Fair Housing Act Complaint - Arkansas

ARKANSAS FAIR HOUSING ACT COMPLAINT

1. CAPTION

IN THE CIRCUIT COURT OF [____________________] COUNTY, ARKANSAS

[________] DIVISION

CASE NO. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Arkansas Fair Housing Act (Ark. Code § 16-123-201 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (Ark. Code § 16-123-207; 42 U.S.C. § 3604(f)).

DEMAND FOR JURY TRIAL

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Arkansas, and an "aggrieved person" within the meaning of the Arkansas Fair Housing Act.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue and is a "person" within the meaning of Ark. Code § 16-123-202.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Doe Defendants. Plaintiff is unaware of the true names and capacities of Defendants sued as Does 1 through 10 and will amend this Complaint to allege their true names and capacities when ascertained.

2.5. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of the Arkansas Fair Housing Act.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Article 7 of the Arkansas Constitution and the Arkansas Fair Housing Act, which authorizes an aggrieved person to bring a civil action for relief (Ark. Code §§ 16-123-338, -344).

3.2. This Court has concurrent jurisdiction over the federal claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County because the Property is located in this County and the discriminatory acts occurred here. See Ark. Code § 16-60-101 et seq.

3.4. Timeliness. This action is filed within two (2) years after the occurrence or termination of the discriminatory housing practice, consistent with the Arkansas Fair Housing Act and 42 U.S.C. § 3613(a).

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the Arkansas Fair Housing Act. The Act prohibits discrimination because of race, color, religion, sex, national origin, familial status (children under 18, pregnant persons, persons securing custody of a minor), and disability (handicap). See Ark. Code §§ 16-123-202, -204.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., race (________), national origin (________), disability (________), familial status, sex, religion].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to rent or sell, or refusal to negotiate for rental or sale (Ark. Code § 16-123-204)
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities
☐ Discriminatory advertising, notices, or statements indicating a preference or limitation
☐ Misrepresenting that a dwelling is unavailable when it is in fact available
☐ Steering Plaintiff toward or away from a neighborhood based on protected class
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (Ark. Code § 16-123-207)
☐ Refusal to permit a reasonable modification of the premises (disability) (Ark. Code § 16-123-207)
☐ Harassment or creation of a hostile housing environment
☐ Retaliation, coercion, intimidation, or interference for exercising fair-housing rights
☐ Charging higher rent, fees, or a larger security deposit because of protected class
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability (handicap) within the meaning of Ark. Code § 16-123-202 and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — ARKANSAS FAIR HOUSING ACT (Ark. Code § 16-123-201 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by the Arkansas Fair Housing Act, Ark. Code §§ 16-123-204 and 16-123-207, because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Plaintiff is an aggrieved person entitled to relief under Ark. Code § 16-123-338, including compensatory and punitive damages, reasonable attorney's fees, and court costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability (handicap) under Ark. Code § 16-123-202 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of Ark. Code § 16-123-207 and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to compensatory and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with malice or reckless or callous indifference to Plaintiff's state- and federally-protected rights, warranting punitive damages under Ark. Code § 16-123-338(1) and 42 U.S.C. § 3613(c)(1).

8.4. Civil penalties: as authorized in a pattern-or-practice action by the Arkansas Attorney General under Ark. Code § 16-123-341 (up to $50,000 for a first violation; up to $100,000 for a subsequent violation).

8.5. Attorney's fees and court costs: under Ark. Code § 16-123-338(2)-(3) and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

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

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages;
• D. For a declaration that Defendants' conduct violated the Arkansas and federal Fair Housing Acts;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney's fees and court costs under Ark. Code § 16-123-338 and 42 U.S.C. § 3613(c);
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to Ark. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Arkansas that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], Arkansas.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Arkansas Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / certified mail / electronic service per Ark. R. Civ. P. 5]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. ARKANSAS PRACTICE NOTES

• Arkansas DOES have a comprehensive state fair housing act. The Arkansas Fair Housing Act (Act 1785 of 2001, as amended 2003; codified at Ark. Code § 16-123-201 et seq.) is HUD-recognized as "substantially equivalent" to the federal FHA. This corrects a common misconception that fair housing in Arkansas is purely federal. The separate Arkansas Civil Rights Act of 1993 (Ark. Code § 16-123-101 et seq.) addresses employment, public accommodations, and constitutional rights but is not the primary housing vehicle — the Fair Housing Act subchapter is.
• Enforcing agency. The Arkansas Fair Housing Commission is the state's sole civil-rights regulatory authority and enforces fair housing and fair lending laws statewide. It is a quasi-judicial agency that may resolve complaints through administrative hearing and order damages, attorney fees, and court costs.
• Protected classes. Race, color, religion, sex, national origin, familial status, and disability (handicap) — the federal baseline only. Arkansas's act adds NO state-specific classes (no source of income, sexual orientation, gender identity, marital status, or age). Local ordinances (e.g., the City of Little Rock fair housing ordinance) may add protections — check the applicable municipal code.
• Administrative charge vs. direct court suit. A complainant may file an administrative complaint with the Arkansas Fair Housing Commission OR pursue a private civil action; the Act tracks the federal FHA election structure. The Attorney General may bring a pattern-or-practice action at the Commission's request under Ark. Code § 16-123-341.
• Limitations periods.
• State court (private suit): generally 2 years from the discriminatory act, consistent with the federally-modeled act.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. Ark. Code § 16-123-338 authorizes compensatory AND punitive damages, reasonable attorney's fees, and court costs in a private action. Ark. Code § 16-123-341 authorizes civil penalties up to $50,000 (first violation) and $100,000 (subsequent) in AG pattern-or-practice actions. No statutory cap on actual or punitive damages in private suits.
• Unsettled / thin points. Arkansas has historically lacked a robust private fair-housing bar and testing infrastructure, and reported Arkansas Fair Housing Act case law is sparse; many practitioners proceed under the federal FHA in federal court because the body of federal precedent is far deeper. Confirm the precise private-action limitations period and the current Commission complaint procedures before filing, and consider pleading the federal count to access well-developed FHA remedies and fee-shifting.
• Removal exposure. The federal count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441.

15. SOURCES AND REFERENCES

• Ark. Code § 16-123-201 (short title — Arkansas Fair Housing Act) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-2/section-16-123-201/
• Ark. Code § 16-123-338 (relief; compensatory and punitive damages, attorney's fees, court costs) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-3/section-16-123-338/
• Ark. Code § 16-123-341 (Attorney General pattern-or-practice action; civil penalties) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-3/section-16-123-341/
• Arkansas Department of Inspector General — Fair Housing / Laws — https://ig.arkansas.gov/fair-housing/laws/
• Arkansas Fair Housing Commission (Encyclopedia of Arkansas) — https://encyclopediaofarkansas.net/entries/arkansas-fair-housing-commission-8193/
• 42 U.S.C. § 3604 (federal FHA prohibited practices), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Arkansas must review and customize this document before filing. Verify all statutory citations and court rules before use.