Fair Housing Act Complaint - Alaska

FAIR HOUSING COMPLAINT — ALASKA

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA, [________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Alaska Human Rights Law (Alaska Stat. § 18.80.240; § 18.80.210);
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604); and
3. Failure to Make Reasonable Accommodation / Modification (42 U.S.C. § 3604(f)) [include only if disability is alleged].

SEPARATE JURY DEMAND PROVIDED BELOW

Plaintiff alleges as follows:

I. PARTIES

1.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of [CITY], Alaska, and is an aggrieved person who suffered discrimination because of Plaintiff's [sex / marital status / change in marital status / pregnancy / race / religion / physical or mental disability / color / national origin / age]. Counsel must match the alleged basis to the specific AS 18.80.240 subsection and act pleaded.

1.2. Defendant. Defendant [DEFENDANT NAME] ("Defendant") is [an individual / a corporation / an LLC / a partnership] who, at all relevant times, was the owner, lessee, manager, or other person having the right to sell, lease, or rent the real property at issue, within the meaning of Alaska Stat. § 18.80.240, and is a person subject to the Alaska Human Rights Law and the federal Fair Housing Act.

1.3. Individual Defendant. Defendant [NAME] is [a property manager / leasing agent / real estate licensee / owner] who personally participated in the discriminatory conduct alleged and is sued individually.

II. JURISDICTION AND VENUE

2.1. This Court has subject-matter jurisdiction over Plaintiff's Alaska Human Rights Law claims and concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

2.2. Venue is proper in the [________] Judicial District under Alaska R. Civ. P. 3(c) because [the claim arose in this Judicial District / Defendant may be personally served in this Judicial District / identify another verified venue basis]. The property at issue is located at the address below.

2.3. Property at issue: [ADDRESS OF REAL PROPERTY].

III. FACTUAL ALLEGATIONS

3.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase or lease / resided in / inquired about] the real property located at [PROPERTY ADDRESS].

3.2. Plaintiff is protected under the Alaska Human Rights Law on the basis of [IDENTIFY — e.g., race; national origin; physical or mental disability; sex; marital status; pregnancy; age where the applicable subsection includes it].

Nature of the unlawful housing practice (check all that apply):

☐ Refusal to sell, lease, or rent the real property because of a protected characteristic (Alaska Stat. § 18.80.240(1); 42 U.S.C. § 3604(a));

☐ Discriminatory terms, conditions, or privileges relating to the use, sale, lease, or rental of real property (Alaska Stat. § 18.80.240(2); 42 U.S.C. § 3604(b));

☐ Discriminatory inquiry or record of a protected characteristic of a person seeking to buy, lease, or rent (Alaska Stat. § 18.80.240(3));

☐ Discriminatory listing of real property with the understanding that a person may be discriminated against (Alaska Stat. § 18.80.240(4));

☐ Misrepresentation that property was unavailable for inspection, sale, rental, or lease (Alaska Stat. § 18.80.240(5); 42 U.S.C. § 3604(d));

☐ Blockbusting (Alaska Stat. § 18.80.240(6); 42 U.S.C. § 3604(e));

☐ Discriminatory advertising / statements indicating a preference, limitation, or discrimination (42 U.S.C. § 3604(c));

☐ Steering or otherwise making a dwelling unavailable because of a federally protected characteristic (42 U.S.C. § 3604(a));

☐ Refusal to make a reasonable accommodation or to permit a reasonable modification for a disability (42 U.S.C. § 3604(f)(3));

☐ Discrimination in financing or brokerage of a real property transaction (Alaska Stat. § 18.80.250; 42 U.S.C. § 3605);

☐ Aiding, abetting, inciting, compelling, or coercing a violation of the Alaska Human Rights Law (Alaska Stat. § 18.80.260), and/or coercion, intimidation, threats, or interference prohibited by 42 U.S.C. § 3617.

3.3. Specific conduct. [DESCRIBE WHAT HAPPENED — who said or did what, when, and where: [________________________________]].

3.4. Chronology. [PROVIDE DATED ACCOUNT: [________________________________]].

3.5. Comparator evidence. Similarly situated persons outside Plaintiff's protected class were treated more favorably, specifically [________________________________].

