UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
* * *
UNITED STATES OF AMERICA,
Plaintiff,
v.
MEADOWS APARTMENTS LIMITED
PARTNERSHIP,
MARY GENE McDONALD,
MARY GENE McDONALD FAMILY
LIMITED PARTNERSHIP,
IRENE SMITH, and
TRACEY A. McDONALD,
Defendants.
____________________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States on behalf of Robert Lillegard and Joaquina Lillegard and their minor child, Paola, 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).
- Meadows Apartments is a 110-unit apartment complex located at 105 East Prater Way, Sparks, Nevada, within the District of Nevada. The buildings at Meadows Apartments are dwellings within the meaning of 42 U.S.C. §3602(b).
- At all times relevant to the complaint, defendant Mary
Gene McDonald Family Limited Partnership has been an owner of
Meadows Apartments. Defendant Mary Gene McDonald Family Limited
Partnership is a limited partnership that does business within
the District of Nevada.
- At all times relevant to the complaint, defendant Mary
Gene McDonald has been an owner of Meadows Apartments and the
General Partner in Mary Gene McDonald Family Limited Partnership.
Defendant Mary Gene McDonald is an individual with responsibility
for management of Meadows Apartments.
- At all times relevant to the complaint, defendant
Meadows Apartments Limited Partnership has been the entity with
management responsibility for the Meadows Apartments. Defendant
Meadows Apartments Limited Partnership is a limited partnership
that does business within the District of Nevada.
- At all times relevant to the complaint, Defendant Irene
Smith has been the office manager for Meadows Apartments.
Defendant Irene Smith resides in the District of Nevada.
- At all times relevant to the complaint, Defendant Tracey
A. McDonald has been the resident agent and manager for Meadows
Apartments. Defendant Tracey A. McDonald resides in the District
of Nevada.
- Beginning in approximately July, 1997, Robert and
Joaquina Lillegard and their minor child, Paolo, lived in Meadows
Apartments in Sparks, Nevada.
- On or about March 2000 and continuing until
approximately December 2000, Defendants stated, adopted, and
enforced a policy at Meadows Apartments that imposed a limitation
on the use of facilities by persons under the age of eighteen
years, including Paolo Lillegard. Specifically, those rules:(1)
restricted use of common areas by forbidding access thereto to
occupants under the age of eighteen years; 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 one or more occasions in 2000, Defendants, through
oral and written admonishments to Robert Lillegard, Joaquina
Lillegard, and their minor child, Paolo, enforced the rules
against the Lillegards restricting the use of common areas by
occupants under the age of eighteen.
- On or about May 1, 2000, October 4, 2000, and August 6,
2001, Robert and Joaquina Lillegard filed, pursuant to the Fair
Housing Act, as amended, 42 U.S.C. §3610(a), housing
discrimination complaints with the United States Department of
Housing and Urban Development (HUD). In their complaints, the
Lillegards alleged that Defendants discriminated against them 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 their
minor child's access to the facilities within the apartment
complex.
- 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 September 6, 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 September 27, 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).
- Robert and Joaquina Lillegard and their minor child,
Paolo, 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 robert Lillegard, Joaquina
Lillegard, and their minor child, 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.
DANIEL G. BOGDEN
United States Attorney
GREG ADDINGTON
Assistant United States Attorney
100 West Liberty Street, Suite 600
Reno, NV 89509
Telephone: (775)784-5438
Document Filed: October 22, 2001