Waples Complaint - Final

8/16/2019 Waples Complaint - Final

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SY GIRON DE REYES; JOSE DAGOBERTO REYES; FELIX ALEXIS BOLANOS; RUTH RIVAS; YOVAN

ni!",

PLES MOBILE HOME PAR& LIMITED PARTNERSHIP; %APLES PROJECT LIMITED PARTNERSHIP; a

(ndan"$

1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Alexandria Division

Civil Action No.

COMPLAINT

PRELIMINARY STATEMENT

1. Plaintiffs in this lawsuit are residents of Waples Mobile Home Park (the Park!"# who challen$e

%efendants& enforcement of a discriminator' polic' that impermissibl' reuires all mobile

home occupants over the a$e of 1) to prove either their *.+. citi,enship or their le$al status in

the *nited +tates. As desi$ned and carried out# %efendants& enforcement of this polic' is

disproportionatel' oustin$ Hispanic or -atino (-atino!"1 families from their homes and

den'in$ them one of the onl' affordable housin$ options in airfa/ Count'# 0ir$inia.

. 2n carr'in$ out their ille$al and raciall' discriminator' polic'# %efendants are violatin$ federal

and state law while# at the same time# breachin$ their obli$ations under -ease

1 3Hispanic or -atino& refers to a person of Cuban# Me/ican# Puerto 4ican# +outh or CentralAmerican# or other +panish culture or ori$in re$ardless of race.! 5aren 4. Humes# Nicholas A.6ones# and 4oberto 4. 4amire,# *.+. Census 7ureau# C8187498# Overview of Race and Hispanic Origin: 2010 (March 811"# available athttp:;;www.census.$ov;prod;cen818;briefs;c818br98.pdf (last accessed Ma' # 81


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A$reements with Plaintiffs. %efendants have wron$full' driven out lon$time tenants from their

homes# notwithstandin$ the fact that none have posed an' problems to their nei$hbors or the

Park&s mana$ement. %efendants have forced families who remain at the Park to pa' an

e/traordinar' surchar$e on their monthl' rent and have pursued or threatened imminentl' to

pursue their eviction.

=. %efendants maintain a polic' reuirin$ that all individuals who live or intend to live at the Park

present either (1" an ori$inal social securit' card! or# if unavailable# (" an ori$inal Passport#

ori$inal *.+. 0isa# and ori$inal Arrival;%eparture orm (29>? or 29>?W"! (the Polic'!". or

'ears# %efendants did not enforce this Polic' because there was no need to do so. %efendants did

not need to verif' each tenant&s citi,enship or le$al status in the countr' to ensure that he or she

would be a safe addition to the communit' and could pa' rent. 2nstead# %efendants permitted

individuals to rent and live on Park lots as lon$ as the person si$nin$ the lease could present the

documents reuired b' the Polic'. %efendants did not inuire as to ever' other person livin$ in

that individual&s home.

?. 7e$innin$ in or around mid981@# without warnin$ or ustification# %efendants be$an enforcin$

the Polic' strictl' as to ever' person livin$ in the Park. Bhe' be$an reuirin$ each resident over

1)9'ears9old to meet the same reuirements as the leaseholder# even when the leaseholder had

alread' provided the documents reuired under the Polic'# and re$ardless of how lon$ the person

over 1)9'ears9old had resided in the home. %efendants provided no le$itimate ustification for

their chan$e in Polic' enforcement. Moreover# %efendants knew# or should have known# that this

enforcement would likel' result in the forced and disproportionate displacement of -atino

families in violation of the federal air Housin$ Act# ? *.+.C. =


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e/traordinaril' hi$h monthl' surchar$es.

)1. While *.+. citi,ens need onl' present a +ocial +ecurit' card to

meet the Polic'&s reuirements# non9*.+. citi,ens must either obtain and present a +ocial

+ecurit' card or compile an arbitrar' set of documents to prove their le$al status in the countr'.

). Plaintiffs# like other residents at the Park# made a si$nificant investment in purchasin$ and

maintainin$ their mobile homes# all in reliance on the assurance that the' could rent the

underl'in$ land from the Park. Plaintiffs send their children to nei$hborhood schools# attend

local churches# and interact dail' with# and rel' upon# the communit' the' have formed with

their nei$hbors. %efendants& actions have cost and are costin$ these families their homes#

financial stabilit'# and their communit' network.

