R. ALEXANDER ACOSTA
Assistant Attorney General
STEVEN H. ROSENBAUM
DIANE L. HOUK
ANA HENDERSON
ANTHONY F. ARCHEVAL
Attorneys
Housing and Civil Enforcement Section-G St.
Civil Rights Division
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202) 353-9300
AH-4579
CHRISTOPHER J. CHRISTIE
United States Attorney
MICHAEL CHAGARES
United States Attorney's Office
970 Broad Street, Suite 700
Newark, N.J. 07102
(973)645-2839
MC-5483
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No.
BOROUGH OF BOUND BROOK,
NEW JERSEY,
Defendant.
COMPLAINT
The United States of America alleges:
- The United States of America brings this action to
enforce the provisions of the Fair Housing Act, as amended,
42 U.S.C. §§ 3601 et seq. ("the Fair Housing Act"), and pursuant to Section 814(a) of the Act, 42 U.S.C. § 3614(a).
- This Court has jurisdiction over this action under
28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
- Defendant Borough of Bound Brook ("Borough") is a
political subdivision of Somerset County in the State of New
Jersey located within the District of New Jersey. The Mayor of
the City is the head of the City's executive branch, and the
Council members are the Borough's legislative branch.
- The Borough's Planning Board is comprised of eight
members, in addition to the Mayor, who are appointed by the Mayor
and the Council. The Planning Board governs, inter alia, the
issuance of site plan waivers, zoning compliance, and enforcement
of certain laws, ordinances, and regulations relating to the use
and occupancy of buildings, including residential dwellings,
located within the Borough's boundaries.
- According to Census data, four (4%) percent of the
Borough's population was Latino in 1970. The Borough's Latino
population increased to seven (7%) percent by 1980 and to
thirteen (13%) percent by 1990.
- Between 1990 and 2000, the Latino population in the
Borough increased by 189%. According to the 2000 Census, the
Borough's Latino population is thirty-five (35%) percent.
- The Latino population in Bound Brook is primarily Costa
Rican, Salvadoran, and Mexican. Additionally, the Latino
population in Bound Brook is racially Mestizo - that is, of
European and Indigenous or Indian descent.
- The Borough contains several distinct neighborhoods or
areas recognized by residents and officials:
- The West End area is the southwest corner of the
Borough, roughly following Talmage Avenue bounded by
Church Street to the East, Second Avenue to the North,
Bridgewater Township to the West, and the Borough of
South Bound Brook to the South. The West End area has
a population of 2,397, of whom 1,382 (58%) are Latino;
- The Downtown area is the southeastern portion of
the Borough, roughly following Main Street between
Church Street to the West, Second Avenue and East Union
Avenue to the North, Middlesex Borough to the East, and
the Borough of South Bound Brook to the south. The
Downtown area has a population of 899, of whom 509
(57%) are Latino;
- The North End area is the northern portion of the
Borough, excluding the Bound Brook Apartments. It is
bounded by Union Avenue to the South, Thompson Avenue
to the East, and Bridgewater Township to the North and
East. The North End has a population of 2,550, of whom
203 (8%) are Latino;
- The Bound Brook Apartments is the largest apartment
complex in the Borough and is located in the
northwestern corner of the Borough, bounded by
Bridgewater Township to the north and west, Union
Avenue to the south, and Thompson Avenue to the East.
The Bound Brook Apartments has a population of 1,526,
of whom 929 (61%) are Latino; and
- The transitional area of the Borough is located in
the area bounded by Union Avenue to the north,
Bridgewater Township to the west, Second Avenue to the
south, and East Street to the east, and has a
population of 2,783, of whom 518 (19%) are Latino.
- Beginning in the early 1990's, public hostility and
opposition to the growing Latino population sharply increased.
Residents made anti-Latino statements and statements that
indicated their desire to limit or remove the Latinos from the
Borough to their elected and appointed officials.
- As early as 1992, Borough officials also expressed
hostility and opposition toward the growing Latino population, in
both public and private forums, including anti-Latino statements
and statements and actions indicating their motivation or desire
to limit or remove the Latino population in the Borough.
- Beginning in at least 2000, messages were posted on the
Bound Brook Forum, an Internet chat room hosted by New Jersey
Online, expressing hostility toward Latino residents in the
Borough. At least one Borough elected official used the Bound
Brook Forum to solicit addresses for home inspections. Comments
posted in response to these solicitations contained explicit
racially derogatory statements about Latino residents of Bound
Brook.
