ALBERTO R. GONZALES
Attorney General
WAN J. KIM
Assistant Attorney General
STEVEN H. ROSENBAUM
Chief
KEISHA DAWN BELL
Deputy Chief
SEAN R. KEVENEY
Trial Attorney
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, N.W.
Northwestern Building, 7th Floor
Washington, DC 20530
Tel: (202) 305-3109
Fax: (202) 514-1116
UNITED
STATES OF AMERICA,
Plaintiff,
v.
Civil
Action No.2:06-cv-
SANDPOINTE ASSOCIATES, L.P;
BACO REALTY CORP.; and
HEIDI PRADO
Defendants.
COMPLAINT
The United States of America
alleges:
1. This
action is brought 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 et seq. It is brought on behalf of
Heather Smith and her minor children, Courtney and Megan Smith, pursuant to
Section 812(o) of the Fair Housing Act, 42 U.S.C. § 3612(o), and pursuant
to Section 814(a) of the Fair Housing Act, 42 U.S.C. § 3614(a).
2. This
court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345
and 42 U.S.C. § 3614(a).
3. Venue
is proper because the claim alleged herein arose in the Eastern District of
California, and concerns or otherwise relates to real property located in the
Eastern District of California.
4. Defendant
Sandpointe Associates, L.P., owns the Sandpointe Apartments, a 156-unit
residential apartment complex located at 655 Hilltop Drive, Redding,
California.
5. Defendant
Sandpointe Associates, L.P., is organized under the laws of California.
6. Defendant
Sandpointe Associates, L.P., is engaged in the operation and management of the
Sandpointe Apartments.
7. Defendant
Baco Realty Corporation is engaged in the operation and management of the
Sandpointe Apartments.
8. Defendant
Heidi Prado, an employee of Baco Realty Corporation, is the manager of the
Sandpointe Apartments.
9. Defendant
Heidi Prado is engaged in the operation and management of the Sandpointe
Apartments.
10. The
Sandpointe Apartments is a "dwelling" within the meaning of 42 U.S.C. §
3602(b).
11. Heather
Smith became a tenant at the Sandpointe Apartments on or about April 30, 2004.
12. Heather
Smith resided at the Sandpointe Apartments with her two minor children, Courtney, and Megan. As of May 31,
2005, Courtney was aged ten (10) and Megan was aged twelve (12).
13. On
or about May 31, 2005, Heidi Prado issued a memorandum to all tenants at the
Sandpointe Apartments that stated, "all persons under the age of 14
must remain under constant visual
supervision of an adult 18 years of age or older. No one under the age of
14 would be allowed in the Office Area, Pool Area, Laundry Area, Weight Room
Area, Mail Area, or Outside on the lawns, driveways, behind buildings, or on
sidewalks without an adult present."
14. As
a result of the May 31, 2005 memorandum Heather Smith's children were afraid to
play outside.
15. As
a result of the May 31, 2005 memorandum, on or about June 10, 2005, Heather
Smith gave notice of her intention to vacate her apartment.
16. On
or about July 10, 2005, Heather Smith moved out of the Sandpointe
Apartments.
17. On
or about June 30,
2005, Ms. Smith filed a complaint with the United States Department of
Housing and Urban Development ("HUD") pursuant to Section 810(a) of the Fair
Housing Act, 42 U.S.C. § 3610(a), alleging discrimination in housing on the
basis of familial status. In her complaint, Ms. Smith alleged, inter
alia, that Sandpointe Apartments and Ms. Prado had discriminated in the
terms and conditions of the rental of a dwelling on the basis of familial
status, and had caused to be made, printed, or published, a notice, statement,
or advertisement, with respect to the rental of a dwelling that indicates a
preference, limitation, or discrimination based on familial status.
18. Pursuant
to the requirements of 42 U.S.C. §§ 3610(a), (b) & (f), the Secretary
of HUD conducted and completed an investigation of the complaint filed by Ms.
Smith, attempted conciliation without success, and prepared a final
investigative report. Based on information gathered during the investigation,
the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that
reasonable cause exists to believe that discriminatory housing practices had
occurred.
19. Accordingly,
on or about September 21,
2006, the Secretary issued a Charge of Discrimination pursuant to 42
U.S.C. § 3610(g)(2)(A), charging Sandpointe Associates and Heidi Prado with
engaging in discriminatory housing practices in violation of the Fair Housing
Act.
20. On
or about October 17, 2006, Heidi Prado and Sandpointe Associates, L.P. elected
to have the Charge of Discrimination resolved in a civil action filed in federal
district court, pursuant to 42 U.S.C. § 3612(a).
21. On
or about October 18, 2006, HUD's Chief Administrative Law Judge issued a Notice
of Election of Judicial Determination and terminated the administrative
proceeding on the complaint filed by Ms. Smith.
22. Following
this Notice of Election, the Secretary of HUD authorized the Attorney General to
commence a civil action, pursuant to 42 U.S.C. § 3612(o).
23. Defendants,
through the actions described above, have:
(a) Discriminated in the
terms, conditions, or privileges of rental of a dwelling, or in the provision of
services or facilities in connection therewith, because of familial status, in
violation of 42 U.S.C. § 3604(b); and
(b) Made, printed, or
published, or caused to be made, printed, or published, a notice, statement, or
advertisement, with respect to the rental of a dwelling that indicates a
preference, limitation, or discrimination based on familial status, in violation
of 42 U.S.C. § 3604(c).
24. Ms.
Smith, Courtney Smith, and Megan Smith are aggrieved persons, as defined in 42
U.S.C. § 3602(i), and have suffered damages as a result of the defendants'
conduct described above.
25. The
discriminatory actions of the defendants described above, were intentional,
willful, and taken in disregard for the rights of Ms. Smith, Courtney Smith, and
Megan Smith.
WHEREFORE, the United States prays that the
court enter an ORDER that:
1.
Declares that the Defendants' policies and practices, as alleged herein, violate
the Fair Housing Act;
2.
Enjoins the Defendants, their officers, employees, agents, successors and all
other persons in active concert or participation with them, from:
(a) Discriminating in the
terms, conditions, or privileges of rental of a dwelling, or in the provision of
services or facilities in connection therewith, because of familial status;
(b) Making, printing, or
publishing, or causing to be made, printed, or published any notice, statement,
or advertisement, with respect to the rental of a dwelling that indicates any
preference, limitation, or discrimination based on familial status; and
(c) Failing or refusing to
take such affirmative steps as may be necessary to restore, as nearly as
practicable, the victims of the Defendants' unlawful practices to the position
they would have been in but for the discriminatory conduct.
3.
Awards monetary damages, pursuant to 42 U.S.C. § 3614(d)(1)(B), to all persons
harmed by the Defendants' discriminatory practices; and
4.
Assesses a civil penalty against Sandpointe Apartments in an amount authorized
by
42 U.S.C. § 3614(d)(1)(C), to vindicate the
public interest.
The
United States further prays for such additional relief as the interests of
justice may require.
Dated: November 16, 2006
|
ALBERTO R. GONZALES
Attorney General |
|
|
/s/Wan J. Kim
WAN J. KIM
Assistant Attorney General
/s/Steven H. Rosenbaum
STEVEN H. ROSENBAUM
Chief/s/Sean R. Keveney
KEISHA DAWN BELL
Deputy Chief
SEAN R. KEVENEY
Trial Attorney
|
Document Filed: November 16, 2006
