Housing And Civil Enforcement Cases Documents

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA

           Plaintiff,

v.

DAVID MADRID and DAVID MADRID
d/b/a "TRINITY HOUSE LIVING SERVICES"

           Defendants.

CIVIL ACTION
NO. Demand for Jury Trial
Complaint for Damages

___________________________________)

COMPLAINT

The United States of America alleges:

JURISDICTION AND VENUE

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, 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.

3. Venue is proper under 28 U.S.C. § 1391(b) because the actions giving rise to the United States' allegations occurred in the District of New Mexico, the subject properties are located in the District of New Mexico, and Defendant David Madrid resides and does business in the District of New Mexico.

PROPERTY AND PARTIES

4. Defendant David Madrid is a resident of Albuquerque, New Mexico, which is located in the District of New Mexico.

5. Defendant David Madrid d/b/a Trinity House Living Services, is a business operating in Albuquerque, New Mexico, which is located in the District of New Mexico.

6. At all relevant times, Defendant David Madrid has owned, operated and managed the business known as Trinity House Living Services, a group residence that houses individuals with mental disabilities. (The term "disability" has the same meaning as the term "handicap," as defined in 42 U.S.C. § 3602(h).)

7. Upon information and belief, residents of Trinity House Living Services live or have lived in properties at the following addresses, all of which are located in the District of New Mexico: 601 Palomas, SE, 544 Palomas, SE, 536 Palomas, SE, 421 Charleston, SE, apartments A, B, C, and D, 323 Española, NE, 316 Charleston, NE and SE 320 Española, NE. David Madrid has owned or rented, operated, and managed these properties at all times relevant to this case.

8. The properties that Madrid operates as Trinity House Living Services are "dwellings" within the meaning of 42 U.S.C. § 3602(b).

9. Upon information and belief, most of the residents living at the Trinity House Living Services properties are "handicapped" within the meaning of 42 U.S.C. § 3602(h).

FIRST CLAIM FOR RELIEF

10. Since at least 1998 through the present, Defendants have subjected numerous tenants with mental disabilities living at the Trinity House Living Service rental properties to severe, unwelcome and pervasive harassment. Among other things, Defendants have subjected tenants with mental disabilities to the following discriminatory conduct:

  1. unwelcome sexual and/or physical harassment; and
  2. abusive and discriminatory living conditions including but not limited to verbal abuse.

11. Defendants have threatened to evict and take other adverse actions against tenants with mental disabilities who objected to or reported their discriminatory conduct.

12. The consistent pattern of harassment of Trinity House tenants has created a longstanding hostile and abusive environment for tenants with mental disabilities living at Defendants' properties.

13. Defendants' conduct described in paragraphs 10 - 12 above, constitutes:

  1. A denial or making unavailable of housing because of handicap, in violation of 42 U.S.C. § 3604(f)(1);
  2. Discrimination against persons in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with the rental of a dwelling, because of handicap, in violation of 42 U.S.C. § 3604(f)(2);
  3. Coercion, intimidation, threats, and 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.

SECOND CLAIM FOR RELIEF

14. Since at least 1998 through the present, Defendant David Madrid has subjected numerous female tenants with mental disabilities living at the Trinity House Living Service rental properties owned or rented, operated and managed by him, to severe, pervasive, and unwelcome physical sexual touching and advances. Specifically, Defendant Madrid has subjected numerous female tenants with mental disabilities to unwelcome and uninvited physical sexual contact including, but not limited to, hugs, massages, and touching of intimate body parts.

15. Defendants have explicitly based the terms, conditions, and privileges of the women's tenancy on the granting of sexual favors and/or sexual touching. For example, Defendant Madrid has requested to sexually touch female tenants in exchange for the tenants' receipt of medications, rides and other services which Trinity House residents pay for as part of their rent.

16. Defendants also have threatened to evict or take other adverse actions against female tenants with mental disabilities who refused, objected to or reported David Madrid's sexual touching.

17. The consistent pattern of sexual advances towards female tenants has created a longstanding hostile and abusive environment for female tenants living at Defendants' properties.

18. Defendants' conduct described in paragraphs 14 - 17 constitutes:

  1. A denial or making unavailable of housing 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. Coercion, intimidation, threats, and 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. the Fair Housing Act, 42 U.S.C. § 3617.
19. Defendants' conduct described in paragraphs 10 - 12 and 14 - 17 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.§§ 3601-3619; and
  2. 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.

20. Defendants' conduct described above was intentional, willful, and/or taken in disregard for the rights of others.

21. Individuals have suffered actual injuries and damages as a result of the Defendants' conduct as described herein.

V. PRAYER FOR RELIEF

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

1. Enjoins Defendants from engaging in further conduct that violates the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 - 3619;

2. Declares that the Defendants' policies and practices, as alleged herein, violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601 - 3619;

3. Enjoins the Defendants, their agents, employees, and successors, and all other persons in active concert or participation with them from:

  1. Discriminating on account of handicap and 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 (1) restore, as nearly as practicable, the victims of the Defendants' past unlawful practices to the position they would have been in but for the discriminatory conduct; and (2) notify residents of their rental properties as well as the public that the properties will be operated in a manner so as not to discriminate on the basis of handicap and sex;

4. Awards appropriate monetary damages to each identifiable victim of Defendants' discriminatory conduct pursuant to Section 814(d)(1)(B) of the Fair Housing Act, 42 U.S.C. § 3614(d)(1)(B)); and

5. Assesses a civil penalty against each Defendant in order to vindicate the public interest, in an amount authorized by Section 814(d)(1)(C) of the Fair Housing Act, 42 U.S.C. § 3614(d)(1)(C), and 28 C.F.R. § 85.3(b)(3).

The United States further prays for such additional relief as the interests of justice may require.

JOHN D. ASHCROFT
Attorney General





_________________________
DAVID C. IGLESIAS
United States Attorney

_________________________
ELIZABETH MARTINEZ
Assistant United States Attorney
United States Attorney's Office
201 Third St., Suite 900
Albuquerque, New Mexico
87102
Tel.: (505) 224-1469
Fax: (505) 346-7205
_________________________
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
__________________________
STEVEN H. ROSENBAUM
Chief, Housing and Civil
Enforcement Section
__________________________
NICOLE PORTER
Deputy Chief
ELISE S. SHORE
Attorney
U.S. Department of Justice
Civil Rights Division
Housing and Civil
Enforcement Section (NWB)
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Tel.: (202) 514-4701
Fax: (202) 514-1116

Document Filed: June 17, 2004 > >
Updated August 6, 2015

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