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1
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CONSENT DECREE
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EXTRACTED KEY WORDS
DEFENDANTS PRAIRIE TRAILS CONSENT DECREE FAIR HOUSING ACT CUNAT PRAIRIE TRAILS APARTMENTS FAIR HOUSING CONSTRUCTION DESIGN DISABILITIES TENANTS ILLINOIS MULTI-FAMILY DWELLINGS NOTIFICATION LETTER DISCRIMINATION ACCESSIBILITY FEATURES GROUND FLOOR UNITS COMPLAINT REACH RANGES CUNAT BROS STATE BANK LAND BANK LAND TRUST LIMITED PARTNERSHIP VIOLATIONS WOODSTOCK COMMON AREAS WHEELCHAIRS RETROFITS UNITED STATES ATTORNEY |
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No. 00 C 7603
CUNAT BROS., INC., McHENRY
STATE BANK LAND TRUST NO. 13019
AND 13020; AND PRAIRIE TRAILS
LIMITED PARTNERSHIP
Defendants.
__________________________________
CONSENT DECREE
The United States files this Consent Decree in the above-captioned
case, alleging violations of Section 804(f)(3)(C) of the Fair Housing
Act, 42 U.S.C. § 3604(f)(3)(C), as amended by the Fair Housing
Amendments Act of 1988, 42 U.S.C. §§ 3601-3619 ("the Act").
Cunat Bros., Inc.(Cunat) is the developer of the Prairie Trails
Apartments located at 411 Leah Lane in Woodstock, Illinois. McHenry
State Bank Land Trust No. 13019 and 13020 is the titleholder of the
Prairie Trails property. Prairie Trails Limited Partnership is the
beneficiary of the aforesaid land trust. The United States' Complaint
alleges that the defendants have engaged in a pattern or practice of
discrimination against persons with disabilities by failing to design
and construct the Prairie Trails Apartments with the features of
accessible and adaptable design set forth in 42 U.S.C.
§ 3604(f)(3)(C).
As of the date of this Decree, Cunat has completed 168 rental units in
four two-story buildings with no elevators. Of the 168 rental units,
all have or have had tenant occupants as of the date of this Decree.
There have been constructed in addition six three-story condominium
buildings without elevators. As set forth in , infra, construction on
the condominium buildings adjacent to the Prairie Trails Apartments
was pursuant to designs which comply with the Fair Housing Act.
Prairie Trails Apartments is a "covered multi-family dwelling" within
the meaning of the Act, 42 U.S.C. § 3604(f)(7)(A). In general, the Act
requires that, for buildings with four or more units, all units in
elevator buildings and all ground floor units in non-elevator
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2
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COMPLAINT
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EXTRACTED KEY WORDS
UNITED STATES PRAIRIE TRAILS DWELLINGS HOUSING ILLINOIS FAIR HOUSING ACT ATTORNEY FAIR HOUSING CIVIL RIGHTS DESIGN ACCESSIBILITY PRACTICES NORTHERN DISTRICT MCHENRY DISCRIMINATORY LAND TRUST ADAPTABILITY FEATURES COURT CUNAT BROS STATE BANK LAND ENFORCEMENT GROUND FLOOR VIOLATION FAILING COMMON PASSAGE PREMISES WHEELCHAIRS |
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
Civil Action No. 00 C 7603
CUNAT BROS., INC.; McHENRY
STATE BANK LAND TRUST
NO.13019 AND 13020; AND PRAIRIE
TRAILS LIMITED PARTNERSHIP,
Defendants
_______________________________
COMPLAINT
The United States, by its attorney, Scott R. Lassar, United States
Attorney for the Northern District of Illinois, 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. The court has jurisdiction over this action under 28 U.S.C.
1331, 28 U.S.C. § 1345 and 42 U.S.C. § 3614(a).
3. Prairie Trails Apartments (hereinafter referred to as "Prairie
Trails") are located on Leah Lane in Woodstock, Illinois. Prairie
Trails consists of four two-story non-elevator buildings with 168
rental units designed and constructed for first occupancy after
March 13, 1991.
4. Defendant Cunat Bros., Inc. is an Illinois corporation whose
principal place of business is in McHenry, Illinois, which is
within the Northern District of Illinois. Defendant Cunat Bros.,
Inc. was responsible for the development, construction, and rental
of residential dwellings at Prairie Trails.
5. Defendant McHenry State Bank Land Trust No. 13019 and 13020 is
located in McHenry, Illinois, which is within the Northern
District of Illinois. Defendant McHenry State Bank Land Trust No.
13019 and 13020 is the titleholder of the Prairie Trails property.
6. Defendant Prairie Trails Limited Partnership is the beneficiary of
the aforesaid land trust which holds title to the Prairie Trails
property.
7. The apartments at Prairie Trails are "dwellings" within the
meaning of 42 U.S.C. § 3602(b). All of the 84 ground floor units
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