102.

Sample Complaint of Discrimination Under the Amended Fair Housing Act

DEVAL L. PATRICK Assistant Attorney General PAUL F. HANCOCK BRIAN F. HEFFERNAN CHERYL L. ZIEGLER Attorneys Housing and Civil Enforcement Section Civil Rights Division United States Department of Justice Post Office Box 65998 Washington, D.C. 20035-5998 202-514-8033 MICHAEL J. YAMAGUCHI United States Attorney MARY BETH UITTI Chief, Civil Division 10th Floor Federal Building Box 36055 450 Golden Gate Avenue San Francisco, California 94102 415-556-1126 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, Civ. Action No. v. COMPLAINT OF CURTIS GUNN and MARY GUNN, DISCRIMINATION UNDER THE AMENDED FAIR Defendants. HOUSING ACT Plaintiff United States of America alleges as follows: This action is brought by the United States on behalf of Gregory Austin, pursuant to Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended, 42 U.S.C. § 3612(o). This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o). Mr. Austin is the single parent of a minor child. Defendants, Curtis Gunn and Mary Gunn, are the owners of residential property within the Northern District of California, including an apartment located at 3051 Dohr Street in Berkeley, California. The apartment owned by Defendants and located at 3051 Dohr Street in Berkeley, California, is a "dwelling" within the meaning of 42 U.S.C. § 3602(b). On or about July 27, 1993, Gregory Austin filed a housing discrimination complaint with the United States Department of Housing and Urban Development (hereinafter "HUD") pursuant to the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). In his complaint, Mr. Austin alleged that Defendants had discriminated against him in the rental of an apartment on the basis of familial status. Pursuant to the requirements of 42 U.S.C. §§ 3610(a) and (b), the Secretary of HUD (hereinafter "Secretary") conducted an investigation of the aforementioned complaint, attempted conciliation without success, and prepared a final investigative report. Based on the information gathered in this investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause exists to believe that discriminatory housing practices had occurred. Therefore, on July 25, 1994, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination, pursuant to 42 U.S.C. § 3610(g)(2)(A), charging that Curtis Gunn and Mary Gunn engaged in discriminatory housing practices in violation of the Fair Housing Act, as amended, 42 U.S.C. § 3604. On August 18, 1994, Defendants elected to have the charge resolved in a federal civil action, pursuant to 42 U.S.C. § 3612(a). By letter dated August 30, 1994, the Secretary, through HUD's General Counsel, authorized the Attorney General to file this action on behalf of Mr. Austin, pursuant to 42 U.S.C. § 3612(o). During the period from June 14, 1993, through July 16, 1993, Mr. Austin attempted to rent an apartment at 3051 Dohr Street in Berkeley, California, from Defendants. During the period from June 14, 1993, through July 16, 1993, Mr. Gunn repeatedly made statements to Mr. Austin concerning Mr. Austin's attempted rental of an apartment that indicated a preference, limitation or discrimination based on familial status. Further, Mr. Gunn refused to rent an apartment to Mr. Austin and imposed different terms and conditions of rental on Mr. Austin, all because of familial status. In taking the actions described in Paragraphs 11 and 12, Defendants: Refused to rent a dwelling, and otherwise made a dwelling unavailable, because of familial status, in violation of 42 U.S.C. § 3604(a); Discriminated in the terms, conditions, or privileges of rental of a dwelling because of familial status, in violation of 42 U.S.C. § 3604(b); and Made statements with respect to the rental of a dwelling that indicate a preference, limitation, or discrimination on the basis of familial status, in violation of 42 U.S.C. § 3604(c). As a result of Defendants' discriminatory conduct, Mr. Austin has suffered damages. The discriminatory actions of Defendants were intentional, willful, and taken in disregard for the rights of Mr. Austin. WHEREFORE, the United States prays that the Court enter an ORDER that: Declares that the discriminatory practices of Defendants, as set forth above, violate the Fair Housing Act, as amended, 42 U.S.C. §§ 3601, et seq.; Enjoins Defendants, their agents, employees, and successors, and all other persons in active concert or participation with any of them, from engaging in discriminatory housing practices based on familial status; Awards such damages as will fully compensate Gregory Austin for injuries caused by Defendants' discriminatory conduct, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c); and Awards punitive damages to Gregory Austin, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c). The United States further prays for such additional relief as the interests of justice may require. Janet Reno Attorney General _______________________ Michael J. Yamaguchi _______________________ Deval L. Patrick United States Attorney Assistant Attorney General Civil Rights Division _______________________ Mary Beth Uitti _______________________ Paul F. Hancock Assistant U.S. Attorney Chief, Housing and Civil United States Attorney's Enforcement Section Office 10th Floor Federal Building Box 36055 450 Golden Gate Avenue San Francisco, CA 94102 ________________________ Brian F. Heffernan (415) 556-1126 Cheryl L. Ziegler Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, DC 20035 (202) 514-8033 [cited in Civil Rights Resource Manual 60]