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Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

                                      Plaintiff,

                                  and

LEADERSHIP COUNCIL FOR
METROPOLITAN OPEN COMMUNITIES,                          No.

                                       Plaintiff/Intervenor                               Judge

                                 v.                                                             Magistrate Judge

RUDOLF BOLESLAV, ANGELA
BOLESLAV and ROSE RABAS,

                                       Defendants.
                                                                         

COMPLAINT

The United States of America, by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, for its complaint against defendants under Title VIII of the Civil Rights Act (the Fair Housing Act), 42 U.S.C. §§ 3601 et seq., states as follows:

Jurisdiction and Venue
  1. This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. § 3612(o).
  2. Venue is proper in the Northern District of Illinois pursuant to 28 U.S.C. § 1391(b).
    Parties
  3. This action is brought by the United States on behalf of Leadership Council for Metropolitan Open Communities (" Leadership Council "). The Leadership Council is a non-profit organization dedicated to promoting equal opportunity in housing, whose mission includes eradication of discrimination in housing based on race and/or color and familial status.
  4. Defendants Rudolf Boleslav, Angela Boleslav and Rose Rabas are domiciliaries of the State of Illinois and the owners of a six-unit apartment building located at 8739 West Cermak Road, North Riverside, Illinois (" the subject building"), which they rent to the public.
  5. Defendants Rudolf Boleslav and Angela Boleslav, husband and wife, reside at 8735 West Cermak Road, North Riverside, Illinois.
  6. Defendant Rose Rabas resides at 124 Sunset Ridge, Willowbrook, Illinois.
    Housing Discrimination
  7. On or about June 25, 1998, an African-American female from the Leadership Council ("Tester #1") telephoned defendants regarding a two-bedroom apartment in the subject building advertised for rent in a local newspaper ("the subject apartment").
  8. Tester #1 was told by defendant Rudy Boleslav that the building was a six flat for older persons and that most of the tenants were senior citizens. Tester #1 stated she was 42 and had two children. Mr. Boleslav replied that they were looking for someone quiet and compatible and children are not compatible. Mr. Boleslav told Tester #1 to call back the next week.
  9. On or about June 25, 1998, a Caucasian male from the Leadership Council ("Tester #2") telephoned defendants regarding the subject apartment.
  10. Tester #2 was told by was told by defendant Angela Boleslav that everyone in the building was 75 years old and older and that it is a very quiet building. Tester #2 stated that the apartment would be for himself and his 12 year old son. Ms. Boleslav told Tester #2 to call back the next week.
  11. On or about June 25, 1998, a Caucasian female from the Leadership Council ("Tester #3") telephoned defendants regarding an apartment for her mother.
  12. She was told by defendants that the subject building was occupied by seniors. She was given an appointment to see the subject apartment on June 29, 1998.
  13. On or about June 29, Tester #3 went to view the subject apartment.
  14. She was told by defendant Rudy Boleslav that her mother would like the quiet building and the woman next door charges $150 more than defendants. Mr. Boleslav also said that he screens everyone, that the " natives " were calling him, and that the " natives " got 1, 2, 3, 5 kids and they're not married, now why would I want them here, or similar words to that effect. Mr. Boleslav further stated that he didn't want any children making noise in the building, and that these people start yelling discrimination, or similar words to that effect.
  15. On or about July 6, 1998, Tester #3 returned to the subject building for a second visit with her " mother." She did not have any trouble setting up the second viewing. Defendant Rudy Boleslav told the " mother " of Tester #3 during their visit that she could not find a better deal anywhere.
  16. On or about June 25, 1998, an African-American female from the Leadership Council (" Tester #4 ") telephoned defendants regarding an apartment in the subject building. When Tester #4 stated she was 70, she was told that she would fit in with the other tenants. She was given an appointment to see the subject apartment on June 29, 1998.
  17. On or about June 29, Tester #4 went to view the subject apartment. Tester #4 asked to fill out an application. Defendant Rudy Boleslav told Tester #4 that the application had to be completed there and suggested that Tester #4 take a few days to figure out if she wanted the apartment and come back to fill out the form, or similar words to that effect.
  18. On or about July 8, 1998, Tester #4 returned to the subject building for a second visit. She had difficultly setting up the second viewing. When she left messages on defendants' answering machine, defendants did not call back. When she was finally able to reach defendants, her second appointment was scheduled for July 8. Although Tester #3 contacted defendants regarding a second viewing after Tester #2 did, Tester #3 was scheduled for an earlier second appointment on July 6.
  19. When Tester #4 arrived on July 8, 1998, Mr. Boleslav was not there and Ms. Boleslav gave the impression that she could not show the subject apartment. Ms. Boleslav only agreed to show the apartment after Tester #4 stated that she had traveled a long way. Ms. Boleslav told Tester #4 that the subject apartment had been flooded in the past, did not have storage, and did not have laundry.
  20. Defendants have not rented a unit to a family with children in over ten years.
  21. Defendants have never rented a unit to an African-American tenant.
  22. By the foregoing conduct, defendants engaged in housing discrimination based on race and/or color and familial status in violation of 42 U.S.C. §§ 3604(a), (b), and (c).
  23. Because of defendants' discriminatory conduct, the Leadership Council suffered a frustration of its mission and had to divert its time and funds toward the testing and investigation of this complaint.
  24. The discriminatory actions of defendants were intentional, willful, and taken in disregard for the rights of the Leadership Council.
HUD Proceedings
  1. On or about September 2, 1998, and as amended on November 21, 2000, and June 12, 2001, the Leadership Council filed a timely complaint with the United States Department of Housing and Urban Development ("HUD"). The complaint alleged discrimination in housing on the basis of race and/or color and familial status.
  2. As required by the Fair Housing Act, the Secretary of HUD (" the Secretary ") conducted an investigation of the complaints, attempted conciliation without success, and prepared a final investigative report. Based on the information gathered in this investigation, the Secretary determined that reasonable cause existed to believe that discriminatory housing practices had occurred. Therefore, on August 31, 2001, the Secretary issued a Charge of Discrimination charging defendants with engaging in discriminatory practices in violation of the Fair Housing Act.
  3. On September 4, 2002, the Leadership Council elected to have the charges resolved in a federal civil action pursuant to 42 U.S.C. § 3612(a).
Prayer for Relief

WHEREFORE, the United States prays that the court enter an order that:

  1. Declares that the defendants' discriminatory housing practices violate the Fair Housing Act;
  2. Enjoins the defendants, their officers, agents, employees, and successors, and all other persons in active concert or participation with any of them, from discriminating against the Leadership Council or violating the Fair Housing Act;
  3. Awards such damages as will fully compensate the Leadership Council for all injury occasioned by defendants' denial of equal housing opportunity, pursuant to 42 U.S.C. §§ 3612(o)(3)and 3613(c);
  4. Awards punitive damages because of the intentional and willful nature of the defendants' conduct, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c).
  5. Provides for such additional relief as the interests of justice may require.

Respectfully submitted,

PATRICK J. FITZGERALD
United States Attorney

By:

SAMUEL S. MILLER
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
(312) 886-9083

Document Filed: October 4, 2001 > >

Updated August 6, 2015