UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
BLUE MEADOWS LIMITED PARTNERSHIP,
REALVEST CORPORATION, ROBERT
SKALAK, CINDY SKALAK, &
JONNIE PEDEN,
Defendants.
___________________________________
Complaint
Demand for Jury Trial
The United States of America alleges:
- This action is brought by the United States on behalf of
Lisa Clements and her minor children, Destinee, Caitlin, Tyra,
and Skyler, Margo Johnson and her minor son, James, and the
Intermountain Fair Housing Council pursuant to Section 812(o) of
the 1968 Fair Housing Act, as amended, 42 U.S.C. §3612(o).
- This Court has jurisdiction over this action under 28
U.S.C. §1345 and 42 U.S.C. §3612(o).
- Blue Meadows Apartments is a 229 unit complex located at
5122 W. Stoker Lane, Boise, Idaho, within the District of Idaho.
The buildings at Blue Meadows are dwellings within the meaning of 42 U.S.C. §3602(b).
- At all times relevant to the complaint, defendant Blue
Meadows Limited Partnership has been the owner of Blue Meadows
Apartments. Defendant Blue Meadows is a limited partnership that
does business within the District of Idaho.
- At all times relevant to the complaint, defendant
Realvest Corporation has been a General Partner in Blue Meadows
Limited Partnership and the entity responsible for management of
Blue Meadows Apartments. Defendant Realvest Corporation is a
Washington corporation that does business within the District of
Idaho.
- At all times relevant to the complaint, Defendant Robert
Skalak has been the area manager for Realvest Corporation.
Defendant Robert Skalak resides in the District of Idaho.
- At all times relevant to the complaint, Defendant Cindy
Skalak has been the resident manager for Blue Meadows Apartments. Defendant Cindy Skalak resides in the District of Idaho.
- At all relevant times to the complaint, Defendant Jonnie
Peden has been the assistant resident manager of Blue Meadows
Apartments. Defendant Jonnie Peden resides in the District of
Idaho.
- Since approximately October 1, 1998, Lisa Clements and
her minor children, Destinee, Caitlin, Tyra, and Skyler, have
lived in Blue Meadows Apartments in Boise, Idaho.
- From approximately November 1, 1999 through October
2000, Margo Johnson and her minor son, James, resided in Blue
Meadows Apartments in Boise, Idaho.
- Intermountain Fair Housing Council (IFHC) is a private,
non-profit corporation that is organized under the laws of the
State of Idaho, within the District of Idaho.
- On or about July 1, 1995 and continuing until
approximately July 11, 1999, Defendants stated, adopted, and
enforced a policy at Blue Meadows Apartments that imposed a
limitation on the use of facilities by persons under the age of
eighteen years. Specifically, those rules:(1) required all
occupants under the age of eighteen years to be supervised
whenever they were outside of their apartments; and (2) prohibited all people under the age of eighteen years from
using or occupying any of the common areas after 10:00 p.m.,
irrespective of adult or parental supervision. Defendants
incorporated these rules into an addendum to the lease that
tenants were required to sign.
- On or about May 1998, Defendants adopted, distributed,
and enforced written Swimming Pool Rules, which prohibited
residents or occupants under the age of seventeen from going to
the pool area at anytime unless accompanied by their resident
parent.
- On one or more occasions in 1999, Defendants, through
the issuance written admonishments to Lisa Clements, enforced the
rules against Ms. Clements restricting the use of common areas by
children under the age of eighteen.
- On one or more occasions in 2000, Defendants prohibited
Margo Johnson's sixteen year-old son, James, from using the pool
facilities unless he was accompanied by his mother.
- As a result of the discrimination at Blue Meadows
Apartments, IFHC diverted resources from its other activities to
investigate complaints of discrimination at Blue Meadows and
additional outreach and training on the requirements of the Fair
Housing Act.
- On or about September 28, 1999, Lisa Clements filed,
pursuant to the Fair Housing Act, as amended, 42 U.S.C. §3610(a),
a housing discrimination complaint with the United States
Department of Housing and Urban Development (HUD). In her
complaint, Ms. Clement alleged that Defendants discriminated
against her on the basis of familial status, in violation of
Section 804(b) and (c) of the Fair Housing Act, 42 U.S.C.
