UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------
UNITED STATES OF AMERICA,
Plaintiff,
v. Complaint
CV-
ADI MANAGEMENT, INC.;
HERBERT DONNER; and
HIGHLAND TERRACE, L.L.C.;
Defendants.
-----------------------------------
THE UNITED STATES OF AMERICA ALLEGES:
- This Court has jurisdiction over this action
pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o).
- This action is brought by the United States on
behalf of the estate of Hillary Smith, pursuant to § 812(o) of
the Fair Housing Act, as amended, 42 U.S.C. § 3612(o) ("The
Act").
- Defendant ADI Management, Inc. ("ADI"), a New
York State corporation, is a property management company
located at 172-90 Highland Avenue, Jamaica, New York 11432.
Among the properties ADI manages is a residential apartment
complex consisting of 88 apartments located at 172-90 Highland
Avenue, Jamaica Estates, Queens (the "subject property").
- Defendant Herbert Donner is the President of ADI
Management, Inc. and upon information and belief, the
principal of Highland Terrace L.L.C. responsible for its day
to day management.
- Defendant Highland Terrace L.L.C. ("Highland") is a New York State limited liability company. Highland is the landlord and owner of the subject property.
- Hillary Smith ("Ms. Smith") resided at the
subject property until she died at the age of 34 in May 2001.
Patricia C. Smith, Ms. Smith's mother, is the administrator of
her estate.
- Upon information and belief, Ms. Smith suffered
from widely metastatic breast cancer to the bone, liver and
lungs and underwent hip surgeries that rendered her mobility
impaired. As a result, Ms. Smith suffered from depression and
anxiety. Ms. Smith received Social Security Disability
("SSD").
- On or about October 2, 1999, Ms. Smith filed a
timely verified housing discrimination complaint with the
United States Department of Housing and Urban Development
("HUD"), pursuant to § 810 of the Fair Housing Act, 42 U.S.C.
§ 3610. The administrative complaint alleges, inter alia,
that Ms. Smith suffered from metastatic breast cancer and
permanent injuries to her hips and was homebound. The
complaint further alleges, inter alia, that the defendants
refused to make a reasonable accommodation to allow Ms. Smith
to keep an emotional support animal. Rather, defendants
served Ms. Smith with eviction notices.
- Pursuant to the requirements of 42 U.S.C. §
3610(a) and (b), the Secretary of HUD ("the Secretary"),
conducted an investigation of the complaint, attempted
conciliation without success and prepared a final
investigative report. Based on the information gathered in
this investigation, the Secretary, pursuant to 42 U.S.C.
3610(g)(1), determined that reasonable cause exists to believe
that the discriminatory housing practices alleged by Ms. Smith
had occurred.
- On or about April 8, 2002, the Secretary issued
a Determination of Reasonable Cause and Charge of
Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A),
charging the defendants with engaging in discriminatory
housing practices in violation of the Fair Housing Act.
- On May 7, 2002, defendants elected to have the
charge resolved in a federal civil action pursuant to 42
U.S.C. § 3612(a).
- Following this election, the Secretary, through
HUD's General Counsel, authorized the Attorney General to file
this action on behalf of the estate of Hillary Smith, pursuant
to 42 U.S.C. § 3612 (o)(1).
- HUD's investigation revealed that possession of
an emotional support animal was necessary for Ms. Smith,
providing therapeutic benefits. By letters dated July 23,
1999 and August 12, 1999, Ms. Smith advised defendants of her
disability and her need for an emotional support animal,
requesting accommodation of this request. Ms. Smith provided
medical support for the request and further advised defendants
that the animal was a four pound, fully trained Chihuahua.
Defendants refused to grant the accommodation, citing a "no
pets" policy contained in the lease. Defendants served Ms.
Smith with a "Notice to Cure" premised on Ms. Smith's
possession of the dog, and with a "Notice to Terminate" dated
August 16, 1999 and September 2, 1999, respectively.
- Defendants, through the actions described above
have refused to make a reasonable accommodation in their
rules, policies, practices or services, when such an
accommodation was necessary to afford Ms. Smith equal
opportunity to use and enjoy a dwelling in violation of 42
U.S.C. § 3604(f).
- As a result of defendants' conduct as described above, Ms. Smith suffered damages.
- Defendants' discriminatory actions were
intentional, willful and taken in disregard of the Ms. Smith's
rights.
WHEREFORE, the United States of America prays that
this Court enter an ORDER that:
- Declares that defendants' discriminatory housing
practices, as set forth above, violates the Fair Housing Act,
as amended, 42 U.S.C. §§ 3601-3619.
- Enjoins defendants, their agents, employees,
successors and all other persons in active concert or
participation with any of them from violating the Fair Housing
Act in any way, including: a) discriminating on the basis of
disability against any person in any aspect of the occupancy
or sale of a dwelling; b) failing to make reasonable
accommodations for persons with disabilities as required by
the Federal Fair Housing Act; and c) maintaining a blanket
prohibition against pets which discriminates against persons
with disabilities.
- Awards such damages as will fully compensate
the estate of Ms. Smith for injuries caused by defendants'
discriminatory conduct, pursuant to 42 U.S.C. §§ 3612(o)(3),
3613(c)(1); and
- Awards punitive damages to the estate of Ms.
Smith pursuant to 42 U.S.C. §§ 3612(o)(3), 3613(c)(1).
The United States further prays for such additional
relief as the interests of justice may require.
Dated: Brooklyn, New York
June 3, 2002
Respectfully submitted,
ALAN VINEGRAD
United States Attorney
By: _______________________________
MARLA TEPPER (MT 7529)
Assistant U.S. Attorney
Civil Rights Litigation
One Pierrepont Plaza, 16th Fl.
Brooklyn, New York 11201
(718) 254-6155
Document Filed: June 5, 2002
