UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROGER MATUSOFF RENTAL CO.;
ROGER MATUSOFF; REBECCA
MCCORD; PEGGY PENWELL; and
LONNIE PENWELL,
Defendants.
______________________________
AMENDED 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 et seq. It is brought on behalf of
Rebecca Grimm, Kenneth A. Devers, Jr., Denise Hatfield, Edward
Henry and Tamara Davis-Gales, 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 42 U.S.C. §§ 3612(o) and 3614(a).
- Defendant Roger Matusoff Rental Company ("Matusoff
Rental Company") is a rental company that leases apartments. It
owns three complexes in Ohio, including the seventy-two unit
Villa de Marquis apartment complex in Xenia, Ohio.
- Defendant Roger Matusoff is the managing agent and
owner of Matusoff Rental Company.
- Defendant Rebecca McCord is the manager of Matusoff
Rental Company and, as such, has responsibility for the Villa de
Marquis complex in Xenia, Ohio.
- Defendant Peggy Penwell is the former on-site co-manager of the Villa de Marquis complex in Troy, Ohio, which is
owned by Matusoff Rental Company. She was also the acting on-site co-manager of the Villa de Marquis complex in Xenia from
January 1997 through March 1997.
- Defendant Lonnie Penwell is the former on-site co-manager of the Villa de Marquis complex in Troy, Ohio. He was
also the acting on-site co-manager of the Villa de Marquis
complex in Xenia from January 1997 through March 1997.
- The apartments owned by Defendant Matusoff Rental
Company at the Villa de Marquis complex in Xenia, Ohio are
dwellings within the meaning of 42 U.S.C. § 3602(b).
- Rebecca Grimm is a white female who resides in
Springfield, Ohio. Kenneth A. Devers, Jr. is a white male who
resides in Akron, Colorado. They were employed by defendants as
on-site co-managers of the Villa de Marquis complex in Xenia,
Ohio from April 1997 through September 1997.
- Denise Hatfield is a white female who resides in
Xenia, Ohio. Edward Henry is an African-American male who
resides in Xenia, Ohio with Denise Hatfield. Tamara Davis-Gales
is an African-American female who resides in Xenia, Ohio.
- On or about August 11, 1997, Rebecca Grimm filed a
timely complaint alleging discrimination in housing on the basis
of race or color 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). In her complaint,
Ms. Grimm alleged that defendants engaged in unlawful
discrimination on the basis of race or color by interfering with
her right to aid other persons in the exercise of their rights
under the Fair Housing Act.
- On or about August 11, 1997, Kenneth A. Devers, Jr.
filed a timely complaint alleging discrimination in housing on
the basis of race or color 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). In his
complaint, Mr. Devers alleged that defendants engaged in unlawful
discrimination on the basis of race or color by interfering with
his right to aid other persons in the exercise of their rights
under the Fair Housing Act.
- On or about September 22, 1997, Denise Hatfield filed
a timely complaint alleging discrimination in housing on the
basis of race or color 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). In her
complaint, Ms. Hatfield alleged that defendants engaged in
unlawful discrimination on the basis of race or color by refusing
to rent to her and by discriminating in the terms of rental
occupancy.
- On or about September 22, 1997, Edward Henry filed a
timely complaint alleging discrimination in housing on the basis
of race or color 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). In his complaint,
Mr. Henry alleged that defendants engaged in unlawful
discrimination on the basis of race or color by refusing to rent
to him and by discriminating in the terms of rental occupancy.
- On or about August 11, 1997, Tamara Davis-Gales filed
a timely complaint alleging discrimination in housing on the
basis of race or color 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). In her
complaint, Ms. Davis-Gales alleged that defendants engaged in
unlawful discrimination on the basis of race or color by refusing
to rent to her and by discriminating in the terms of rental
occupancy.
- Pursuant to the requirements of 42 U.S.C. §§ 3610(a),
(b) & (f), the Secretary of HUD conducted and completed an
investigation of the complaints filed by Rebecca Grimm, Kenneth
A. Devers, Jr., Denise Hatfield, Edward Henry and Tamara Davis-Gales, 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 28, 1999, 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 October 25, 1999, defendants elected to
have their Charge resolved in a civil action filed in federal
district court, pursuant to 42 U.S.C. § 3612(a).
- Following the above elections, the Secretary of HUD
authorized the Attorney General to commence civil actions,
pursuant to 42 U.S.C. § 3612(o).
- From at least 1997, defendants had a policy of denying
apartments to African-American applicants. Defendants made
statements to Rebecca Grimm and Kenneth A. Devers, Jr.
instructing them that they did not want any more African-American
tenants to reside at the Villa de Marquis complex in Xenia.
Defendants additionally instructed Ms. Grimm and Mr. Devers to
racially identify the applications from African-Americans,
including by making a mark or notation on these applications, and
to take other actions in furtherance of defendants' policy.
- In June 1997, Denise Hatfield and Edward Henry sought
to rent an apartment at the Villa de Marquis complex in Xenia.
Defendants denied them an apartment because of Mr. Henry's race
or color.
- In July 1997, Tamara Davis-Gales sought to rent an
apartment at the Villa de Marquis complex in Xenia. Defendants
denied Ms. Davis-Gales an apartment because of her race or color.
- From at least 1994, defendants and their agents have
made statements and implemented policies providing that no
children are permitted to live in one bedroom apartments and no
more than one child can live in two bedroom apartments at the
Villa de Marquis complex in Xenia. These policies have prevented
families with children from renting apartments at the Villa de
Marquis.
