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7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 1/23
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COURT PAPER
State of Colifornia
Std,
113 Rev. 3-95
FE H
Automatod
FOL[SE)
B>L ., LOspMH
JON
M .
ICHINAGA
(#137290)
Chief
Counsel
NELSON CHAN (#109272)
Associate Chief Counsel
PAULA PEARLMAN (#109038)
Senior
Staff Counsel
JULIA
MONTGOMERY
(#184083)
Senior Staff
Counsel
DEPARTMENT OF FAIR EMPLOYMENT
A N D HOUSING
2218
Kausen
Drive, Suite 100
Elk Grove,
CA
95758
Telephone: (916)478-7251
Facsimile:
(888) 382-5293
Attomeys for Plaintiff, DFEH
(Fee
Exempt,
Gov. Code, § 6103)
IN
T H E
S U P E R I O R C O U R T
OF T H E S T A T E OF
C A L I F O R N I A
IN AND
F O R
T H E C O U N T Y OF
S A C R A M E N T O
DEPARTMENT OF FAIR EMPLOYMENT
A N D HOUSING, an
agency
ofthe
State of
Califomia,
Plaintiff,
vs.
BELFORT M A N A G E M E N T , INC., a Califomia
corporation; JOSETTE
BRUNO, an individual;
J.J. RIOS, an individual; and DOES ONE
through
THIRTY, inclusive.
Defendants.
STANLEY HUBBARD, ETHEL MOORE-
SILVERA,
JESSE M A X W E L L, and all other
similarly situated individuals,
Real Parties in Interest.
Case No.
C O M P L A I N T FOR C O M P E N S A T O R Y
D A M A G E S I N J U N C T I V E R E L I E F
AND
P U N I T I V E
D A M A G E S
F O R
H O U S I N G
D I S C R I M I N A T I O N
[Gov.
Code,
§
12955, subds.
(a) & (d); Civ.
Code, § 51 et seq.]
U N L I M I T E D
C I V I L
J U R I S D IC T I O N
(More than
25,000)
J U R Y T R I A L D E M A N D E D
Plaintiff DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ("DFEH"), alleges
the following
against defendants
BELFORT M A N AG EM E N T, INC., a Califomia corporation,
- 1 -
Dept. Fair
Empl. &
Hous.
v. Belfort
Management,
Inc.
(Hubbard,
et a .,
Real
Parties
in
Interest)
Complaint for
Compensatory
Damages, Injunctive Relief, and Punitive Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 2/23
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COURT PAPER
State
of
Califomta
Std. 113 Rov. 3*05
FE H Automatod
JOSETTE BRUNO, an individual, J.J. RIOS, an individual, and DOES O NE through
THIRTY,
inclusive, on behalf of Real Parties in Interest STANLEY H U B B A R D , ETHEL
MOORE-
SILVERA,
and
JESSE M A X W E LL
(real parties in interest) and all other
similarly
situated current
and
future
tenants
with
disabilities
at the real property that is the subject
o f this
action.'
P R E L I M I N A R Y
S T A T E M E N T
1. The State of
Califomia,
Department of Fair Employment and Housing brings this
case to address defendants' conduct related to the management of their apartment building.
Defendant Belfort Management, Inc., systematically and intentionally fails to accommodate tenants
with
disabilities and their guests by : (1)
failing
to ensure that the elevator in the
building
is regularly
operable; (2)
failing
to provide
tenants
who make
reasonable
accommodation requests for ground
level
apartments in order to
avoid
being trapped in upper
level
apartments because the elevator is
chronically and regularly not working; and (3) limiting
access
to the apartment building's elevator
by restricting access to the key that is required to operate the elevator. This case is brought to redress
this
disability
discrimination in violation of
Califomia
law and to ensure that real parties in interest
and other current or future
tenants
are not subjected to the
same illegal
practices,
including
retaliation
based on their complaints of
discrimination
P A R T I E S
2. Plaintiff DFEH is the Califomia
state
agency charged with enforcing the Fair
Employment and Housing A ct
(FEHA),
Govemment Code, sections 12900 et seq., and is authorized
by section 12981 to
file
civil complaints in its own
name
and on behalf of
real
parties in interest
aggrieved by discriminatory housing practices. DFEH's enforcement of the
FEHA
is in furtherance
of the public
policy
of the State of
Califomia
to protect the civil rights of Califomians and to end
discrimination in housing because of, inter alia,
disability.
3. At all times relevant to this complaint, the Real Parties in Interest Stanley Hubbard,
Ethel
Moore-Silvera, and
Jesse
Maxwell (collectively,
real parties in interest) were residents of
^ A l l
further
statutory references shall be to tlie Govemment Code unless otherwise noted.
-2 -
Dept.
Fair
Empl.
& Hous. v.
Belfort
Management, Inc. (Hubbard, et al, Real Parties
in
Interest)
Complaint
for
Compensatory Damages,
Injunctive Relief,
and
Punitive
Damages fo r Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 3/23
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COURT PAPER
Stato
of
Califomia
S ld . 113 Rev. 3-05
FE H Automatod
Belfort Arms Apartments, a three-story apartment building with approximately sixty (60) units
located at 3541
Whitney
Avenue,
Sacramento, Califomia
(the subject property). Real parties in
interest are each persons with a physical
disability,
as recognized by the FEHA. Specifically,
Govemment
Code
section 12926, subdivision
(m)(l) ,
holds,
in
pertinent part, that a physical
disability is a "physiological
disease,
disorder, condition . . . that. . . [ajffects one or more o f the
following
body
systems:
neurological... musculoskeletal, special sense
organs
[and] [IJimits a
major
life activit}' . . . ." Each real party is a "person"
within
the meaning of the FEHA, section
12927, subdivision (f), and 12955, subdivisions (a) and (d), and are "aggrieved persons" within the
meaning of
sections
12927, subdivision (g), and 12980, subdivision (a).
4. Defendant Belfort Management, Inc. (Belfort) is an active Califomia
corporation,
and
is
now and was, at times relevant to this complaint, an "owner" of a housing accommodation
pursuant to
sections
12927, subdivision (e), and 12955, subdivision (a), as
well
as a "person"
within
the meaning of sections 12927, subdivision (f), 12948, and 12955, subdivisions (c) and (d). Belfort
is a
"business
establishment" within the meaning of the Unruh
Civil
Rights A ct (Unruh
Act), Civil
Code section 51 et seq. Upon
information
and belief, Belfort
Management,
Inc. is the successor in
interest of Belfort Arms Apartments, Inc.
