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1
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AMENDED COMPLAINT
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EXTRACTED KEY WORDS
DEFENDANTS DWELLING FAIR HOUSING ECHO BAY CONDOMINIUMS ECHO BAY HEERS DESIGN CONSTRUCTION AVIATA APARTMENTS EASTGATE APARTMENTS MESA VERDE FAIR HOUSING ACT GROUND-FLOOR DISCRIMINATORY COMPLAINT UNITED STATES NEVADA INLAND EMPIRE BUILDERS ACCESSIBILITY PURSUANT PRACTICES VIOLATION HEERS FAMILY TRUST CIVIL RIGHTS RESIDENTIAL DWELLINGS SALE MARK MORTENSON HANDICAP |
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
v.
INLAND EMPIRE BUILDERS, INC.;
THE HEERS FAMILY TRUST;
CHARLES M. HEERS;
MARILYN C. HEERS; ERIC MILLER;
ECHO BAY CONDOMINIUM OWNERS
ASSOCIATION; and
GEORGE F. TIBSHERANY,
Defendants.
_____________________________________
PLAINTIFF UNITED STATES' FIRST AMENDED COMPLAINT
JURY DEMAND
The United States of America alleges:
1. This action is brought 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.
Jurisdiction And Venue
2. This Court has jurisdiction over this action under 28 U.S.C.
1345 and 42 U.S.C. § 3614(b).
3. Venue is proper in that the claims alleged herein arose in Clark
County, Nevada.
Parties
4. Defendant Inland Empire Builders, Inc. is a Nevada corporation
whose principal place of business is located in Las Vegas, Nevada.
Defendant Inland Empire Builders, Inc. is responsible for the
design, development, construction, and sale or rental of
residential dwellings at Echo Bay Condominiums, Aviata Apartments,
Eastgate Apartments, and Mesa Verde Apartments.
5. Defendant The Heers Family Trust is a trust with its principal
place of business in Encinitas, California. Defendant The Heers
Family Trust is responsible for the design, development,
construction, and sale or rental of residential dwellings at Echo
Bay Condominiums.
6. Defendant Charles M. Heers is the president of Inland Empire
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2
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CONSENT ORDER
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EXTRACTED KEY WORDS
SETTLING UNITED STATES HEERS FAMILY TRUST APARTMENTS INLAND EMPIRE BUILDERS ACCESSIBILITY MODIFICATIONS FAIR HOUSING CHARLES ERIC MILLER MARILYN CONSENT ORDER GROUND-FLOOR UNITS PARTIES ENTRY TENANTS MESA VERDE APARTMENTS AVIATA APARTMENTS EASTGATE APARTMENTS VINTAGE APARTMENTS ECHO BAY CONDOMINIUMS COVERED MULTIFAMILY DWELLINGS DISABILITIES FAIR HOUSING ACT PLAINTIFF UNITED STATES UNITED STATES DISTRICT CONSTRUCTION LITIGATION OWNERS ASSOCIATION FIRST AMENDED COMPLAINT |
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
MARK MORTENSON,
Plaintiff-Intervenor,
v.
INLAND EMPIRE BUILDERS, INC.,
THE HEERS FAMILY TRUST,
CHARLES M. HEERS,
MARILYN C. HEERS, ERIC MILLER,
GEORGE F. TIBSHERANY,
and ECHO BAY CONDOMINIUM
OWNERS ASSOCIATION,
Defendants.
__________________________________________
CONSENT ORDER BETWEEN PLAINTIFF UNITED STATES AND DEFENDANTS INLAND
EMPIRE BUILDERS, INC., THE HEERS FAMILY TRUST, CHARLES M. HEERS, AND
ERIC MILLER
1. This Consent Order is entered into between Plaintiff United States
and Defendants Inland Empire Builders, Inc., The Heers Family
Trust, Charles M. Heers, Marilyn C. Heers, and Eric Miller
(hereinafter collectively referred to as "Settling Defendants").
Plaintiff-Intervenor Mark Mortenson and Defendants George F.
