated in housing against Brian Crump, Jeanette Crump, and their minor children Brian Crump Jr. and Brandie Crump, by imposing different terms and conditions of residency on them because of their race and familial status, and by making, or causing to be made, statements with respect to residency that indicate a limitation or preference based on race and familial status.
21. On or about March 23, 1993, Gean Toms filed a timely complaint with HUD pursuant to 42 U.S.C. § 3610(a). The complaint alleges that Defendants discriminated in housing against Gean Toms and her minor children Rayvon Toms and Bruce Hayes, by imposing different terms and conditions of residency on them because of their race and familial status, and by making, or causing to be made, statements with respect to residency that indicate a limitation or preference based on race and familial status.
22. On or about July 16, 1993, Brian Crump and Jeanette Crump received a 30-Day Termination of Tenancy.
23. Defendants issued the 30-Day Termination of Tenancy in retaliation for Brian Crump's and Jeanette Crump's exercising their rights and their minor children's rights under the Fair Housing Act.
24. Pursuant to the requirements of 42 U.S.C. §§ 3610(a) and (b), the Secretary of HUD conducted and completed an investigation of the complaints filed against Defendants, 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 existed to believe that discriminatory housing practices occurred. Accordingly, on or about February 24, 1995, HUD issued two Charges of Discrimination against Defendants, reflecting HUD's determination that reasonable cause existed to believe that Defendants discriminated against Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce Hayes on the basis of familial status.
25. On or about June 1, 1995, the HUD Administrative Law Judge issued an Order granting the HUD Secretary's motion to dismiss the two charges without prejudice. The two complaints were referred back to the HUD Office for Fair Housing and Equal Opportunity for further investigation and reconsideration of the determinations of no reasonable cause on the basis of race.
26. On or about January 29, 1997, Brian Crump and Jeanette Crump amended the complaint they had filed with HUD to include an allegation that Defendants had retaliated against Brian Crump, Jeanette Crump, Brian Crump Jr., and Brandie Crump for exercising their rights under the Fair Housing Act.
27. On November 1, 2000, HUD issued new Charges of Discrimination against Defendants, reflecting HUD's determination - after reconsideration, further investigation, and further conciliation attempts - that reasonable cause existed to believe that Defendants discriminated against Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce Hayes on the basis of race and familial status, and that Defendants discriminated against Brian Crump, Jeanette Crump, Brian Crump Jr., and Brandie Crump by retaliating against them.
28. On November 28, 2000, Brian and Jeanette Crump and Gean Toms made timely elections to have the Charges resolved in a civil action filed in federal district court, pursuant to 42 U.S.C. § 3612(a).
29. On December 4, 2000, following this Election of Judicial Determination, the Secretary of Housing and Urban Development authorized the Attorney General to commence a civil action, pursuant to 42 U.S.C. § 3612(o).
30. Defendants, through the actions described in paragraphs 12-23 above, have:
    1. coerced, intimidated, threatened, or interfered with one or more persons in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, their rights under 42 U.S.C. §§ 3604(b) and (c), in violation of 42 U.S.C. § 3617;
    2. discriminated in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with the rental of a dwelling, because of race, color, and familial status, in violation of 42 U.S.C. § 3604(b); and
    3. made, printed, or published, or caused to be made, printed, or published, a notice or statement with respect to the rental of a dwelling that indicated a preference, limitation, or discrimination based on familial status, in violation of 42 U.S.C. § 3604(c).
31. Brian Crump and Jeanette Crump and their minor children Brian Crump Jr. and Brandie Crump, and Gean Toms and her minor children Rayvon Toms and Bruce Hayes, are aggrieved persons, as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of Defendants' discriminatory conduct described above.
32. Defendants' discriminatory actions were intentional, willful and taken in disregard for the rights of Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce Hayes.

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

1. Declares that the discriminatory housing practices of Defendants as set forth violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3619;
2. Enjoins the Defendants, their agents, employees, successors, and all other persons in active concert or participation with any of them from discriminating because of race, color, or familial status against any person in any aspect of the rental of a dwelling, and from coercing, intimidating, threatening, or interfering with any person because of his or her exercise or enjoyment of his or her rights under the Fair Housing Act, or his or her aid or encouragement to any other person exercising such rights;
3. Awards such damages as would fully compensate Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce Hayes for injuries caused by Defendants' discriminatory conduct, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c)(1); and
4. Awards punitive damages to Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce Hayes pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c)(1).

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

1. Although Rayvon Toms is now twenty-one years old, he was a minor at all times relevant to this complaint, and was a minor when Gean Toms' initial claim was filed with the U.S. Department of Housing and Urban Development (HUD) on his behalf. The United States will therefore refer to Rayvon Toms as Gean Toms' "minor child" throughout this complaint.

Document Filed: January 18, 2001 > >