§3604(b) and (c), when they made, printed, and enforced rules
that restricted her minor children's access to the facilities
within the apartment complex.
- On or about October 30, 2000, Margo Johnson filed,
pursuant to the Fair Housing Act, as amended, 42 U.S.C. §3610(a),
a housing discrimination complaint with HUD. In her complaint,
Ms. Johnson alleged that Defendants discriminated against her on
the basis of familial status, in violation of Section 804(b) and
(c) of the Fair Housing Act, 42 U.S.C. §3604(b) and (c), when
they made, printed, and enforced rules that restricted her minor
son's access to the facilities and pool within the apartment
complex.
- On or about October 22, 1999, IFHC filed, pursuant to
the Fair Housing Act, as amended, 42 U.S.C. §3610(a), a housing
discrimination complaint with HUD. In its complaint, IFHC
alleged that Defendants' rules and regulations discriminated on
the basis of familial status, in violation of Section 804(b) and
(c) of the Fair Housing Act, 42 U.S.C. §3604(b) and (c), when
they made, printed, and enforced rules that restricted minor
children's access to the facilities and pool within the apartment
complex. In its complaint, IFHC alleged that its purpose of
eliminating discrimination had been frustrated and its resources
diverted from other activities because Blue Meadows Apartments
implemented and enforced policies contrary to the requirements of
the Fair Housing Act.
- Pursuant to the requirements of 42 U.S.C. §3610(a) and
(b), the Secretary of HUD (Secretary) conducted and completed an
investigation of the complaints, attempted conciliation without
success, and prepared a final investigative report. Based on
information gathered in the 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. Accordingly, on May 24, 2001, the Secretary issued a
Charge of Discrimination pursuant to 42 U.S.C. §3610(g)(2)(A),
charging Defendants with engaging in discriminatory housing
practices in violation of the Fair Housing Act.
- On or about June 5, 2001, Defendants elected to have
the Charge resolved in a civil action filed in federal district
court, pursuant to 42 U.S.C. §3612(a).
- Following this election, the Secretary of HUD
authorized the Attorney General to commence a civil action,
pursuant to 42 U.S.C. §3612(o).
- Defendants, through the actions referenced above, have:
- discriminated in the terms, conditions, or
privileges of rental of a dwelling, or in the
provision of services or facilities in
connection therewith, because of familial
status, in violation of 42 U.S.C. § 3604(b) and
- made, printed, and published, or cause to be
made, printed, or published notices, statements,
or advertisements, with respect to the rental of
a dwelling that indicated a preference,
limitation, or discrimination based on familial
status, in violation of 42 U.S.C. §§ 3604(c).
- Ms. Clements and her minor children, Destinee, Caitlin,
Tyra, and Skyler, Ms. Johnson and her minor child, James, and the
Intermountain Fair Housing Council are aggrieved persons, as
defined in 42 U.S.C. §3602(i), and have suffered damages as a
result of Defendants' conduct described above.
- The discriminatory actions of Defendants were
intentional, willful and taken in disregard for the rights of the
complainants.
WHEREFORE: the United States prays that the Court enter an
ORDER that:
- Declares that the discriminatory housing 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 them from discriminating on the basis of
familial status in any aspect of the rental of a dwelling; and
- Awards appropriate damages to Lisa Clements, Margo
Johnson, and their respective minor children, and IFHC, pursuant
to Sections 812(o)(3) and 813(c)(1) of the Fair Housing Act, 42
U.S.C. §§3612(o)(3) and 3613(c)(1).
The United States further prays for such additional relief
as the interests of justice may require.
|
JOHN ASHCROFT Attorney General |
THOMAS E. MOSS Interm United States Attorney
|
RALPH F. BOYD, JR Assistant Attorney General Civil Rights Division |
MARC HAWS Assistant United States Attorney First Interstate Center 877 W. Main Street Suite 201 Boise, Idaho (208) 334-1211 |
JOAN A. MAGAGNA Chief Housing and Civil Enforcement Section |
|
TIMOTHY J. MORAN DONALD WALKER TUNNAGE Attorneys Housing and Civil Enforcement Section Civil Rights Division U.S. Department of Justice P.O. Box 65998 Washington, D.C. 20035-5998 (202) 305-2789
|
Document Filed: August 31, 2001.