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Sample Complaint—Fair Housing—Racial Discrimination and Sexual Harassment

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO. MARTIN PEER, LINNEA SWAHN-PACKARD, and RUTLAND HOUSING AUTHORITY, Defendants. COMPLAINT The United States of America alleges as follows: JURISDICTION This action is brought, pursuant to Section 812(o) of the Fair Housing Act, as amended, 42 U.S.C. § 3612(o), by the United States on behalf of Elizabeth Bates, Karen Noddin and Bernadette Allor. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o). COMPLAINANTS AND DEFENDANTS Elizabeth Bates is an African-American woman who has resided with her seventeen year-old son, Lawrence, in unit C-4 at the Forest Park Housing Development in Rutland, Vermont, from August, 1991, through the present. Unit C-4 is a dwelling within the meaning of Section 802(b) of the Fair Housing Act, 42 U.S.C. § 3602(b). Karen Noddin is a white woman who has resided with her husband and children in unit D-3 at the Forest Park Housing Development in Rutland, Vermont, from April, 1992, through the present. Unit D-3 is a dwelling within the meaning of Section 802(b) of the Fair Housing Act, 42 U.S.C. § 3602(b). Bernadette Allor is a white woman who resided with her children in unit D-4 at the Forest Park Housing Development in Rutland, Vermont from August, 1989, until February, 1993. Unit D-4 is a dwelling within the meaning of Section 802(b) of the Fair Housing Act, 42 U.S.C. § 3602(b). Defendant Martin Peer is a white male who resided in unit D-2 at the Forest Park Housing Development in Rutland, Vermont from November, 1985, until April, 1992. The Forest Park Housing Development is a public housing development in Rutland, Vermont, consisting of approximately one hundred apartments. Defendant Rutland Housing Authority ("RHA") is a local public housing authority organized under the laws of Vermont, serving the housing needs of low income, elderly and disabled people in the City of Rutland, Vermont. Defendant RHA operates the Forest Park Housing Development. Defendant Linnea Swahn-Packard is the executive director of the RHA and is responsible for the day-to-day management of the RHA's housing programs. Defendant Swahn-Packard has been the Executive Director of the RHA from April, 1992 through the present, and was the Interim Executive Director for approximately six months prior to that. On or about August 31, 1992, complainants Elizabeth Bates and Karen Noddin 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). On or about September 10, 1992, complainant Bernadette Allor filed a timely complaint with HUD pursuant to Section 810(a) of the Fair Housing Act, 42 U.S.C. § 3610(a). In her complaint, Ms. Bates alleged that the Defendants had discriminated against her on the basis of race and sex in violation of the Fair Housing Act. In their complaints, Ms. Noddin and Ms. Allor alleged that the Defendants had discriminated against them on the basis of sex in violation of the Fair Housing Act. Based on the information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause exists to believe that discriminatory housing practices have occurred. Therefore, on September 16, 1994, the Secretary issued a Charge of Discrimination pursuant to 42 U.S.C. § 3610(g)(2)(A), charging Defendants Swahn-Packard and the RHA with engaging in discriminatory housing practices against Ms. Bates in violation of the Fair Housing Act, and charging Defendant Peer with engaging in discriminatory housing practices against all three complainants in violation of the Fair Housing Act. On or about September 28, 1994, Ms. Bates, through counsel, elected to have the charge resolved in a federal civil action pursuant to 42 U.S.C. § 3612(a). The Secretary has authorized the Attorney General to commence a civil action on behalf of Elizabeth Bates, Karen Noddin and Bernadette Allor pursuant to 42 U.S.C. § 3612(o). ALLEGATIONS RELATING TO ELIZABETH BATES Commencing in March, 1992, and continuing until he moved out of Forest Park in March, 1993, Defendant Peer engaged in a campaign of racial and sexual harassment and intimidation directed at complainant Elizabeth Bates and her son. Defendant Peer's campaign of harassment and intimidation included repeatedly directing racial and sexual slurs and threats of physical violence toward Elizabeth Bates and her son. Commencing on or about March 24, 1992, Ms. Bates regularly reported to Defendant RHA's Resident Coordinator incidents of harassment