117.

Sample Complaint

BK 3869 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, v. CIVIL ACTION NO.: CADMAN TOWERS, INC.; And SYDELLE LEVY, Defendants. COMPLAINT The United States of America alleges: This Court has jurisdiction over this action pursuant to 28 U.S.C. � and 42 U.S.C. �(o). This action is brought by the United States of America on behalf of Phyllis E. Shapiro pursuant to 𨾄(o) of the Fair Housing Act, as amended, 42 U.S.C. �(o). The defendant Cadman Towers, Inc., is a cooperative housing corporation, incorporated under the laws of the State of New York and operated through its Board of Directors. The corporation owns and operates two buildings, collectively known as Cadman Towers in Brooklyn, New York, in the Eastern District of New York. One building is located at 10 Clinton Street and has 121 dwellings and 136 garage parking spaces; the other building is located at 101 Clark Street, and has 302 dwellings and 66 garage parking spaces. The defendant, Sydelle Levy, is President of the Board of Directors. The units in Cadman Towers are dwellings within the meaning of 42 U.S.C. §�(b). Phyllis E. Shapiro resides in an apartment at 101 Clark Street, in Cadman Towers. Since 1975, Ms. Shapiro has suffered from Multiple Sclerosis ("MS") and is a "handicapped person," as defined by 𨽺(h) of the Fair Housing Act, as amended, 42 U.S.C. �(h). On or about June 11, 1992, Phyllis E. Shapiro filed a housing discrimination complaint with the United States Department of Housing and Urban Development (hereinafter referred to as "HUD"), pursuant to 𨾂(a) of the Fair Housing Act, as amended, 42 U.S.C. �(a). In her complaint, Ms. Shapiro alleged that Defendant Cadman Towers, Inc., discriminated against her on account of her handicap by refusing from on or about May 1, 1992 and continuing until the time of her complaint to provide her a parking space at 101 Clark Street in Cadman Towers. Provision of a parking space to Ms. Shapiro was necessary to afford her equal opportunity to use and enjoy her dwelling. On or about November 24, 1992, Ms. Shapiro amended her HUD complaint to include Sydelle Levy, President of the Board of Directors of Cadman Towers, Inc., as a respondent. Pursuant to the requirements of 42 U.S.C. §�(a) and (b), the Secretary of HUD (hereinafter referred to as "Secretary") conducted an investigation of Ms. Shapiro's 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. �(g)(1), determined that reasonable cause exists to believe that the discriminatory housing practices alleged by Ms. Shapiro had occurred. On November 29, 1993, the Secretary issued a Determination of Reasonable Cause and Charge of Discrimination, pursuant to 42 U.S.C. �(g)(2)(A), charging that Cadman Towers, Inc. and Sydelle Levy engaged in discriminatory housing practices in violation of the Fair Housing Act, as amended. On December 8, 1993, Ms. Shapiro elected to have the charge resolved in a federal civil action pursuant to 42 U.S.C. �(o). On December 8, 1993, the Secretary, through HUD's General Counsel, authorized the Attorney General to file this action on behalf of Phyllis E. Shapiro, pursuant to 42 U.S.C. �(o)(1). Ms. Shapiro requested a parking space as a reasonable accommodation which was necessary, in light of her handicap, to afford her an equal opportunity to use and enjoy her dwelling. The defendants denied that request. By refusing to provide Ms. Shapiro a parking space at 101 Clark Street, in Cadman Towers, Defendants violated 𨽼(f)(3)(B) of the Fair Housing Act, as amended, 42 U.S.C. �(f)(3)(B), in that they refused to make a reasonable accommodation in their rules, policies, practices, or services, when such an accommodation was necessary to afford Ms. Shapiro equal opportunity to use and enjoy a dwelling. As a result of Defendants' conduct as described above, Ms. Shapiro has suffered damages. The discriminatory actions of Defendants were intentional, willful, and taken in disregard for the rights of Ms. Shapiro. WHEREFORE, the United States of America prays that this Court enter an ORDER that: Declares that the discriminatory housing practices of Defendants, as set forth above, violated the Fair Housing Act, as amended, 42 U.S.C. §�-3619; Requires defendants to provide Ms. Shapiro a garage parking space on the first floor of the garage at 101 Clark Street, Cadman Towers, which is wheel-chair accessible; Enjoins Defendants, their agents, employees, and successors, and all other persons in active concert or participation with any of them, from: discriminating on the basis of handicap against any person in any aspect of the sale or occupancy of a dwelling; and failing or refusing to notify the public that all dwellings made available for rental by Defendants are available to all persons on an equal opportunity basis; Awards such damages as will fully compensate Ms. Shapiro for injuries caused by Defendants' discriminatory conduct, pursuant to 42 U.S.C. �(o)(3) and 42 U.S.C. �(c); and Awards punitive damages to Phyllis E. Shapiro pursuant to 42 U.S.C. �(d)(1)(B) and 42 U.S.C. �(c). The United States further prays for such additional relief as the interests of justice may require. JANET RENO Attorney General _____________________ ZACHARY CARTER United States Attorney JAMES P. TURNER Acting Assistant Attorney General _____________________ GARY BROWN Asst. United States Attorney 1 Pierrepont Plaza 11th Floor Brooklyn, New York 11201 (718) 330-7000 PAUL F. HANCOCK Chief, Housing and Civil Enforcement Section ______________________ ISABELLE M. THABAULT BARBARA KAMMERMAN Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O. Box 65998 Washington, D.C. 20035 (202) 514-1006 [cited in Civil Rights Resource Manual 60]