U.S. Department
of Justice
Housing And Civil Enforcement Cases Documents
R. Alexander Acosta
Assistant Attorney General
Steven H. Rosenbaum
Jeanine M. Worden
S.E. Pietrafesa
Attorneys
United States Department of
Justice
Civil Rights Division
Housing and Civil Enforcement
Section - G St.
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
202-616-2217
Daniel G. Bogden
United States Attorney
Blaine T. Welsh
Assistant U.S. Attorney
333 Las Vegas Boulevard South
Suite 5000
Las Vegas, NV 89101
702-388-6336
Attorneys for Plaintiff
UNITED STATES OF AMERICA,
Plaintiff,
Civil Action No. CV-S-04-0031-RCJ-PALv.
TORINO CONSTRUCTION, INC.; SEDONA
CORP.; PARADISE VILLAGE F&B;
CANYON WILLOW II, LLC; and
CANYON WILLOW HOME OWNERS
ASSOCIATION, INC. COMPLAINT
Defendants.
____________________________________
The United States of America alleges:
1. This action is brought by the United States to enforce the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Fair Housing Act), 42 U.S.C. §§ 3601-3619.
2. This Court has jurisdiction over this action under 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
3. Canyon Willow Condominiums is a residential dwelling complex located at 5205 Caspian Springs Drive in Las Vegas, Nevada. Canyon Willow is comprised of 90 buildings containing 720 units, including 360 ground-floor units.
4. Canyon Willow's 720 units are "dwellings" within the meaning of 42 U.S.C. § 3602(b).
5. All 720 units in the buildings at Canyon Willow were designed and constructed for first occupancy after March 13, 1991. These buildings are "covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604 (f)(7)(A).
6. The 360 ground-floor units in the buildings at Canyon Willow, as well as its public and common use areas, are subject to the accessibility requirements of 42 U.S.C. § 3604(f)(3)(C).
Parties7. Defendant Torino Construction Corporation (Torino) was general contractor of Canyon Willow Condominiums. Torino is incorporated and has its principal place of business in Nevada. Torino was general contractor for phases 1-11 and 15-17.
8. Defendant Sedona Corporation, a Nevada Corporation, constructed phases 12-14 of Canyon Willow Condominiums.
9. Defendant Paradise Village F&B, a Nevada Limited Partnership, developed phases 1-11 of Canyon Willow Condominiums.
10. Defendant Canyon Willow II, LLC, a Nevada Limited Liability Company, developed phases 12-17 of Canyon Willow Condominiums.
11. Defendant Canyon Willow Homeowners Association, Inc. represents the homeowners at Canyon Willow Condominiums. It is a non-profit corporation and has its principal place of business in Nevada. The Canyon Willow Homeowners Association has been included as a defendant in this action solely because it is a necessary party for relief.
Fair Housing Act Pattern or Practice Claim12. Defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, violated 42 U.S.C. § 3604(f)(3)(C) by failing to design and construct Canyon Willow Condominiums in such a manner that: (a) there are accessible building entrances on accessible routes; (b) the public use and common use portions of such dwellings are readily accessible to, and usable by, individuals with disabilities; (c) all doors are accessible by individuals with disabilities; (d) the environmental controls are at an accessible height; (e) there are reinforced walls for the later installation of grab bars; and (f) there are usable and barrier-free kitchens and bathrooms.
13. Defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, through actions referred to in paragraph 13 above, have:
- Discriminated in the sale, or otherwise made unavailable or denied, dwellings to persons with disabilities because of handicap, in violation of 42 U.S.C. §3604(f)(1);
- Discriminated against persons in the terms, conditions or privileges of rental of a dwelling, or in the provision of services or facilities in connection with a dwelling, because of handicap, in violation of 42 U.S.C. §3604(f)(2); and
- Failed to design and construct dwellings in compliance with the accessibility and adaptability features mandated by 42 U.S.C. §3604(f)(3)(C).
14. The conduct of defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, described above, constitutes:
- A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C.§§ 3601-3619; and
- A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619, which denial raises an issue of general public importance.
15. Upon information and belief, there are persons who have been the victims of discriminatory housing practices by defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, who are aggrieved persons as defined in 42 U.S.C. §§ 3602(i). Such persons have suffered actual injury and damages as a result of defendants' conduct described above.
16. The conduct by defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, described above, 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 the policies and practices of defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, as alleged herein, violate the Fair Housing Act; and
2. Enjoins defendants Torino Construction, Sedona Corporation, Paradise Village F&B, and Canyon Willow II, LLC, their officers, employees, agents, successors and all other persons in active concert or participation with any of them, from
- failing to bring the dwelling units and public use and common use areas at Canyon Willow into compliance with 42 U.S.C. § 3604(f)(3)(C), and
- failing to design and construct any covered multi-family dwellings in the future in compliance with the requirements set forth in 42 U.S.C. § 3604(f)(3)(C)
3. Awards appropriate monetary damages to each person harmed by Defendants' discriminatory policies, practices, or conduct pursuant to 42 U.S.C. § 3614(d)(1)(B); and
4. Assesses a civil penalty against each defendant in an amount authorized by 42 U.S.C. § 3614(d)(1)(C) in order to vindicate the public interest.
The United States further prays for such additional relief as the interests of justice may require.
The United States further prays for such additional relief as the interests of justice may require.
| John Ashcroft Attorney General ________________________ |
| Daniel G. Bogden ________________________ | R. Alexander Acosta Assistant Attorney General Civil Rights Division ________________________ ________________________ |
Document Entered: January 12, 2004 > >