Housing And Civil Enforcement Cases Documents

UNITED STATES OF AMERICA,

                                 Plaintiff,

           v.                                                                               CASE NO

DAVID R. BEAUDET                                                        COMPLAINT
                                                                                           JURY TRIAL DEMANDED

                                  Defendant.

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. Defendant David Beaudet is a resident of St. Paul, Minnesota, in the District of Minnesota. At all times relevant to this action, Defendant David Beaudet has been the owner and operator of numerous rental properties in St. Paul, Minnesota, including, 252 Lexington Parkway, 656 Carroll Avenue, 1066 Blair Avenue, 941 Cypress Street, 630 Marshall Avenue, 606 Edmund Avenue, 540 Charles Avenue, 954 Carroll Avenue, and 390 Sherburne ("the subject properties").
4. The subject properties are dwellings within the meaning of 42 U.S.C. § 3602(b).
5. Venue is proper under 28 U.S.C. § 1391(b) because the actions giving rise to the United States's allegations occurred in the District of Minnesota, the subject properties are located in the District of Minnesota, and the Defendant resides in and does business in the District of Minnesota.
6. Defendant David Beaudet 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.
7. From at least 1996 through the present, Defendant David Beaudet 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; conditioning the terms and conditions of women's tenancy on the granting of sexual favors; entering the apartment of female tenants without permission or notice; and threatening to and then taking adverse action against female tenants when they refused or objected to his sexual advances.
8. The conduct of Defendant 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.
9. The conduct of Defendant 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.
10. Female tenants, prospective tenants, and persons associated with them have been injured by Defendant'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's conduct.
11. Defendant's 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 Defendant's discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 et seq.;
2. Enjoins Defendant David Beaudet, his agents, employees, and successors, and all other persons in active concert or participation with him 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 Defendant's 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 Defendant's discriminatory housing practices for injuries caused by the Defendant's discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);
4. Awards punitive damages to each identifiable victim of Defendant's discriminatory housing practices, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
5. Assesses a civil penalty against Defendant 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.