UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
v.
Case CIV-01- 0078-S-BLW
VIRGINIA L. VANDERPOOL, V.L.V.
COMPANY, L.L.C., V.L.
VANDERPOOL COMPANY, INC., T&J
PROPERTIES, L.L.C., and
PINNACLE ENGINEERS,
Defendants.
____________________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States to enforce
the provisions of Title VIII of the Civil Rights Act of 1968 (the
Fair Housing Act), as amended by the Fair Housing Amendments Act
of 1988, 42 U.S.C. §§ 3601-3619. It is brought on behalf of the
Intermountain Fair Housing Council pursuant to Section 812(o) of
the Fair Housing Act ("the Act"), as amended, 42 U.S.C. §
3612(o), as well as pursuant to Section 814(a) of the Act,
42 U.S.C. § 3614(a).
- This court has jurisdiction over this action under 28
U.S.C. § 1345 and 28 U.S.C. § 3614(a).
- Venue is proper in that the claims alleged herein arose
in the District of Idaho.
- Baycrest Village ("Baycrest") are multifamily dwellings
located in Caldwell, Idaho, in the District of Idaho.
- Baycrest consist of four buildings without elevators,
each with more than four dwellings, located at 2705 and 2709
Wildwood Circle and 2714 and 2718 Arlington Avenue, Caldwell,
Idaho. There are a total of 18 ground floor units in the four
buildings.
- Baycrest was designed and constructed for first
occupancy after March 13, 1991. The 18 ground floor units at
Baycrest are dwellings within the meaning of 42 U.S.C. § 3602(b).
- Each of the 18 ground floor units at Baycrest is a
"covered multifamily dwelling" within the meaning of 42 U.S.C. §
3604(f)(7)(B) and is subject to the design and construction
requirements set forth at 42 U.S.C. § 3604(f)(3)(C).
- Defendant V.L.V. Company, L.L.C. ("V.L.V.") is a limited
liability company formed under the laws of the State of Idaho.
Defendant V.L.V. was at times relevant herein a contractor who
was responsible for the construction of Baycrest. Defendant
V.L.V.'s principal place of business is in Caldwell, Idaho.
- Defendant T&J Properties, L.L.C. ("T&J Properties") is a
limited liability company formed under the laws of the State of
Idaho. Defendant T&J Properties was the owner of Baycrest at
times relevant to the allegations of this complaint. Defendant
T&J Properties has its principal place of business in Caldwell,
Idaho.
- Defendant V.L. Vanderpool Company, Inc. ("V.L.
Vanderpool Co.") is a corporation formed under the laws of the
State of Idaho. Defendant V.L. Vanderpool Co. was at times
relevant herein the managing member of Defendant T&J Properties.
Defendant V.L. Vanderpool has its principal place of business in
Caldwell, Idaho.
- Defendant Virginia L. Vanderpool was at times relevant
to the allegations of this complaint the President of Defendant
V.L. Vanderpool and acted on behalf of Defendant V.L. Vanderpool
as a managing member of Defendant T&J Properties. Also,
Defendant Virginia L. Vanderpool was at times relevant to the
allegations of this complaint a managing member of Defendant
V.L.V. Defendant Virginia Vanderpool resides in Caldwell, Idaho.
- Defendant Pinnacle Engineering, Inc. ("Pinnacle") is a
corporation formed under the laws of the state of Idaho.
Defendant Pinnacle was responsible for the design of the common
areas and the dwelling units at Baycrest. Defendant Pinnacle is
a civil engineering company whose principal place of business is
in Meridian, Idaho.
First Claim For Relief
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-12 above.
- The Intermountain Fair Housing Council, formerly known
as the Idaho Fair Housing Council, is a non-profit organization
that promotes fair housing throughout the State of Idaho.
- On or about June 15, 1998, the Intermountain Fair
Housing Council filed a timely complaint with the United States
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), alleging that Defendants discriminated in housing
because of handicap. In its complaint, the Intermountain Fair
Housing Council alleged that its purpose of eliminating
discrimination had been frustrated and its resources diverted
from other activities because Baycrest was not designed and
constructed in accordance with the accessibility requirements of
the Fair Housing Act.
- The Intermountain Fair Housing Council diverted
resources from its other activities to investigate whether
Baycrest was designed and constructed in violation of the Fair
Housing Act and to pursue a complaint concerning Baycrest with
HUD.
- Pursuant to the requirements of 42 U.S.C.