JURISDICTION AND VENUE

>. 6urisdiction is conferred on this Court b' (1" ) *.+.C. 1=?=# because this action concerns an

Act of Con$ress providin$ for the protection of eual ri$hts or civil ri$htsD (" ) *.+.C. 1==1#

because this is a civil action arisin$ under federal lawD (=" ? *.+.C. =


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claims.

11. 0enue is proper in this district pursuant to ) *.+.C. 1=>1(b" and (c" because %efendants

conduct business in and are residents of the district and a substantial part of the events and

omissions $ivin$ rise to the claims occurred in the district.

PARTIES

Plaini!!s

1. Plaintiffs 6ose %a$oberto 4e'es (Mr. 4e'es!" and 4os' Firon de 4e'es (Mrs. 4e'es!" are

-atinos of +alvadorian national ori$in. rom appro/imatel' Ma' 81= to Ma' =8 -ee Hi$hwa'# +uite =88# airfa/# 0ir$inia

8=1.

1E. %efendant Waples Proect -imited Partnership (Waples Proect -.P.!" is a 0ir$inia compan'

with its principal place of business at =8@8 Chain 7rid$e 4oad# +uite 88# airfa/# 0ir$inia

8=8.

1). %efendant A.6. %woskin I Associates# 2nc. (%woskin I Associates!" is a


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0ir$inia real estate development and mana$ement firm with its principal place of business at

=81 6ermantown 4oad# +uite E88# airfa/# 0ir$inia 8=8.

FACTS

"a#les Mo$ile %o&e Par'

1>. Waples Mobile Home Park (the Park!" is a manufactured or mobile! home communit'

located at ?=8) Mobile Court# airfa/# 0ir$inia 8=8. %efendant Waples Proect

-.P. owns the Park and serves as one of its landlords. %efendant Waples -.P. is listed as the

owner on the Park&s -ease A$reement and thus also serves as one of its landlords.

8. %efendant %woskin I Associates operates the Park. %woskin I Associates is a real estate

development and mana$ement compan' that mana$es several do,en apartment# town home#

and mobile home communities# encompassin$ about #888 residential units# in the northern

0ir$inia counties of Arlin$ton# airfa/# auuier# and Prince William.

1. Bhe Park is composed of appro/imatel' 1@8 lots on about = acres of land. B'picall'# a

newcomer to the Park will purchase a mobile home from a departin$ resident and lease the

underl'in$ lot. Bhus# tenants (1" own the mobile homes in which the' liveD and (" enter into

leases with Park mana$ement for the underl'in$ land.

. %efendant %woskin I Associates si$ned Plaintiffs& leases in its capacit' as a$ent for Waples

Mobile Home Park (Jwner".! *pon information and belief# as used in Plaintiffs& leases# the

term Waples Mobile Home Park (Jwner"! refers to %efendant Waples Proect -.P.

=. Bhrou$h its mana$ement of the Park# %efendant %woskin I Associates and its emplo'ees serve

as a$ents actin$ on behalf of %efendants Waples -.P. and Waples Proect -.P.

?. As part of the Park&s leasin$ and renewal process# each 'ear# ever' prospective tenant or resident

over the a$e of 1) must complete and submit a rental application to which the tenant or

resident must attach a set of documents specified b' the uture 4esident 2nformation Fuide!

(the Fuide!" (/hibit A". Bhe Fuide is a two9pa$e document that lists fees# policies# and

application reuirements. Bhe Fuide identifies %efendant %woskin I Associates as the Park&s

mana$er.


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@. 2n addition to a si$ned application# a prospective tenant must submit (1" a piece of $overnment9

issued photo identification (which ma' be issued b' a forei$n $overnment"D

(" proof of incomeD and (=" a list of the addresses at which he or she has resided within two

'ears of the application to live at the Park.

T(e Poli)*


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provided (1" an ori$inal passportD (" ori$inal *.+. visaD and (=" an 29>? form.