5. Defendant Josette Bruno
(Bmno),
an
individual,
was an on-site property
manager o f
the subject property during the relevant time period. At
all
times relevant to this complaint, Bruno
was a "managing agent" and thus, an "owner" of
a
housing accommodation pursuant to sections
12927, subdivision (e), and 12955, subdivision (a), as well as a "person" within the meaning of
sections
12927, subdivision
(f),
12948, and 12955, subdivisions (c) and (d).
6. Defendant J.J. Rios (Rios), an individual, is now and was the on-site property
manager
o f the subject property
during
the relevant
time period.
At
all
times relevant to this
complaint, Rios was a "managing
agent"
and thus; an "owner" of a housing accommodation
pursuant to
sections
12927, subdivision (e), and 12955, subdivision (a), as
well
as a "person"
within
the meaning of sections 12927, subdivision (f), 12948, and 12955, subdivisions (c) and (d).
-3 -
Dept. Fair
Empl.
&
Hous.
v.
Belfort
Management,
Inc.
{Hubbard,
et
al.,
Real
Parties
in Interest)
Complaint
for
Compensatory
Damages, Injunctive
Relief, and Punitive
Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 4/23
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COURT
PAPER
Stato
of
California
Std . 1 1 3 R e v . 3-gs
FE H Automated
7. The true
names of
defendants DOES
O NE
through THIR TY, inclusive, are unknown
at this time.
DFEH
sues these defendants by fictitious
names
pursuant to Code
of Civil
Procedure
section 474. The DFEH is ignorant o f the true names or capacities of the defendants sued as DOES
ONE
through
THIRTY
and
will
amend this complaint to allege their true
names
and capacities when
they are ascertained. Each
of
the
DO E
defendants is legally responsible
fo r
the injuries and
damages
alleged in this complaint.
8. The DFEH is informed and believes, and upon such infonnation and belief alleges
that at
all
times mentioned, each defendant is and was, in doing the things complained of, the owner,
agent,
representative, alter ego, successor in interest, and/or
manager
o f the subject
property,
of
Belfort Management, Inc., and was acting
within
the scope of such agency, service, employment,
and/or representation, and that each and every defendant
is
jointly and severally responsible and
liable
to the real parties and all other similarly situated current and fiiture tenants with disabilities at
the subject property that is the subject of this action for the damages alleged.
9. The DFEH brings this action on behalf o f itself and the group o f the named individual
Real Parties in Interest and
all
other similarly situated current and fiature tenants with disabilities
residing at the subject property.
P R O C E D U R A L H I S T O R Y A ND V E N U E
10. The DFEH re-alleges and incorporates by reference
each
allegation contained in
paragraphs 1 through 9, inclusive, as i f fully set forth herein.
11. This action arises under Govemment Code section 12955, subdivisions (a) and (d),
and the Unruh
Civil
Rights
Act, C ivil
Code section
5 1 .
Govemment Code section 12955,
subdivisions (a) and (d), provide that it is unlawful fo r an owner of any housing accommodation to
discriminate
against a person
because
of disability,
and any person subject to die provisions of
section
51 of
the
Civil
Code. The Unmh
Civil
Rights Ac t,-Givil Code section
51 ,
provides that
all
persons
within
the
jurisdiction
of this state are free and equal, and no matter what their
disability
are
entitled to the full and equal accommodations, advantages, facilities, privileges, or ser\'ices in all
business establishments
of
every kind whatsoever.
-4-
Depl.
Fair
Empl.
& Hous. v.
Belfort
Management, Inc. (Hubbard, et al., Real Parties in Interest)
Complaint
fo r
Compensatory Damages,
Injunctive
Relief, and Punitive
Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 5/23
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COURT PAPER
State
of
Catifomia
Std. 113 Rav. 3-95
FE H Automated
12. Operation of the subject property is
also
govemed by Govemment Code section
12955.1, subdivision (2), which provides in relevant part, that [a]ll covered multifamily dwellings
with
a
building entrance
on an
accessible
route shall be designed and constructed in a
manner
tliat
complies
with
all of the
following:
(A) The public and common
areas
are readily
accessible
to and
usable
by persons
with
disabilities." Section 12955.1 (b)(1) holds, [ f ] or
purposes
of Section
12955.1,
the
following definitions
shall apply: (a) "Covered multifamily
dwellings"
means both of
the
following:
(1)
Buildings
that consist of at
least four
condominium dwelling units or at
least three
rental apartment dwelling units i f the buildings
have
at
least
one elevator. For purposes o f this
definition, dwelling units
within
a single stmcture separated by firewalls do not constitute separate
buildings."
13. Venue is proper in this Court in that
Sacramento
County is the county in this state in
which the
unlawfiil
practices alleged were committed and the subject property is located in this
county.
14. The real
parties
in interest
filed
a
verified written
complaint
with
the Department on
June
11 ,
2013, alleging that
defendants Belfort
and Bmno committed
unlawfiil
housing
practices
in
violation of
the
FEHA
and Unmh Act
within
the preceding
year.
Their complaint was properly
served on Defendants.
15. On
June
10, 2014, a Director's Complaint was issued, alleging that
defendants
Belfort,
Bruno, and Rios committed
unlawful
housing
practices
in
violation
of
the
FEHA
and Unruh
Act.
(Cal.
Code of Regs., tit.
2, § 1047.) The Director's Complaint was properly served on
defendants.
16. A ll conditions
precedent
to the filing of this civil complaint were fulfilled, including
the requirement that the
DFEH
require all
parties
to participate in mandatory dispute resolution in
the DFEH's intemal dispute resolution free of
charge
in an effort to resolve the dispute
without
litigation.
(Gov. Code, §§ 12965, subd. (a)
«
12963.7.)
17. The harm that is the subject
of
this complaint occurred in
Sacramento
County.
Dept. Fair
Empl. &
Hous.
v.
Belfort
Management,
Inc.
(Hubbard, et
al.,
Real
Parties
in
Interest)
Complaint for Compensatory
Damages,
Injunctive Relief, and Punitive Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 6/23
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COURT
PAPER
Stato ofCalifomia
Std . 113 Rov. 3-95
FE H Automatod
court.
18. The amount of damages sought exceeds the
minimum jurisdictional
limits of this
F A C T U A L A L L E G A T I O N S
19.
DFEH
realleges and incorporates by reference
each
allegation contained in
paragraphs 1
through 18,
inclusive.
20. The subject property is a
sixty unit,
three-story apartment building with
approximately twenty units per floor. The Department is informed and believes that at all times
mentioned,
Cameron Razavi ("Owner") is and was the sole owner,
officer,
director, and shareholder
fo r
the corporation. Defendant
Belfort
Management,
Inc.,
and is the
agent for
service
o f
process
for
the corporations. The DFEH is
informed
and believes, and upon such
information
and belief alleges
that the subject property is marketed as a low-income housing property that attracts individuals who
cannot afford to live elsewhere.
