Wan J. Kim
Assistant Attorney General
Steven H. Rosenbaum
Chief
Keisha Dawn Bell
Deputy Chief
Kevin J. Kijewski
Michalyn Steele
Attorneys
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, N.W.- G St.
Washington, D.C. 20530
202-305-2913
202-514-1116 (facsimile)

Daniel G. Bogden
United States Attorney
Blaine T. Welsh
Civil Chief
Nevada Bar No. 4790
333 Las Vegas Boulevard South
Suite 5000
Las Vegas, NV 89101
702-388-6336
702-388-6787 (facsimile)
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

__________________________________________)

The United States of America alleges:

1. 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.

Jurisdiction and Venue

2. This Court has jurisdiction over this action under 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).

3. Venue is proper because the claims alleged in this action arose within the City of Las Vegas, Nevada, and concern or otherwise relate to real property located therein.

The Property

4. Pacific Legends West Condominiums is a residential dwelling complex located at 1830 N. Buffalo Drive, in Las Vegas, Nevada. Pacific Legends West is comprised of 23 two-story buildings containing 210 townhouse style two and three bedroom units, including 92 ground floor units, as well as public and common use areas, including parking areas, sidewalks, garbage receptacles, a mailroom, a clubhouse with men's and women's toilet rooms and showers, a fitness center, a pool, and a sauna.

5. Pacific Legends West's 210 units are "dwellings" within the meaning of 42 U.S.C. § 3602(b).

6. All 92 ground floor units in the buildings at Pacific Legends West were designed and constructed for first occupancy after March 13, 1991. These buildings are "covered multifamily dwellings" within the meaning of 42 U.S.C. § 3604 (f)(7)(A).

7. The 92 ground floor units in the buildings at Pacific Legends West, as well as its public and common use areas, are subject to the accessibility requirements of 42 U.S.C. § 3604(f)(3)(C).

The Defendants

8. Defendant Pacific Homes was the owner and developer of Pacific Legends West Condominiums. Pacific Homes is incorporated and has its principal place of business in Nevada.

9. Defendant Pacific Properties and Development Corporation, a Nevada Corporation, developed Pacific Legends West Condominiums.

10. At all times relevant to this complaint, defendant Steven Molasky (Molasky) was Chairman and Chief Executive Officer of Pacific Homes and Pacific Properties and Development Corporation, which was the owner and developer of the subject property.

11. At all times relevant to this complaint, Defendant Milburn and Associates, Inc., was an Arizona corporation doing business in Nevada. Milburn and Associates, Inc. designed the Pacific Legends West Condominiums.

12. At all times relevant to this complaint, Michael Milburn (Milburn) was President and CEO of Milburn and Associates, Inc. Milburn is the architect who designed the Pacific Legends West Condominiums. Milburn is licensed and has his principal place of business in Arizona.

13. Defendant Pacific Legends West Homeowners Association, Inc. represents the homeowners at Pacific Legends West Condominiums. It is a non-profit corporation and has its principal place of business in Nevada. The Pacific Legends West Homeowners Association has been included as a defendant in this action solely because it is a necessary party for relief.

14. Defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn violated 42 U.S.C. § 3604(f)(3)(C) by failing to design and construct Pacific Legends West Condominiums in such a manner that: (a) the public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities; (b) all doors within the ground floor units are sufficiently wide to allow passage by handicapped persons in wheelchairs; (c) all premises within such dwellings contain the following features of adaptive design: i) an accessible route into and through the dwelling; ii) reinforcements in bathroom walls to allow later installation of grab bars; and iii) useable kitchens and bathrooms, such that an individual using a wheelchair can maneuver about the space.

15. Defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn through actions and conduct referred to in paragraph 14 above, have:

1. Discriminated in the sale, or otherwise made unavailable or denied, dwellings to persons with a handicap because of their 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 a 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).

16. The conduct of defendants Pacific Homes, Pacific Properties and Development Corp., Molasky, Milburn and Associates, Inc., and Milburn 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.

17. Upon information and belief, persons who have been the victims of discriminatory housing practices by defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn 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.

18. The discriminatory actions and conduct by defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn, described above, was intentional, willful, and taken in disregard for the rights of others.

19. Pacific Legends Homeowners Association, Inc. is a necessary party for complete relief because they own the subject property.

Prayer for Relief

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

1. Declares that the policies and practices of defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn as alleged herein, violate the Fair Housing Act; 2. Declares that defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn have engaged in a pattern or practice of discrimination in violation of the Fair Housing Act and have denied rights under the Fair Housing Act to a group of persons raising an issue of public importance;

3. Enjoins defendants Pacific Homes, Pacific Properties and Development Corporation, Molasky, Milburn and Associates, Inc., and Milburn, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from

1. Failing or refusing, to the extent possible, to bring the dwelling units and public use and common use areas at Pacific Legends West into compliance with 42 U.S.C. § 3604(f)(3)(C);
2. 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
3. Designing and constructing any covered multifamily dwellings in the future that do not contain the accessibility and adaptability features required by 42 U.S.C. § 3604(f)(3)(C); and

4. Enjoins Pacific Homes and Pacific Legends West Homeowners Association, Inc., to allow access to the common and public use areas and the individual dwelling units at Pacific Legends West Condominiums, and to take any other actions appropriate to ensure that any retrofits required to bring the complex into compliance with the accessibility provisions of the Fair Housing Act can be made in a prompt and efficient manner; and 5. Awards appropriate monetary damages, pursuant to 42 U.S.C. § 3614(d)(1)(B) to fully compensate each person aggrieved by defendants' discriminatory conduct for their injuries.

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