=1. Bhe 2nternal 4evenue +ervice (24+!" issues 2B2Ns to all income9earnin$ *.+. ta/pa'ers who are

ineli$ible to obtain a +ocial +ecurit' number# irrespective of their immi$ration status. Bo obtain

an 2B2N# an individual must submit 24+ orm W9E# and attach thereto (1" a cop' of his or her ta/

returnD and (" proof of his or her identit'. Bhe 24+ strictl' enforces the ri$orous orm W9E proof

of identit' reuirement# under which an applicant must present ori$inal or certified

documentation of the information entered on orm W9E. ach 2B2N is composed of nine di$its

and# like a +ocial +ecurit' number# uniuel' identifies the individual to whom it is assi$ned.

2B2Ns thus not onl' facilitate ta/ compliance# but also provide undocumented immi$rants with

proof of identit'. As a form of identification# the 2B2N is as reliable and precise as a +ocial

+ecurit' number.

=. %efendants claim the' need the documentation reuired b' the Polic' to conduct criminal

back$round and credit checks of prospective and current tenants# but fail to ustif' wh' the'

reuire the specific documents outlined b' the Polic' for such checks. 2ndeed# these documents

are not necessar' to prove identit' or to conduct back$round or credit checks.

See, e.g.# *.+. %ep&t of Housin$ and *rban %evelopment# Press 4elease# HU and H!ntsvilleUtilities Reac" #gree$ent Settling an #llegation of iscri$ination #gainst %rospective Hispanic Residential &!sto$ers (Au$. ># 81"# available at http:;;portal.hud.$ov;hudportal;H*%KsrcL;press;pressMreleasesMmediaMadvisories;81;H*%No.191=A (Bo resolve potential liabilit'under the air Housin$ Act# Huntsville *tilities a$reed to publish a list of alternative eli$ibilit'or identification documents that do not rel' solel' on +ocial +ecurit' numbers and clarif' whichidentit' documents are reuired to ualif' for service.!" (last accessed Ma' # 81


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==. +ocial +ecurit' cards and immi$ration documents# such as visas and 29>? forms# are not

necessar' to prove identit'. orei$n passports or $overnment9issued identification cards are

sufficient.

=?. +ocial +ecurit' cards and immi$ration documents also are not necessar' for a criminal

back$round check. 4ecords of criminal convictions and evictions are created and

maintained b' courts. Jwin$ to securit' and privac' concerns# courts do not disclose +ocial

+ecurit' numbers in reportin$ udicial records. Bhe screenin$ companies hired b' landlords

therefore run back$round checks usin$ other identif'in$ information# such as a prospective

tenant&s name# date of birth# and current and previous addresses.

=@. While credit screenin$ companies historicall' used +ocial +ecurit' numbers to compile credit

histor' information and to run credit histor' reports# such companies now perform credit checks

based on other identif'in$ information# such as names# dates of birth# and current and previous

addresses# as well as 2B2Ns.

=


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evidenced in part b' the Park&s failure to enforce its own Polic' for 'ears# immi$ration and

citi,enship documentation is superfluous to an evaluation of a tenant&s $ood character and

creditworthiness.

De!endans + En!or)e&en o! (e Poli)* %ar&s and Ex)l,desLaino Undo),&ened I&&i-rans and T(eir Fa&ilies

Overview

?8. %efendants& enforcement of the Polic' denies current tenants the abilit' to remain in their own

homes with their own families. Bhe result is that undocumented immi$rants are precluded from

livin$ at the Park# even if the' are cohabitants of e/istin$ residents who are *.+. citi,ens or have

le$al status in the *nited +tates.

Sudden and Strict Enforcement of a Dormant Policy

?1. +oon after %efendants be$an enforcin$ the polic' a$ainst prospective tenants# %efendants

initiated and be$an conductin$ probin$ audits of e/istin$ tenants& households.

?. 2n enforcin$ the Polic'# %efendants have demanded# for the first time# that all occupants over the

a$e of 1) re$ister with the Park&s mana$ement office. Bo re$ister# all occupants must (1"

complete a new rental applicationD (" submit the reuisite citi,enship or immi$ration

documentationD and (=" pass an additional round of criminal back$round and credit checks.?=. 2n appl'in$ the Polic' a$ainst e/istin$ tenants and their co9occupants# %efendants failed to

consider whether tenants had alread' passed the criminal back$round and credit checks and

fulfilled the other reuirements to lease a lot.

??. %efendants also failed to consider the e/tent to which e/istin$ tenants had demonstrated their

reliabilit'# trustworthiness# and $ood character durin$ their time as residents of the Park

throu$h (1" consistent and timel' pa'ment of rentD and (" compliance with other provisions of

the -ease A$reement.