2 1 . The subject property has one elevator, which, when operable or unrestricted by
management, is available for all tenants. The elevator is used to access the subject property's three
floors.
There is also an intemal staircase available for tenants who desire and are able to use the
stairs.
22. Many
elderly
tenants
and
tenants with
disabilities
live
at the subject property,
including
on the second and
third
floors of the
building.
Such
individuals
require the use of the
elevator to
access
their units or to enter or leave the building.
23 .
The subject property's lone elevator is
often
out
o f
order,
requiring elderly tenants
and
tenants with
disabilities to use its stairs. When the elevator is inoperable,
tenants with limited
mobility cannot leave their
homes
due to the dangers posed by using stairs. Moreover, when
tlie
elevator is
nonfunctioning,
tenants
residing
on the second and
third
floors are discouraged
from
inviting their disabled guests to the subject property.
24. The DFEH is informed and believes that defendant Belfort, by and through Owner
Razavi
and defendants Bmno and Rios, are aware that the
building's only
elevator is
often
not
operational.
The
DFEH
is
informed
and believes that defendants ignored requests to repair the
-6-
DepL
Fair
Empl.
& Hous. v.
Belfort
Management, Inc. (Hubbard,
et
al.,
Real Parties in Interest)
Complaint
fo r Compensatory Damages,
Injunctive Relief,
and
Punitive
Damages for Housing
Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 7/23
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COURT PAPER
State
of
California
Std . 113 Rev. 3.S5
FE H Automated
elevator and refiised reasonable requests by Real
Parties
in Interest and other tenants with disabilities
to fix
t,
or maintain it in working condition. The DFEH is informed and believes that it was not
until
the DFEH threatened to file suit to obtain an
injunction against
defendant Belfort that the inoperable
elevator received
limited
servicing. However, upon information and belief, to this day, the elevator is
often
out of operation.
Tenants Hubbard/Moore/Maxwell
25. Real parties in interest, M r. Hubbard, Ms. Moore, and M r. M axwell , were tenants of
and
roommates
at the subject property beginning around
December
2012 through November 2013.
M r. Hubbard and
Ms.
Moore were
partners
from 2009 to late 2014. M r.
Maxwell
is M r. Hubbard's
half-brother.
26.
M r.
Hubbard, Ms. Moore, and
M r. Maxwell
are disabled persons
as
defined by the
Fair Employment and Housing
Act,
Govemment Code section 12926. M r. Hubbard
has
degenerative back disease, neuropathy
in
both legs,
congestive heart failure, diabetes, liver failure,
torn
cartilage in his right knee, and high blood pressure. He sometimes uses a wheelchair for
mobility. Ms. Moore has Chronic Obstmctive Pulmonary Disease (COPD), severe arthritis in her
hands, arms and back, a
heart
murmur, diabetes, diabetic neuropathy in both legs, is partially
paralyzed in both
legs
and her
back,
the bones in her hand are
brittie
and she suffers
from
high blood
pressure.
Ms. Moore's disabilities affect her m obility. M r.
Maxwell
suffers from leg and back pain,
including
arthritis and the inability to bend one leg, back spasms, has a bullet lodged in his spine,
diabetes,
and high blood pressure. He walks with a cane and, at times, uses a wheelchair for
mobility.
27. Upon signing a month-to-month lease in October 2012, M r. Hubbard and Ms. Moore
disclosed their disabilities to the on-site
manager.
Defendant Bruno. They explained that due to their
physical disabilities, they needed a ground-level apartment. Ms. Bmno informed them that no • '
ground floor unit was available at that time but that one would
likely
become available. She assured
M r. Hubbard and Ms. Moore that she would move them into a ground floor unit before that
-7 -
Dept. Fair Empl.
&
Hous.
v.
Belfort
Management,
Inc. (Hubbard, et
al..
Real
Parties
in Interest)
Complaint
for
Compensatory
Damages,
Injunctive Relief, and Punitive
Damages for
Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 8/23
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COURT PAPER
State
of
Catifomia
Std. 113 Rev. 3-95
FE H Automated
Thanksgiving - Thursday, November 22, 2012.
M r.
Hubbard and
Ms.
Moore queried
Ms.
Bmno
about the subject property's elevator
who,
in
tum,
assured them that the elevator was fiinctional.
28. M r. Hubbard and
Ms.
Moore moved into unit 303, on the
third floor
of the subject
property, on October 27, 2012. When Thanksgiving arrived,
management
had not moved them as
promised and kept them on the
third floor
until
about May 2013.
M r.
Hubbard and
Ms.
Moore,
thereafter repeatedly
requested
a ground
floor
apartment.
M r. Maxwell
moved into the
saine
unit in
December 2012 with the Defendant Bruno's express permission.
29. Despite
repeated
requests and reminders, Defendant Bmno refused to move M r .
Hubbard,
Ms.
Moore, and
M r. Maxwell
to a ground
floor
apartment.
30. In or about
January
or Febmary 2013, Defendant Bmno
informed
M r. Hubbard, Ms.
Moore, and M r.
Maxwell
that unit 103, a ground
floor
apartment had
become
vacant and that they
could
move into the
unit.
Shortly after
M r.
Hubbard,
Ms.
Moore, and
M r. Maxwell
began
packing
their belongings to move into unit 103. However, when M r . Hubbard
asked
Defendant Bruno for
confirmation
of their move-in
date, Ms.
Bmno
informed
him that she had
chosen
to move "a
Mexican family, rather than M r. Hubbard, Ms. Moore and M r. M axwell , into unit 103.
3 1 . The DFEH is further informed and believes that M r. Hubbard, Ms. Moore, and Mr.
Maxwell
witnessed
numerous
individuals and
families
without disabilities being moved into ground
floor
apartments.
32. M r. Hubbard, Ms. Moore, and M r.
Maxwell
remained in their tliird floor apartment
after
being denied
access
to a ground level unit. Thereafter,
for
a period of at
least
sixty (60)
days,
M r.
Hubbard,
Ms.
Moore, and
M r. Maxwell
were unable to use the elevator
because
it was
inoperable.
33. On at
least
two additional
occasions,
in
January
and Febmary 2013, the elevator was
either inoperable or unavailable
for
use
for significant
lengths
of time.
34. The DFEH is
informed
and believes that during periods of
the
elevator's
inoperability. Defendant Rios posted
signs
stating that the elevator was "out of order." The DFEH is
fiirther informed
and believes that the elevator was in fact operational, but that the licensing fee had
Dept. Fair
Empl. &
Hous.
v.
