Housing And Civil Enforcement Cases Documents

UNITED STATES OF  AMERICA,    )
                                                            )
                                     Plaintiff,      &nbsp    )
                                                            )
                      v.                                   )          CIVIL ACTION NO.
                                                            )
BOBBY VEAL & JEWEL VEAL        )
                                                            )
                                      Defendants.    )
______________________________)

COMPLAINT
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, et seq.
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. Venue is proper under 28 U.S.C. § 1391(b) because the actions giving rise to the United States's allegations occurred in the Western District of Missouri, the subject properties are located in the Western District of Missouri, and both Defendants reside in and do business in the Western District of Missouri.
4. Defendant Bobby Veal is a resident of Kansas City, Missouri, in the Western District of Missouri. At all times relevant to this action, Defendant Bobby Veal has been the co-owner and operator of numerous single family rental homes in Kansas City, Missouri, including, but not limited to, houses located at 5704 Virginia Avenue, 5419 Michigan Avenue, 4023 Highland Avenue, 4520 Virginia Avenue, and 5043 Woodland Avenue ("the subject properties").
5. Defendant Jewel Veal is a resident of Kansas City, Missouri, in the Western District of Missouri. At all times relevant to this action, Defendant Jewel Veal has been the co-owner and operator of the subject properties.
6. The subject properties owned and operated by Defendants Bobby and Jewel Veal are dwellings within the meaning of 42 U.S.C. § 3602(b).
7. Defendants have 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.
8. From at least 1992 through the present, Defendant Bobby Veal has subjected 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; and threatening and taking steps to evict female tenants when they refused or objected to his sexual advances.
9. Defendant Jewel Veal is liable for the discriminatory conduct of her co-owner and operator, Bobby Veal, described above. In addition, Defendant Jewel Veal knew or should have known of the discriminatory conduct of Bobby Veal, yet failed to take reasonable preventive or corrective measures.
10. The conduct of Defendants described above constitutes:
    1. 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);
    2. 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);
    3. 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
    4. 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 Defendants described above constitutes:
    1. 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
    2. 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 Defendants' discriminatory conduct. Such persons are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have suffered damages as a result of Defendants' conduct.
13. Defendants' conduct was intentional, willful, and taken in disregard for the rights of others. WHEREFORE, the United States prays that the Court enter an ORDER that:
    1. Declares that Defendants' discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.;
    2. Enjoins Defendants, their agents, employees, and successors, and all other persons in active concert or participation with them from:
       1. Discriminating on account of sex against any person in any aspect of the rental of a dwelling;
       2. 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
       3. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of Defendants' past unlawful practices to the position they would have been in but for the discriminatory conduct;
    3. Awards such damages as would fully compensate each identifiable victim of Defendants' discriminatory housing practices for injuries caused by the Defendants' discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);
    4. Awards punitive damages to each identifiable victim of Defendants' discriminatory housing practices, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
    5. Assesses a civil penalty against Defendants 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.

       	JOHN D. ASHCROFT Attorney General
       TODD P. GRAVES United States Attorney	RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division
       CHARLES M. THOMAS, MO #28522 Assistant United States Attorney 400 E. 9th Street, 5th Floor Kansas City, Missouri 64106 Tel.:(816)426-3130 Fax:(816)426-3165	JOAN A. MAGAGNA Chief Housing and Civil Enforcement Section
       	TIMOTHY J. MORAN REBECCA A. BOND Attorneys Housing and Civil Enforcement Section (NWB) Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue N.W. Washington, D.C. 20530 Tel.:(202) 305-2952 Fax: (202) 514-1116

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       Document Filed July 30, 2002 > >