Ralph F. Boyd, Jr.
Assistant Attorney General
Joan A. Magagna
Jeanine M. Worden
S.E. Pietrafesa
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - NWB
950 Pennsylvania Ave
Washington, D.C. 20530
202-616-2217
Daniel G. Bogden
United States Attorney
Blaine T. Welsh
Assistant U.S. Attorney
333 Las Vegas Boulevard
Suite 5000
Las Vegas, NV 89101
702-388-6336
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
Civil Action No.
v.
WILMARK DEVELOPMENT CO.; COMPLAINT
MARK SCHMIDT CONSTRUCTION;
WLW of NEVADA, INC.; DE LUNA,
INC.; and GREEN VALLEY COUNTRY JURY DEMAND
CLUB LIMITED PARTNERSHIP,
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. It is brought on behalf of the Nevada Fair Housing Council, Inc. (NFHC), pursuant to Section 812(o) of the Fair Housing Act, 42 U.S.C. § 3612(o), as well as pursuant to Section 814(a) of the Fair Housing Act, 42 U.S.C. § 3614(a).
2. This Court has jurisdiction over this action under 28 U.S.C. § 1345, 42 U.S.C. § 3612(o), and 42 U.S.C. § 3614(a).
3. Green Valley Country Club Apartments (Green Valley) is
a residential dwelling complex located at 1770 North Green Valley
Parkway in Henderson, Nevada, in the District of Nevada. Green
Valley consists of nineteen buildings containing 204 units, 102
of which are located on the ground floor. All the units at Green
Valley were designed and constructed for first occupancy after
March 13, 1991.
4. Green Valley's 204 units are "dwellings" within the meaning of 42 U.S.C. § 3602(b).
5. All of the 102 ground floor units at Green Valley are
"covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604 (f)(7)(A).
6. All of the ground floor units at Green Valley are
subject to the accessibility requirements of 42 U.S.C.
§ 3604(f)(3)(C).
PARTIES
7. Defendant Wilmark Development Company is a Nevada
corporation with its principal place of business in Las Vegas,
Nevada. Wilmark was the owner, developer, and architect of Green
Valley.
8. Defendant Mark Schmidt Construction is a contractor
licensed by the State of Nevada with its principal place of
business in San Diego, California. Schmidt was responsible for
the construction of Green Valley.
9. Defendant WLW of Nevada, Inc. is the architectural firm
that designed Green Valley.
10. Defendant De Luna, Inc. whose principal place of
business is in Las Vegas, Nevada, provided the civil engineering
services for and designed Green Valley.
11. Defendant Green Valley Country Club Limited
Partnership, LLP is a Nevada limited partnership whose principal
place of business is in Scottsdale, Arizona. Green Valley Country
Club Limited Partnership, LLP owns Green Valley.
Count I
12. Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-11, above.
13. NFHC is a non-profit Nevada corporation located in
Las Vegas, Nevada. One of its specific purposes and goals is the
promotion of equal opportunity in the rental of housing and the
elimination of all forms of illegal housing discrimination.
14. On or about August 2, 2001, NFHC filed a timely
complaint with the United States Department of Housing and Urban
Development ("HUD") pursuant to Section 810(a) of the Fair
Housing Act, 42 U.S.C. § 3610(a), alleging discrimination in housing on the basis of handicap. In its complaint, NFHC alleged
that Green Valley was not designed and constructed in accordance
with the accessibility requirements of the Fair Housing Act.
15. Pursuant to the requirements of 42 U.S.C. §§ 3610(a), (b) & (f), the Secretary of HUD conducted and completed an investigation of the complaint filed by NFHC, attempted conciliation without success, and prepared a final investigative report. Based on information gathered during the investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause existed to believe that discriminatory housing practices had occurred. Accordingly, on or about October 2, 2002, the Secretary issued a Charge of Discrimination pursuant to 42 U.S.C. § 3610(g)(2)(A), charging the defendants with
engaging in discriminatory housing practices in violation of the
Fair Housing Act.
16. On or about October 9, 2002, NFHC elected to have the
Charge of Discrimination resolved in a civil action filed in
federal district court, pursuant to 42 U.S.C. § 3612(a).
17. On or about October 10, 2002, the Chief
Administrative Law Judge issued a Notice of Election of Judicial
Determination and terminated the administrative proceeding on the
complaint filed by NFHC.
18. Following this Notice of Election, the Secretary of
HUD authorized the Attorney General to commence a civil action,
pursuant to 42 U.S.C. § 3612(o).
19. Defendants Wilmark Development Co., Mark Schmidt
Construction, WLW of Nevada Inc., and De Luna Inc. have failed to
design and construct Green Valley so that:
- the public use and common use portions are readily
accessible to and usable by individuals with disabilities;
- all doors within the ground-floor units are
sufficiently wide to allow passage by persons with
disabilities who use wheelchairs; and
- all of the ground floor units contain the following
features: (i) an accessible route into and through the
dwelling; (ii) electrical outlets, thermostats and other
environmental controls in accessible locations; (iii)
reinforcements in bathroom walls to allow later installation
of grab bars; and iv) usable kitchens and bathrooms such
that an individual using a wheelchair can maneuver about the
space.