Belfort
Management,
Inc.
(Hubbard, et
a l .
Real
Parties
in Interest)
Complaint
for
Compensatory
Damages,
Injunctive Relief, and Punitive Damages
for
Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 9/23
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COURT
PAPER
State of Califomia
Std . 113
Rev. 3-95
FE H Automated
not
been paid. During this "non-operational" period, M r. Hubbard, Ms. Moore, and M r.
Maxwell
observed management
unlocking
the elevator
for
younger and non-disabled tenants to move in and
out
o f
the
building.
35.
In or about
A pr i l
2013,
M r.
Hubbard was
in
Defendant Rios'
office
with
Defendant
Bruno, who was on the phone with the subject property's owner, Cameron Razavi. M r. Hubbard
overheard owner Razavi say to defendant Bmno, Tell them i f they don't
like
it they can move and
I l l f i ll it
right
back up," or words to that
effect.
36. Fmsfrated by defendant Bruno's
failure
to
keep
her promise, in
March
2013, Mr.
Hubbard
complained to the Department of
Housing
and Urban Development (HUD) alleging
disability
discrimination. Upon information and belief, a HUD representative contacted defendants
about defendant Hubbard's complaint. In or about
May
2013, a HUD representative infomied M r .
Hubbard that he would be
"moving
that day."
37. In early
May
2013, defendant Brano
told
M r. Hubbard, Ms. Moore, and M r.
Maxwell
that ground
floor unit
101 was available
for
move i n. She
fiirther
infonned them that they
only
had
two days to move
in
or someone
else
would get the apartment. M r. Hubbard asked to use the
elevator to move but Ms. Bmno said it was
broken.
Defendant Bmno falsely promised that the
maintenance man would help them move. He did not. The Real Parties in Interest were forced to
pack their belongings, hire
moving
help, and complete their move using the stairs within two days.
Further,
because
of the narrow
building hallways,
the real parties in interests' fiimiture had to be
lowered
over the rail from the third floor balcony, driven to the other side of the building with the
rental
tmck, and then lifted over the patio fence
in
order
to
enter each
item
into the
unit.
38. Defendants failed to clean or paint
unit
101
before the real parties moved
i n.
The
carpet smelled badly and was not replaced
until
November 2013, when
M r.
Hubbard
refiised
to pay
rent until it was changed.
39.
The DFEH is
further
informed and believes that M r. Hubbard, Ms. Moore, and M r .
Maxwell's disabilities were exacerbated by ascending and descending stairs several times per day
between Febmary 2013 and
June
2013.
-9-
Dept. Fair
Empl.
&
Hous.
v.
Belfort
Management, Inc. (Hubbard, et
al..
Real Parties in Interest)
Complaint for Compensatory Damages,
Injunctive
Relief, and Punitive
Damages
for Housing
Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 10/23
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COURT PAPER
Stato
ot
California
Std. 113 Rev. 3-95
FE H Automated
40 .
The
DFEH
is further
informed
and believes
alleges
that in about mid-June
2013,
the
elevator was
made
operational.
41. In
or about 2014,
M r.
Hubbard tore his meniscus and sought medical attention. The
DFEH
is
informed
and believes, and upon such
information
and
belief
alleges
that in or about this
same time, M r. Hubbard's doctor. Dr . Pessaran, told him that his tom meniscus was a direct result of
climbing stairs. The DFEH is further informed and believes that M r. Hubbard underwent knee
surgery, on June 13, 2014,
because of
the
damage caused from climbing
stairs. The
DFEH
is
furtiier
informed
and believes that as
a
result
of all
the
stair-climbing, M r.
Hubbard's
blood
pressure
soared
to
dangerously
high
levels.
42 . The
DFEH
is
informed
and believes that M s.
Moore
experienced
significant physical
disfress
because
she was relegated to climbing stairs when the subject property's elevator was
inoperable. The DFEH is
fiirther informed
and believes that
M s.
Moore experienced significant
emotional
distress as a direct result
o f having
to use stairs, rather than an elevator. He r
hands
became more impaired and lost significant manual dexterity because she had to carry groceries up
the stairs. Now she can no longer do housework, cook more than simple meals,
hold
books, crochet,
and enjoy other simple
pleasures of life. Ms.
Moore's doctor.
Dr . Pessaran, stated
that
failure
to
fransfer her to a
first floor unit would
cause increased shortness
of
breath
and joint
pain.
43 .
The DFEH is
informed
and believes that
in
or around November 2013, the subject
property's elevator was again out
o f service. Accordingly, M r. Maxwell
was forced to use the stairs.
While attempting to descend the
stairwell,
M r. Maxwell fell and sustained injuries. The DFEH is
informed and believes that the stairway's handrails were not adequately secured to its walls and
detached
when
used
by
tenants walking
up and
down
the
stairwell.
44. In
November
2013, M r. Maxell
and
M r.
Hubbard moved
from
the subject property.
M s.
Moore continues to
live
in-a ground
floor unit.
45 .
On or around
April 11,
2014, the DFEH conducted an onsite inspection
of the
subject
property.
During
its investigation, the Department discovered that several other tenants with
disabilities were adversely affected by the subject property's non-operational elevator.
-10-
Dept.
Fair
Empl.
& Hous. v.
Belfort
Management, Inc. (Hubbard, et
al..
Real
Parties
in
Interest)
Complaint
f or
Compensatory Damages,
Injunctive Relief,
and
Punitive
Damages fo r Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 11/23
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COURT
PAPER
State
of
Califomia
Std . 113
Rev. 3-95
FE H Automated
46.
The
DFEH
also uncovered
a policy wherein
the elevator was shut
o ff
daily
from
10
p.m.
to 6 a.m. in order to keep the
r i f f - r a f f
out. The DFEH is informed and believes that r i f f r a f f
means
disreputable or undesirable people. This policy negatively affects many of the tenants with
disabilities,
limiting the
time
they
may
enter and
exit
the
building.
47.
In January 2015, an onsite visit revealed that the license
certificate in
the elevator was
again
expired.
Other
Tenants
with
Disabilities^
48.
Tenant A and her husband are disabled
tenants who
have lived at the subject property
for
approximately
three years. They
live
in
a second floor apartment. Tenant A wears a knee brace
and
has screws
in
her leg. Tenant A's friends have to
assist
her up and down the stairs because the
elevator is often
inoperable.
Tenant A's husband uses a wheelchair and is sometimes unable to leave
his
unit
because
ofthe lack
of a
functioning elevator.
49.
Tenant
B
has lived on the second floor of
the
subject property
building
since
November o f 2012.