involving Defendant Peer. Ms. Bates requested that the RHA take some action to alleviate the hostile environment created by Peer's conduct. At the time of Ms. Bates' complaints of racial and sexual harassment against Defendant Peer, Defendants RHA and Swahn-Packard were aware that Defendant Peer had a history of harassing his neighbors and the RHA staff. Moreover, Defendants RHA and Swahn-Packard were aware the Defendant Peer had engaged in a pattern of sexual harassment against at least one other resident in the past. Defendants Swahn-Packard and the RHA took no timely action in response to Ms. Bates' complaints. As a result of Defendants Swahn-Packard's and the RHA's failure to take timely action in response to Ms. Bates' complaints, Defendant Peer continued to harass and intimidate Ms. Bates and her family until March, 1993. Because Defendant Peer racially and sexually harassed Ms. Bates, and because Defendants RHA and Swahn-Packard failed to take timely action in response to Ms. Bates' complaints, Ms. Bates was forced to live in a racially and sexually hostile housing environment and was denied the right to peaceful enjoyment of her home. ALLEGATIONS RELATED TO KAREN NODDIN AND BERNADETTE ALLOR From August, 1992, until March, 1993, Defendant Peer engaged in a campaign of sexual harassment and intimidation against Ms. Noddin and her family and against Ms. Allor and her family. Because of Defendant Peer's threatening and harassing conduct toward Ms. Noddin and her family, and Ms. Allor and her family, Ms. Noddin and Ms. Allor were forced to live in a sexually hostile housing environment and were denied the right to peaceful enjoyment of their respective homes. As a result of Defendant Peer's harassing conduct, Ms. Allor was forced to move out of the Forest Park development in February, 1993. FIRST CLAIM FOR RELIEF By each of his actions described above, Defendant Peer committed unlawful housing practices in violation of Section 818 of the Fair Housing Act, 42 U.S.C. § 3617, by coercing, intimidating, threatening and/or interfering with Ms. Bates', Ms. Noddin's and Ms. Allor's respective exercise and enjoyment of rights granted and protected by the Fair Housing Act. SECOND CLAIM FOR RELIEF By each of their actions described above, Defendants RHA and Swahn-Packard committed unlawful housing practices in violation of Section 804(b) of the Fair Housing Act, 42 U.S.C. § 3604(b), by discriminating against Ms. Bates because of her sex and because of her race in the terms, conditions and/or privileges of her rental of a dwelling and by denying her the opportunity to live in a housing environment free from racial and sexual intimidation and harassment. DAMAGES Ms. Bates, Ms. Noddin and Ms. Allor have suffered substantial damages as a result of Defendant Peer's actions. The discriminatory actions of Defendant Peer were intentional, willful and taken in disregard of the rights of Ms. Bates, Ms. Noddin and Ms. Allor. Ms. Bates suffered substantial damages as a result of the actions of Defendants RHA and Swahn-Packard. The discriminatory actions of Defendants RHA and Swahn-Packard were intentional, willful and taken in disregard of the rights of Ms. Bates. WHEREFORE, the United States prays that the 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. §§ 3601-3619; 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 race or sex against any person in any aspect of the lease or rental of a dwelling; Awards such damages as will fully compensate Ms. Bates, Ms. Noddin and Ms. Allor for their injuries occasioned by Defendants' denial of equal housing opportunity, pursuant to Sections 812(o)(3) and 813(c) of the Fair Housing Act, 42 U.S.C. §§ 3612(o)(3), 3613(c); and Awards punitive damages to Ms. Bates, Ms. Noddin and Ms. Allor, pursuant to Sections 812(o)(3) and 813(c) of the Fair Housing Act, 42 U.S.C. §§ 3612(o)(3), 3613(c). The United States further prays for such additional relief as the interests of justice may require. Janet Reno Attorney General _____________________ Deval L. Patrick Assistant Attorney General Civil Rights Division _____________________ Paul F. Hancock Chief, Housing and Civil Enforcement Section ____________________ Charles R. Tetzlaff United States Attorney By Melissa A. D. Ranaldo Assistant United States Attorney 11 Elmwood Ave. Burlington, VT 05401 (802) 951-6725 _____________________ Brian F. Heffernan Gavin C. Dowell Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 (202) 307-3803 [cited in Civil Rights Resource Manual 60]