118.

Sample Complaint

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO. ELDON WEST and THEADORA WEST, Defendants. COMPLAINT The United States of America alleges: This action is brought by the United States of America on behalf of Kenneth D. Lute, pursuant to § 812(o) of the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o)(1). Kenneth A. Lute, the father of Kenneth D. Lute, has multiple sclerosis and is mobility impaired. Defendants, Eldon and Theadora West, are the owners of a three-unit apartment building ("subject property") located at 14072 Ravenna Avenue in Alliance, Ohio, within the Northern District of Ohio. The units at the subject property are dwellings within the meaning of 42 U.S.C. § 3602(b). On or about March 16, 1992, the United States Department of Housing and Urban Development (hereinafter referred to as "HUD") received a housing discrimination complaint from Kenneth D. Lute, pursuant to § 810(a) of the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). In his complaint to HUD, Mr. Lute alleged that he attempted to rent an apartment for himself and his father at the subject property and that the Defendants unlawfully discriminated against him on the basis of the handicap of his father. Pursuant to the requirements of 42 U.S.C. §§ 3610(a) and (b), the Secretary of HUD (hereinafter referred to as "Secretary") conducted an investigation of Mr. Lute's complaint, 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 the discriminatory housing practices alleged by Mr. Lute had occurred. On July 28, 1993, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), on behalf of Mr. Lute charging that Defendants Eldon and Theadora West engaged in discriminatory housing practices in violation of § 804 of the Fair Housing Act, as amended, 42 U.S.C. § 3604. On August 19, 1993, Defendants elected to have the charge resolved in a federal civil action pursuant to 42 U.S.C. § 3612(a). By letter dated August 20, 1993, the Secretary, through HUD's Regional Counsel, authorized the Attorney General to file this action on behalf of Mr. Lute, pursuant to 42 U.S.C. § 3612(o)(1). In February of 1992, Mr. Lute attempted to rent a two-bedroom apartment at the subject property from Defendants for himself, his fiance, and his father. Defendants refused to rent the apartment to Mr. Lute because of the handicap of his father. In addition, Defendants made statements to Mr. Lute and others indicating a preference, limitation, and discrimination on the basis of handicap. The actions of Defendants set forth in paragraph 13 constitute a violation of §§ 804(c) and (f)(1) of the Fair Housing Act, as amended, 42 U.S.C. § 3604(c) and (f)(1). Mr. Lute has suffered damages as a result of Defendants' discriminatory conduct as described herein. The discriminatory actions of Defendants were intentional, willful, and taken in disregard for the rights of Mr. Lute. WHEREFORE, the United States of America prays that this Court enter an ORDER that: Declares that the discriminatory housing practices of Defendants, as set forth above, violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.; Enjoins Defendants, their agents, employees, and successors, and all other persons in active concert or participation with any of them, from: Discriminating on account of handicap against any person in any aspect of the lease or rental of a dwelling; and Failing or refusing to notify the public that all dwellings made available for rental by Defendants are available to persons on an equal opportunity basis; Awards such damages as will fully compensate Mr. Lute for the damages that he suffered as a result of Defendants' discriminatory conduct, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c); and Awards punitive damages to Mr. Lute, pursuant to 42 U.S.C. §§ 3614(d)(1)(B) and 3613(c). The United States further prays for such additional relief as the interests of justice may require. JANET RENO Attorney General _______________________ EMILY M. SWEENEY United States Attorney JAMES P. TURNER Acting Assistant Attorney General By:_______________________ MARCIA W. JOHNSON [#0025436] Trial Attorney Assistant United States Attorney Suite 500 1404 East Ninth Street Cleveland, Ohio 44114 (216) 363-3900 ____________________ PAUL F. HANCOCK Chief, Housing and Civil Enforcement Section ___________________ BRIAN F. HEFFERNAN CHERYL L. ZIEGLER [#0037638] Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O. Box 65998 Washington, D.C. 20035 (202) 514-8033 [cited in Civil Rights Resource Manual 60]