IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
United States of America,
Plaintiff,
v.
Sinforiano Ojeda
and
Adela Ojeda
Defendants.
______________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States to enforce
the Fair Housing Act, Title VIII of the Civil Rights Act of 1968,
as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
§§ 3601 - 3619 (hereinafter "The Fair Housing Act").
- This Court has jurisdiction over this action under
28 U.S.C. § 1345 and 42 U.S.C. § 3612.
- Venue is proper under 28 U.S.C. § 1391(b)(2) because a
substantial part of the events or omissions giving rise to the
claim occurred in this district and because the property that is
the subject of the action is situated in this district.
- Defendant Sinforiano Ojeda, also known as "Ralph"
Ojeda, and his wife, Defendant Adela Ojeda, ("Defendants") have
owned and managed the apartment building located at 7222 North
Damen from on or about July 16, 1997 to the present.
- The apartment building located at 7222 North Damen
Avenue, Chicago, Illinois, ("the Property) is a residential
rental property. The Property and the approximately forty-two
apartments it contains are dwellings within the meaning of
42 U.S.C. § 3602(b).
- Mae Rose Kelly, an African-American female, resided as
a tenant at the Property from approximately 1994 to November
1997.
- Patrick Cottrell, an African-American male, and Althea
Chambers, an African-American female, resided together as tenants
at the Property from approximately 1995 to October 1997. Althea
Chambers is also known as Althea Cottrell.
- The Leadership Council for Metropolitan Open
Communities ("Leadership Council") is a not-for-profit Illinois
corporation that promotes fair housing. Its mission is to
eradicate housing discrimination and segregation throughout the
Chicago metropolitan region.
- On or about July 27, 1998, Mae Rose Kelly filed,
pursuant to 42 U.S.C. § 3610(a), with the Secretary for Housing
and Urban Development ("the Secretary"), a complaint alleging
housing discrimination on the basis of race and color by
Sinforiano and Adela Ojeda.
- On or about July 30, 1998, Patrick Cottrell filed,
pursuant to 42 U.S.C. § 3610(a), with the Secretary a complaint
alleging housing discrimination on the basis of race and color by
Defendants Sinforiano and Adela Ojeda.
- On or about December 22, 1998, Patrick Cottrell
amended his complaint and added as a complainant Althea Chambers
(identified therein as Althea Cottrell). Althea Chambers and
Patrick Cottrell filed this amended complaint pursuant to
42 U.S.C. § 3610(a).
- On or about July 10, 1998, the Leadership Council for
Metropolitan Open Communities ("Leadership Council") filed,
pursuant to 42 U.S.C. § 3610(a), with the Secretary, a complaint
alleging housing discrimination on the basis of race and color by
Defendants Sinforiano and Adela Ojeda.
- Pursuant to the requirements of 42 U.S.C. §§ 3610(a)
and (b), the Secretary conducted an investigation of the
complaints, attempted conciliation without success, and prepared
a final investigative report. Based on the information gathered
in that investigation, the Secretary, pursuant to 42 U.S.C.
§ 3610(g)(1), determined that reasonable cause exists to believe
that discriminatory housing practices occurred with respect to
the complaints filed by Mae Rose Kelly, Patrick Cottrell and
Althea Chambers, and the Leadership Council. Therefore, on
March 28, 2000, the Secretary issued a Determination of
Reasonable Cause and Charge of Discrimination pursuant to
42 U.S.C. § 3610(g)(2)(A), charging Defendants Sinforiano and
Adela Ojeda with engaging in discriminatory housing practices in
violation of the Fair Housing Act.
- On or about April 19, 2000, complainants Mae Rose
Kelly, Patrick Cottrell, and the Leadership Council elected to
have the claims asserted in the Charge of Discrimination resolved
in a federal civil action pursuant to Section 812(a) of the Fair
Housing Act, 42 U.S.C. § 3612(a).
- On or about April 19, 2000, the Secretary authorized
the Attorney General to commence a civil action on behalf of Mae
Rose Kelly, Patrick Cottrell, Althea Chambers, and the Leadership
Council, pursuant to Section 812(o) of the Fair Housing Act,
42 U.S.C. § 3612(o).
- Since approximately July 16, 1997, when Defendants
Sinforiano and Adela Ojeda purchased the Property and at all
relevant times, Defendant Sinforiano Ojeda has functioned as the
day-to-day manager of the Property and as the agent of Defendant
Adela Ojeda.
- Defendants, during the time they have owned the
Property, have discriminated on the basis of race and color
against Mae Rose Kelly, Patrick Cottrell, Althea Chambers, and
the Leadership Council.
- Shortly after July 16, 1997, Defendants closed the
Property's garbage chute. This remained closed until at least
November 1997 and caused an infestation of roaches and other
pests in the building.
- Defendants' decision to close the garbage chute, and
deny this amenity to the tenants, was made on the basis of race.
On several occasions between July and at least November 1997,
when Property tenants asked Defendant Sinforiano Ojeda why the
garbage chute had been closed, Sinforiano Ojeda said that black
tenants were not "worthy" of garbage chutes.
- Between approximately July 27, 1997 and November 1997,
Defendant Sinforiano Ojeda came to the apartment of Mae Rose
Kelly in response to a maintenance request. During this visit,
Defendant Sinforiano Ojeda made statements indicating a
preference against the Property's black tenants and stating that
the Property's black tenants should not receive certain of the
Property's services and amenities. Defendant Sinforiano Ojeda
made statements indicating a clear preference, policy and intent
to limit and exclude black persons from residing at the Property.
- In approximately November 1997, Defendants evicted Mae
Rose Kelly.
