R. Alexander Acosta
Assistant Attorney General
Steven H. Rosenbaum
Donna M. Murphy
S.E. Pietrafesa
Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section - NWB
950 Pennsylvania Ave
Washington, D.C. 20530
202-616-2217
202-514-1116 (fax)

Daniel G. Bogden
United States Attorney
Blaine T. Welsh
Civil Chief
333 Las Vegas Boulevard So.
Suite 5000
Las Vegas, NV 89101
702-388-6336
702-388-6787 - fax

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA



UNITED STATES OF AMERICA,

           Plaintiff,

Civil Action No.

v.

COMPLAINT

FALCON DEVELOPMENT COMPANY NO.
9501, LLC; RANCHO DEL REY, LP;
RANCHO SERENE, LLC; L.R. NELSON;
and HUNSAKER AND ASSOCIATES,

           Defendants.

________________________________

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. Rancho Del Rey, Rancho Serene, and Rancho Viejo Apartments (Ranchos or the subject properties) are apartment complexes located in Las Vegas, Nevada, in the District of Nevada.

  4. Rancho Del Rey Apartments (Del Rey) is a residential rental dwelling community located at 2701 North Decatur Boulevard in Las Vegas, Nevada. Del Rey consists of twelve non-elevator buildings containing 192 units, of which 96 are ground floor units.

  5. Rancho Serene Apartments (Serene) is a residential rental dwelling community located at 9405 South Eastern Avenue in Las Vegas, Nevada. Serene consists of fourteen non-elevator buildings containing 216 apartments, 108 of which are ground floor units.

  6. Rancho Viejo Apartments (Viejo) is a residential rental dwelling community located at 7885 West Flamingo Road in Las Vegas, Nevada. Viejo consists of twenty six non-elevator buildings containing 312 apartments, of which 172 are ground floor units.

  7. The Ranchos' 720 units are "dwellings" within the meaning of 42 U.S.C. § 3602(b).

  8. The Ranchos units were designed and constructed for first occupancy after March 13, 1991. These units are "covered multi-family dwellings" within the meaning of 42 U.S.C. § 3604(f)(7)(A).

  9. The 376 ground-floor units and the public use and common areas at the Ranchos are subject to the accessibility requirements of 42 U.S.C. § 3604(f)(3)(C).

    10. PARTIES

  10. Defendants Falcon Development Company No. 9501, LLC; Rancho Del Rey, LP; and Rancho Serene, LLC, whose principal places of business are in Las Vegas, Nevada, were the owners and developers of the subject properties.

  11. Defendant L.R. Nelson Consulting Engineers, Inc. (Nelson), whose principal place of business is in Las Vegas, Nevada, was the site engineer for Rancho Viejo and Rancho Serene Apartments.

  12. Defendant Hunsaker and Associates (Hunsaker), whose principal place of business is in Las Vegas, Nevada, was the site engineer for Rancho Del Rey.

    13. FAIR HOUSING ACT PATTERN OR PRACTICE CLAIM

  13. Defendants violated 42 U.S.C. § 3604(f)(3)(C) by failing to design and construct the covered dwelling units and common use and public use areas in the subject properties in such a manner that: the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; and all premises within such dwellings contain the following features of adaptive design: thermostats in accessible locations; and usable bathrooms such that an individual in a wheelchair can maneuver about the space.

  14. Defendants, through the actions described in the paragraph above, have:

    1. Discriminated in the rental of, or otherwise made unavailable or denied, dwellings to persons because of handicap, in violation of 42 U.S.C. § 3604(f)(1);

    2. Discriminated against persons in the terms, conditions, or privileges of the rental of a dwelling, or in the provision of services or facilities in connection with the rental of 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 requirements mandated by 42 U.S.C. § 3604(f)(3)(C).

  15. Defendants' conduct 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.

  16. Defendants' conduct described above was intentional, willful, and taken in disregard for the rights of others.

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

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

  2. Enjoins defendants, their officers, employees, agents, successors, and all other persons in active concert or participation with any of them, from:

    1. Failing or refusing, to the extent possible, to bring the dwelling units and public use and common use areas at the subject properties into compliance with the requirements of 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 the defendants' unlawful practices to the position they would have been in but for the discriminatory conduct; and

    3. Failing or refusing to design and construct any covered multi-family dwellings in the future in compliance with the requirements set forth in 42 U.S.C. § 3604(f)(3)(C).

  3. Awards appropriate monetary relief, pursuant to 42 U.S.C. § 3614(d)(1)(B) to fully compensate each person aggrieved by defendants' discriminatory conduct for their injuries.


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



    John Ashcroft
    Attorney General


    ______________________________
    R. Alexander Acosta
    Assistant Attorney General

    Daniel G. Bogden
    United States Attorney
    District of Nevada


    _______________________
    Blaine T. Welsh
    Civil Chief
    Attorney
    333 Las Vegas Blvd. S.
    Suite 5000
    Las Vegas, Nevada 89101
    702-388-6336
    702-388-6787 (fax)     		______________________________
    Steven H. Rosenbaum
    Chief, Housing & Civil
    Enforcement Section


    ______________________________
    Donna M. Murphy
    Deputy Chief
    S.E. Pietrafesa
    Trial Attorney
    U.S. Department of Justice
    Civil Rights Division
    Housing & Civil Enforcement
    Section - NWB
    950 Pennsylvania Avenue
    Washington, D.C. 20530
    202-616-2217
    202-514-1116 (fax)


    Document Filed: August 26, 2004