UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
HALLMARK HOMES, INC.,
ARCHITECTS WEST, P.A., and
KEVIN W. JESTER,
Defendants.
__________________________________
COMPLAINT
DEMAND FOR JURY TRIAL
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. §§ 3601-3619. It is brought
on behalf of the Intermountain Fair Housing Council pursuant to
Section 812(o) of the Fair Housing Act ("the Act"), as amended,
42 U.S.C. § 3612(o), as well as pursuant to Section 814(a) of
the Act, 42 U.S.C. § 3614(a).
- This court has jurisdiction over this action under 28
U.S.C. § 1345 and 28 U.S.C. § 3614(a).
- Venue is proper in that the claims alleged herein arose
in the District of Idaho.
- The Creekside Meadows Apartments ("Creekside Meadows")
are multifamily dwellings located in Coeur d'Alene, Idaho, in
the District of Idaho.
- Creekside Meadows were designed and constructed for
first occupancy after March 13, 1991. Each apartment at the
Creekside Meadows is a dwelling within the meaning of 42 U.S.C.
§ 3602(b).
- Creekside Meadows consist of seven buildings located at
2200-2366 North 15th Street in Coeur d'Alene. Each building
consists of four dwelling units, with two single story dwelling
units and two multistory units. Therefore, there are a total of
twenty-eight dwelling units, fourteen multistory units and
fourteen ground floor units.
- Each of the fourteen ground units at Creekside Meadows
is a "covered multifamily dwelling" within the meaning of 42
U.S.C. § 3604(f)(7)(A) and is subject to the design and
construction requirements set forth at 42 U.S.C. §
3604(f)(3)(C).
- Defendant Kevin W. Jester resides in Coeur d'Alene,
Idaho.
- Defendant Hallmark Homes has its principal place of
business in Coeur d'Alene, Idaho.
- Defendant Architects West has its principal place of
business in Coeur d'Alene, Idaho.
- Defendant Hallmark Homes was the contractor for
Creekside Meadows and the project owner at the time the complex
was designed and constructed.
- Defendant Architects West is an Idaho corporation and
professional association. Architects West designed the dwelling
units and common areas at Creekside Meadows.
- Defendant Kevin W. Jester is a Director of Defendant
Architects West and the architect who designed the dwelling
units at Creekside Meadows.
First Claim For Relief
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-13 above.
- The Intermountain Fair Housing Council, formerly known
as the Idaho Fair Housing Council, is a non-profit organization
that promotes fair housing throughout the State of Idaho.
- On or about March 24, 1999, the Intermountain Fair
Housing Council filed a timely complaint with the United States
Department of Housing and Urban Development ("HUD") pursuant to
Section 810(a) of the Fair Housing Act, as amended, 42 U.S.C.
§ 3610(a), alleging that Defendants discriminated in housing
because of handicap. In its complaint, the Intermountain Fair
Housing Council alleged that its purpose of eliminating
discrimination had been frustrated and its resources diverted
from other activities because Creekside Meadows was not designed
and constructed in accordance with the accessibility
requirements of the Fair Housing Act.
- The Intermountain Fair Housing Council diverted
resources from its other activities to investigate whether
Creekside Meadows was designed and constructed in violation of
the Fair Housing Act and to pursue a complaint concerning
Creekside Meadows with HUD.
- Pursuant to the requirements of 42 U.S.C. §§ 3610(a) &
(b), the Secretary of Housing and Urban Development conducted
and completed an investigation of the complaint filed by the
Intermountain Fair Housing Council, 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 June 25, 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 July 23, 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).
- On July 24, the Chief Administrative Law Judge issued
a Notice of Election of Judicial Determination and terminated
the administrative proceeding on the complaint filed by the
IFHC.
- Following this Notice of Election, the Secretary of
Housing and Urban Development authorized the Attorney General to
commence a civil action, pursuant to 42 U.S.C. § 3612(o).
- The defendants have designed and constructed Creekside
Meadows in such a manner that:
- the public use and common use portions are not
readily accessible to and usable by individuals with
disabilities because of the following violations: (i) there
are two to four steps on the route to the entrances of
twelve of the fourteen covered units; (ii) exterior,
primary entry doors to all ground floor units have round
knob hardware; and (iii) there are no designated,
accessible parking spaces in the visitor/unassigned parking
area;
- doorways to the bedrooms and the master bathrooms
within the fourteen covered units are not sufficiently wide
to allow passage by persons with disabilities who use
wheelchairs; and
- the fourteen covered units have the following
deficiencies of adaptive design: (i) the entrance doorways
are inaccessible in that there is a 3/4 inch, unbeveled
threshold at the primary entrance door to each covered
unit; (ii) the thermostats are mounted too high at 61
inches above the finished floor; (iii) the bathroom walls
lack reinforcements to allow later installation of grab
bars; and (iv) the bathrooms are not usable by persons with
disabilities because the clear floor space at the lavatory
in the hall bathroom is not centered at the centerline of
the basin, and the lavatory is located in a vanity cabinet
that is non-removable.
- The defendants, through the actions referred to in the
preceding paragraph, have:
- Discriminated in the rental, or otherwise made
unavailable or denied, dwellings to renters because of
handicap, in violation of 42 U.S.C. § 3604(f)(1);
- Discriminated against persons in the terms,
conditions or privileges of rental of a dwelling, or in the
provision of services or facilities in connection with a
dwelling, because of handicap, in violation of 42 U.S.C. §
3604(f)(2); 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 Intermountain Fair Housing Council is an aggrieved
person, as defined in 42 U.S.C. § 3602(i), and has suffered
damages as a result of the Defendants' conduct described above.
- The discriminatory actions of Defendants were
intentional, willful and taken in disregard for the rights of
the Intermountain Fair Housing Council and others.
Second Claim For Relief
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-13, and 15-25, above.
- The conduct of the defendants described in paragraph
22 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 have been the victims of the defendants'
discriminatory housing practices are aggrieved persons as
defined by 42 U.S.C. § 3602(i) and may have suffered injuries as
a result of the defendants' conduct described above.
WHEREFORE, the United States prays that the court enter an
order that:
- Declares that the defendants' policies and practices,
as alleged herein, violate the Fair Housing Act;
- Enjoins the 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 fourteen ground-floor units and public use and common use areas at
Creekside 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 the defendants' unlawful practices to the
position they would have been in but for the discriminatory
conduct; and
- Designing or constructing covered multifamily
dwellings in the future that do not contain the
accessibility and adaptability features required by
42 U.S.C. § 3604(f)(3)(C);
- Awards such damages as would fully compensate each
person aggrieved by the defendants' discriminatory housing
practices, including the Intermountain Fair Housing Council, for
injuries resulting from the defendants' discriminatory conduct,
pursuant to 42 U.S.C. §§ 3612(o)(3), 3613(c)(1),and 42 U.S.C. § 3614(d)(1)(B);
- Awards punitive damages to each person aggrieved by the
defendants' discriminatory housing practices, including the
Intermountain Fair Housing Council, because of the intentional
and willful nature of the defendants' conduct, pursuant to
42 U.S.C. §§ 3612(o)(3), 3613(c)(1), and 42 U.S.C.
§ 3614(d)(1)(B);
- Assesses a civil penalty against each defendant in an
amount 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.
|
JOHN ASHCROFT Attorney General |
THOMAS E. MOSS Interm United States Attorney
|
RALPH F. BOYD, JR Assistant Attorney General Civil Rights Division |
NICHOLAS J. WOYCHICK 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 RIGEL C. OLIVERI 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 22, 2001.