UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Civil Action No. 97 C 8177
JDL MANAGEMENT COMPANY and
KLLM ARCHITECTS, INC.,
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.
- This court has jurisdiction over this action under
28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
- Acorn Glen is a residential dwelling complex located at
5100 West 111th Street, Oak Lawn, Illinois. Acorn Glen is
comprised of at least twelve ranch style townhomes and 108
condominium units. The 108 condominium units are located in six,
three-story buildings. Three of the buildings have elevators and
consist of twenty-four units each. The remaining three buildings
do not have elevators and consist of twelve units, with four
units on each floor. All of the 120 units at Acorn Glen were
designed and constructed for first occupancy after March 13,
- Defendant JDL Management Co., Inc. (JDL) is an Illinois
corporation whose principal place of business is located in the
Northern District of Illinois. Defendant JDL is responsible for
the design, development, construction, and sale of residential
dwellings at Acorn Glen.
- Defendant KLLM Architects, Inc. (KLLM) is an
architectural firm whose principal place of business is in the
Northern District of Illinois. Defendant KLLM is responsible for
the design of the ranch style townhomes and condominium units at
- The twelve ranch style townhomes and 108 condominium
units are "dwellings" within the meaning of 42 U.S.C. § 3602(b).
The twelve ranch style townhomes, the seventy-six units in the
three elevator buildings and the twelve ground floor units in the
three non-elevator buildings are "covered multi-family dwellings"
within the meaning of 42 U.S.C. § 3604(f)(7)(A).
- All of the Acorn Glen ranch style townhomes, the
seventy-six units in the elevator buildings and the twelve ground
floor units in the non-elevator buildings are subject to the
accessibility requirements of 42 U.S.C. § 3604(f)(3)(C).
- Defendants have violated 42 U.S.C. § 3604(f)(3)(C) by
failing to design and construct these dwellings in such a manner
that: (a) the public use and common use portions of such
dwellings are readily accessible to and usable by individuals
with disabilities; (b) all doors are sufficiently wide to allow
passage by persons who use wheelchairs; and (c) all premises
within such dwellings contain: (i) an accessible route into and
through the dwelling; and (ii) reinforcements in the bathroom
walls to allow later installation of grab bars.
- Defendants, through actions referred to in paragraph 9,
- 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); and
- 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 described above constitutes:
- 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
- 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
- Persons who may have been the victims of defendants'
discriminatory housing practices are aggrieved persons as defined
in 42 U.S.C. § 3602(i) and may have suffered injuries as a result
of defendants' conduct described above.
- 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
- Declares that defendants' policies and practices, as
alleged herein, violate the Fair Housing Act;
- Enjoins defendants, their officers, employees, agents,
successors and all other persons in active concert or
participation with any of them, from:
- Failing or refusing to bring the dwelling units
and public use and common use areas at Acorn Glen
into compliance with 42 U.S.C. § 3604(f)(3)(C);
- Failing or refusing to take such affirmative steps
as may be necessary to restore, as nearly as
practicable, the victims of defendants' unlawful
practices to the position they would have been in
but for the discriminatory conduct; and
- 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);
- Awards such damages as would fully compensate each per-son aggrieved by defendants' discriminatory housing practices for
their injuries resulting from defendants' discriminatory conduct,
pursuant to 42 U.S.C. § 3614(d)(1)(B);
- Assesses a civil penalty against each defendant as
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.
Isabelle Katz Pinzler
Acting Assistant Attorney General
Civil Rights Division
Joan A. Magagna
Acting Chief, Housing and Civil Enforcement Section
Isabelle M. Thabault
Sunny E. Pietrafesa, Attorney
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, D.C. 20035-5998
Scott R. Lassar
United States Attorney
Joan C. Laser
Assistant United States Attorney
219 S. Dearborn Street
Chicago, Illinois 60604