UNITED STATES OF AMERICA,
Plaintiff,
v.
BRUCE TANSKI; BRUCE TANSKI
CONSTRUCTION AND DEVELOPMENT
COMPANY, L.L.C.; CLIFTON
COURT APARTMENTS L.L.C.;
MOUNTAIN LEDGE, L.P.;
MOUNTAIN LEDGE
DEVELOPMENT CORP.;
MOUNTAIN LEDGE, L.L.C.;
MICHAEL DENNIS;
HOWARD F. JACOBSON;
YATES SCOTT LANSING,
Defendants. |
Civil Action No. 04-CV-714
NAM/RFT |
___________________________________
SECOND AMENDED COMPLAINT
The United States of America alleges:
1. This action is brought by the United States to enforce
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. It is brought on behalf of Gloria Lynn Minet
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 under 28 U.S.C. § 1345 and 42 U.S.C. §§ 3612(o) and 3614(a).
3. Venue is proper because the claims alleged herein arose
in the Northern District of New York, and concern or otherwise
relate to real property located in the Northern District of New
York.
4. Defendant Bruce Tanski is an officer, principal,
employee, or agent of Bruce Tanski Construction and Development
Company, is a citizen of New York, and resides in Clifton Park,
New York.
5. Defendant Bruce Tanski Construction and Development
Company, L.L.C. is incorporated under the laws of New York, and
has its principal place of business in Clifton Park, New York.
6. Defendant Bruce Tanski Construction and Development
Company, L.L.C. is engaged in the development, construction, and
operation of rental apartment complexes in New York.
7. Defendant Bruce Tanski Construction and Development
Company, L.L.C., provided design or construction services in
connection with the design or construction of a number of
apartment complexes, including, but not necessarily limited to,
the following:
| Name of Development |
Location |
| McGregor Village |
Wilton, New York |
| Clifton Court North |
Halfmoon, New York |
| Carol Jean Estates |
Halfmoon, New York |
| Cranberry Estates |
Halfmoon, New York |
| Andrea Court |
Halfmoon, New York |
| Pine Ridge II |
Halfmoon, New York |
| Halfmoon Court |
Halfmoon, New York |
8. Defendant Bruce Tanski provided design or construction
services in connection with the design or construction of
McGregor Village.
9. Defendant Bruce Tanski is involved in the management or
operation of the apartment complexes listed in paragraph 11,
below.
10. Defendant Clifton Court Apartments L.L.C. is
incorporated under the laws of New York, and has its principal
place of business in Clifton Park, New York.
11. Defendant Clifton Court Apartments L.L.C. is involved
in the ownership, management, or operation of the following
apartment complexes: (1) Clifton Court North, (2) Carol Jean
Estates, (3) Halfmoon Court, (4) Cranberry Estates, (5) Pine
Ridge II, and (6) Andrea Court. In its capacity as an owner of
these complexes, Clifton Court Apartments L.L.C., with respect to
Count II, below, is a party necessary to this lawsuit in whose
absence complete relief cannot be afforded to the United States.
12. Defendant Mountain Ledge, L.P. is a limited partnership
organized under the laws of New York, and has its principal place
of business in Saratoga Springs, New York.
13. Defendant Mountain Ledge, L.P. owned McGregor Village
at the time of the design or construction of McGregor Village.
14. Defendant Mountain Ledge, L.P. continues to own
McGregor Village.
15. Defendant Mountain Ledge Development Corp. is a
corporation organized under the laws of New York, and has its
principal place of business in Saratoga Springs, New York.
16. Defendant Mountain Ledge Development Corp. is the
general partner of Defendant Mountain Ledge L.P.
17. Defendant Michael Dennis is the sole shareholder and
president of Mountain Ledge Development Corp., is a citizen of
New York, and resides in Saratoga Springs, New York.
18. Defendant Mountain Ledge, L.L.C. is incorporated under
the laws of New York, and has its principal place of business in
Saratoga Springs, New York.
19. Defendant Mountain Ledge, L.L.C., on information and
belief, had an ownership interest in McGregor Village at the time
McGregor Village was designed or constructed.
20. Defendant Michael Dennis participated in the design or
construction of McGregor Village.
21. Defendant Michael Dennis has participated in the
management of McGregor Village.
22. Defendant Howard F. Jacobson is a professional engineer
and a citizen of New York who resides in Guilderland, New York.
23. Defendant Howard F. Jacobson provided architectural or
engineering services in connection with the design or
construction of McGregor Village.
24. Defendant Yates Scott Lansing is an engineer and a
citizen of New York who resides in Malta, New York.
25. Defendant Yates Scott Lansing provided architectural or
engineering services in connection with the design or
construction of McGregor Village.
COUNT I
26. Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-25, above.
27. McGregor Village Apartments ("McGregor Village") is a
multifamily apartment complex located in Wilton, New York.
28. McGregor Village consists of 27 two-story buildings.
None of the 27 buildings has an elevator. McGregor Village has a
total of 212 units, 106 of which are located on the ground floor.
