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HomeMy WebLinkAbout95-01699 HOWARD BARNES, JR. and KIMBERLY BARNES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, and CATHY S. GRAVER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COIIPUnl'l' 1. This is an action for declaratory judgment, permanent injunctive relief, and damages for discrimination in the rental of housing on the basis of race and/or familial status. This action arises under the Fair Housing Act of 1968, as amended, 42 U.S.C. 153601, et. seq., and the civil Rights Act of 1866, 42 U.S.C. 111981 and 1982. JurisdiotioD aDd Venue 2. Jurisdiction is conferred on this Court by 42 U.S.C. S 3 613. 3. Venue is proper in this District as the events giving rise to the claim occurred in Cumberland county, pennsylvania. Parties 4. Plaintiffs are Howard Barnes, Jr. and Kimberly Barnes, who reside at 315 North Pitt street, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiffs are black. 6. Defendant, Housing Authority of the County of Cumberland, is a Housing Authority with its principal place of business located at 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 7. Upon information and belief, Defendant, cathy s. Graver, is employed by Defendant, Housing Authority of the County of Cumberland, as the "Acting Manager" and works out of the Housing Authority's principal place of business. "acta a. Plaintiffs reside at 315 North Pitt street under a lease agreement executed on or about October 1, 1992, between Plaintiffs and Defendant, Housing Authority. (A true and correct copy of the lease agreement is attached hereto as Exhibit "A" and incorporated herein by reference). 9. Paragraph II (A) of the lease agreement provides for a monthly rental payment of Seventy-one Dollars ($71.00). 10. The face of the lease agreement provides that the members of Plaintiffs' household having a right of occupancy of the three bedroom unit located at 315 North Pitt street are Howard Barnes, Jr., Kimberly Barnes, Georgianna Mitchell, and Deb Barnes. 11. At some time prior to May 21, 1994, Plaintiff, Howard Barnes, inquired whether the Housing Authority had any four bedroom apartments available as he and his wife were expecting twins. 12. Plaintiffs did not receive a response from the Housing Authority whether any four bedroom units will be available. 13. On May 21, 1994, Plaintiffs had one surviving child, and shortly thereafter informed the Housing Authority of the increase in family size. 14. It was Plaintiffs' understanding that a notice of a change in family composition would trigger redetermination of rent and dwelling size. Support for Plaintiffs' position is found in a lease agreement in Paragraph 3 and it's subparts. 15. After May 21, 1994, when Plaintiffs had inquired about a larger rental unit, they were informed by the Housing Authority's agent, Acting Manager, Cathy s. Graver, that they would not get a bigger apartment until they had paid back their rent due. 16. Previously, on April 1 of 1991, Plaintiff, Howard Barnes, and the Housing Authority had entered into a repayment agreement concerning past due rental payments. (A true and correct copy of the repayment agreement is attached hereto as Exhibit "B" and incorporated herein by reference). 17. On April 1, 1991, Plaintiffs were residing in a two bedroom apartment located at 206 A Lincoln Street, Carlisle, Pennsylvania, which was owned and managed by Defendant, Housing Authority. 18. Plaintiffs were making payments in accordance with the repayment agreement when they entered into the lease referred to as Exhibit "A" and moved to 315 North pitt street. 19. Plaintiffs were making payments in accordance with the repayment ~greement as of October 1, 1993, when the lease agreement was due to review. 20. The lease agreement was executed on or about October 1, 1992, and then renewed on October 1, 1993, despite the fact that back rent was due and owing to the Housing Authority on those dates. 21. On September 23, 1994, Plaintiffs received a notice from Defendant, Housing Authority, signed by Defendant, Cathy s. Graver, indicating that their account was in arrears of Eight Hundred Thirty-three Dollars ($833.00) and must be paid in full by September 29, 1994. (A true ~nd correct copy of correspondence dated September 23, 1994, is attached hereto as Exhibit "c" and incorporated herein by reference). 22. Plaintiff provided Housing Authority with requested income verification as soon as they received it from the Veterans' Administration in November of 1994. <A true and correct copy of the Veter<'.ns' Administration notification is attached hereto as Exhibit "0" and incorporated herein by reference) . 23. Defendant, Housing Authority, proceeded to pursue eviction against Plaintiffs and provided Plaintiffs with an eviction notice on October 14, 1994. (A true and correct copy of the eviction notice is attached as Exhibit "E" and incorporated herein by reference). 24. The Housing Authority continues to pursue this matter in a proceeding filed at Number 94-6909 civil Term in The Court of Common Pleas, Cumberland county, and continues to attempt collection of the entire amount of back rent in one lump sum in derogation of the repayment agreement. 