IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLORADO
UNITED STATES OF AMERICA,
Plaintiff,
v.
NO.:00-N-2543
HOUSING AUTHORITY of the City of
AURORA, COLORADO,
Defendant.
___________________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States on behalf of
Tanya Harris and her minor son Anthony Harris to enforce the
provisions of Title VIII of the Civil Rights Act of 1968 (the
Fair Housing Act), as amended by the Fair Housing Amendments Act
of 1988, 42 U.S.C. §§3601 et seq.
- This Court has jurisdiction over this action under 28
U.S.C. §§1345 and 1331 and 42 U.S.C. §3612(o). Venue is proper
in this judicial district pursuant to 42 U.S.C. §1391(b) and 42
U.S.C. §3612(o) as Defendant is located in this judicial district
and the events or omissions giving rise to the claim occurred in
this judicial district.
- The Defendant Housing Authority of the City of Aurora
(hereinafter "AHA") is a body corporate and politic organized in
accordance with the provisions of the Colorado Housing
Authorities Law, C.R.S. §29-4-201, et seq. AHA was established
pursuant to the city Code of the City of Aurora, Colorado Section
42-27 (Code 1979, §8-221) and City of Aurora Ordinance 75-19 for
the purposes, with the powers, and subject to the restrictions
set forth in the Colorado Housing Authorities Law. AHA is a
quasi-municipal corporation which is empowered to operate,
manage, lease and do all things necessary to provide low-income
housing, including administration of Section 8 and other housing
subsidy programs.
- Tanya Harris and Anthony Harris (the "Harrises") are
individuals who in the fall of 1995 resided in site-based Section
8 Moderate Rehabilitation rental housing subsidized by AHA at
1768 Billings, Number 202, Aurora, Colorado 80011.
- Tanya Harris and Anthony Harris both suffer from
illnesses, including Post Traumatic Stress Disorder (hereinafter
"PTSD"). The Harrises are handicapped within the meaning of the
Fair Housing Act, 42 U.S.C. §3602(h).
- The site-based Section 8 Moderate Rehabilitation rental
housing subsidy program is administered by AHA and funded by the
U.S. Department of Housing and Urban Development (hereinafter
"HUD"). Housing obtained with a Section 8 or other housing
subsidy, including units at 1768 Billings, Number 202, Aurora,
Colorado, constitutes a "dwelling" within the meaning of the Fair
Housing Act, 42 U.S.C. §3602(b).
- On or about December 13, 1995, Tanya Harris,
individually and on behalf of her minor son, Anthony Harris,
timely filed a complaint with HUD pursuant to Section 810(a) of
the Fair Housing Act, as amended, 42 U.S.C. § 3610(a). The
complaint alleges that the Defendant improperly refused to grant
the Harrises a reasonable accommodation necessary to allow them
an equal opportunity to use and enjoy a dwelling.
- As required by Section 810(a) and (b) of the Fair
Housing Act, as amended, 42 U.S.C. §§ 3610(a) and (b), the
Secretary of HUD (hereinafter the "Secretary") conducted an
investigation of the 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), has determined that
reasonable cause exists to believe that a discriminatory housing
practice has occurred. Therefore, on September 29, 2000, the
Secretary issued a Charge of Discrimination pursuant to 42 U.S.C.
§ 3610(g)(2)(A), charging the Housing Authority of the City of
Aurora, Colorado with engaging in discriminatory practices in
violation of Section 804 of the Fair Housing Act, as amended, 42
U.S.C. §3604.
- On October 4, 2000, the Defendant elected to have the
charges resolved in a federal civil action pursuant to 42 U.S.C.
§3612(a).
- In 1995, the Harrises lived in an AHA subsidized Section
8 Moderate Rehabilitation rental apartment in Aurora, Colorado.
On or about September 15, 1995, Tanya Harris' son, Anthony
Harris, was taken hostage in the Harrises' apartment by a man
wanted for murder. On that date, Anthony Harris was held hostage
for ten hours. The man who held Anthony Harris hostage attempted
suicide in Anthony Harris' presence. The man was found by police
in a pool of his own blood, but alive. As a result of the
incident, both Anthony and Tanya Harris developed and continue to
have PTSD.
- On September 15, 1995, Tanya Harris, notified AHA that
she was seeking payment for mental health therapy and that her
son was physically and mentally abused as a result of the hostage
taking.
- On October 26, 1995, Tanya Harris notified AHA that she
was diagnosed with PTSD resulting from the hostage incident.
- Following the hostage and attempted suicide incident,
Ms. Harris asked AHA several times to move her to a different
unit because she and her son did not wish to return to the site
of the trauma. AHA denied Tanya Harris' reasonable accommodation
requests to move to a different unit.
- On or about November 8, 1995, Tanya Harris, through her
attorney, formally requested a reasonable accommodation from AHA.
Tanya Harris requested that her site-based Section 8 Moderate
Rehabilitation housing assistance be exchanged for a Section 8
certificate or voucher. The Harrises made the request so that
they could move to different housing. On November 15, 1995, AHA
denied this request for a reasonable accommodation.
- Tanya Harris' requests were reasonable and necessary,
on account of her and her son's handicap status, to afford the
Harrises an equal opportunity to use and enjoy a dwelling. By
refusing to grant the requested accommodations, the Defendant
violated 42 U.S.C. § 3604(f).
- Tanya Harris and her son have suffered damages as a
result of the Defendant's conduct as described herein.
- The discriminatory actions of the Defendant were
intentional, willful, and taken in disregard for the rights of
Tanya Harris and her son.
WHEREFORE, the United States prays that the Court enter an
ORDER that:
- Declares that the Defendant's discriminatory
housing practices violate the Fair Housing Act, as amended,
42 U.S.C. §§ 3601 et seq.;
- Enjoins the Defendant, its officers, agents,
employees, and successors, and all other persons in active
concert or participation with any of them, from refusing to
grant a reasonable accommodation to Tanya Harris and her son
and requires the Defendant to provide a Section 8
certificate/voucher housing subsidy to Tanya Harris and her
son for as long as their eligibility for Section 8
assistance continues;
- Awards such damages as will fully compensate Tanya
Harris and her son for all injury occasioned by the
Defendant's denial of equal housing opportunity, pursuant to
42 U.S.C. §§ 3612(o)(3) and 3613(c); and
- Awards punitive damages because of the intentional
and willful nature of the Defendant's conduct, 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 |
Thomas L. Strickland United States Attorney |
Bill Lann Lee Assistant Attorney General |
Nina Wang Assistant United States Attorney 1255 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 |
Joan A. Magagna Chief, Housing and Civil Enforcement Section |
|
Isabelle M. Thabault Deputy Chief Kevin J. Kijewski Trial Attorney Housing and Civil Enforcement Section Civil Rights Division Department of Justice P.O. Box 65998M Washington, D.C. 20035-5998 (202) 514-4713 |
Document Filed: December 21, 2000