Tenant
B
has
difficulty walking
and
needs
to use a
cane because of the arthritis
in
his knees. When forced to use the stairs after shopping. Tenant B struggles to ascend the stairwell
because he has
to juggle
holding his groceries, the
handrail,
and his cane. Tenant
B
often requested
defendants
Bmno
and Rios when the elevator
would
be restored to
working
order but
his requests
were ignored.
50.
Tenant C, a disabled person
who
uses a wheelchair for
mob ility,
has lived at the
subject
property for
two years. Tenant
C lives
on the
third
floor and is unable to use the stairs.
During
the period
in
which the elevator was shut down for four months. Tenant C was trapped
in
her
unit with no relief. She has asked defendants to fix the elevator on numerous occasions. By the time
defendant Rios
offered
her a ground
floor
apartment, Tenant
C
was unable to
afford
the move.
The
names
of other affected tenants are omitted from this public filing to protect their privacy.
-11-
Dept. Fair
Empl. &
Hous.
v.
Belfort
Management,
Inc.
(Hubbard,
et al., Real Parties
in
Interest)
Complaint
for
Compensatory Damages,
Injunctive
Relief, and Punitive Damages
for
Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 12/23
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COURT
PAPER
State
of
California
Std. 113
Rev. 3-95
FE H Automatod
5 1 . Tenant
D
has
lived
at the Belfort Arms building
for
about three years. He lives on the
second floor. Tenant
D
has a disabled cousin who cannot visit him in his second
floor
apartment
because he uses a wheelchair.
52.
Tenant E has
lived
in an apartment on the second
floor
of the
Belfort
Anns
building
for approximately seven
years.
Upon information
and belief, Tenant E's uncle, who is
blind
and has
diabetes, lives with him. Once, during the subject property's routine elevator outage. Tenant E's
uncle almost fell down the stairs
trying
to grab onto a broken handrail.
53. Tenant
F
has
lived in
a
third floor
apartment at the
Belfort Arms building for
approximately
one year. Upon
information
and belief. Tenant F's grandfather, who has bad knees
and is unable to
walk
up and down
tlie
stairs
without
assistance,
lives
with
him.
Despite his
limited
mobility, Tenant F's grandfather is forced to use the subject property's stairs whenever the elevator
is non-operational.
54. The
DFEH
is
informed
and believes that there are many other
tenants with-disabilities
living
on the second and
third
floors
of
the subject property and who are adversely
affected
by the
non-operational elevator. By
failing
to adequately maintain the elevator. Defendants make it
impossible for people with disabilities to
have
as
full
access and enjoyment of
the
premises as those
without
disabilities.
F I R S T
C A U S E
O F
A C T I O N
Discrimination in Connection with a Housing Accommodation
(Gov.
Code, § 12955, subd. (a).)
[Against A ll
Defendants]
55.
The DFEH realleges and incorporates by reference each allegation contained in
paragraphs 1
through 54,
inclusive.
56. It is
imlawful for
"the owner
o f any
housing accommodation to
discriminate
against.
. . any person because
of
the . . .
disability of
that person." (§ 12955, subd. (a).) Housing
"discrimination" under the
FEHA
includes the "refusal to make reasonable accommodations in rules
policies, practices, or services when these accommodations may be necessary to afford a disabled
person equal opportunity to use and
enjoy
a dwelling." (§§ 12927, subd.
(c)(1),
12955, subd. (a).)
-12-
Dept.
Fair
Empl.
&
Hous.
v.
Belfort
Management,
Inc.
(Hubbard, et
al..
Real Parties
in
Interest)
Complaint
for
Compensatory Damages, Injunctive
Relief,
and
Punitive
Damages
for
Housing Discriminafion
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 13/23
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COURT PAPER
Stato
of
Califomia
Std . 113 Rev. 3.95
FE H Automated
In
order to establish
discrimination based
on a
refusal
to provide
reasonable
accommodations, a
party
must establish that he or she
(1)
suffers
from
a
disability
as defined
in
FEHA,
(2) the
discriminating
party knew
of,
or should
have known of,
the
disability,
(3) accommodation is
necessary
to
afford
an equal
opportunity
to use and
enjoy
the
dwelling,
and
(4)
the
discriminating
party
refused
to make this accommodation."
(Auburn
Woods I
Homeowners
Assn. v. Fair
Employment
and Housing Com. (2004) 121 Cal.App.4tii 1578, 1592
(Auburn
Woods) citing Gov.
Code, § 12927, subd. (c), & Giebelerv. M & B Associates (9th Cir. 2003) 343 F.3d 1143.)
57.
As alleged herein and in violation of Govemment Code section 12955 (a), defendants
discriminated against the real parties
in
interest by refusing to make
reasonable
accommodations.
This includes
failing
to
offer
the real parties in interest a ground
floor
apartment,
failure
to maintain
a working elevator, restricting
access
to the elevator
during
certain hours, and
failing
to make other
repairs necessary to afford disabled persons equal opportunity to equal use and enjoy the subject
property.
58. As a result
o f
defendants'
unlawfiil
housing practices,
each
real party
ih
interest
incurred economic
dainages
in an amount to be proven at time
o f trial.
59.
As a fiirther and direct result of defendants'
unlawfiil
housing practices each real
party in
interest
suffered
anxiety,
frusfration,
emotional disfress, and
injury in
an amoimt to be
proven
at time
o f trial.
60. Defendants' conduct was malicious,
fraudulent
or oppressive, or taken
in
conscious
disregard of the rights, health, safety, and economic
condition
of the real parties
in
interest, as
defined in
Civil
Code section 3294, entitling them to an award o f exemplary damages.
61 . By discriminating against the real parties in interest, in addition to other tenants with
disabilities in the subject property,
defendants
demonsfrated that they will continue to
engage
in a
pattem and practice
o f unlawfiil
housing
discrimination
that
is-
the subject
o f
this complaint
until
this
Court enjoins them from doing so and orders compliance with the mandates
of the FEHA. Plaintiff
DFEH lacks any
plain,
speedy, adequate remedy at
law
to prevent such harm, injury, and loss, which
-13-
Dept.
Fair
Empl.
&
Hous.
v.
Belfort
Management, Inc. (Hubbard, et
a l .
Real
Parties
in
Interest)
Complaint
for
Compensatory Damages, Injunctive
Relief,
and
Punitive
Damages
for
Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 14/23
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COURT PAPER
Slate
of
Califomia
Std. 1 t 3 R e v .
3-95
FE H Automated
will
continue
until
this court
enjoins
the complained
of unlawful
conduct and grants other
affirmative
relief
as
prayed
for
herein.
