IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
C 01-00324 SI
HILLTOWNE APARTMENTS;
LARRY POLICK;
BSR REALTY, INC.;
TIM A. SHARROCK; and
JOSEPH PERRY,
Defendants.
______________________________
COMPLAINT
DEMAND FOR JURY TRIAL
The United States alleges:
- This action is brought by the United States on behalf of
Brian Crump and Jeanette Crump, and their minor children Brian
Crump Jr. and Brandie Crump; and Gean Toms, and her minor
children Rayvon Toms (1) and Bruce Hayes, pursuant to Section 812(o)
of the Fair Housing Act (Title VIII of the Civil Rights Act of
1968), as amended, 42 U.S.C. § 3612(o).
- Jurisdiction: This Court has jurisdiction over this
action under 28 U.S.C. § 1345 and 42 U.S.C. § 3612(o).
- Brian Crump and Jeanette Crump and their minor children
Brian Crump Jr. and Brandie Crump are residents of the Northern
District of California.
- Gean Toms and her minor children Rayvon Toms and Bruce
Hayes are residents of the Northern District of California.
- Intradistrict Assignment: The subject property is a 52-unit apartment complex located at 1220, 1238, and 1252 Walpert
Street in Hayward, California. Hayward is located in Alameda
County, in the Northern District of California.
- The subject property is a dwelling within the meaning of
42 U.S.C. § 3602(b).
- At all times relevant to this complaint, Defendant
Hilltowne Apartments, a California limited partnership, was the
legal owner of the subject property.
- At all times relevant to this complaint, Defendant Larry
Polick was the general partner of Defendant Hilltowne Apartments.
- At all times relevant to this complaint, Defendant BSR
Realty, Inc. was the property management company for the subject
property.
- At all times relevant to this complaint, Defendant Tim
A. Sharrock was the property manager for the subject property.
- At all times relevant to this complaint, Defendant
Joseph Perry was an on-site manager of the subject property.
- The subject property contains a swimming pool that is
in a common area of the property.
- On or about May 4, 1992, Defendants instituted new
swimming pool rules ("the Pool Rules") at the subject property
that required all children aged fourteen or younger to be
supervised by a parent at all times, and required such children
to be out of the pool area by 5:00 p.m. on Monday through Friday
and by 6:00 p.m. Saturday and Sunday, even if supervised by a
parent. The pool remained open to adults several hours later on
both weekdays and weekends.
- Defendants enforced the Pool Rules for much of the 1992
swimming season.
- While the Pool Rules were in effect, Defendants
selectively enforced these rules against black children,
including Brian Crump Jr., Rayvon Toms, and Bruce Hayes, by
ordering black children to leave the pool when supervised by an
adult who was not a parent, but allowing white children to swim
without parental supervision and to swim after hours.
- Even after the Pool Rules were revised to remove the
time limitations on children's use and to change the requirement
that a "parent" supervise a child to a requirement that an
"adult" supervise a child, Defendants continued to order black
children, including Brian Crump Jr., Rayvon Toms, and Bruce
Hayes, to leave the pool when supervised by an adult who was not
a parent, but allowed white children to use the pool even when
not supervised by a parent.
- Beginning in approximately June 1992, and continuing
through the summer of 1993, several black and Hispanic tenants
from the subject property contacted Eden Council for Hope and
Opportunity ("ECHO") about the discriminatory swimming pool rules
and unequal treatment of black children.
- Jeanette Crump, as well as other tenants of the subject
property, also complained about the Pool Rules and their
selective enforcement to the management of the subject property,
including Defendant Tim A. Sharrock. Defendant Tim A. Sharrock's
response, on several occasions in 1992 and 1993, was to tell
tenants to move out of the complex if they did not like his
enforcement of the Pool Rules.
- On a number of occasions during 1992 and 1993,
Defendants treated black tenants, including Brian Crump, Jeanette
Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms,
and Bruce Hayes, differently from other tenants on the basis of
race and color. Such treatment included, but was not limited to,
following and photographing black children, asking black children
to pick up papers around the complex, and using racial epithets
toward black children and their parents.
- On or about March 9, 1993, Brian Crump and Jeanette
Crump filed a timely complaint with the U.S. 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). The
original March 1993 complaint alleges that Defendants
discriminated in housing against Brian Crump, Jeanette Crump, and
their minor children Brian Crump Jr. and Brandie Crump, by
imposing different terms and conditions of residency on them
because of their race and familial status, and by making, or
causing to be made, statements with respect to residency that
indicate a limitation or preference based on race and familial
status.
- On or about March 23, 1993, Gean Toms filed a timely
complaint with HUD pursuant to 42 U.S.C. § 3610(a). The
complaint alleges that Defendants discriminated in housing
against Gean Toms and her minor children Rayvon Toms and Bruce
Hayes, by imposing different terms and conditions of residency on
them because of their race and familial status, and by making, or
causing to be made, statements with respect to residency that
indicate a limitation or preference based on race and familial
status.
- On or about July 16, 1993, Brian Crump and Jeanette
Crump received a 30-Day Termination of Tenancy.
- Defendants issued the 30-Day Termination of Tenancy in
retaliation for Brian Crump's and Jeanette Crump's exercising
their rights and their minor children's rights under the Fair
Housing Act.