?@. inall'# %efendants failed to take into consideration whether the' had previousl' permitted

certain occupants who were relatives of the named leaseholders to live in the Park.


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?? formQfor each unre$istered occupant

livin$ in the Park.

?E. Accordin$ to %efendants& Polic'# failure to provide such documentation constituted a

material breach of the lease.

Enforcement of the Dormant Policy Has Resulted in Significant Harm to Latino

Immigrant Park Residents

?). Benants who did not have the documentation that %efendants reuested tried to resolve the issue

in various wa's. +ome attempted to provide alternative documentation# such as 2B2Ns# e/pired

29>? forms# and criminal back$round check reports. Jthers e/pressed confusion with the new

demand# as these tenants had alread' under$one and passed %efendants& back$round check

process when first obtainin$ leases at the Park. inall'# some tenants approached %efendants&

a$ents and simpl' e/plained that the' did not have the necessar' documentation.

?>. +ome tenants could not cure the claimed -ease A$reement violation because the'# or some

occupant with whom the' resided# were non9citi,ens who did not have# and could not within the

%efendants& stated time period (1 da's" acuire# the documents reuired b' the Polic'.

@8. Pursuant to 0a. Code @@9?).1# @@9?).?)# %efendants issued 19=8! letters to tenants the'

found to be in violation of the Polic'. Bhe purpose of the letters was to inform tenants that their

livin$ arran$ements violated the Polic' and their -ease A$reements. Bhe 19 =8! letters $ave

tenants 1 da's from receipt of the letter to cure the violation# and# if the' could not# =8 da's

from receipt of the letter to vacate the Park.

@1. %efendants informed affected tenants that# because the' or others with whom the' resided could

not present the documentation reuired b' the Polic'# %efendants would not permit the tenants to

renew their leases of the lots on which their homes stood.


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@. 2f %efendants& a$ents concluded that an' unre$istered occupants were livin$ in a $iven mobile

home# those a$ents informed the relevant leaseholder that the e/istin$ 'ear9lon$ lease would

not be renewed and that the lease would instead convert into a month9to9month! lease.

%efendants informed the relevant leaseholder that# under the month9to9month! arran$ement#

%efendants would char$e tenants an additional R1@ fee per month. Accordin$l'# tenants who

initiall' paid %efendants RE?@ per month to lease the land under their homes would be reuired

to pa' R)E8 per month.

@=. Jn or around March 11# 81


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homes.? Mobile homes thus constitute about @.= of 0ir$inia&s housin$ stock.

@E. airfa/ Count' has appro/imatel' ?8>#188 housin$ units#@ of which appro/imatel' #8E8 are

mobile homes.< Mobile homes thus constitute about 8.@ of airfa/ Count'&s housin$ units.

airfa/ Count'&s mobile home units are distributed amon$ appro/imatel' ei$ht mobile home

parks.E

Po"ulation of Immigrants without Legal Status

@). Bhe Commonwealth of 0ir$inia has one of the lar$est populations of immi$rants without le$al

status as a *.+. resident or citi,en (or undocumented immi$rants!". An estimated #888

undocumented immi$rants currentl' live in 0ir$inia.) Bhis makes 0ir$inia the tenth most

populous state for undocumented immi$rants.>

0ir$inia also is amon$ the states with the lar$est

share of undocumented immi$rants compared to other residentsD these individuals

? *.+. Census 7ureau# 2010+201 #$erican &o$$!nity S!rvey -+ear /sti$ates# available at http:;;factfinder.census.$ov;faces;tableservices;sf;pa$es;productview./htmlKpidLAC+1?@G4 7@8?IprodB'peLtable (Bable 2%: 7@8?: *nits in +tructure! for 0ir$inia" (last accessedMa' # 81 6effre' +. Passel and %&0era Cohn# Pew 4esearch Center# Una!t"oried $$igrant )otals Rise in 3 States, 4all in 1# at 11 (Nov. 1)# 81?"# available athttp:;;www.pewhispanic.or$;files;81?;11;81?91191)unauthori,ed9immi$ration.pdf (lastaccessed Ma' # 81


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comprise =.@ of 0ir$inia&s population.18

@>. Bhe si,e of 0ir$inia&s undocumented immi$rant population has increased si$nificantl' in recent

'ears. 7etween 88> and 81Qdurin$ which time the total number of undocumented

immi$rants livin$ in the *nited +tates remained relativel' stable at about 11.@ millionQ0ir$inia

was one of onl' seven states to e/perience an increase in its undocumented immi$rant

population.11 urther# even as the overall number of undocumented immi$rants fell nationwide

between 88E and 81# 0ir$inia was one of onl' two states to e/perience an increase.