S E C O N D C A U S E
O F
A C T I O N
Discrimination
in Connection with a Housing Accommodation
(Gov. Code, § 12955, subd. (k).)
[Against
A ll
Defendants]
62.
The DFEH realleges and incorporates by reference each allegation contained in
paragraphs 1 through 61, inclusive.
63. Govemment Code section 12955, subdivision (k), makes it
unlawfiil
housing practice
to
"otherwise make unavailable or deny a
dwelling based
on
discrimination because
of
...disability."
64.
As alleged herein and
in
violation
of
Govemment Code section 12955, subdivision
(k),
defendants repeatedly failed to maintain a working elevator, and accommodate tenants with
disabilities by offering them vacant ground
floor
units.
65.
Defendants' conduct was malicious,
fraudulent
or oppressive, or taken in conscious
disregard
of
the rights, health, safety, and economic
condition of the
real parties in interest, as
defined
in
Civil Code Section 3294, entitling them to an award of exemplary damages.
66. By
discriminating against the real parties
in
interest, in addition to other tenants with
disabilities in the subject property, defendants demonstrated that they will continue to engage in a
pattem and practice o f
unlawfiil
housing discrimination that is the subject of
this complaint
until
this
Court enjoins them
from doing
so and orders compliance
with
the
mandates of tlie
FEHA.
67. Plaintiff
DFEH lacks any
plain,
speedy, adequate remedy at
law
to prevent such
harm, injury, and loss, which
will
continue
until
this court enjoins the complained
of
unlawful
conduct and grants other affirmative relief as prayed for herein.
T H I R D C A U S E O F A C T I O N
Public
Accommodations Discrimination
(Gov.
Code, § 12955, subd.
(d); Gov.
Code, § 12948;
Civ.
Code, § 51.)
[Against A ll
Defendants]
68.
The DFEH realleges and incorporates by reference
each
allegation contained in
paragraphs 1
through 67, inclusive, as i f
fiilly
set forth herein.
-14-
Dept.
Fair
Empl.
&
Hous.
v.
Belfort
Management,
Inc.
(Hubbard, et
al..
Real Parties
in
Interest)
Complaint
for Compensatory Damages, Injunctive
Relief,
and
Punitive
Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 15/23
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COURT
PAPER
State
of
Califomia
Std . 113
Rev. 3.95
FE H Automated
69. Govemment Code section 12955, subdivision (d), provides that it is
unlawfiil
[ f jor
any person subject to the provisions o f section 51 o f the
Civil
Code . . . to
discriminate
against any
person" on any basis protected under the
FEHA.
70.
Govemment Code section 12948 provides,
in
pertinent part, that
[ i ] t
is an
unlawful
practice under this part for a person to deny or to
aid, incite,
or conspire
in
the denial o f the rights
created by Section 5 1 . . . .
7 1 .
Civil
Code section 51 , subdivision (b), provides: All persons
within
the
jurisdiction
of
this state are free and equal, and no matter what their
.
. .
disability,
are
entitied
to the
f i i l l
and
equal accommodations, advantages, facilities, and privileges, or services in
all
business
establishments of every kind, whatsoever."
72. Defendants failed to provide the Real Parties in Interest and other tenants with
disabilities
with public
accommodations by engaging in
discrimination based
on their
disabilities,
as
described above, in violation
of
Govemment Code section 12955, subdivision (d), and Civil Code
section 51.
73. As a result
o f
defendants'
unlawfiil
housing practices,
each
real party in interest
incurred economic damages in an amount to be proven at time of
frial.
74. As a
fiirther
and direct result of defendants'
unlawfiil
housing practices, each real
party
in
interest suffered anxiety,
frustration,
emotional distress, and injury
in
an amount to be
proven
at im
of trial.
75. As a
fiirther
result o f the
unlawfiil
housing practices, real parties in interest
suffered
out-of-pocket expenses,
including
moving costs and medical expenses, in an amount to be proven at
time o f trial.
76.
Defendants' conduct, as set
forth
above, was
malicious,
fraudulent or oppressive, or
taken in conscious disregard of the rights, health, safety, and economic condition of the real parties
in interest, as defined in Civil Code Section 3294,
entitling
them to an award
o f
exemplary damages.
77. By discriminating against the real parties in interest, in addition to other tenants with
disabilities
i n
the subject property. Defendants have demonstrated that they will continue to engage
-15-
Dept.
Fair
Empl.
&
Hous.
v.
Belfort
Management,
Inc.
(Hubbard, et
al.,
Real Parties
in
Interest)
Complaint
for Compensatory Damages,
Injunctive Relief,
and
Punitive
Damages for Housing
Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 16/23
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COURT PAPER
State
of
Califomia
Std. 113 Rev. 3-95
FE H Automated
in discrimination in public accommodations
until
this Court enjoins them from doing so and orders
compliance with the mandates
of
the FEHA.
78. Plaintiff DFEH lacks any
plain,
speedy, adequate remedy at law to prevent such
harm,
in j ury,
and loss,
which will
continue
until
this court enjoins the complained
of unlawful
conduct and grants other affirmative relief as prayed for herein.
F O U R T H C A U S E
O F
A C T I O N
Unlawful Housing Practices
(Gov.
Code, § 12955.1, subd. (a)(2))
[Against A ll
Defendants]
79.
The DFEH realleges and incorporates by reference
each
and every allegation
contained
in
paragraphs
1
through 78, inclusive, as i f
fiilly
set forth herein.
80. Govemment Code section 12955.1, subdivision (a)(2), provides in relevant part, that
[a]l l
covered
m ultifamily dwellings with
a
building
enfrance on an
accessible
route shall be
designed and constmcted in a manner [that
allows]
the public and common
areas [to be]
readily
accessible
to and usable by persons with disabilities.
81 . As set forth above and in violation of Govemment Code section 12955.1, subdivision
(a)(2),
defendants discriminated against the real parties
in
interest on the
basis of
their disabilities by
failing
to properly maintain the subject property's lone elevator, which interfered with the real
parties
in
interest's and other disabled tenants' ability to
access
the property's public and common
areas.
82. Defendants' conduct was malicious, fraudulent or oppressive, or taken in conscious
disregard
of
the rights, health, safety, and economic
condition of
the real parties
in
interest, as
defined
in
Civil Code section 3294, entitling them to an award
of
exemplary damages.
83. By
discriminating
against the real parties
in
interest, in
addition
to other
tenants
with
disabilities in the subject property, defendants demonsfrated that they will continue to
engage
in a
pattem and practice
o f unlawful
housing
discrimination
that is the subject
of
this complaint
until
this
Court enjoins them from doing so and orders compliance with the mandates
of
the FEHA.