29. McGregor Village was designed and constructed for first
occupancy after March 13, 1991. Each of McGregor Village's 212
units is a "dwelling" within the meaning of 42 U.S.C. § 3602(b).
30. McGregor Village's 106 ground-floor units are "covered
multifamily dwellings" within the meaning of 42 U.S.C.
§ 3604(f)(7)(B), and are subject to the design and construction
requirements of 42 U.S.C. § 3604(f)(3)(C).
31. Gloria Lynn Minet is an individual with a disability
who currently resides at the McGregor Village Apartments in
Wilton, New York.
32. Gloria Lynn Minet became a resident of McGregor Village
on or about August 1, 1999, and continues to reside at McGregor
Village.
33. On or about February 19, 2002, Ms. Minet 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 handicap. In her complaint, Ms. Minet
alleged that McGregor Village was neither designed nor
constructed in accordance with the accessibility requirements of
the Fair Housing Act, and that McGregor Village failed to make
appropriate reasonable accommodations.
34. 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. Minet, 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. Accordingly, on or about April 28, 2004, the Secretary issued a 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.
35. On or about May 21, 2004, Michael Dennis and Mountain
Ledge, 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).
36. On or about May 24, 2002, 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. Minet.
37. 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).
38. Defendants Bruce Tanski; Bruce Tanski Construction and
Development Company; Mountain Ledge L.P.; Mountain Ledge L.L.C.;
Mountain Ledge Development Corp.; Michael Dennis; Howard F.
Jacobson; and Yates Scott Lansing have failed to design or
construct McGregor Village so that:
(a) the public use and common use portions are readily
accessible to and usable by individuals with disabilities;
(b) all doors within the ground-floor units are
sufficiently wide to allow passage by persons with
disabilities who use wheelchairs; and
(c) the ground-floor units contain the following
features of adaptive design: (i) an accessible route into
and through the dwelling; (ii) electrical outlets,
thermostats and other environmental controls in accessible
locations; (iii) reinforcements in bathroom walls to allow
later installation of grab bars; and (iv) usable kitchens
and bathrooms such that an individual using a wheelchair can
maneuver about the space.
39. Defendants Bruce Tanski; Bruce Tanski Construction and
Development Company; Mountain Ledge L.P.; Mountain Ledge L.L.C.;
Mountain Ledge Development Corp.; Michael Dennis; Howard F.
Jacobson; and Yates Scott Lansing, through the actions referred
to in the preceding paragraph, have:
(a) Discriminated in the rental of, or otherwise made
unavailable or denied, dwellings to renters because of
handicap, in violation of 42 U.S.C. § 3604(f)(1);
(b) 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 handicap, in violation of 42 U.S.C.
§ 3604(f)(2); and
(c) Failed to design or construct dwellings in
compliance with the accessibility and adaptability features
mandated by 42 U.S.C. § 3604(f)(3)(C).
40. Defendants Mountain Ledge, L.P., Mountain Ledge,
L.L.C., Mountain Ledge Development Corp., Michael Dennis, Bruce
Tanski Construction and Development Company L.L.C., and Bruce
Tanski had notice, before the design or construction of McGregor
Village was completed, that McGregor Village was not designed or
constructed in compliance with federal accessibility
requirements.
41. Defendants Mountain Ledge, L.P.; Mountain Ledge,
L.L.C.; Mountain Ledge Development Corp.; Michael Dennis; Bruce
Tanski Construction and Development Company L.L.C.; Clifton Court
Apartments L.L.C.; and Bruce Tanski, in failing to make
reasonable accommodations in their rules, policies, practices,
and services, have discriminated in the rental, or otherwise made
unavailable or denied, dwellings to renters because of handicap,
in violation of 42 U.S.C. § 3604(f)(1) and (f)(3)(B).
42. Ms. Minet is aggrieved person, as defined in 42 U.S.C. § 3602(i), and has suffered damages as a result of the
defendants' conduct described above.
43. The discriminatory actions of the defendants named in
paragraph 41, above, were intentional, willful, and taken in
disregard for the rights of Ms. Minet.
COUNT II
44. Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-43, above.
45. Each of the apartment complexes specified in paragraph
7 above (hereinafter referred to as "the subject complexes")
contains residential apartments units that are "dwellings" within
the meaning of 42 U.S.C. § 3602(b).
46. The ground-floor units at each subject complex designed
and constructed for first occupancy after March 13, 1991, are
"covered multi-family dwellings" within the meaning of 42 U.S.C.
§ 3604(f)(7)(B), and are subject to the design and construction
requirements of 42 U.S.C. § 3604(f)(3)(C).
47. Defendants Bruce Tanski; Bruce Tanski Construction and
Development Company; Mountain Ledge L.P.; Mountain Ledge L.L.C.;
Mountain Ledge Development Corp.; Michael Dennis; Howard F.
