Housing And Civil Enforcement Cases Documents

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.CIVIL ACTION NO.

JAMES G. MITCHELL,

Defendant.

COMPLAINT AND REQUEST FOR JURY TRIAL

The United States of America alleges:

1.This action is brought by the United States to enforce the provisions of Title VIII

of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 to 3619.

2.This court has jurisdiction over this action under 28 U.S.C. § 1331, 28 U.S.C.

§ 1345 and 42 U.S.C. § 3614(a).

3.Defendant James G. Mitchell ("James Mitchell") is a resident of Cincinnati,

Ohio.

4.During part or all of the period of time relevant to this action, Defendant

James Mitchell has owned and/or managed numerous residential rental properties in the Cincinnati, Ohio area, including, but not limited to, the 53 properties listed in Attachment A. ("the subject properties"). Some of these properties contain more than one rental unit.

5. Venue is proper under 28 U.S.C. § 1391(b) because the actions giving rise to the

United States' allegations occurred in the Southern District of Ohio, the subject properties are located in the Southern District of Ohio, and Defendant James Mitchell resides and/or does business in the Southern District of Ohio.

6. The rental units at the subject properties are dwellings within the meaning of

42 U.S.C. § 3602(b).8. Defendant James Mitchell has violated the Fair Housing Act, 42 U.S.C. §§ 3601,

et seq., by discriminating against persons on the basis of sex in connection with the rental of the subject properties.

9. From at least 1998 through the present, Defendant James Mitchell has been

subjecting actual and prospective female tenants of the subject properties to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment. Such conduct has included, but is not limited to, unwanted verbal sexual advances; unwanted sexual touching; entering the apartment of female tenants without permission or notice; granting and denying tangible housing benefits based on sex; and taking adverse action against female tenants when they refused or objected to his sexual advances.

10. The conduct of Defendant James Mitchell described above constitutes:

a.A denial of housing or making housing unavailable because of sex, in violation of Section 804(a) of the Fair Housing Act, 42 U.S.C. §3604(a);

b.Discrimination in the terms, conditions, or privileges of the rental of dwellings, or in the provision of services or facilities in connection therewith, because of sex, in violation of Section 804(b) of the Fair Housing Act, 42 U.S.C. § 3604(b);

c.The making of statements with respect to the rental of dwellings that indicate a preference, limitation, or discrimination based on sex, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c); and

d.Coercion, intimidation, threats, or interference with persons in the exercise or enjoyment of, or on account of their having exercised or enjoyed, their rights under Section 804 of the Fair Housing Act, in violation of Section 818 of the Fair Housing Act, 42 U.S.C. § 3617.

11. The conduct of Defendant James Mitchell described above constitutes:

a.A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.; and

b.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. Female tenants, prospective tenants, and persons associated with them have been

injured by Defendant James Mitchell's discriminatory conduct. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of Defendant James Mitchell's conduct.

13. Defendant James Mitchell's conduct was malicious, intentional, willful, and/or

taken in reckless disregard for the rights of others.

WHEREFORE, the United States prays that the Court enter an ORDER that:

1.Declares that Defendant James Mitchell's discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.;

2.Enjoins Defendant James Mitchell, his agents, employees, and successors, and all other persons in active concert or participation with him from:

a.Discriminating on account of sex against any person in any aspect of the rental of a dwelling;

b.Interfering with or threatening to take any action against any person in the exercise or enjoyment of rights granted or protected by the Fair Housing Act, as amended; and

c.Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of Defendant James Mitchell's past unlawful practices to the position they would have been in but for the discriminatory conduct;

3.Awards monetary damages to each identifiable victim of Defendant James Mitchell's discriminatory housing practices for injuries caused by Defendant James Mitchell's discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and

4.Assesses civil penalties against Defendant James Mitchell 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.

Dated:_________________________ & Respectfully submitted,

ALBERTO R. GONZALES
Attorney General

GREGORY G. LOCKHART
United States Attorney

_________________________
GERALD KAMINSKI
Assistant United States Attorney
221 E. 4th Street, Suite 400
Cincinnati, OH 45202
Tel.: (513) 684-3711
Fax: (513)684-6710

_______________________
WAN J. KIM
Assistant Attorney General
Civil Rights Division

_________________________
STEVEN H. ROSENBAUM
Chief
TIMOTHY J. MORAN
Deputy Chief
ERIN MEEHAN RICHMOND
Trial Attorney
Housing and
Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue,
N.W.- G St.
Washington, DC 20530
Tel.: (202) 307-0385
Fax: (202) 514-1116

Attachment A

1.3641 West Eighth Street, Cincinnati,Ohio 45205

2.3507 Boudinot Avenue, Cincinnati, Ohio 45251

3.781 Clanora Drive, Cincinnati, Ohio 45205

4.785 Clanora Drive, Cincinnati, Ohio 45205

5.2333-2335 West Clifton Avenue, Cincinnati, Ohio 45219

6.1660 Crest Hill Avenue, Cincinnati, Ohio45237

7.1668 Crest Hill Avenue, Cincinnati, Ohio 45237

8.2358 Harrison Avenue, Unit #31, Cincinnati, Ohio 45240

9.2894 Harrison Avenue, Cincinnati, Ohio 45211

10.2896 Harrison Avenue, Cincinnati, Ohio 45211

11.2898 Harrison Avenue, Cincinnati, Ohio 45211