3.6. Disability-specific allegations (if applicable). Plaintiff has a physical or mental disability within the meaning of Alaska Stat. § 18.80.300 and 42 U.S.C. § 3602(h), specifically [________________________________]. Plaintiff requested the following reasonable accommodation or modification on or about [__/__/____]: [________________________________]. Defendant's response was:

☐ Denied the request without justification
☐ Failed to respond
☐ Imposed unreasonable conditions
☐ Retaliated against Plaintiff for making the request

3.7. Harm. As a direct and proximate result, Plaintiff suffered [denial of housing / costs of obtaining alternative housing / storage of goods and effects / moving and other costs actually incurred / increased housing costs / emotional distress, humiliation, and mental anguish / loss of housing opportunity / other: [________________________________]].

IV. COUNT I — VIOLATION OF THE ALASKA HUMAN RIGHTS LAW (Alaska Stat. § 18.80.240)

4.1. Plaintiff incorporates Paragraphs 1.1 through 3.7 as though fully set forth.

4.2. It is the policy of the State of Alaska to eliminate and prevent discrimination in the sale, lease, or rental of real property (Alaska Stat. § 18.80.200; § 18.80.210).

4.3. Alaska Stat. § 18.80.240 makes specified real-property practices unlawful based on sex, marital status, changes in marital status, pregnancy, race, religion, physical or mental disability, color, national origin, and, in specified paragraphs, age. The covered characteristics vary by subsection; counsel must match the alleged basis to the particular act pleaded.

4.4. Defendant engaged in one or more unlawful practices in the sale or rental of real property against Plaintiff because of Plaintiff's protected characteristic, as set forth above.

4.5. As a direct and proximate result, Plaintiff suffered monetary and other harm. Under Alaska Stat. § 22.10.020(i), this Court may enjoin conduct prohibited by Alaska Stat. ch. 18.80 and order other appropriate relief, including payment of money. Any attorney-fee award on the state claim is governed by applicable law, including Alaska Civil Rule 82.

V. COUNT II — VIOLATION OF THE FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604)

5.1. Plaintiff incorporates Paragraphs 1.1 through 3.7 as though fully set forth.

5.2. The federal Fair Housing Act, 42 U.S.C. § 3604, makes it unlawful to refuse to sell or rent, to discriminate in the terms or conditions of, to make discriminatory statements about, or to otherwise make unavailable a dwelling because of race, color, religion, sex, familial status, national origin, or handicap.

5.3. Defendant's conduct, described above, violated 42 U.S.C. § 3604 (and, as applicable, § 3605 and § 3617).

5.4. [If alleging disparate impact:] Plaintiff challenges the specific policy or policies identified in Paragraph [____] and alleges facts showing the required causal connection between those policies and the claimed disparity. Disparate-impact claims are cognizable under the FHA, subject to a robust causality requirement and the other limits described in Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

5.5. If Plaintiff prevails and satisfies the applicable standards, the Court may award actual and punitive damages, equitable relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

VI. COUNT III — FAILURE TO MAKE REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

[Include this Count only if a disability accommodation or modification is at issue.]

6.1. Plaintiff incorporates Paragraphs 1.1 through 3.7 as though fully set forth.

6.2. Under 42 U.S.C. § 3604(f)(3), discrimination includes a refusal to permit qualifying reasonable modifications and a refusal to make qualifying reasonable accommodations when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. Alaska Stat. § 18.80.240 separately prohibits specified real-property discrimination because of physical or mental disability; this Count does not represent that the state statute repeats every federal accommodation or modification standard.

6.3. Plaintiff's requested accommodation/modification was reasonable and necessary, and Defendant's refusal denied Plaintiff equal opportunity to use and enjoy the dwelling.

6.4. As a direct and proximate result, Plaintiff suffered the damages described herein.

VII. DAMAGES

7.1. Actual damages: economic loss and other actual damages proved under 42 U.S.C. § 3613(c)(1), together with monetary relief that the Court determines appropriate under Alaska Stat. § 22.10.020(i).

7.2. Emotional-distress / noneconomic damages: [include only if supported by the facts and recoverable under the claim and governing law selected by counsel]. The Alaska State Commission for Human Rights may not award noneconomic damages (Alaska Stat. § 18.80.130(a)).

7.3. Punitive damages: as authorized in a federal Fair Housing Act private action by 42 U.S.C. § 3613(c)(1), if supported by the facts and governing standard. The Alaska State Commission for Human Rights may not award punitive damages.