Jacobson; and Yates Scott Lansing have failed to design or
construct the covered dwelling units and common use and public
use areas in the subject complexes and others in such a manner
that:
(a) the public use and common use portions are readily
accessible to and usable by individuals with disabilities;
(b) all doors within the ground-floor units are
sufficiently wide to allow passage by persons with
disabilities who use wheelchairs; and
(c) the ground-floor units contain the following
features of adaptive design: (i) an accessible route into
and through the dwelling; (ii) electrical outlets,
thermostats and other environmental controls in accessible
locations; (iii) reinforcements in bathroom walls to allow
later installation of grab bars; and (iv) usable kitchens
and bathrooms such that an individual using a wheelchair can
maneuver about the space.
48. Defendants Bruce Tanski; Bruce Tanski Construction and
Development Company; Mountain Ledge L.P.; Mountain Ledge L.L.C.;
Mountain Ledge Development Corp.; Michael Dennis; Howard F.
Jacobson; and Yates Scott Lansing, through the actions described
above, have:
(a) Discriminated in the rental of, or otherwise made
unavailable or denied, dwellings to renters because of
handicap, in violation of 42 U.S.C. § 3604(f)(1);
(b) 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 handicap, in violation of 42 U.S.C.
§ 3604(f)(2); and
(c) Failed to design or construct dwellings in
compliance with the accessibility and adaptability features
mandated by 42 U.S.C. § 3604(f)(3)(C).
49. The conduct of defendants Bruce Tanski; Bruce Tanski
Construction and Development Company; Mountain Ledge L.P.;
Mountain Ledge L.L.C.; Mountain Ledge Development Corp.; Michael
Dennis; Howard F. Jacobson; and Yates Scott Lansing described
above constitutes:
(a) A pattern or practice of resistance to the full
enjoyment of rights granted by the Fair Housing Act,
42 U.S.C. §§ 3601-3619; or
(b) 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.
50. In addition to Ms. Minet, there may be other victims of
the defendants' discriminatory actions and practices who are
aggrieved persons as defined in 42 U.S.C. § 3602(i). These
persons may have suffered actual injury and damages as a result
of the above actions and practices.
51. The discriminatory actions of the defendants named in
paragraph 49, above, were intentional, willful, and taken in
disregard for the rights of Ms. Minet and the other victims of
this discrimination.
COUNT III
52. Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-51, above.
53. Defendant Clifton Court Apartments L.L.C. does not rent
second-floor apartments at the complexes listed in paragraph 11,
above, to families with more than one child.
54. Defendant Bruce Tanski does not rent second-floor
apartments at the complexes listed in paragraph 11, above, to
families with more than one child.
55. Defendants Bruce Tanski and Clifton Court Apartments
L.L.C., through the actions described above, have:
(a) Discriminated in the rental of, or otherwise made
unavailable or denied, dwellings to renters because of
familial status, in violation of 42 U.S.C. § 3604(a); and
(b) Discriminated in the terms, conditions, or
privileges of the rental of a dwelling to renters because of
familial status, in violation of 42 U.S.C. § 3604(b).
56. The conduct of Bruce Tanski and Clifton Court
Apartments described above constitutes:
(a) A pattern or practice of resistance to the full
enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619; or
(b) 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.
57. The discriminatory actions of the defendants were intentional, willful, and taken in disregard for the rights
of the victims of this discrimination.
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, except Clifton Court Apartments
L.L.C., their officers, employees, agents, successors and all
other persons in active concert or participation with any of
them, from:
(a) Failing or refusing to bring the ground-floor
units and public and common use areas at the subject
complexes and others into compliance with 42 U.S.C.
§ 3604(f)(3)(C);
(b) 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;
(c) Designing or constructing 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
(d) Failing or refusing to make reasonable
accommodations as required by 42 U.S.C. § 3604(f)(3)(B);
3. Enjoins Defendants Bruce Tanski and Clifton Court
Apartments L.L.C. from continuing to discriminate on the basis of
familial status against any person in any aspect of the rental of
dwellings, pursuant to 42 U.S.C. § 3614(d)(1)(A);
4. Awards monetary damages, pursuant to 42 U.S.C.
§§ 3612(o)(3), 3613(c)(1), and 3614(d)(1)(B), to all persons
harmed by the defendants' discriminatory practices, including Ms.
Minet; and
5. Assesses a civil penalty against each defendant 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.
The United States requests a jury trial of all issues
triable thereby.
Dated: ____________, 2006
|
ALBERTO R. GONZALES
Attorney General
GLENN T. SUDDABY
United States Attorney
________________________
By: PAULA CONAN
Asst. U.S. Attorney
P.O. Box 7198
100 South Clinton Street
Syracuse, NY 13261
Tel.: (315) 448-0913 |
_______________________
WAN J. KIM
Assistant Attorney General
Civil Rights Division
________________________
STEVEN H. ROSENBAUM
Chief, Housing and
Civil Enforcement Section
_________________________
MICHAEL S. MAURER
Deputy Chief
SEAN R. KEVENEY
Trial Attorney
Civil Rights Division
United States Department of
Justice
Housing and Civil Enforcement
Section- G Street
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Tel.: (202) 514-4838
Document Filed: January 20, 2006
|