- On several occasions after Defendants took over the
Property and during the tenancy of Patrick Cottrell, Defendant
Sinforiano Ojeda made statements to Patrick Cottrell indicating a
preference against the Property's black tenants and stating that
the Property's black tenants should not receive certain of the
Property's services and amenities. Defendant Sinforiano Ojeda
made statements to Patrick Cottrell indicating a clear
preference, policy and intent to limit and exclude black persons
from residing at the Property.
- In approximately October 1997, Defendants evicted
Patrick Cottrell, Althea Chambers, and their minor child.
- After receiving complaints regarding housing
discrimination at the Property, the Leadership Council conducted
a fair housing test at the Property in September 1997 to compare
the information provided and the services and treatment afforded
by Defendants to prospective renters of differing races. Testers
are persons who, without the intent to rent or buy a dwelling,
gather information about housing for rent or sale in order to
help determine whether discriminatory housing practices are
occurring.
- In the test conducted by the Leadership Council in
September 1997, Defendant Sinforiano Ojeda made statements
indicating a clear preference, policy and intent to limit and
exclude black persons, from residing at the Property; informed
the white tester of the greater availability of apartments than
the black tester; and encouraged the white tester but not the
black tester to apply to live at Defendants' property.
- Defendants Sinforiano and Adela Ojeda have
discriminated against Mae Rose Kelly, Patrick Cottrell, Althea
Chambers, and the Leadership Council on the basis of race and
color in connection with the rental of dwellings in violation of
the Fair Housing Act. Specifically, Defendants Sinforiano and
Adela Ojeda:
- 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 race, or color in
violation of the rights of Mae Rose Kelly, Patrick Cottrell,
Althea Chambers, and the Leadership Council under Section 804(b)
of the Fair Housing Act, 42 U.S.C. § 3604(b);
- Made, or caused to be made, statements with respect to
the sale or rental of a dwelling that indicate a preference,
limitation, or discrimination based on race or color in violation
of the rights of Mae Rose Kelly, Patrick Cottrell, Althea
Chambers, and the Leadership Council under Section 804(c) of the
Fair Housing Act, 42 U.S.C. § 3604(c); and
- Represented because of race or color that dwellings
were not available for inspection or rental when such dwellings
were in fact so available, in violation of the rights of the
Leadership Council under Section 804(d) of the Fair Housing Act,
42 U.S.C. § 3604(d).
- Defendant Adela Ojeda, as the co-owner of the Property,
at all relevant times knew or should have known of the
discriminatory conduct and statements of her agent, co-owner, and
husband Sinforiano Ojeda, but failed to take action to curtail
and/or prevent the discrimination, in violation of Sections
804(b), 804(c), and 804(d) of the Fair Housing Act, 42 U.S.C. §§
3604(b),(c), and (d).
- Complainants Mae Rose Kelly, Patrick Cottrell, Althea
Chambers, and the Leadership Council are aggrieved persons as
defined in Section 802(i) of the Fair Housing Act, 42 U.S.C.
§ 3602(i). They suffered actual injury and damages as a result
of Defendants' conduct and statements as described herein.
- 29.
- The conduct and statements of Defendants
Sinforiano and Adela Ojeda described herein were intentional,
willful, and taken in disregard for the rights of Mae Rose Kelly,
Patrick Cottrell, Althea Chambers, and the Leadership Council.
- Alternatively, the conduct and statements of
Defendant Adela Ojeda described herein was negligent with respect
to the rights of Mae Rose Kelly, Patrick Cottrell, Althea
Chambers, and the Leadership Council.
PRAYER FOR RELIEF
WHEREFORE, the United States prays that the Court enter an
order that:
- Declares that Defendants' conduct and statements, as
alleged herein, violate the Fair Housing Act, as amended,
42 U.S.C. §§ 3601 - 3619;
- Enjoins Defendants, their officers, employees, and
agents, and all other persons in active concert or participation
with any of them, from:
- Discriminating because of race or color against any
person in any aspect of the rental or sale of a dwelling;
- Failing or refusing to notify the public that dwellings
owned or operated by Defendants are available to all persons
on a nondiscriminatory basis;
- Failing or refusing to take such affirmative steps as
may be necessary to restore, as nearly as practicable, the
victims of Defendants' unlawful practices to the position
they would have been in but for the discriminatory conduct;
and
- Failing or refusing to take such affirmative steps as
may be necessary to prevent the recurrence of any
discriminatory conduct in the future and to eliminate, to
the extent practicable, the effects of Defendants' unlawful
housing practices.
- Awards such damages as would fully compensate Mae Rose
Kelly, Patrick Cottrell, Althea Chambers, and the Leadership
Council for injuries caused by Defendants' violations of the Fair
Housing Act, pursuant to 42 U.S.C. §§ 3612(o)(3) and 3613(c); and
- Awards punitive damages to Mae Rose Kelly, Patrick
Cottrell, Althea Chambers, and the Leadership Council for
Defendants' violations of the Fair Housing Act, pursuant to
42 U.S.C. §§ 3612(o)(3) and 3613(c);
The United States further prays for such additional relief
as the interests of justice may require.
JANET RENO,
ATTORNEY GENERAL
BILL LANN LEE,
Assistant Attorney General
JOAN A. MAGAGNA,
Chief, Housing and Civil Enforcement Section
ISABELLE M. THABAULT
Deputy Chief
ELIZABETH TUCCI
Attorney, Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington D.C. 20035-5988
(202) 353-9707
JOAN LASER
Assistant United States Attorney
SCOTT LASSER
United States Attorney
Northern District of Illinois