7.4. No civil penalties requested in this court complaint: the civil penalties described in 42 U.S.C. § 3612(g)(3) concern a HUD administrative proceeding and are not part of this prayer.

7.5. Attorney fees and costs: under Alaska R. Civ. P. 82 and 42 U.S.C. § 3613(c)(2), as applicable.

7.6. Pre- and post-judgment interest: as allowed by applicable law.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:

• A. For actual and compensatory damages (economic and emotional distress) according to proof;
• B. For punitive damages under 42 U.S.C. § 3613(c)(1), if supported by the facts and governing standard;
• C. For a declaratory judgment under Alaska Stat. § 22.10.020(g) that Defendants' conduct violated the Alaska Human Rights Law and the federal Fair Housing Act;
• D. For injunctive relief ordering Defendants to cease the discriminatory practices and granting other lawful, appropriately tailored equitable relief;
• E. For reasonable attorney's fees and costs as authorized by applicable law;
• F. For pre- and post-judgment interest as allowed by law; and
• G. For such other and further relief as the Court deems just and proper.

IX. SEPARATE DEMAND FOR JURY TRIAL

File this demand as its own document. Copy this section and the complete case caption into a separate document. Sign, serve, and file that demand no later than 10 days after service of the last pleading directed to the jury-triable issue. An embedded demand in this complaint does not meet Alaska Civil Rule 38(b), (d).

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

Plaintiff separately demands a trial by jury on all issues so triable as a matter of right under Alaska Civil Rule 38.

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

X. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (Alaska Bar No. [________])
Attorney for Plaintiff
[Firm Name]
[Address] · [City, AK ZIP]
Telephone: [____] · Email: [____]

XI. INITIAL SERVICE AND COMMISSION-COPY RECORD

Alaska Civil Rule 11(a) does not require an ordinary complaint to be verified unless a rule or statute specifically provides otherwise. The complaint must be signed. After filing, complete original service and keep the proof required by Alaska Civil Rule 4.

Filed with the Court on [__/__/____]:

Filed with the Court:
☐ Filed by the current method required or accepted by the Clerk

Clerk of the Superior Court, [________] Judicial District at [________], Alaska
[Courthouse address]

Original process served on Defendant(s):
☐ Summons and complaint served by a method authorized by Alaska R. Civ. P. 4 on [__/__/____]

[________________________________]

Copy served on the Alaska State Commission for Human Rights:
☐ Copy of complaint promptly served on the Commission's executive director as required by Alaska Stat. § 18.80.145(a) and 6 AAC 30.920 on [__/__/____]

[COMMISSION ADDRESS / VERIFIED DELIVERY METHOD]

Important: Ordinary electronic transmission or first-class mailing is not a substitute for original service of the summons and complaint on a defendant under Civil Rule 4. Separately and promptly serve the Commission copy required by Alaska Stat. § 18.80.145(a) and 6 AAC 30.920.