COUNT I
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-21, above.
- Defendants, through the actions referred to in
paragraphs 19 through 21, have:
- refused to rent, or to negotiate for the rental of,
or otherwise made unavailable or denied, a dwelling
because of race or color, in violation of
42 U.S.C. § 3604(a);
- discriminated in the terms, conditions, or
privileges of rental of a dwelling because of race or
color, in violation of 42 U.S.C. § 3604(b);
- made, or caused to be made, statements with respect
to the rental of a dwelling that indicate a preference,
limitation or discrimination based on race or color, in
violation of 42 U.S.C. § 3604(c); and
- coerced, intimidated or interfered with any person
on account of his having aided or encouraged another
person in the exercise or enjoyment of any right
granted under this Act, in violation of 42 U.S.C. § 3617.
- Rebecca Grimm, Kenneth A. Devers, Jr., Denise
Hatfield, Edward Henry and Tamara Davis-Gales are aggrieved
persons, as defined in 42 U.S.C. § 3602(i), and have suffered
damages as a result of the defendants' conduct described above.
- The discriminatory actions of the defendants were
intentional, willful and taken in disregard for the rights of the
complainants Rebecca Grimm, Kenneth A. Devers, Jr., Denise
Hatfield, Edward Henry and Tamara Davis-Gales.
COUNT II
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-21 and 24-26,
above.
- The conduct of the defendants described in paragraphs
19-21, above, constitutes:
- a pattern or practice of resistance to the full
enjoyment of rights secured by Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, 42 U.S.C. § 3601 et seq.; and
- a denial to a group of persons of rights granted by
Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988,
42 U.S.C. § 3601 et seq., which denial raises an issue
of general public importance.
COUNT III
- Plaintiff re-alleges and herein incorporates by
reference the allegations set forth in paragraphs 1-18 and 22,
above.
- Defendants, through the actions referred to in
paragraph 22 above, have:
- refused to rent, or to negotiate for the rental of,
or otherwise made unavailable or denied, a dwelling
because of familial status, in violation of
42 U.S.C. § 3604(a);
- discriminated in the terms, conditions, or
privileges of rental of a dwelling because of familial
status, in violation of 42 U.S.C. § 3604(b); and
- made, or caused to be made, statements with respect
to the rental of a dwelling that indicate a preference,
limitation or discrimination based on familial status,
or an intention to make any such preference, limitation
or discrimination, in violation of 42 U.S.C. § 3604(c).
- The conduct of the defendants described in paragraph
22, above, constitutes:
- a pattern or practice of resistance to the full
enjoyment of rights secured by Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, 42 U.S.C. § 3601 et seq.; and
- a denial to a group of persons of rights granted by
Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988,
42 U.S.C. § 3601 et seq., which denial raises an issue
of general public importance.
- In addition to Rebecca Grimm, Kenneth A. Devers, Jr.,
Denise Hatfield, Edward Henry and Tamara Davis-Gales, there may
be other victims of defendants' discriminatory actions and
practices who are aggrieved persons as defined in
42 U.S.C. § 3602(i). All of these persons may have suffered
actual injury and damages as a result of the above actions and
practices.
- The discriminatory actions of the defendants
were intentional, willful and taken in disregard for the rights
of Rebecca Grimm, Kenneth A. Devers, Jr., Denise Hatfield, Edward
Henry and Tamara Davis-Gales, and the other victims of this
discrimination.
WHEREFORE, the United States prays that the court enter an
ORDER that:
- Declares that the discriminatory housing practices of
the defendants as set forth above violate the Fair Housing Act,
as amended, 42 U.S.C. §§ 3601 et seq.;
- Enjoins the defendants, their agents, employees,
successors, and all other persons in active concert or
participation with them from discriminating on the basis of race,
color or familial status against any person in any aspect of the
rental of a dwelling;
- Awards such damages as would fully compensate Rebecca
Grimm, Kenneth A. Devers, Jr., Denise Hatfield, Edward Henry and
Tamara Davis-Gales, for injuries caused by the defendants'
discriminatory conduct, pursuant to 42 U.S.C. §§ 3612(o)(3),
3613(c)(1) and 3614(d)(1)(B); and
- Awards punitive damages to Rebecca Grimm, Kenneth A.
Devers, Jr., Denise Hatfield, Edward Henry and Tamara Davis-Gales
pursuant to 42 U.S.C. §§ 3612(o)(3), 3613(c)(1) & 3614(d)(1)(B).
- Awards such actual damages as would fully compensate
each other identifiable victim of defendants' discriminatory
housing practices for the injury suffered as a result of these
discriminatory practices, pursuant to 42 U.S.C. § 3614(d)(1)(B);
- Awards punitive damages to each other identifiable
victim of defendants' discriminatory housing practices, pursuant
to 42 U.S.C. § 3614(d)(1)(B); and
- Assesses a civil penalty against the defendants in
order to vindicate the public interest, pursuant to
42 U.S.C. § 3614(d)(1)(C).
The United States further prays for such additional relief
as the interests of justice may require.
JANET RENO
Attorney General
BILL LANN LEE
Acting Assistant Attorney General
JOAN A. MAGAGNA
Chief, Housing and Civil Enforcement Section
ISABELLE M. THABAULT
Deputy Chief
ELLEN M. BOWDEN
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
Tel.: (202) 305-0835
SHARON J. ZEALEY
United States Attorney
200 W. 2nd Street
Room 602
Dayton, OH 45402
Tel.: (513) 684-3711