UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ORCHARD HILL CONSTRUCTION, LLC;
THE LINDEN GROUP, INC.;
and WILLIAM K. OLSON
ASSOCIATES,
Defendants.
______________________________
COMPLAINT
The United States of America alleges:
- 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.
- This Court has jurisdiction over this action under
28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
- Creekside of Spring Creek (Creekside) is a residential
dwelling complex located at 14008 Norwich Land, Orland Park,
Illinois. When completely constructed, Creekside will be
comprised of 271 single family homes, sixty condominium units,
and thirty-six townhomes, sixteen of which are ranch-style. The
sixty condominium units are located in five, three-story elevator
buildings. All of the condominium and townhomes at Creekside were
designed and constructed for first occupancy after March 13, 1991.
- Covington Knolls is a residential dwelling complex
located north of 127th Street, Lemont, Illinois. When
construction is completed, Covington Knolls will be comprised of
424 single-family homes, and seventy-four townhomes, some of
which will be ranch-style. All of the townhomes at Covington
Knolls were designed and constructed for first occupancy after
March 13, 1991.
- Defendant Orchard Hill Construction, LLC (Orchard Hill)
is an Illinois corporation whose principal place of business is
located in the Northern District of Illinois. Defendant Orchard
Hill formerly operated as Orchard Hill Building Co., Inc., and is
responsible for the design, development, construction, and sale
of residential dwellings at Creekside and at Covington Knolls.
- Defendant The Linden Group, Inc. (Linden) is an
architectural firm whose principal place of business is in the
Northern District of Illinois. Linden is responsible for the
design of the condominium units at Creekside.
- Defendant William K. Olson Associates (Olson) is an
architectural firm whose principal place of business is in the
Northern District of Illinois. Olson is responsible for the
design of the townhomes at Creekside and Covington Knolls.
- The residential units at Creekside and Covington Knolls
are "dwellings" within the meaning of 42 U.S.C. § 3602(b). Sixty
condominium units and sixteen ranch-style townhomes at Creekside
and fourteen ranch-style townhomes at Covington Knolls are
"covered multi-family dwellings" within the meaning of 42 U.S.C.
§ 3604(f)(7)(A), and are thus subject to the accessibility
requirements of 42 U.S.C. § 3604(f)(3)(C).
- Defendants have violated 42 U.S.C. § 3604(f)(3)(C) by
failing to design and construct covered certain dwellings at
Creekside and Covington Knolls in such a manner that: (a) the
public use and common use portions of such dwellings are readily
accessible to and usable by individuals with disabilities; (b)
all doors are sufficiently wide to allow passage by persons who
use wheelchairs; and (c) all premises within such dwellings
contain: (i) an accessible route into and through the dwelling;
and (ii) reinforcements in the bathroom walls to allow later
installation of grab bars.
- Defendants, through actions referred to in paragraph 9,
above, have:
- Discriminated in the sale, or otherwise made
unavailable or denied, dwellings to buyers because
of handicap, in violation of 42 U.S.C. § 3604(f)(1); 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).
- The conduct of defendants described above 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.
- Persons who may have been the victims of defendants'
discriminatory housing practices are aggrieved persons as defined
in 42 U.S.C. § 3602(i) and may have suffered injuries as a result
of defendants' conduct described above.
- Defendants' conduct described above was intentional,
willful, and taken in disregard for the rights of others.
WHEREFORE, the United States prays that the Court enter an
order that:
- Declares that defendants' policies and practices, as
alleged herein, violate the Fair Housing Act;
- Enjoins defendants, 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 dwelling units
and public use and common use areas at Creekside
and Covington Knolls 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 defendants' unlawful
practices to the position they would have been in
but for the discriminatory conduct; and
- Designing or constructing any covered multi-family
dwellings in the future that do not contain the
accessibility and adaptability features set forth
in 42 U.S.C. § 3604(f)(3)(C);
- Awards such damages as would fully compensate each per-son aggrieved by defendants' discriminatory housing practices for
their injuries resulting from defendants' discriminatory conduct,
pursuant to 42 U.S.C. § 3614(d)(1)(B); and
- Assesses a civil penalty against each defendant as
authorized by 42 U.S.C. § 3614(d)(1)(C), in order to vindicate
the public interest.
The United States further prays for such additional relief
as the interests of justice may require.
Janet Reno
Attorney General
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
Joan A. Magagna
Chief, Housing and Civil Enforcement Section
Brian F. Heffernan
Deputy Chief
Sunny E. Pietrafesa, Attorney
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
202-616-2217
Joan C. Laser
Assistant United States Attorney
219 S. Dearborn Street
Room 1200
Chicago, Illinois 60604
312-383-1857