§§ 3610(a) & (b), the Secretary of Housing and Urban Development
conducted and completed an investigation of the complaint filed
by the Intermountain Fair Housing Council, 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 January 16, 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 January 25, 2001, Defendants Virginia L.
Vanderpool, V.L.V., V.L. Vanderpool Co., and T&J Properties
elected to have the Charge resolved in a civil action filed in
federal district court, pursuant to 42 U.S.C. § 3612(a).
- On January 25, 2001, the Chief Administrative Law Judge
issued a Notice of Election of Judicial Determination and
terminated the administrative proceeding on the complaint filed
by the IFHC.
- Following this Notice of Election, the Secretary of
Housing and Urban Development authorized the Attorney General to
commence a civil action, pursuant to 42 U.S.C. § 3612(o).
- The defendants have failed to design and construct
Baycrest so that:
- the public use and common use portions are readily
accessible to and usable by individuals with disabilities,
including but not limited to:(i) providing an accessible
route from parking and other pedestrian arrival points to
the covered dwelling units at 2705 Wildwood, 2714 Arlington
and 2718 Arlington, and (ii) providing an accessible route
into the rental office/manager's unit;
- ground floor units contain features of adaptive
design, including but not limited to the following: (i) an
accessible route into the four covered dwelling units at
2709 Wildwood; (ii) in all 18 covered ground-floor
dwellings, kitchens and bathrooms such that an individual
using a wheelchair can maneuver about the space.
- The defendants, through the actions referred to in the
preceding paragraph, have:
- Discriminated in the rental, or otherwise made
unavailable or denied, dwellings to persons because of
handicap, in violation of 42 U.S.C. § 3604(f)(1);
- 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
- Failed to design and construct dwellings in
compliance with the accessibility and adaptability features
mandated by 42 U.S.C. § 3604(f)(3)(C).
- The Intermountain Fair Housing Council is an aggrieved
person, as defined in 42 U.S.C. § 3602(i), and has suffered
damages as a result of the Defendants' conduct described above.
- The discriminatory actions of Defendants were
intentional, willful and taken in disregard for the rights of
the Idaho Fair Housing Council and others.
Second Claim For Relief
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-12, and 21-24, above.
- The conduct of the defendants described in paragraph 21
constitutes:
- 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
- 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.
- Persons who have been the victims of the defendants'
discriminatory housing practices are aggrieved persons as defined
by 42 U.S.C. § 3602(i) and may have suffered injuries as a result
of the defendants' conduct described above.
WHEREFORE, the United States prays that the court enter an
order that:
- Declares that the defendants' policies and practices, as
alleged herein, violate the Fair Housing Act;
- Enjoins the defendants, their officers, employees,
agents, successors and all other persons in active concert or
participation with any of them, from:
- Failing or refusing to bring the 18 ground-floor
units and public use and common use areas at Baycrest into
compliance with 42 U.S.C. § 3604(f)(3)(C);
- Failing or refusing to take such affirmative steps
as may be necessary to restore, as nearly as practicable,
the victims of the defendants' unlawful practices to the
position they would have been in but for the discriminatory
conduct; and
- Designing or constructing covered multifamily
dwellings in the future that do not contain the
accessibility and adaptability features required by
42 U.S.C. § 3604(f)(3)(C);
- Awards such damages as would fully compensate each
person aggrieved by the defendants' discriminatory housing
practices, including the Intermountain Fair Housing Council, for
injuries resulting from the defendants' discriminatory conduct,
pursuant to 42 U.S.C. §§ 3612(o)(3), 3613(c)(1),and 42 U.S.C. § 3614(d)(1)(B);
- Awards punitive damages to each person aggrieved by the
defendants' discriminatory housing practices, including the
Intermountain Fair Housing Council, because of the intentional
and willful nature of the defendants' conduct, pursuant to
42 U.S.C. §§ 3612(o)(3), 3613(c)(1), and 42 U.S.C.
§ 3614(d)(1)(B);
- Assesses a civil penalty against each defendant in an
amount 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 |
BETTY A. RICHARDSON United States Attorney |
WILLIAM R. YEOMANS Acting Assistant Attorney General |
D. MARC HAWS Civil Chief Forst Insterstate Center 877 W. Main Street Suite 201 Boise, Idaho 83703 (208) 334-1211 |
JOAN A. MAGAGNA Chief, Housing and Civil Enforcement Section |
|
TIMOTHY J. MORAN Deputy Chief THOMAS J. KEARY Trial Attorney U.S. Department of Justice Civil Rights Division Housing & Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 202-514-4752 |
Document Filed: February 23, 2001