UNITED STATES OF AMERICA,
     Plaintiff,

v.

CV-S-01-0226-PMP-PAL

PACIFIC PROPERTIES AND
DEVELOPMENT CORPORATION,
     Defendant.

________________________________

The United States of America alleges:

1. 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 (Fair Housing Act), 42 U.S.C. §§ 3601-3619.

2. This Court has jurisdiction over this action under 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).

3. Pacific Adagio (Adagio) is a residential rental dwelling community located at 7703 Vegas Drive in Las Vegas, Nevada, and is comprised of 42 buildings containing 282 units, 114 of which are located on the ground floor.

4. Pacific Carlisle (Carlisle) is a residential rental dwelling community located at 10250 N. Covington Cross Drive in Las Vegas, Nevada. Pacific Carlisle is comprised of 42 buildings containing 110 units, 94 of which are ground-floor units.

5. Pacific Deerfield Condominiums (Deerfield) is a residential condominium dwelling community located at 9901 Trailwood Drive in Las Vegas, Nevada. When completed, Pacific Deerfield will consist of 41 buildings containing 222 units, 58 of which will be ground-floor units.

6. Pacific Legends East (Legends) is a residential condominium community located at 1405 S. Nellis Boulevard in Las Vegas, Nevada, and is comprised of 24 buildings containing 219 units, 96 of which are located on the ground floor.

7. All of the units at Adagio, Carlisle, Deerfield, and Legends were designed and constructed after March 13, 1991.

8. All of the residential units at Adagio, Carlisle, Deerfield, and Legends are "dwellings" within the meaning of 42 U.S.C. § 3602(b).

9. All of the ground floor units at Adagio, Carlisle, Deerfield, and Legends are "covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604 (f)(7)(A).

10. All of the ground-floor units at Adagio, Carlisle, Deerfield, and Legends are subject to the accessibility requirements of 42 U.S.C. § 3604(f)(3)(C). 11. Defendant Pacific Properties and Development Corporation is the developer and builder of Adagio, Carlisle, Deerfield, and Legends, whose principal place of business is located in Las Vegas, Nevada. Defendant Pacific Properties and Development Corporation is responsible for the ownership, design, development, and construction of the residential dwellings at Adagio, Carlisle, Deerfield, and Legends. 12. The Defendant has violated 42 U.S.C. § 3604(f)(3)(C) by failing to design and construct these dwellings in such a manner that: (a) there are accessible building entrances on accessible routes; (b) the public use and common use portions of such dwellings are readily accessible to, and usable by, individuals with disabilities; (c) all doors are accessible by individuals with disabilities; (d) the environmental controls are at an accessible height; and (e) there are usable and barrier-free kitchens and bathrooms.

11. The defendant, through actions referred to in paragraph 12, above, has:
    1. Failed to design and construct dwellings in compliance with the accessibility and adaptability features mandated by 42 U.S.C. § 3604 (f)(3)(C); and

    2. Made dwellings unavailable to persons because of handicap, in violation of 42 U.S.C. § 3604(f)(1).

12. The conduct of the defendant described above constitutes:
    1. 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

    2. 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.

13. Persons who may have been the victims of the defendant's discriminatory housing practices are aggrieved persons as defined in 42 U.S.C. § 3602(i) and may have suffered injuries as a result of defendant's conduct described above.

14. The defendant's conduct described above was intentional, willful, and taken in disregard for the rights of others.

WHEREFORE, the United States prays that the Court enter an order that:

1. Declares that defendant's policies and practices, as alleged herein, violate the Fair Housing Act;

2. Enjoins the defendant, its officers, employees, agents, successors and all other persons in active concert or participation with any of them, from:
   1. Failing or refusing to bring the dwelling units and public use and common use areas at Adagio, Carlisle, Deerfield, and Legends into compliance with 42 U.S.C. § 3604(f)(3)(C);

   2. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of defendant's unlawful practices to the position they would have been in but for the discriminatory conduct; and

   3. Designing or constructing any covered multi-family dwellings in the future that do not contain the accessibility and adaptability features set forth in 42 U.S.C. § 3604(f)(3)(C);

3. Awards such damages as would fully compensate each person aggrieved by the defendant's discriminatory housing practices for their injuries resulting from defendant's discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);

4. Awards punitive damages to each person aggrieved by the defendant's discriminatory housing practices because of the intentional and willful nature of the defendant's conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and

5. Assesses a civil penalty against the defendant as 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
	William R. Yeomans Acting Assistant Attorney General Civil Rights Division
Kathryn E. Landreth United States Attorney District of Nevada	Joan A. Magagna Chief, Housing and Civil Enforcement Section
Blaine T. Welsh Assistant United States Attorney 333 Las Vegas Boulevard S. Suite 5000 Las Vegas, Nevada 89101 702-388-6336	Timothy J. Moran Deputy Chief S.E. Pietrafesa Attorney United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 202-616-2217

Document Filed: February 28, 2001