UNITED STATES OF AMERICA,
     Plaintiff,

v.

Civil Action No.

RAINTREE ASSOCIATES LTD.
PARTNERSHIP;
FALCON CONSTRUCTION SERVICES;
J. LAMONT LANGWORTHY;
FALCON ENGINEERING SERVICES; and
RAINTREE VILLAGE HOMEOWNERS
ASSOCIATION, INC.
     Defendants.)

_______________________________________

COMPLAINT

The United States of America alleges:

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. Raintree Village is a residential dwelling complex located at 7570 W. Flamingo Road in Las Vegas, Nevada. Raintree Village is comprised of 16 buildings containing 124 units, including 62 ground-floor units.

4. Raintree Village's 124 units are "dwellings" within the meaning of 42 U.S.C. § 3602(b).

5. The units in buildings 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, and 16 at Raintree Village were designed and constructed for first occupancy after March 13, 1991. These buildings are "covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604 (f)(7)(A).

6. The 46 ground-floor units in buildings 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, and 16 at Raintree Village are subject to the accessibility requirements of 42 U.S.C. § 3604(f)(3)(C).

7. Defendant Raintree Associates Limited Partnership was the developer for Raintree Village. Defendant Raintree Associates Limited Partnership conducted business in Las Vegas, Nevada.

8. Defendant Falcon Construction Services, Inc., whose principal place of business is in Las Vegas, Nevada, was the builder of Raintree Village.

9. Defendant J. Lamont Langworthy, whose principal place of business is in Las Vegas, Nevada, designed Raintree Village.

10. Defendant Falcon Engineering Services, whose principal place of business is in Las Vegas, Nevada, provided the civil engineering services for and designed Raintree Village.

11. Defendant Raintree Village Homeowners Association, Inc. represents the homeowners at Raintree Village. It is incorporated and has its principal place of business in Las Vegas, Nevada.

12. Defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services have 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; (e) there are reinforced walls for the later installation of grab bars; and (e) there are usable and barrier-free kitchens and bathrooms.

13. Defendants, Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services, through actions referred to in paragraph 12, above, have:
    1. Discriminated in the sale, or otherwise made unavailable or denied, dwellings to buyers because of handicap, in violation of 42 U.S.C. § 3604(f)(1);

    2. 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

    3. Failed to design and construct dwellings in compliance with the accessibility and adaptability features mandated by 42 U.S.C. § 3604 (f)(3)(C).

14. The conduct of defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services 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.

15. Persons who may have been the victims of the discriminatory housing practices by defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services are aggrieved persons as defined in 42 U.S.C. § 3602(i) and may have suffered injuries as a result of defendants' conduct described above.

16. The conduct by defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services described above was intentional, willful, and taken in disregard for the rights of others.

17. Defendant Raintree Village Homeowners Association, Inc. controls access to the common and public use areas of the subject property and is a necessary party for complete relief.

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

1. Declares that the policies and practices of defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services as alleged herein, violate the Fair Housing Act;

2. Enjoins defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services, their 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 Raintree Village 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, to restore the victims of unlawful practices by defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services 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 discriminatory housing practices of defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services for injuries resulting from these defendants' discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);

4. Assesses a civil penalty against defendants Raintree Associates Limited Partnership, Falcon Construction Services, Inc., J. Lamont Langworthy, and Falcon Engineering Services as authorized by 42 U.S.C. § 3614(d)(1)(C), in order to vindicate the public interest; and

5. Enjoins Raintree Village Homeowners Association, Inc. to allow access to the common and public use areas of the subject property so that any retrofits required to bring the complex into compliance with the accessibility provisions of the Fair Housing Act can be made.

The United States further prays for such additional relief as the interests of justice may require.

	John Ashcroft Attorney General
	Ralph F. Boyd Assistant Attorney General Civil Rights Division
Daniel G. Bogden 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 Winifred Kao Attorneys 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 27, 2002