+pecificall'# its undocumented population increased b' 18 in that same period# from about

@8#888 to about E@#888.1


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adversel' affects -atinos in a si$nificantl' disproportionate wa'.

(or about E=>#888"were of Hispanic or -atino ori$in. See *.+. Census 7ureau# 7!ic4acts: 6irginia# available at http:;;www.census.$ov;uickfacts;table;P+B8?@1@;@1 (last accessed Ma' 1# 81


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%ar& o Plaini!!s

#he Reyes $amily


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allow the famil' to renew their one9'ear lease because %efendants discovered that Mrs. 4e'es

could not provide a +ocial +ecurit' card.

. 7etween March and Ma' 81?# Mr. 4e'es met with %efendants on three separate occasions.

%efendants su$$ested that Mr. 4e'es live separatel' from Mrs. 4e'es# but Mr. 4e'es knew he

could not break up his famil' in this manner.

E8. Mr. 4e'es therefore sou$ht to persuade %efendants to renew the famil'&s lease. Bo meet

%efendants& demand for proof of his spouse&s identit'# Mr. 4e'es offered to provide %efendants

with Mrs. 4e'es&s 2B2N# and# when that failed# her +alvadorian passport. %efendants refused to

accept Mrs. 4e'es&s 2B2N and refused to accept her passport without proof of lawful

immi$ration status as reflected in a visa.

E1. 2n or around Ma' 81?# an a$ent of the %efendants conducted a search of the famil'&s home.

%urin$ this invasive and upsettin$ search# Mrs. 4e'es informed the a$ent that she did not have

a +ocial +ecurit' card. Bhe a$ent said that %efendants did not want undocumented immi$rants

to reside at the Park because undocumented immi$rants mi$ht be criminals.! Bhe a$ent then

stated that Mrs. 4e'es could simpl' leave the homeQand her famil'Qso that Mr. 4e'es and

their son could remain. Mrs. 4e'es&s onl' response was to cr'.

E. Appro/imatel' one hour after %efendants& a$ent left the 4e'es famil'&s home# the %efendants&

a$ent called Mr. 4e'es to reuest that he come to the Park office# because a decision had been

made to permit the 4e'es famil' to renew their lease. Mr. 4e'es went to the Park office and

finali,ed a renewal of the famil'&s lease (/hibit 7".

E=. 2n 81@#


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was time to renew their lease and that in order to do so Mrs. 4e'es would need to present her

+ocial +ecurit' card alon$ with an application for residenc'.! %efendants indicated that the

information was necessar' to conduct a back$round check of Mrs. 4e'es# who# b' 6une 81@#

had been a resident of the Park for over two 'ears. %efendants also informed the 4e'es famil'

that the' were addin$ OMrs. 4e'es to the Ohousehold account! and that the famil'&s utilit'

pa'ments would increase as a result.

E@. Jn 6anuar' E# 81


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apartment comple/ and has lost pride of ownership# home euit'# and the abilit' to make

improvements to their home because the' onl' rent the unit. Bhe ordeal of confrontin$

%efendants& sudden and a$$ressive enforcement of a discriminator' and senseless polic' has

also inflicted emotional harm on the 4e'es famil'.

#he %olanos&Rivas $amily

)8. Plaintiff eli/ Ale/is 7olanos has BP+ in the *nited +tates. His wife# Plaintiff 4uth 4ivas# has an

2B2N. Mr. 7olanos and Ms. 4ivas are -atinos of +alvadorian national ori$in. Bhe' are native

+panish speakers with limited n$lish proficienc'. Bhe' have a =9'ear9old child and an )9'ear9

old child# both of whom are *.+. citi,ens.

