105.

Sample Fair Housing Complaint

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff, Civil Action No. 94-CV-1219 v. MELODY LAKES COUNTRY CLUB Amended Complaint ESTATES; and DELORES ISENHART, Defendant. The United States of America alleges: This action is brought by the United States, on behalf of Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown, and their children, to enforce the provisions of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o). Tim and Amy Townsend, and Robert and Deborah Brown, along with their minor children, reside at Melody Lakes, 1045 N.W. End Boulevard, Quakertown, Pennsylvania, in the Eastern District of Pennsylvania. Thomas Mulligan also resides at Melody Lakes, 1845 N.W. End Boulevard, Quakertown, Pennsylvania, in the Eastern District of Pennsylvania. Susan Kalman and her children presently reside at 789 DeLong Road, Albertis, Pennsylvania, in the Eastern District of Pennsylvania. Defendant Melody Lakes Country Club Estates ("Melody Lakes") is a limited partnership doing business in Pennsylvania. It owns and operates Melody Lakes, a mobile home park at 1045 N.W. End Boulevard, Quakertown, Pennsylvania, in the Eastern District of Pennsylvania. Defendant Delores Isenhart is the manager of Melody Lakes, and acted in that capacity during such time as the alleged discriminatory practices occurred. Melody Lakes contains mobile home spaces which are rented to the public. As such, it contains dwellings within the meaning of 42 U.S.C. § 3602(b). Count I On or about July 17, 1992, complainants Thomas Mulligan and Susan Kalman filed a timely complaint with the United States Department of Housing and Urban Development (hereinafter "HUD"), pursuant to Section 810(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). In their complaint, they alleged that the Defendants had discriminated against them on the basis of familial status in violation of the Fair Housing Act. On or about July 17, 1992, complainants Tim and Amy Townsend filed a timely complaint with HUD pursuant to Section 810(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). In their complaint, they alleged that the Defendants had discriminated against them on the basis of familial status in violation of the Fair Housing Act. On or about July 17, 1992, complainants Robert and Deborah Brown filed a timely complaint with HUD pursuant to Section 810(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). In their complaint, they alleged that the Defendants had discriminated against them on the basis of familial status in violation of the Fair Housing Act. Pursuant to the requirements of 42 U.S.C. §§ 3610(a) and (b), the Secretary of HUD (hereinafter "Secretary") conducted and completed a consolidated investigation of the three complaints, 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 discriminatory housing practices had occurred. Accordingly, on December 15, 1993, the Secretary, pursuant to 42 U.S.C. § 3610(g)(2)(A), issued a Charge of Discrimination charging the defendants with engaging in discriminatory housing practices, in violation of the Fair Housing Act. On or about December 22, 1993, Defendants, through counsel, elected to have the charge resolved in a federal civil action pursuant to 42 U.S.C. § 3612(a). Following this election, the Secretary has authorized the Attorney General to commence a civil action on behalf of Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown, and their minor children, pursuant to 42 U.S.C. § 3612(o). In order to pursue settlement of this action, the parties agreed to extend the time for filing of this action up to and including February 22, 1994. In operating Melody Lakes, Defendants have enacted, implemented and enforced policies, rules and regulations with respect to the park, with the intent to discourage families with children from residing in the park, which discriminate against families with children in the park and/or which discriminate against families with children in the terms, conditions and privileges of use of the park. Among these policies is a surcharge of $75 which is levied on each occupant of a rental unit over two persons. Each of the families, on whose behalf this case is brought, has been required to pay additional rent for their children as a result of this policy. Defendants, through their actions described in paragraph 11, have: Discriminated in the terms, conditions, or privileges of rental because of familial status, in violation of Section 804(b) of the Fair Housing Act, as amended 42 U.S.C. § 3604(b). Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown and their minor children have suffered damages as a result of Defendants' discriminatory conduct. The discriminatory actions of Defendants were intentional, willful and taken in disregard for the rights of Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown, and their minor children. Count II Plaintiff realleges and herein incorporates by reference the allegations set forth in paragraphs 1 through 19. Since at least September 1, 1990, and continuing to the present, Defendants Melody Lakes and Delores Isenhart have implemented, maintained, and executed a policy requiring that residents at Melody Lakes pay $75 for each person beyond two living on a Melody Lakes lot, as described in paragraph 16. The policies described in paragraph 16 are unreasonable, have a disparate impact upon families with children, and operate to exclude families with children from residing at Melody Lakes. In taking the actions described in paragraphs 20 through 22, Defendants Melody Lakes and Delores Isenhart have engaged in a pattern or practice of discrimination in the terms, conditions or privileges of rental on the basis of familial status in violation of Section 804(b) of the Fair Housing Act. 42 U.S.C. § 3604(b). The conduct of Defendants Melody Lakes and Delores Isenhart, as described above constitutes: a pattern or practice of resistance to the full enjoyment of rights secured by the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.; and a denial to a group of persons of rights granted by the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq., which denial raises an issue of general public importance. Persons who have been victims of the discriminatory practices of defendants Melody Lakes and Delores Isenhart, including Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown, and their children, 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 the conduct of Defendants Melody Lakes and Delores Isenhart as described herein. The conduct of Defendants Melody Lakes and Delores Isenhart was intentional, willful, and taken in disregard of the rights of others. WHEREFORE, the United States prays that the Court enter an Order that: Declares that the discriminatory practices of Defendants, as set forth above, violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3619; Enjoins Defendants, their agents, employees, and successors, and all other persons in active concert or participation with any of them, from discriminating on the basis of familial status against any person in any aspect of the rental of a dwelling; Awards such damages as would fully compensate each person aggrieved by defendants' discriminatory housing practices, including Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown, and their minor children for the injuries caused by Defendants' discriminatory actions, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c); Awards punitive damages to all persons aggrieved by defendants' discriminatory housing practices, including Thomas Mulligan and Susan Kalman, Tim and Amy Townsend, and Robert and Deborah Brown, and their minor children pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c); and Assesses a civil penalty against Defendants Melody Lakes and Delores Isenhart in an amount of money 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 require. JANET RENO Attorney General _______________________ MICHAEL R. STILES United States Attorney Eastern District of Pennsylvania 615 Chestnut Street Suite 1250 Philadelphia, PA. 19106 ___________________________ DEVAL L. PATRICK Assistant Attorney General ___________________________ PAUL F. HANCOCK Chief, Housing and Civil Enforcement Section __________________________ ISABELLE M. THABAULT PATRICK J. MARKEY Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 (202) 514-6140 [cited in Civil Rights Resource Manual 60]