UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Plaintiff,
vs.
CANAL STREET APARTMENTS, JAMES
AULD, LORNA AULD, AULD
INVESTMENT PROPERTIES, ROBERT
STEWART, STEWART MILES &
ASSOCIATES,
Defendants.
__________________________
AMENDED COMPLAINT
The United States of America alleges:
1. 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 Act 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).
2. This court has jurisdiction over this action under 28 U.S.C.
1345 and 28 U.S.C. § 3614(a).
3. Venue is proper in that the claims alleged herein arose in the
District of Idaho.
4. Canal Street Apartments ("Canal St. Apts.") are multifamily
dwellings located in Boise, Idaho, in the District of Idaho.
5. Canal St. Apts. consist of six multifamily buildings with 24
covered ground floor dwelling units, located at 2440, 2450, 2460,
2470, 2480, and 2490 Canal Street, Boise, Idaho.
6. Canal St. Apts. was designed and constructed for first occupancy
after March 13, 1991. The 24 ground floor units at Canal St. Apts.
are dwellings within the meaning of 42 U.S.C. § 3602(b).
7. Each of the 24 ground floor units at Canal St. Apts. 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).
8. Defendants James Auld, Lorna Auld, and Auld Investment Properties,
(hereinafter "Aulds") were at times relevant herein the
contractors who were responsible for the construction of Canal St.
SNIPPETS:
UNITED STATES DISTRICT COURT
CANAL STREET APARTMENTS, JAMES AULD, LORNA AULD, AULD INVESTMENT PROPERTIES, ROBERT STEWART,
The United States of America alleges:
This action is brought by the United States to enforce the provisions of Title VIII of the
It is brought on behalf of the Intermountain Fair Housing Act Council pursuant to Section
Venue is proper in that the claims alleged herein arose in the District of Idaho.
Canal Street Apartments ("Canal St. Apts.") are multifamily dwellings located in Boise,
The 24 ground floor units at Canal St. Apts.
Defendants James Auld, Lorna Auld, and Auld Investment Properties, were at times relevant
at times relevant to the allegations of this complaint.
Defendant Stewart was responsible for the design of the common areas and the dwelling units
The Intermountain Fair Housing Council, formerly known as the Idaho Fair Housing Council, is
was not designed and constructed in accordance with the accessibility requirements of the
was designed and constructed in violation of the Fair Housing Act and to pursue a complaint
Based on information gathered in the investigation, the Secretary, pursuant to 42 U.S.C. §
Accordingly, on January 29, 2001, the Secretary issued a Charge of Discrimination pursuant to
Ground floor units contain features of adaptive design, including but not limited to the
and close the door; providing reinforcement in the walls at the tub and water closet to permit the
The discriminatory actions of Defendants were intentional, willful and taken in disregard for
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