)1. 2n or around April 81# Mr. 7olanos entered into a one9'ear -ease A$reement with %efendants

after purchasin$ a mobile home from a departin$ resident of the Park. %efendant %woskin I

Associates si$ned the lease in its capacit' as a$ent for Waples Mobile Home Park (Jwner"#!

which# upon information and belief# references %efendant Waples Proect

-.P. When he submitted his lease application# Mr. 7olanos told %efendants that his wife did not

have a +ocial +ecurit' number. %efendants told him there would be no problem and said that he

could complete the -ease A$reement on his own.

). +ince April 81# Mr. 7olanos has lived at the Park with Ms. 4ivas and their children.

)=. Mr. 7olanos renewed his famil'&s lease in 81=# 81?# and# most recentl'# on March 8# 81@ (the

81@ -ease A$reement is attached as /hibit C". %efendants never asked for +ocial +ecurit'

numbers or other immi$ration paperwork for the other members of the famil'. ach 'ear# Mr.

7olanos informed %efendants that his wife did not have a +ocial +ecurit' number and asked if

that was acceptable. ach 'ear# %efendants confirmed that it was not a problem. Moreover#

%efendants were aware that Ms. 4ivas was livin$ in the Park durin$ these 'ears because she wasincluded on the insurance paperwork that her famil' submitted for the home.

)?. 2n late ebruar' 81


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%urin$ this search# the %efendants determined that a member of the household# Ms. 4ivas#

lacked the documentation necessar' to satisf' the Polic'. %efendants informed the famil' that it

could onl' renew its lease if Ms. 4ivas provided her +ocial +ecurit' number.

)@. Jn March # 818. Plaintiff steban 4uben Mo'a Grapura is a lawful permanent resident of the *nited +tates. He

and his wife# Govana 6aldin +olis# are -atinos of 7olivian national ori$in. Bhe' are native

+panish speakers with limited n$lish proficienc'. Mr. Mo'a and Ms. 6aldin have a 1=9'ear9

old dau$hter and a 1


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>1. 2n ebruar' 811# Mr. Mo'a entered into a one9'ear -ease a$reement with %efendants after he

and Ms. 6aldin purchased a mobile home from a departin$ resident of the Park. %efendant

%woskin I Associates si$ned the lease in its capacit' as a$ent for Waples Mobile Home Park

(Jwner"#! which# upon information and belief# references %efendant Waples Proect -.P.

>. +ince ebruar' 811# Mr. Mo'a has lived at the Park with Ms. 6aldin and their children.

>=. Mr. Mo'a renewed his famil'&s lease in 81# 81=# 81?# and# most recentl'# for a lease term

be$innin$ on ebruar' 1# 81@ (/hibit %".

>?. Bhrou$hout the famil'&s residence at the Park# %efendants knew about Ms. 6aldin&s presence.

Ms. 6aldin freuentl' spoke to %efendants& a$entsD not once did the' indicate that she was not

authori,ed to live in the Park. urther# %efendants conducted annual inspections of the famil'&s

home# and never uestioned Ms. 6aldin&s presence durin$ those inspections.

>@. 2n 6anuar' 81E. Jn March 11# 81


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with %efendants# Ms. 6aldin&s effort would have been futile because her application would have

been refused on account of the Polic'. Bhe Polic' also bars Ms. 6aldin from enterin$ into an

a$reement with %efendants that would allow her to continue to reside at the Park. Bhis leaves

ust two euall' unfortunate options: (1" Ms. 6aldin must leave the Park and# with it# her famil'D

or (" the entire famil' must leave the home the' have owned and cherished for the past five

'ears.

>>. Mr. Mo'a and Ms. 6aldin had not received a 19=8! notice to cure violations or vacate premises

at the time of the filin$ of this complaint# but the' live in fear that the' will soon be forced out

of their home.

#he Saravia&(maya $amily

188. Plaintiff 4osa lena Ama'a and her husband# Herbert %avid +aravia Cru,# are -atinos of

+alvadorian national ori$in. Bhe' are native +panish speakers with limited n$lish

proficienc'. Bhe' have five children (a$es > 'ears# < 'ears# ? 'ears# 'ears# and E months"# all

of whom are *.+. citi,ens.

181. Ms. Ama'a and Mr. +aravia moved to the Park on 6anuar' 1# 818 pursuant to a sublease

a$reement to live in the home of another tenant# 4icardo Carcamo. Mr. Carcamo had a lease

with the Park.