20. Defendants Wilmark Development Co., Mark Schmidt
Construction, WLW of Nevada Inc., and De Luna Inc., through the
actions referred to in the preceding paragraph, have:
- Discriminated in the rental, or otherwise made
unavailable or denied, dwellings to persons 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).
21. NFHC is an aggrieved person, as defined in 42 U.S.C.
§ 3602(i), and has suffered damages as a result of the conduct of defendants Wilmark Development Co., Mark Schmidt Construction, WLW of Nevada Inc., and De Luna Inc., described above.
22. The discriminatory actions of defendants Wilmark
Development Co., Mark Schmidt Construction, WLW of Nevada Inc.,
and De Luna Inc. were intentional, willful and taken in disregard
for the rights of the NFHC and others.
23. Defendant Green Valley Country Club Limited
Partnership, LLP, controls access to the individual dwelling
units and the common and public use areas of Green Valley and is
a necessary party for complete relief.
COUNT II
24. Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-11, and 13-23
above.
25. The conduct of defendants Wilmark Development Co.,
Mark Schmidt Construction, WLW of Nevada Inc., and De Luna Inc.
described in paragraph 19 and 20 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.
26. In addition to NFHC, there may be other victims of
the discriminatory actions of defendants Wilmark Development Co.,
Mark Schmidt Construction, WLW of Nevada Inc., and De Luna Inc.,
who are aggrieved persons as defined in 42 U.S.C. § 3602(i). Such persons may have suffered actual injury and damages as a result of the above actions and practices.
27. The discriminatory actions of defendants Wilmark
Development Co., Mark Schmidt Construction, WLW of Nevada Inc.,
and De Luna Inc. were intentional, willful and taken in disregard
for the rights of NFHC and other victims of this discrimination.
WHEREFORE, the United States prays that the court enter an
ORDER that:
1. Declares that the policies and practices of defendants
Wilmark Development Co., Mark Schmidt Construction, WLW of Nevada
Inc., and De Luna Inc., as alleged herein, violate the Fair
Housing Act;
2. Enjoins defendants Wilmark Development Co., Mark
Schmidt Construction, WLW of Nevada Inc., and De Luna Inc., their
officers, employees, agents, successors and all other persons in
active concert or participation with any of them, from:
- Failing or refusing to bring the 102 ground-floor
units and public use and common use areas at Green Valley
into compliance with 42 U.S.C. § 3604(f)(3)(C);
- Failing or refusing to take such affirmative steps
as may be necessary to restore, as nearly as practicable,
the victims of the defendants' unlawful practices to the
position they would have been in but for the discriminatory
conduct; and
- Designing or constructing covered multifamily
dwellings in the future that do not contain the
accessibility and adaptability features required by 42
U.S.C. § 3604(f)(3)(C);
3. Enjoins Green Valley Country Club Limited Partnership,
LLP, to allow access to the common and public use areas and the
individual dwelling units at Green Valley, and to take any other
actions appropriate to ensure that any retrofits required to
bring the complex into compliance with the accessibility
provisions of the Fair Housing Act can be made in a prompt and
efficient manner.
4. Awards such damages, pursuant to 42 U.S.C.
§§ 3612(o)(3), 3613(c)(1),and 42 U.S.C. § 3614(d)(1)(B), to fully compensate each person aggrieved by the discriminatory housing practices of defendants Wilmark Development Co., Mark Schmidt Construction, WLW of Nevada Inc., and De Luna Inc., including NFHC, for injuries resulting from the defendants' discriminatory conduct;
5. Awards punitive damages, pursuant to 42 U.S.C.
§§ 3612(o)(3), 3613(c)(1),and 42 U.S.C. § 3614(d)(1)(B), to each person aggrieved by the discriminatory housing practices of defendants Wilmark Development Co., Mark Schmidt Construction, WLW of Nevada Inc., and De Luna Inc., including NFHC;
6. Assesses a civil penalty against defendants Wilmark
Development Co., Mark Schmidt Construction, WLW of Nevada Inc.,
and De Luna Inc. in an amount authorized by 42 U.S.C.
§ 3614(d)(1)(C) and 28 C.F.R. 85.3(b)(3), in order to vindicate the public interest.
The United States further prays for such additional relief
as the interests of justice may require.
|
John Ashcroft
Attorney General |
Daniel G. Bogden
United States Attorney
District of Nevada
____________________________
Blaine T. Welsh
Assistant United States
Attorney
333 Las Vegas Blvd. S.
Suite 5000
Las Vegas, Nevada 89101
702-328-6336
|
____________________________
Ralph F. Boyd, Jr.
Assistant Attorney General
Civil Rights Division
____________________________
Joan A. Magagna
Chief, Housing & Civil
Enforcement Section
____________________________
Jeanine M. Worden
Deputy Chief
S.E. Pietrafesa
Trial Attorney
U.S. Department of Justice
Civil Rights Division
Housing & Civil Enforcement
Section - NWB
950 Pennsylvania Avenue
Washington, D.C. 20530
202-616-2217
|
Document Filed: November 7, 2002