- Aware of and in response to the rapidly increasing
Latino population and strong public hostility towards Latinos
described above, the Borough undertook the following actions
throughout the 1990's, and into the present, to limit, decrease,
and/or remove Latinos living in the Borough:
- On March 8, 1994, the Borough adopted a new
Property Maintenance Code which greatly restricted the
number of people that could live in a dwelling unit and
curtailed the areas of a dwelling that could legally be
used for living purposes. Since the Code contained no
grandfather provisions, households residing legally in
the Borough under the previous Code found themselves in
violation of the Code;
- Beginning at least in 1992 and increasing after
enactment of the new Property Maintenance Code, the
Borough engaged in selective enforcement of the Code
and other zoning ordinances against Latino residents;
and
- On February 1, 2000, the Borough adopted a
Redevelopment Plan which calls for the elimination of
nearly all residential uses in two areas: Area 1,
which roughly coincides with the Downtown area, and
Area 2, which roughly coincides with the West End area.
- The population of the combined redevelopment
areas is 3,296, of whom 1,891 (57%) are Latino;
- The combined redevelopment areas contain 53%
(1,891 of 3541) of the Borough's Latino
population;
- The Redevelopment Plan does not provide
sufficient replacement housing within the
redevelopment areas to allow displaced Latino
residents to return to the Borough after
redevelopment, and there is not sufficient
alternative housing elsewhere in the Borough to
house displaced Latino residents; and
- The Redevelopment Plan will lead to the
displacement of the largest Latino community in
the Borough and over 50% of the Borough's total
Latino population.
- The Borough's adoption of its Property Maintenance Code
as described above has made housing unavailable because of
national origin, race, or color in violation of Section 804(a) of
the Fair Housing Act, 42 U.S.C. § 3604(a).
- The Borough's enforcement of its Property Maintenance
Code as described above has made housing unavailable because of
national origin, race, or color and also constitutes
discrimination in terms, conditions, or privileges of sale or
rental of dwellings or in the provision of services because of
national origin, race, or color in violation of Section 804(a)
and Section 804(b) of the Fair Housing Act, 42 U.S.C. § 3604(a)
and 42 U.S.C. § 3604(b).
- The Borough's adoption and imminent implementation of
the redevelopment plan, will make housing unavailable because of
national origin, race, or color in violation of Section 804(a) of
the Fair Housing Act, 42 U.S.C. § 3604(a).
- The conduct of the Borough, through its officials,
described above, constitutes:
- A pattern or practice of resistance to the full
enjoyment of rights secured by the Fair Housing Act,
42 U.S.C. §§ 3601 et seq.; and
- A denial to a group of persons of rights granted by
the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., which
raises an issue of general public importance.
- There are persons who have been injured by defendant's
discriminatory actions as described above and are aggrieved
persons as defined in 42 U.S.C. § 3602(i). These persons have
suffered, or may have suffered, damages as a result of
Defendant's discriminatory conduct.
- Defendant's conduct has been intentional, willful, and
taken in disregard of the rights of Latino residents of the
Borough.
WHEREFORE, the United States prays that the Court enter an
ORDER that:
- Declares that the actions of the Defendant described
herein constitute violations of the Fair Housing Act;
- Enjoins the defendant, its officials, agents, and
employees, and all other persons in active concert or
participation with it, from continuing to discriminate on the
basis of national origin, race, or color in violation of
42 U.S.C. §§ 3601 et seq.;
- Requires such actions by the Defendant as may be
necessary to restore all persons aggrieved by Defendant's
discriminatory housing practices to the position they would have
occupied but for the Defendant's discriminatory conduct;
- Awards monetary damages to each person aggrieved by
Defendant's discriminatory housing practices pursuant to 42
U.S.C. §3614(d)(1)(B); and
- Assesses a civil penalty against Defendant in an
amount 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.
|
JOHN ASHCROFT
Attorney General |
CHRISTOPHER J. CHRISTIE
United States Attorney
_________________________
MICHAEL CHAGARES
Civil Chief
United States Attorney's Office
970 Broad Street
Suite 700
Newark, N.J. 07102
(973)645-2839
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
STEVEN H. ROSENBAUM
Chief
Housing and Civil
Enforcement Section-G St.
DIANE L. HOUK
Special Litigation Counsel
ANA HENDERSON
ANTHONY F. ARCHEVAL
Trial Attorneys
Civil Rights Division
Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: (202) 353-9300
Facsimile: (202) 514-1116
Document Entered March 12, 2004