Tibsherany and Echo Bay Condominium Owners Association are not
parties to this Order.
2. On January 15, 1999, the United States filed its First Amended
Complaint alleging, in part, that Defendants Inland Empire
Builders, Inc., The Heers Family Trust, Charles M. Heers, Marilyn
C. Heers, and Eric Miller engaged in a pattern or practice of
discrimination on the basis of disability by: (1) failing to
design and construct Aviata Apartments (2121 East Warm Springs
Road), Eastgate Apartments (3055 South Nellis Boulevard), Echo Bay
Condominiums (2725 South Nellis Boulevard), and Mesa Verde
Apartments (6335 Annie Oakley Drive) in Las Vegas, Nevada with the
features of accessible and adaptable design set forth in the Fair
Housing Act ("FHA"), 42 U.S.C. § 3604(f)(3)(C), and Fair Housing
Accessibility Guidelines ("FHAG"), 56 Fed. Reg. 9472; and (2)
thereby making housing unavailable to persons with disabilities at
the aforementioned Complexes in violation of the Fair Housing Act,
42 U.S.C. § 3604(f)(1). Subsequent discovery has led the United
States to allege that Defendants Inland Empire Builders, Inc., The
SNIPPETS:
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3
.
CONSENT ORDER - TIBSHERANY
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EXTRACTED KEY WORDS
UNITED STATES HOUSING DESIGN ACT EMPLOYEES ACCESSIBILITY FAIR HOUSING APARTMENTS DISABILITIES COVERED MULTIFAMILY DWELLINGS CONSENT ORDER AGENTS CIVIL ENTRY LAS VEGAS CONSTRUCTION COURT AVIATA APARTMENTS HEERS ACCESSIBILITY GUIDELINES VIOLATION AMERICANS DEFENDANT GEORGE VINTAGE APARTMENTS FHA FHAG COUNSEL CIVIL RIGHTS ATTORNEYS |
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
v.
INLAND EMPIRE BUILDERS, INC.;
THE HEERS FAMILY TRUST;
CHARLES M. HEERS;
MARILYN C. HEERS; ERIC MILLER;
ECHO BAY CONDOMINIUM OWNERS
ASSOCIATION; and
GEORGE F. TIBSHERANY,
Defendants.
_____________________________________
CONSENT ORDER BETWEEN PLAINTIFF UNITED STATES AND DEFENDANT GEORGE F.
TIBSHERANY
1. This Consent Order is entered into between Plaintiff United States
and Defendant George F. Tibsherany (doing business as George F.
Tibsherany, Inc.) with respect only to Aviata Apartments (2121
East Warm Springs Road) and Vintage Apartments (8321 West Sahara)
in Las Vegas, Nevada. The remaining Defendants are not parties to
this Order.
2. On January 15, 1999, the Court ordered the filing of the United
States' First Amended Complaint alleging, in part, that Defendant
Tibsherany engaged in a pattern or practice of discrimination on
the basis of disability by: (1) failing to design and construct
part of Aviata Apartments with the features of accessible and
adaptable design set forth in the Fair Housing Act ("FHA"), 42
U.S.C. § 3604(f)(3)(C), and Fair Housing Accessibility Guidelines
("FHAG"), 56 Fed. Reg. 9472; and (2) thereby making housing
unavailable to persons with disabilities at part of Aviata
Apartments in violation of the Fair Housing Act, 42 U.S.C.
3604(f)(1). Defendant Tibsherany represents that he only provided
architectural design services for Phase 1 of Aviata Apartments,
consisting of 376 total units. Subsequent discovery has revealed
that Defendant Tibsherany also designed Vintage Apartments (for
Defendants Inland Empire Builders, Inc., The Heers Family Trust,
Charles M. Heers and Marilyn C. Heers), which the United States
alleges does not comply with all the features of accessible and
adaptable design set forth in the FHA and FHAG.
3. Aviata Apartments and Vintage Apartments were designed and
constructed for first occupancy after March 13, 1991. The
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