IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
BYRON CLAIBORNE
Defendant.
____________________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States 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. § 1331, 28 U.S.C.§ 1345 and 42 U.S.C. § 3614(a).
- Defendant Byron Claiborne is a resident of Auburn,
California, in the Eastern District of California. At all times
relevant to this action, Defendant Claiborne has been the owner
and manager of two apartment buildings located at 3317 W Street
and 3318 V Street ("the subject properties"), in the City of
Sacramento, California.
- The subject properties owned and managed by Defendant
Claiborne are dwellings within the meaning of 42 U.S.C.
§ 3602(b).
- Defendant Claiborne has violated the Fair Housing Act,
42 U.S.C. §§ 3601, et seq., by discriminating against persons on
the basis of sex in connection with the rental of apartments in
the subject properties.
- From at least 1997 through the present, Defendant
Claiborne has subjected female tenants of the subject properties
to discrimination on the basis of sex, including severe,
pervasive, and unwelcome sexual harassment. Such conduct has
included, but is not limited to, unwanted verbal sexual advances;
unwanted sexual touching; conditioning the terms and conditions
of women's tenancy on the granting of sexual favors; entering the
apartment of women tenants without permission or notice;
threatening and taking steps to evict or take other adverse
action against female tenants and prospective tenants when they
refused or objected to his sexual advances; and refusing to
permit women tenants to have overnight guests or imposing extra
rental fees and restrictions on such guests while not placing
such restrictions on overnight guests of male tenants.
- The conduct of Defendant Claiborne described above
constitutes:
- A denial of housing or making housing unavailable
because of sex, in violation of Section 804(a) of
the Fair Housing Act, 42 U.S.C. § 3604(a);
- Discrimination in the terms, conditions, or
privileges of the rental of dwellings, or in the
provision of services or facilities in connection
therewith, because of sex, in violation of Section
804(b) of the Fair Housing Act, 42 U.S.C. § 3604(b);
- The making of statements with respect to the
rental of dwellings that indicate a preference,
limitation, or discrimination based on sex, in
violation of Section 804(c) of the Fair Housing
Act, 42 U.S.C. § 3604(c); and
- Coercion, intimidation, threats, or interference
with persons in the exercise or enjoyment of, or
on account of their having exercised or enjoyed,
their rights under Section 804 of the Fair Housing
Act, in violation of Section 818 of the Fair
Housing Act, 42 U.S.C. § 3617.
- The conduct of Defendant Claiborne 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 et
seq.; and
- A denial to a group of persons of rights granted
by the Fair Housing Act, 42 U.S.C. §§ 3601
et
seq., which denial raises an issue of
general public importance.
- Female tenants and persons associated with them have
been injured by Defendant's discriminatory conduct. Such persons
are aggrieved persons as defined in 42 U.S.C. § 3602(i), and have
suffered damages as a result of Defendant Claiborne's conduct.
- Defendant Claiborne's conduct 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 Defendant Claiborne's discriminatory
practices violate the Fair Housing Act, as amended, 42 U.S.C.
§§ 3601 et seq.;
- Enjoins Defendant Claiborne, his agents, employees, and
successors, and all other persons in active concert or
participation with them from:
- Discriminating on account of sex against any
person in any aspect of the rental of a dwelling;
- Interfering with or threatening to take any action
against any person in the exercise or enjoyment of
rights granted or protected by the Fair Housing
Act, as amended; and
- Failing or refusing to take such affirmative steps
as may be necessary to restore, as nearly as
practicable, the victims of Defendant Claiborne's
past unlawful practices to the position they would
have been in but for the discriminatory conduct;
- Awards such damages as would fully compensate each
identifiable victim of Defendant Claiborne's discriminatory
housing practices for injuries caused by the Defendant
Claiborne's discriminatory conduct, pursuant to 42 U.S.C.
§ 3614(d)(1)(B);
- Awards punitive damages to each identifiable victim of
Defendant Claiborne's discriminatory housing practices, pursuant
to 42 U.S.C. § 3614(d)(1)(B); and
- Assesses a civil penalty against Defendant Claiborne in
order to vindicate the public interest, pursuant to 42 U.S.C.
§ 3614(d)(1)(C).
The United States further prays for such additional relief
as the interests of justice may require.
|
JOHN ASHCROFT Attorney General |
|
RALPH F. BOYD, Jr. Assistant Attorney General |
United States Attorney |
JOAN A. MAGAGNA Chief, Housing and Civil Enforcement Section |
MICHAEL HIRST Assistant United States Attoney United States Attorney's Office 501 I Street, Suite 10-100 Sacramento, CA 95814 Tel.: (916) 554-2700 Fax: (916) 554-2900 California Bar # _______ |
TIMOTHY J. MORAN RHONDA L. CAMPBELL Attorneys U.S. Department of Justice Civil Rights Division Housing & Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Tel.: (202) 305-2951 Fax (202) 514-1689 |
Document Filed: May 21, 2002