IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Plaintiff,
v.
COLTS PRIDE HOMEOWNERS
ASSOCIATION; BRYAN SChEFF;
UNITED PROPERTY MANAGEMENT,
INC.; MICHAEL POGORKELSKY
Defendants.
____________________________________
COMPLAINT
The United States of America alleges:
- This action is brought by the United States on its own
behalf, and on behalf of Louis Scafuri and Lyudmila Scafuri
Gerasimova pursuant to 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.
- This Court has jurisdiction over this action under
28 U.S.C. § 1345 and 42 U.S.C. § 3614.
- Defendant Colts Pride Homeowners Association (the
Association) represents the homeowners at Colts Pride, a
development consisting of 250 single-family homes in Freehold,
New Jersey. It is incorporated and has its principal place of
business in the judicial District of New Jersey.
- Defendant Bryan Scheff is a resident in the judicial
District of New Jersey and is the President of the Association.
- Defendant United Property Management, Inc. is a New
Jersey corporation doing business in the judicial District of New
Jersey and is the managing agent for defendant Colts Pride
Homeowners Association.
- Defendant Michael Pogorkelsky is a resident in the
judicial District of New Jersey and is employed by defendant
United Property Management, Inc. as the managing agent for
defendant Colts Pride Homeowners Association.
- Louis Scafuri (Scafuri) and Lyudmila Scafuri Gerasimova
(Gerasimova) are husband and wife. In September 1998, Scafuri
and Gerasimova purchased a single-family home in Colts Pride at
40 Citation Drive, Freehold, New Jersey. This residence is a
dwelling within the meaning of the Fair Housing Act, 42 U.S.C.
§ 3602(b).
- Mr. Scafuri has pulmonary asbestosis, asbestos-related
pleural disease, and chronic "irritative" bronchitis. These
conditions severely restrict his ability to breathe and interfere
with his mobility. Mr. Scafuri is handicapped within the meaning
of the Fair Housing Act, 42 U.S.C. § 3602(h).
- During the summer of 1999, to help alleviate the
symptoms of his disability, Mr. Scafuri installed a window air
conditioning unit (window unit) in his home to supplement the
central air conditioning unit.
- Defendants informed Mr. Scafuri that window units were
prohibited by the Association's by-laws and his window unit must
be immediately removed. The by-laws cited by defendants state
that the Board of Trustees has the authority and obligation to
assure that Colts Pride at Freehold will always be maintained in
a manner:
- providing for visual harmony and soundness of repair;
- avoiding activities deleterious to aesthetic or property
values;
- furthering the comfort of the Homeowners, their guests,
invitees and lessees; and
- promoting the general welfare and safety of the
community.
- Mr. Scafuri informed defendants that because of his
disability, he needed supplemental air conditioning in his home.
Mr. Scafuri requested an accommodation to the Association's rules
in order to be able to breathe and walk more easily.
- On or about August 27, 1999, defendants denied Mr.
Scafuri's request for a reasonable accommodation and on September
1, 1999, began assessing fines against Scafuri and Gerasimova's
account.
- On or about June 16, 2000, Louis Scafuri filed with the
Department of Housing and Urban Development (HUD) a timely
complaint on behalf of himself pursuant to Section 810(a) of the
Fair Housing Act, as amended, 42 U.S.C. § 3610(a). On or about
September 5, 2000, his complaint was amended and his wife,
Gerasimova, was added as a party. The complaint alleges that
defendants have improperly refused to grant Mr. Scafuri a
reasonable accommodation necessary to allow Mr. Scafuri equal
opportunity to use and enjoy a dwelling.
- As required by Section 810(a) and (b) of the Fair
Housing Act, as amended, 42 U.S.C. §§ 3610(a) and (b), the
Secretary of HUD (hereinafter the "Secretary") has conducted an
investigation of the complaint, attempted conciliation without
success, and prepared a final investigative report. Based on the
information gathered in this investigation, the Secretary,
pursuant to 42 U.S.C. § 3610(g)(1), has determined that
reasonable cause exists to believe that a discriminatory housing
practice has occurred. Therefore, on August 2, 2001, the
Secretary issued a Charge of Discrimination pursuant to 42 U.S.C.
§ 3610(g)(2)(A), charging defendants with engaging in
discriminatory practices in violation of Section 804 of the Fair
Housing Act, as amended, 42 U.S.C. § 3604.
- On August 21, 2001, defendants elected to have the
charges resolved in a federal civil action pursuant to 42 U.S.C.
§ 3612(a).
- By requesting that defendants allow him to install a
window unit, Mr. Scafuri sought an accommodation that was
reasonable and necessary, on account of his handicap, to afford
him an equal opportunity to use and enjoy a dwelling. By
refusing to grant the requested accommodation, defendants have
violated 42 U.S.C. § 3604(f)(3)(B).
- Scafuri and Gerasimova are aggrieved persons and have
suffered damages as a result of defendants' conduct as described
herein.
- The discriminatory actions of defendants were
intentional, willful, and taken in disregard for the rights of
Scafuri and Gerasimova.
WHEREFORE, the United States prays that the Court enter an
ORDER that:
- Declares that the defendants' discriminatory housing
practices violate the Fair Housing Act, as amended, 42 U.S.C.
§§ 3601 et seq.;
- Enjoins defendants, their officers, agents, employees,
and successors, and all other persons in active concert or
participation with any of them, from refusing to grant a
reasonable accommodation to Scafuri and Gerasimova and requires
defendants to allow them to install a window air conditioning
unit to supplement the existing central air conditioning in their
home;
- Awards such damages as will fully compensate Scafuri and
Gerasimova for all injury occasioned by defendants' denial of
equal housing opportunity, pursuant to 42 U.S.C. §§ 3612(o)(3)
and 3613(c); and
- Awards punitive damages because of the intentional and
willful nature of defendants' conduct, 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.
|
JOHN ASHCROFT Attorney General |
CHRISTOPHER J. CHRISTIE United States Attorney |
RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division |
MICHAEL A. CHAGARES Assistant U.S. Attorney 970 Broad Street Suite 700 Newark, N.J. 07102 201.645.2700 |
JOAN A. MAGAGNA Chief, Housing and Civil Enforcement Section Division |
|
ISABELLE M. THABAULT Deputy Chief SUNNY PIETRAFESA Attorney U.S. Department of Justice
Civil Rights DivisionHousing and Civil Enforcement Section 950 Pennsylvania Ave, N.W. G Street Washington, D.C. 20006 202.616.2217 |
Document Filed: January 28, 2001.