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JAIME TRUJILLO, a minor,
by and through his parents and next friends,
Claudio and Luz Trujillo, CLAUDIO
TRUJILLO, and LUZ TRUJILLO,
Plaintiffs,
BOARD OF DIRECTORS OF
THE TRIUMVERA TOWER
CONDOMINIUM ASSOCIATION and
SARAH STOLLBERG, as President of the
Governing Board of the Triumvera
Tower Condominium Association,
Defendants, and
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,
v.
BOARD OF DIRECTORS OF
THE TRIUMVERA TOWER
CONDOMINIUM ASSOCIATION and
SARAH STOLLBERG, as President of the
Governing Board of the Triumvera
Tower Condominium Association,
Defendants. |
No. 04-1933
Judge Hibbler
Magistrate Judge Bobrick |
COMPLAINT IN INTERVENTION
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.
2. This court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1345 and
42 U.S.C. §§ 3613(e) and 3614(a).
3. Venue is proper in this District. Defendant Board of Directors of the Triumvera Tower
Condominium Association is the governing board of the Triumvera Tower Condominium
Association, an Illinois corporation with its principal place of business in the Northern District of
Illinois. Defendant Sarah Stollberg is a resident of the Northern District of Illinois. The claims
alleged in this action arose in the Northern District of Illinois.
4. Defendant Sarah Stollberg is and has been at all times relevant to this action the
President of the Board of Directors of the Triumvera Tower Condominium Association.
5. Triumvera Tower is a condominium building located at 3925 Triumvera Drive,
Glenview, Illinois, in the Northern District of Illinois.
6. Triumvera Tower is a "dwelling" within the meaning of 42 U.S.C. § 3602(b).
7. Jaime Trujillo is a minor tenant of Triumvera Tower. He has a physical impairment
that substantially limits him in the major life activity of walking, and as such is "handicapped"
within the meaning of 42 U.S.C. § 3602(h). Jaime Trujillo uses a wheelchair for mobility because
of his handicap. Jaime Trujillo resides at Triumvera Tower with his father, Claudio Trujillo, and
his mother, Luz Trujillo.
8. Defendants maintain and enforce a policy requiring persons in wheelchairs to use the
rear service entrance to the condominium, rather than the front entrance. Defendants have
expressed the policy both orally and in writing. This practice denies tenants with handicaps an
equal opportunity to use and enjoy the condominium building.
9. Defendants have enforced the policy against Jaime Trujillo. On at least three
occasions, defendants stated to the Trujillos or to Jaime Trujillo's nurse that Jaime was prohibited
from using the front entrance, and that instead he was required to use the rear door to exit and
enter. On March 4, defendants threatened to fine the Trujillos and to have the maintenance person
physically block the door if they attempted to bring Jaime's wheelchair through the front entrance.
The rear doorway is inconvenient and unsafe for Jaime Trujillo and inconvenient and burdensome
for his caretakers and family.
10. The conduct of defendants constitutes discrimination in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection
with such dwelling, because of a handicap, in violation of Section 804(f)(2) of the Fair Housing
Act, 42 U.S.C. § 3604(f)(2).
11. The conduct of the defendants constitutes:
- A pattern or practice of resistance to the full enjoyment of the rights granted
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 denial raises an issue of general public
importance.
12. Jaime Trujillo, Claudio Trujillo, and Luz Trujillo have been injured as a result of
defendants' discriminatory housing practices and are aggrieved persons as defined in 42 U.S.C. §
3602(i).
13. There may be additional persons who have been the victims of defendants'
discriminatory housing practices and who have suffered injuries as a result of defendants' conduct.
Such individuals are also aggrieved persons as defined in 42 U.S.C. § 3602(i).
14. Defendants' conduct was intentional, willful, and taken in disregard of the rights of
others.
WHEREFORE, the United States prays that the Court enter an ORDER that:
1. Declares that defendants' discriminatory practices violate the Fair Housing Act, as
amended, 42 U.S.C. §§ 3601 et seq.;
2. Pursuant to 42 U.S.C. § 3614(d)(1)(A), enjoins defendants, their agents, employees, and
successors, and all other persons in active concert or participation with them, from:
- Maintaining and enforcing their policy regarding wheelchairs;
- Discriminating on the basis of handicap against any person in any aspect of the
sale or use of a dwelling;
3. Awards monetary damages to each victim of defendants' discriminatory housing
practices, pursuant to 42 U.S.C. § 3614(d)(1)(B), including the members of the Trujillo family; and
4. Assesses a civil penalty against the defendants in order to vindicate the public interest,
pursuant to 42 U.S.C. § 3614(d)(1)(C).
The United States further prays for such additional relief as the interests of justice may
require.
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JOHN D. ASHCROFT
Attorney General |
PATRICK J. FITZGERALD
United States Attorney
JOAN LASER
Assistant U.S. Attorney
219 S. Dearborn St.
Suite 5000
Chicago, IL 60604
Tel: (312) 353-5300 |
_______________________
R. ALEXANDER ACOSTA
Assistant Attorney General
_______________________
STEVEN H. ROSENBAUM
Chief
TIMOTHY J. MORAN
Deputy Chief
RIGEL OLIVERI
Trial Attorney
New York State Bar No. 560115
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 |
Document Filed: May 19, 2004