- Pursuant to the requirements of 42 U.S.C. §§ 3610(a)
and (b), the Secretary of HUD conducted and completed an
investigation of the complaints filed against Defendants,
attempted conciliation without success, and prepared a final
investigative report. Based on the information gathered in the
investigation, the Secretary, pursuant to 42 U.S.C. § 3610(g)(1),
determined that reasonable cause existed to believe that
discriminatory housing practices occurred. Accordingly, on or
about February 24, 1995, HUD issued two Charges of Discrimination
against Defendants, reflecting HUD's determination that
reasonable cause existed to believe that Defendants discriminated
against Brian Crump, Jeanette Crump, Brian Crump Jr., Brandie
Crump, Gean Toms, Rayvon Toms, and Bruce Hayes on the basis of
familial status.
- On or about June 1, 1995, the HUD Administrative Law
Judge issued an Order granting the HUD Secretary's motion to
dismiss the two charges without prejudice. The two complaints
were referred back to the HUD Office for Fair Housing and Equal
Opportunity for further investigation and reconsideration of the
determinations of no reasonable cause on the basis of race.
- On or about January 29, 1997, Brian Crump and Jeanette
Crump amended the complaint they had filed with HUD to include an
allegation that Defendants had retaliated against Brian Crump,
Jeanette Crump, Brian Crump Jr., and Brandie Crump for exercising
their rights under the Fair Housing Act.
- On November 1, 2000, HUD issued new Charges of
Discrimination against Defendants, reflecting HUD's determination
- after reconsideration, further investigation, and further
conciliation attempts - that reasonable cause existed to believe
that Defendants discriminated against Brian Crump, Jeanette
Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms,
and Bruce Hayes on the basis of race and familial status, and
that Defendants discriminated against Brian Crump, Jeanette
Crump, Brian Crump Jr., and Brandie Crump by retaliating against
them.
- On November 28, 2000, Brian and Jeanette Crump and Gean
Toms made timely elections to have the Charges resolved in a
civil action filed in federal district court, pursuant to 42
U.S.C. § 3612(a).
- On December 4, 2000, following this Election of
Judicial Determination, the Secretary of Housing and Urban
Development authorized the Attorney General to commence a civil
action, pursuant to 42 U.S.C. § 3612(o).
- Defendants, through the actions described in paragraphs
12-23 above, have:
- coerced, intimidated, threatened, or interfered
with one or more persons in the exercise or enjoyment
of, or on account of their having exercised or enjoyed,
or on account of their having aided or encouraged any
other person in the exercise or enjoyment of, their
rights under 42 U.S.C. §§ 3604(b) and (c), in violation
of 42 U.S.C. § 3617;
- discriminated in the terms, conditions, or
privileges of rental of a dwelling, or in the provision
of services or facilities in connection with the rental
of a dwelling, because of race, color, and familial
status, in violation of 42 U.S.C. § 3604(b); and
- made, printed, or published, or caused to be made,
printed, or published, a notice or statement 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).
- Brian Crump and Jeanette Crump and their minor children
Brian Crump Jr. and Brandie Crump, and Gean Toms and her minor
children Rayvon Toms and Bruce Hayes, are aggrieved persons, as
defined in 42 U.S.C. § 3602(i), and have suffered damages as a
result of Defendants' discriminatory conduct described above.
- Defendants' discriminatory actions were intentional,
willful and taken in disregard for the rights of Brian Crump,
Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon
Toms, and Bruce Hayes.
WHEREFORE, the United States prays that this Court enter an
ORDER that:
- Declares that the discriminatory housing practices of
Defendants as set forth violate the Fair Housing Act, as amended,
42 U.S.C. §§ 3601-3619;
- Enjoins the Defendants, their agents, employees,
successors, and all other persons in active concert or
participation with any of them from discriminating because of
race, color, or familial status against any person in any aspect
of the rental of a dwelling, and from coercing, intimidating,
threatening, or interfering with any person because of his or her
exercise or enjoyment of his or her rights under the Fair Housing
Act, or his or her aid or encouragement to any other person
exercising such rights;
- Awards such damages as would fully compensate Brian
Crump, Jeanette Crump, Brian Crump Jr., Brandie Crump, Gean Toms,
Rayvon Toms, and Bruce Hayes for injuries caused by Defendants'
discriminatory conduct, pursuant to 42 U.S.C. §§ 3612(o)(3) and
3613(c)(1); and
- Awards punitive damages to Brian Crump, Jeanette Crump,
Brian Crump Jr., Brandie Crump, Gean Toms, Rayvon Toms, and Bruce
Hayes pursuant to 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.
|
JANET RENO Attorney General |
ROBERT S. MUELLER, III (CSBN 59775) United States Attorney M.D. Georgia |
BILL LANN LEE Assistant Attorney General Civil Rights Division |
GAIL KILLEFER (CSBN 157248) Chief, Civil Division 450 Golden Gate Avenue, 10th floor San Francisco, CA 94102 Tel: (415) 436-6996 Fax: (415) 436-6748 |
JOAN A. MAGAGNA Chief, Housing & Civil Enforcement Section |
|
TIMOTHY J. MORAN Deputy Chief, Housing and Civil Enforcement Section DEBORAH A. GITIN (MA 645126) Attorney, Housing and Civil Enforcement Section Civil Rights Division Department of Justice P.O. Box 65998 Washington, DC 20035-5998 Tel: (202) 305-2020 Fax: (202) 514-1116 |
1. Although Rayvon Toms is now twenty-one years old, he was
a minor at all times relevant to this complaint, and was
a minor when Gean Toms' initial claim was filed with the
U.S. Department of Housing and Urban Development (HUD) on
his behalf. The United States will therefore refer to
Rayvon Toms as Gean Toms' "minor child" throughout this
complaint.
Document Filed: January 18, 2001