-16-
Dept.
Fair
Empl.
&
Hous.
v.
Belfort
Management, Inc. (Hubbard, et
al..
Real Parties
in
Interest)
Complaint for
Compensatory Damages, Injunctive
Relief,
and
Punitive
Damages
for
Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 17/23
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COURT
PAPER
State
of
California
Std. 113 Rev. 3-95
FE H Automated
84. Plaintiff DFEH
lacks any plain,
speedy,
adequate remedy at law to prevent such
harm,
injury, and loss, which will continue
until
this court enjoins the complained of
unlawfiil
conduct and grants other
affirmative relief as
prayed
for
herein.
F I F T H
C A U S E
O F
A C T I O N
Blind and Other Physically Disabled Persons Act
(Civil Code, § 54 et seq.)
[Against A ll Defendants]
85. Plaintiffs
incorporate by reference the allegations
of paragraphs 1
through 84 above,
as i f
each
such allegation was set forth in
f i i l l
herein.
86.
Califomia's Blind and Other Physically Disabled Persons
Act
prohibits
discrimination
against
individuals
with
disabilities.
Section 54
of
the
Califomia C iv i l
Code,
subdivision
(b)(1),
provides, in relevant part, that "[ijndividuals with disabilities shall be entitied to f i i l l and equal
access, as other members
ofthe
general
public,
to
a ll
housing accommodations
offered for
rent,
lease
or compensation . . . ".
87.
As set
forth
above, defendants discriminated against the real parties in interest on the
basis of their disabilities by refiising to make reasonable accommodations which were and continue
to be necessary in order to afford the real parties in interest equal opportunity to use and
enjoy
the
subject property.
88.
As a direct and
proximate
result
o f
the aforementioned
acts,
real parties in interest
have suffered and continue to
suffer
substantial damages,
including
humiliation, hardship, anxiety,
indignity
and severe mental and emotional anguish.
89.
Defendants' conduct, as set forth above, was malicious,
fraudulent
or oppressive, or
taken in conscious disregard ofthe rights, health, safety, and economic condition of the real parties
in interest, as
defined
in
Civil
Code section 3294, entitling them to an award of exemplary damages.
90. By discriminating
against the real parties
in
interest, in
addition
to other
tenants with
disabilities i n the subject
property,
defendants
have
demonsfrated that they will continue to engage
in a pattem and practice of unlawful housing discrimination that is the subject of tiiis complaint
until
this Court enjoins them
from doing
so and orders compliance
with
the
mandates of
the
FEHA.
-17-
Dept.
Fair
Empl. &
Hous.
v. Belfort
Management,
Inc.
(Hubbard, et
al.,
Real Parties
in
Interest)
Complaint
for Compensatory Damages,
Injunctive Relief,
and
Punitive
Damages
for
Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
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COURT PAPER
Stato
of
Califomia
Std. 113 Rev. 3-95
FE H Automated
91.
Plaintiff
DFEH lacks any
plain,
speedy, adequate remedy at law to prevent such
harm, injury, and loss, which will continue
until
this court enjoins the complained of unlawful
conduct and grants other
affirmative
relief
as
prayed
for
herein.
S I X T H C A U S E
O F
A C T I O N
Retaliation
(Gov. Code, § 12955, subd. (f))
[Against A ll Defendants]
92. The DFEH re-alleges and incorporates,
each
allegation contained in paragraphs 1
through 91, as i f fully set forth herein.
93.
Govemment Code section 12955, subdivision
(f), makes it unlawful for
any owner
of
housing accommodations to harass, evict, or otherwise
discriminate
against any person . . . when the
owner's dominant purpose is retaliation against a person who has opposed [unlawfiil] practices.
94. As set forth above and in violation of Govemment Code section 12955, subdivision
( f ) ,
defendants retaliated against the real parties in interest for complaining to
DFEH
and-assisting in
the Department's investigation by
failing
to repair the elevator and,
during
the elevator's
Hmited
periods
of operation,
threatened to tum it
off
95. Defendants' conduct was malicious,
fraudulent
or oppressive, or taken in conscious
disregard of the rights, health, safety, and economic condition of the real parties in interest, as
defined
in
Civil
Code section 3294, entitling them to an award o f exemplary damages.
96. By discriminating
against the real parties
in
interest, in
addition
to other
tenants witii
disabilities in the subject
property.
Defendants demonsfrated that they
will
continue to engage
in
a
pattem and practice o f
unlawfiil
housing discrimination that is the subject o f this complaint
until
this
Court enjoins them from doing so and orders compliance with the mandates of the FEHA.
97.
Plaintiff
DFEH
lacks any
plain,
speedy, adequate
remedy at
law
to prevent such
harm, injury,
and loss, which
will
continue
until
this court enjoins the complained
of unlawfiil
conduct and grants other
affirmative
relief as prayed for herein.
-18-
Dept. Fair
Empl. &
Hous.
v. Belfort
Management,
Inc.
(Hubbard,
et
al..
Real Parties
in
Interest)
Complaint
for
Compensatory Damages,
Injunctive
Relief, and Punitive
Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 19/23
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COURT PAPER
Stato
of
Califomia
Std. 113 Rov. 3-95
FE H Automated
P R A Y E R F O R
R E L I E F
W H E R E F O R E D F E H requests that
judgment
be entered against defendants Belfort
Management, Inc.
Josette
Bmno, J.J.
Rios,
and D O E S ONE through T H I R T Y inclusive, and order
them to provide the following relief:
On All Causes of Action
1. Enjoin the defendants from discriminating against all current and fiiture tenants at the
Belfort Arms building,
and
all
other housing accommodations
owned, managed,
or operated by
Defendzmts Belfort Management,
Inc.,
Josette Bmno, and J.J. Rios, on the basis
of a disability
or on
any other protected basis.
2. Enjoin
defendants
from
failing
to reasonably accommodate tenants with disabilities.
a. Determine
which tenants with
disabilities want to relocate to ground
floor
apartments
and
effectuate
the move at defendants' expense.
3. Order
defendants
to ensure full time maintenance and operation of the elevator in the
Belfort Arms building in
good and safe
working
order at
a ll
times. Maintenance
o f
the elevator(s) to
include:
a. Paying all licensing fees to
keep
the elevator operational; posting the current
elevator operating
certificate
in the elevator; and maintaining a copy of the current elevator operating
certificate
for inspection
by any tenant, member
of the public,
and govemment
official,
in the
manager's office during regular business hours;
b. Making
immediate repairs to the elevator when necessary to
keep
it
in
a safe
and operational working
condition;
c.