25. Defendant, Housing Authority, only began pursuing this manner of coercive action against Plaintiffs after they requested a four bedroom apartment unit due to increase in family size. 26. Defendant, Cathy s. Graver, is the only Manager to refuse to honor the repayment agreement and refuse to allow Plaintiffs to renew their lease while Plaintiffs were making payments pursuant to the repayment agreement. Cau... of Aotion 27. Defendants' refusal to acknowledge the repayment agreement, attempted eviction of Plaintiffs, and refusal to attempt to accommodate plaintiffs' need for a larger dwelling on account of Plaintiffs' race and family composition, amounts to discrimination in the terms, conditions, and privileges of rental of the dwelling in violation of 42 U.S.C. 13604 and 42 U.S.C. 11982. 28. By engaging in the unlawful conduct described above, Defendants have continued to act intentionally, maliciously, and outrageously to damage the rights and feelings of plaintiffs and other black persons in violation of the civil Rights Act of 1866 and of black persons and those with large families in violation of the Fair Housing Act of 1968. 29. In addition, Defendants'continuing racial and familisl discriminatory actions and practices have forced Plaintiffs to defend their right to fair housing in a court of law and incur attorneys' fees in this regard. 30. Defendant, Housing Authority, is also responsible for violating Plaintiffs' rights under the above statutory provisions because of the illegal acts of Defendant, Cathy s. Graver. Defendant, Graver, was at all times relevant hereto acting (a) with the consent of Defendant, Housing Authority; (b) under the control and supervision of Defendant, Housing Authority, and/or (c) within the authority as an agent of Defendant, Housing Authority. WHEREFORE, relief: a. that this r.ourt declare Defendants' actions compl.ained of herein to be in violation of the Fair Housing Act of 1968 as amended 42 U.S.C. 53601 et seq. and the Civil Rights Act of 1866, 42 U.S.C. 51981 and 1982; b. that Defendants be ordered to take appropriate, affirmative action to ensure that the activities complained of are not engaged in again by them or any of their agents; c. that Defendant, it's agents, employees, and successors be permanently enjoined from discriminating on the basis of race, color, and/or familial status against any person in violation of the Fair Housing Act of 1968 or the civil Rights Act of 1866; d. that Defendants be enjoined from evicting plaintiffs and that plaintiffs be allowed to remain in possession of the premises at 315 North pitt street so long as they continue to make rental and repayment agreement payments in a timely fashion; PRAYIR 'OR RlLII. plaintiffs respectfully request the following e. that Defendant provide Plaintiffs with a larger apartment unit as soon as it is determined that Plaintiffs are entitled to a larger unit and that one is available; f. that appropriate compensatory and punitive damages be awarded to plaintiffs and against Defendants jointly and severally; IN THE COURT OF COMMON PLEA~ CUMBERLAND COUNTY, PENNSYL- VANIA - CIVIL NO.: (j:J APR 3 '5J \'11 '95 HOWARD BARNES, JR. KIMBERLY BARNES, Plaintiffs I,i: ",. '! ~ I r . L I, ,',h~ 'il /,' ,11'( Ii, j, '" '. .~ VS. $#.c~/:C/ C4u _< C)(J /y{, 6!.tdl$~M...-:I- HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND and CATHY S. GRAVER, Defendants COMPLAINT dt!# /01/5 y!I#- ;)3;137' GRIFFIE & ASSOCIATES AnORNEYS"AT-LAW 200 NORTH HANOVER STREET CARLISLE. PA 17013 SUITE 307 14 NORTH MAIN STREET CHAMBERSBURQ, PA 17Z01 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 7( ((;9? C,-.IfrM ../ . NO. : . . . . CIVIL ACTION - LAW . . JURY TRIAL DEMANDED . HOWARD BARNES, JR. and KIMBERLY BARNES, Plaintiffs HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, and CATHY S. GRAVER, Denfendants ------------ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-6909 civil Term HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Plaintiff HOWARD BARNES and KIMBERLY BARNES, Defendants AND NOW, this h.u: h day of . Motion filed on behalf of , 1995, the Kimberly Barnes to consolidate the above-captioned actions is hereby GRANTED. -'. - "...- __Ll"".. _..,..4.. .":I~al"Q...,,"gl.o _v ,",ut""".&.UIII:lIU aD ..."".&.l""wgo. . .., c.~\ \\;, - , : , J. 012.1'( 1:0 a \..e { tl, ( 9"-1- I:.?CJ? HOWARD BARNES, JR. and I IN THE COURT OF COMMON PLEAS OF KIMBERLY BARNES, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I I 95-1699 CIVIL TERM / v I I CIVIL ACTION - LAW HOUSING AUTHORITY OF THE I COUNTY OF CUMBERLAND and I CATHY S. GRAVER, I JURY TRIAL DEMANDED Defendants I - - - - - - - - HOUSING AUTHORITY OF THE I IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I I 94-6909 CIVIL TERM v I I HOWARD BARNES and I KIMBERLY BARNES, I Defendants . . PRUelPI TO THE PROTHONOTARY I Christopher C. Houston, Esquire, as counsel for the Plaintiff, Housing Authority of the County of Cumberland, at the proceedings at 94-6909, and Jennifer C. Deitchman, Esquire, as counsel for the Plaintiffs, Howard Barnes, Jr. and Kimberly Barnes, at the proceedings at 95-1699 Civil Term, which are matters consolidated pursuant to Order of Court dated April 6, 1995, request the Prothonotary to mark the above-captioned matters settled and discontinued with prejudice. / '" Esquire uston, Esqu re P.C. Datel "