18. As part of the sublease arran$ement# Mr. +aravia si$ned a sublease a$reement directl' with Mr.

Carcamo. Bhe two presented the sublease to the Park&s mana$ement office. Althou$h

%efendants initiall' reected the sublease arran$ement# the' ultimatel' approved it. %urin$ the

meetin$ re$ardin$ the sublease arran$ement# %efendants initiall' told Mr. +aravia that his

wife# Ms. Ama'a# could not live in the Park because she did not have a +ocial +ecurit' card.

7ut one week later# %efendants called Mr. +aravia to inform him that his wife could# in fact#live there.

18=. 2n or around ebruar' 81# Ms. Ama'a and Mr. +aravia purchased a nei$hbor&s mobile home in

the Park. Bhe' moved into that home alon$ with their (then" three children on April 1# 81.


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18?. At that time# Mr. +aravia si$ned a -ease A$reement directl' with the Park. %urin$ this process#

he included his wife and their three children as occupants on the application form. Mr. +aravia

provided %efendants with (1" his +ocial +ecurit' numberD (" a picture of his wife&s passportD

and (=" the +ocial +ecurit' numbers of his three children. Mr. +aravia later updated the

occupanc' list on his initial paperwork to add his two 'oun$est children after each was born.

18@. 2n 81=# 81?# and 81@# %efendants renewed Mr. +aravia&s lease without incident

(/hibit ". %efendants did not ask an' further uestions about an' of the famil'

members& +ocial +ecurit' numbers or other immi$ration paperwork.

18


23/32

18>. acin$# at best# the threat of an increased monthl' pa'ment and# at worst# an eviction# Mr.

+aravia and Ms. Ama'a decided to sell their mobile home. 2n or around ebruar' 81


24/32

e/orbitant monthl' leases. %efendants knew or should have known that onl' -atinos would be

affected b' their acts# policies# and practices.

11


25/32

11. As a result of %efendants& acts# policies# and procedures# Plaintiffs and their families have been

denied the opportunit' to renew their leases of the land on which their homes stand. urther#

Plaintiffs who declined to abandon their homes or e/ile undocumented famil' members in

response to %efendants& demand have been forced to accept unlawful and e/orbitant monthl'

leases. %efendants knew or should have known that onl' -atinos would be affected b' their

acts# policies# and procedures.

1. %efendants& acts# policies# and practices constitute discrimination in violation of the 0ir$inia

air Housin$ -aw# 0a. Code =< et seq# in that:

a. %efendants& acts# policies# and practices have made and continue to make

housin$ unavailable because of race and;or national ori$in# in violation of

0a. Code =318 et se)*9

On %ehalf of Plaintiffs 'ose Dagoerto Reyes+ $eli, (le,is %olanos+ Estean Ruen

Moya -ra"ura+ and Herert David Saravia .ru/

1?. Plaintiffs repeat and incorporate b' reference all alle$ations set forth in Para$raphs 1

throu$h 111 above.

1@. %efendants& refusal to $rant a one9'ear lease renewal to Park homeowners on $rounds of

their discriminator' Polic' forced Plaintiffs 6ose %a$oberto 4e'es# eli/ Ale/is 7olanos#

steban 4uben Mo'a Grapura# and Herbert %avid +aravia Cru, (the -essee


26/32

Plaintiffs!" either (1" to abandon their homes orD (" to submit to a month9to9month! lease of the

underl'in$ propert' at an e/orbitant surchar$e. At the e/piration of the one9'ear lease#

%efendants unilaterall' and unlawfull' declared the -essee Plaintiffs bound b' a costl' month9

to9month! lease.

1


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meet# an obli$ation to Ocompl' with applicable laws . . . pertainin$ to manufactured home

parks.!

1=1. Bhe -essee Plaintiffs have been inured b' %efendants& discriminator' conduct

and have suffered dama$es as a result.

FOURT% CAUSE OF ACTION

/Violaion o! 12 U3S3C3 4 889

On %ehalf of all Plaintiffs

1=. Plaintiffs repeat and incorporate b' reference all alle$ations set forth in Para$raphs 1

throu$h 111 above.

1==. All persons who reside in the *nited +tates# irrespective of aliena$e# are entitled to the same

ri$ht . . . to make and enforce contracts.! ? *.+.C. 1>)1. +ection 1>)1 was drafted

deliberatel' to protect non9citi,ens. Bhe statute prohibits private landlords from discriminatin$

a$ainst current and prospective tenants based on aliena$e or citi,enship.