Maintaining
a service
agreement
with an elevator repair service to ensure that
repairs are
done
promptly.
4. Enjoin defendants from
locking or shutting
o ff
the elevator
in Belfort Arms building.
5. Order Belfort, its
officers,
directors and
managers, including defendants
Bruno and
Rios, shall forthwith undergo training with a fair housing
organization,
at their own expense,
regarding
the duties, responsibilities, obligations, and rights
of an
owner and/or managing
agent
-19-
Dept.
Fair
Empl. &Hous.
v.
Belfort
Management, Inc. (Hubbard, et
al..
Real
Parties
in
Interest)
Complaint
fo r Compensatory Damages,
Injunctive Relief,
and
Punitive
Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 20/23
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COURT
PAPER
State
of
Califomia
Std . 113
Rov. 3-95
FE H Automatod
under the
FEHA
and Americans with
Disabilities Act
of 1990
( A DA ) :
a. Order defendants, including its supervisory, management, and lead employees
to undergo anti-discrimination fraining, as recognized under the
FEHA
to include:
i .
Maintaining
a
discrimination-free
housing;
i i .
Compliance with the Belfort
Arms
building's policy statement
prohibiting
discrimination.
i i i . Compliance with state and federal law
prohibiting
housing
discrimination,
including
regulations implementing such provisions.
6. Develop and implement a written policy
prohibiting disability discrimination
in the
Belfort Arms building that complies with the
FEHA
and
A D A ,
and the regulations interpreting and
implementing the
FEHA
and A D A ; disseminate such policy to all owners principals, officers,
directors, managers, agents, and employees and tenants; develop a
complaint
procedure for violation
o f
such
policy;
and provide training on that
policy
and complaint procedure to all of
its
owners,
principals,
officers,
directors,
managers,
agents, and employees
within
the State of
Califomia.
This
policy shall be printed in both English and Spanish and shall be conspicuously posted at the Belfort
Arms building in
a
public place accessible to a ll tenants and prospective tenants, and in all housing
accommodations owned and/or managed by Defendants Belfort,
Josette
Bruno, and J.J. Rios. The
posting
shall include DFEH contact
information.
7.
Within
10 calendar days ofthe Court's order, post, for a
minimum
period of three
years in a conspicuous place in all housing accommodations owned, managed or operated by
defendants Belfort,
Josette
Bmno, and J.J. Rios, an order stating that defendants have been found in
violation
ofthe FEHA, and specifying the remedies ordered, and attaching it to
a ll
current and fiiture
leases.
8.
Within
10 calendar days of the Court's order, distribute DFEH pamphlets nos. 157H
and 157Hs, and DFEH fact
sheet
nos. 193H and 193Hs to a ll tenants and prospective tenants at
properties owned, managed or operated by Defendants, and each o f them.
9. Within 10 calendar days of the Court's order, post, for a minimum period o f three
-20-
Dept. Fair
Empl. &
Hous.
v.
Belfort
Management,
Inc.
(Hubbard, et al., Real Parties
in
Interest)
Complaint for
Compensatory Damages,
Injunctive Relief,
and
Punitive Damages for Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 21/23
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COURT PAPER
State
of
Catifomia
Std. 113 Rev. 3-95
FE H Automat ed
years, in a conspicuous place in all housing accommodations defendants own,
manage
or operate,
the English and Spanish language posters, "Fair Housing: You Are Protected under
Califomia
Law
(DFEH nos. 157H and DFEH 157Hs) and "Fair Housing Is the Law (DFEH nos. 164H and DFEH
164Hs),
available on the
DFEH
website.
10. Provide written proof, under penalty o f perjury by each defendant, of defendants'
compliance with all the requirements of the court's order
within
100 calendar days of the effective
date of the order.
11. Pay to M r.
Hubbard,
M s. Moore and M r. M axwell : (1) their actual and
consequential
damages
and out-of-pocket
expenses
in an amount according to
proof;
and (2) their
damages
suffered from
anxiety,
fhisfration,
emotional disfress, and
injury
incurred as a result o f the
discriminatory acts in an amount according to proof, plus 10% interest thereon.
12. As to the second cause of action pursuant to Civil Code section 52, for such actual
damages, as may be determined by a jury or a court
sitting without
a jury , up to a maximum of three
times the amount of
actual damages,
or, altematively, statutory damages of no
less
than $4,000 for
each offense, and which is no
less
than a
total
of fifty
offenses
per
real
party in interest. Tenants A-F
and other similarly situated disabled tenants.
13. Pay punitive damages according to proof.
14. Pay the DFEH's costs, including reasonable attomey
fees
pursuant to Civil Code
section 52, subdivision (a), and Govemment Code section 12989.2.
15.
Hire
a monitor to be supervised by the Court to ensure compliance with the judgment
entered in this case fo r a period of not less than 10 years.
/ / /
/ / /
/ / / . ........
/ / /
/ / /
-21-
Dept.
Fair
Empl.
& Hous. v.
Belfort
Management,
Inc.
(Hubbard, et
al.,
Real Parties
in
Interest)
Complaint
fo r Compensatory Damages, Injunctive
Relief,
and
Punitive
Damages fo r Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 22/23
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COURT PAPER
State
o f
Ca l i f o rn ia
S l d . 113 Rev. 3-95
FE H Au tomated
16. For such other relief as the court deems just and proper.
Dated: June 3, 2015
DEPARTMENT
OF
FA IR E M P L O Y M E N T
A N D HOUSING
JO N
M .
ICHINAGA
Chief
Counsel
NELS ON CHAN
Associate
Chief
Counsel
P A U L A P E A R L M A N
Senior
Staff
Counsel
JULIA
M O N T G O M E R Y
Senior
Staff
Counsel
By:
Nelson Chan
Attomeys
fo r
the Department
J U R Y
D E M A N D
Plaintiff DFEH
hereby
demands
a
jury trial
in this action.
Dated: June 3, 2015
DEPARTMENT OF F A IR E M P L O Y M E N T
A N D HOUSING
JO N
M .
ICHINAGA
Chief
Counsel
NELS ON CHAN
Associate
Chief
Counsel
By:
Nelson Chan
Attomeys
fo r
the Department
-22-
Dept. Fair
Empl. &
Hous. v.
Belfort
Management, Inc. (Hubbard,
et al..
Real
Parties
in Interest)
Complaint f or Compensatory
Damages,
Injunctive Relief, and Punitive Damages fo r Housing Discrimination
7/23/2019 Complaint for compensatory damages, injunctive relief and punitive damages for housing discrimation
http://slidepdf.com/reader/full/complaint-for-compensatory-damages-injunctive-relief-and-punitive-damages 23/23
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