[________________________________]
Signature

Alaska Practice Notes

• State statute. The Alaska Human Rights Law, Alaska Stat. § 18.80.200 et seq., declares discrimination a matter of public concern (§ 18.80.200), protects the opportunity to obtain housing accommodations without discrimination (§ 18.80.210), and prohibits unlawful practices in the sale or rental of real property (§ 18.80.240) and in financing/brokerage (§ 18.80.250).
• Protected classes differ from the federal FHA (FLAG). Alaska Stat. § 18.80.240 uses paragraph-specific lists that include sex, marital status, changes in marital status, pregnancy, race, religion, physical or mental disability, color, national origin, and, in specified paragraphs, age. It does not use the federal FHA's broader familial status formulation and does not expressly enumerate sexual orientation or gender identity. Confirm the exact covered characteristics in the applicable paragraph and any current municipal ordinance.
• Enforcing agency. The Alaska State Commission for Human Rights investigates and adjudicates complaints. A person aggrieved by a discriminatory practice may file a written, verified complaint with the Commission (Alaska Stat. § 18.80.100); the executive director investigates and may attempt conciliation (§ 18.80.110), and the Commission may issue cease-and-desist and affirmative-relief orders after a hearing (§ 18.80.120, § 18.80.130).
• Commission remedies are LIMITED (key feature / FLAG). In a housing case, the Commission may order the sale, lease, or rental of the accommodation (or a like one, or the next vacancy) and may award actual damages — including alternative-housing, storage, and moving costs — and reasonable attorney fees (Alaska Stat. § 18.80.130(a)(2), (e)). The Commission may NOT award noneconomic or punitive damages (§ 18.80.130). A complainant requesting relief beyond the Commission's authority must identify separately applicable court authority; the federal FHA is one possible basis when its elements are met.
• Administrative charge vs. direct suit.
• State administrative: File a written, verified complaint with the Commission. Under current 6 AAC 30.230, a complaint alleging a noncontinuing practice must be filed no later than 300 days after the practice occurred, and a complaint alleging a continuing practice must be filed no later than 300 days after the practice stopped. The executive director may dismiss without prejudice if, among other things, the complainant has initiated or notified the Commission of an action in another forum on the same facts (§ 18.80.112).
• Court action: Alaska Stat. § 22.10.020(i) authorizes an injured or aggrieved person to apply directly to the superior court for relief under Alaska Stat. ch. 18.80. The plaintiff must promptly serve a copy of the complaint on the Commission under § 18.80.145(a); the Commission may intervene and may obtain limited deferral while it is investigating or actively addressing the challenged conduct. Confirm the governing limitations period for a private state-law court action before filing. Do not assume that every remedy unavailable from the Commission is automatically available on the state court claim.
• Federal FHA: A HUD administrative complaint must be filed within one year (42 U.S.C. § 3610(a)); a private civil action under 42 U.S.C. § 3613 must be filed within two years of the discriminatory practice (tolled during HUD processing).
• Remedies summary. State court: injunctions and other appropriate relief, including payment of money, under Alaska Stat. § 22.10.020(i), with prevailing-party attorney fees governed by Civil Rule 82 unless another law controls. Commission: actual damages + discretionary expenses/attorney fees only (no noneconomic/punitive). Federal FHA private suit: actual and punitive damages, equitable relief, and fees/costs (§ 3613(c)). HUD administrative proceedings may include civil penalties under § 3612(g)(3).
• Disparate impact. Disparate-impact liability is cognizable under the FHA. Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Weigh forum strategy accordingly.
• Unsettled / flag. Verify (1) the exact protected characteristics in the applicable § 18.80.240 paragraph; (2) any case-specific interaction between Commission proceedings and the court action; and (3) the limitations period for a private court action under the Alaska Human Rights Law.

Sources and References

• Alaska Stat. §§ 18.80.100-.300 — Alaska Legislature, current official statutory text — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=18.80.100&secEnd=18.80.300
• Alaska Stat. § 22.10.020(i) — Alaska Legislature, current official statutory text — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=22.10.020&secEnd=22.10.020
• Alaska Civil Rules 3, 4, 11, 38, and 82 — Alaska Court System, Rules of Civil Procedure — https://courts.alaska.gov/rules/docs/civ.pdf
• 6 AAC 30.230 and 6 AAC 30.920 — Alaska State Commission for Human Rights, official regulations — https://humanrights.alaska.gov/wp-content/uploads/2019/07/HRC-regulations-2019.pdf
• 42 U.S.C. §§ 3602, 3604, 3605, 3610, 3612, 3613, and 3617 — GovInfo, United States Code — https://www.govinfo.gov/app/details/USCODE-2024-title42/USCODE-2024-title42-chap45
• 28 U.S.C. § 1441 — GovInfo, United States Code — https://www.govinfo.gov/app/details/USCODE-2024-title28/USCODE-2024-title28-partIV-chap89-sec1441
• Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) — official U.S. Reports, volume 576 — https://www.supremecourt.gov/opinions/boundvolumes/576BV.pdf

Disclaimer: This template is for informational purposes only and does not constitute legal advice. The Alaska Human Rights Law (AS 18.80.200 et seq.) is enforced by the Alaska State Commission for Human Rights, which may award actual damages and attorney fees but NOT noneconomic or punitive damages (AS 18.80.130). A court request for noneconomic or punitive damages must rest on separately applicable authority. Alaska's housing provisions use paragraph-specific lists that differ from the federal FHA's familial-status framework and do not expressly enumerate sexual orientation or gender identity. Verify the applicable § 18.80.240 paragraph and the current limitations periods before filing. An attorney licensed in Alaska must review and customize this document before use.