1=?. %efendants& Polic' of demandin$ that current and prospective tenants who are not

*.+. citi,ens either (1" obtain a +ocial +ecurit' numberD or (" collect and produce a set of

documents authenticated b' the *.+. $overnment to demonstrate their immi$ration status#

without reuirin$ current or prospective tenants who are *.+. citi,ens to do the same# constitutes

ille$al discrimination on the basis of aliena$e# or citi,enship.

1=@. ach Plaintiff is either (1" a non9citi,enD or (" a famil' member of a non9citi,en# affected under

the Polic' as a result of the non9citi,en&s status.

1=


28/32

FIFT% CAUSE OF ACTION

/?rea)( o! Conra)9



1=). Plaintiffs repeat and incorporate b' reference all alle$ations set forth in Para$raphs 1throu$h 111 above.

1=>. Bhe Oterms and Orent! that $overn the lease of propert' at the Park are specified in the -ease

A$reement. At the outset of their tenancies# the -essee Plaintiffs and %efendant Waples Proect

-.P. separatel' entered into -ease A$reements and a$reed to the Oterms and Orent! thereof.

1?8. Pursuant to 0a. Code @@9?).?:1(7"# upon e/piration# all -ease A$reements shall be

automaticall' renewed for a term of one 'ear with the same terms unless the park operator

provides written notice to the tenant of an' chan$e in the terms of the a$reement at least si/t'

da's prior to the termination date.! Pursuant to 0a. Code @@9?).?


29/32

SI@T% CAUSE OF ACTION

/Torio,s Iner!eren)e :i( Conra)9



1?=. Plaintiffs repeat and incorporate b' reference all alle$ations set forth in Para$raphs 1

throu$h 111 above.

1??. Bhe -essee Plaintiffs entered into contractual relationships with %efendant Waples Proect

-.P. b' e/ecutin$ the -ease A$reements for rental of the land on which their homes stand.

1?@. %efendant %woskin I Associates si$ned the -ease A$reements in its capacit' as a$ent for

Waples Proect -.P.# and therefore knew of these contractual relationships.

1?


30/32

1?>. Bhe -essee Plaintiffs have been inured b' %efendant %woskin I Associates& conduct and

have suffered direct and pro/imate dama$es (which are continuin$" as a result.

DEMAND FOR JURY TRIAL

1@8. Pursuant to ederal 4ule of Civil Procedure =)(b"# Plaintiffs demand a trial b' ur' on all

issues triable as of ri$ht.

PRAYER FOR RELIEF

WH4J4# Plaintiffs respectfull' seek from this Court:

a. An order declarin$ that %efendants& acts# policies# and practices

complained of herein violate Plaintiffs& ri$hts under the air Housin$ Act#

? *.+.C. =


31/32

with the lawD

e. Compensator' dama$es eual to the amount determined b' ur' as

necessar' to provide full compensation to Plaintiffs for their inuries

suffered as a direct result of %efendants& discriminator' conduct alle$ed

hereinD

f. Punitive dama$es as provided b' ? *.+.C. =


32/32

V*2NN MAN*- *4V*HA4B I+*--20AN# --PPaul 7rinkman# 0+7 T =@>@86eanhee Hon$ (motion for pro "ac vice forthcomin$"

Ariel Wade Bratenber$ (motion for pro "ac viceforthcomin$"%ie$o %uran de la 0e$a (motion for pro "ac viceforthcomin$"7enamin Cain (motion for pro "ac vice forthcomin$"6on$wook 5im (motion for pro "ac vice forthcomin$"7ill Mar$eson (motion for pro "ac vice forthcomin$"

EEE +i/th +treet NW# 11th loor Washin$ton# %istrict of Columbia 88819=E8<Phone: (8" @=)9)888

a/: (8" @=)9)188 paulbrinkmanUuinnemanuel.com eanheehon$Uuinnemanuel.comarieltratenber$Uuinnemanuel.comdie$oduranUuinnemanuel.com benamincainUuinnemanuel.comwookiekimUuinnemanuel.com billmar$esonUuinnemanuel.com

#ttorneys for %laintiffs
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Documents

Waples Complaint - Final