IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
CIVIL ACTION NO. 93C 1794
GHEORGHI NEDIALKOV (also known
as GEORGE NEDIALKOV); and
The United States of America alleges:
- This action is brought by the United States to enforce the
provisions of 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, et seg.
- This court has jurisdiction over this action under 28 U.S.C.
§ 1345 and 42 U.S.C. § 3614.
- Defendants Gheorghi Nedialkov (also known as George
Nedialkov) and James Nedialkov are residents of the Northern
District of Illinois, residing at 2622 West Windsor, Chicago,
Illinois, 60602. Defendant Gheorghi Nedialkov is the father of
defendant James N. Nedialkov. From approximately April of 1988
until at least September of 1992, defendants owned a residential
rental property containing 40 apartments located within the
Northern District at 1241 Loyola Avenue, Chicago, Illinois. From
approximately April of 1988 until on or about September of
1992, Gheorghi Nedialkov managed the rental property located at
1241 Loyola Avenue, Chicago, Illinois.
- The property and apartments at 1241 Loyola Avenue, Chicago,
Illinois, owned and/or managed by defendants are dwellings within
the meaning of 42 U.S.C. §3602(b).
- The defendants have engaged in a pattern or practice of
discrimination against persons on the basis of sex in connection
with the rental of dwellings in violation of the Fair Housing
Act. Specifically, from 1988 through at least 1992, the defendant
Gheorghi Nedialkov implemented this pattern or practice by
subjecting female tenants of the property located at 1241 Loyola
Avenue to extensive, continuous and unwelcome sexual harassment;
conditioned tenancy on the grant of sexual favors; created a
hostile environment for female tenants; and retaliated against
women who filed complaints of sexual harassment against him.
Among the conduct in which the defendant Gheorghi Nedialkov
engaged are the following:
- conditioning tenancy at the building with acceptance of sexual advances;
- making repeated and unwelcome sexual comments and advances
to women tenants, including sexual touching and sexual assault;
- threatening and taking steps to evict women tenants who
filed complaints of sexual harassment against him; and
- refusing to make repairs in apartments of women tenants who filed complaints against him and conditioning the making of such repairs on the withdrawal of the complaints.
- The discriminatory practices described above resulted in the
constructive eviction of female tenants from their dwellings
thereby making the dwellings unavailable to them because of their
sex in violation of Section 804(a) of the Fair Housing Act, 42
- The conduct described above, creating a hostile and abusive
environment for female tenants and conditioning tenancy with
sexual favors, constitutes a violation of Section 804(b) of the
Fair Housing Act, 42 U.S.C. §3604(b).
- The conduct described above of coercing, intimidating,
threatening, and/or interfering with female tenants in the
exercise or enjoyment of rights granted and protected by Section
804 of the Fair Housing Act, as amended, constitutes a violation
of Section 818 of the Fair Housing Act, 42 U.S.C. §3617.
- Defendant James Nedialkov knew or should have known of the
discriminatory conduct of the defendant Gheorghi Nedialkov as
described in paragraph 5 but refused to take action to curtail
the discriminatory behavior of Gheorghi Nedialkov, in violation
of 42 U.S.C. §3604(a) and (b) and §3617.
- The conduct of the defendants described above constitutes:
- A pattern or practice of resistance to the full enjoyment of
rights secured by Title VIiI of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
§3601 et seg., and
- A denial to a group of persons of rights granted by Title
VIII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988, 42 U.S.C. §3601 et seg., which
denial raises an issue of general public importance.
- There are several victims of defendants' practices who were
tenants of the property owned and managed by the defendants.
These victims are aggrieved persons as defined in 42 U.S.C.
§3602(i) and have suffered damages as a result of the defendants'
- The defendants' conduct was intentional, willful, and taken
in disregard for the rights of others.
WHEREFORE, the United States prays that the Court enter an ORDER
- Declares that the discriminatory practices of defendants
violate the Fair Housing Act, as amended, 42 U.S.C. §3601 et
- Enjoins the defendants, their agents, employees, and
successors, and all other persons in active concert or
participation with them from:
- Discriminating on account of sex against any person in any
aspect of the rental of a dwelling;
- Interfering with or threatening to take any action against
any person in the exercise or enjoyment of rights granted or
protected by the Fair Housing Act, as amended; and
- Failing or refusing to take such affirmative steps as may be
necessary to (1) restore, as nearly as practicable, the victims
of the defendants' past unlawful practices to the position they
would have been in but for the discriminatory conduct; and (2)
notify residents of their rental properties as well a's the
public that the properties will be operated in a manner so as not
to discriminate on the basis of sex;
- Awards such damages as would fully compensate each
identifiable victim of defendants' discriminatory housing
practices for injuries caused by the defendants' discriminatory
conduct, pursuant to 42 U.S.C. §3614(d)(1)(B);
- Awards punitive damages to each identifiable victim of
defendants' discriminatory housing practices, pursuant to 42
U.S.C. §3614(d)(1)(B); and
- Assesses a civil penalty against the defendants in order to
vindicate the public interest pursuant to 42 U.S.C.
The United States further prays for such additional relief
as the interests of justice may require.
United States Attorney
JAMES P. TURNER
Acting Assistant Attorney General
Assistant United States Attorney
219 S. Dearborn Street
Chicago, Illinois 60604
PAUL F. HANCOCK
Chief, Housing and Civil Enforcement Section
ISABELLE M. THABAULT
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington, D.C. 20035
Document Filed: March 25, 1993.