Fair Housing Act Complaint - Connecticut

CONNECTICUT FAIR HOUSING ACT COMPLAINT

1. CAPTION

SUPERIOR COURT OF CONNECTICUT

JUDICIAL DISTRICT OF [____________________]

DOCKET NO. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of Conn. Gen. Stat. § 46a-64c (Discriminatory Housing Practices);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (Conn. Gen. Stat. § 46a-64c; 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], Connecticut, and an "aggrieved person" within the meaning of Conn. Gen. Stat. § 46a-51.

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 Conn. Gen. Stat. § 46a-51.

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 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 Conn. Gen. Stat. § 46a-64c.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Conn. Gen. Stat. § 51-164s and § 46a-100, which authorizes a private civil action by a complainant who has received a release of jurisdiction from the CHRO.

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

3.3. Venue is proper in the Judicial District of [____________________] under Conn. Gen. Stat. § 46a-100 (where the discriminatory practice occurred, where the respondent does business, or where the complainant resides) and § 51-345.

3.4. Administrative prerequisite and timeliness. On or about [DATE], Plaintiff timely filed a complaint with the Connecticut Commission on Human Rights and Opportunities ("CHRO"), CHRO No. [__________], within 180 days of the discriminatory act as required by Conn. Gen. Stat. § 46a-82(e). On or about [DATE], the CHRO issued a release of jurisdiction, and this action is filed within the time permitted by Conn. Gen. Stat. § 46a-101. The federal Count is filed within two (2) years of the discriminatory act under 42 U.S.C. § 3613(a).

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by Conn. Gen. Stat. § 46a-64c, which prohibits discriminatory housing practices because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, status as a veteran, learning disability, physical or mental disability, status as a victim of domestic violence, and sexual orientation (the last under Conn. Gen. Stat. § 46a-81e).

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., lawful source of income (Section 8/RAP/Housing Choice Voucher), disability (________), sexual orientation, gender identity or expression, race (________), familial status, status as a veteran, victim of domestic violence].

4.4. Defendant engaged in one or more of the following discriminatory housing practices (Conn. Gen. Stat. § 46a-64c(a)):

☐ Refusal to sell or rent after a bona fide offer, or refusal to negotiate (§ 46a-64c(a)(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 46a-64c(a)(2))
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation (§ 46a-64c(a)(3))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (§ 46a-64c(a)(4)(A))
☐ Steering / restricting buyer or renter choices based on protected class (§ 46a-64c(a)(4)(B))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability)
☐ Refusal to permit a reasonable modification of the premises (disability)
☐ Harassment or creation of a hostile housing environment
☐ Retaliation, coercion, intimidation, or interference for exercising fair-housing rights
☐ Lawful-source-of-income discrimination — refusing a tenant because of Section 8/RAP or other lawful subsidy
☐ 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 physical or mental disability within the meaning of Conn. Gen. Stat. § 46a-51, specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance 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 — CONNECTICUT DISCRIMINATORY HOUSING PRACTICES (Conn. Gen. Stat. § 46a-64c)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by Conn. Gen. Stat. § 46a-64c 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 entitled to the relief authorized by Conn. Gen. Stat. § 46a-89, including actual damages, punitive damages, injunctive relief, civil penalties, and reasonable attorney fees and 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 physical or mental disability under Conn. Gen. Stat. § 46a-51 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 Conn. Gen. Stat. § 46a-64c and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney 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: Conn. Gen. Stat. § 46a-89(d) authorizes punitive damages for discriminatory housing practices, and 42 U.S.C. § 3613(c)(1) authorizes punitive damages under the federal FHA.

8.4. Civil penalties: as authorized under Conn. Gen. Stat. § 46a-89 in an action by the Attorney General on behalf of the CHRO.

8.5. Attorney fees and costs: under Conn. Gen. Stat. §§ 46a-89, 46a-104 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 under Conn. Gen. Stat. § 46a-89(d) and 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated Connecticut and federal fair-housing laws;
• 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 civil penalties as authorized by law;
• G. For reasonable attorney fees and costs under Conn. Gen. Stat. §§ 46a-89, 46a-104 and 42 U.S.C. § 3613(c);
• H. For pre- and post-judgment interest; and
• I. 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 Conn. Gen. Stat. § 52-215 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of false statement under the laws of the State of Connecticut 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], Connecticut.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Connecticut Juris 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 — state marshal / personal service / electronic service per Conn. Practice Book § 10-12 et seq.]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. CONNECTICUT PRACTICE NOTES

• Enforcing agency. The Connecticut Commission on Human Rights and Opportunities (CHRO), through its Housing Discrimination Unit, investigates and adjudicates housing-discrimination complaints under Conn. Gen. Stat. § 46a-64c.
• Protected classes (broader than federal). Conn. Gen. Stat. § 46a-64c: race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, status as a veteran, learning disability, and physical or mental disability, plus status as a victim of domestic violence and sexual orientation (§ 46a-81e). "Lawful source of income" includes Section 8/Housing Choice Vouchers and the state Rental Assistance Program (RAP).
• Administrative charge and election. A complainant generally must FIRST file with the CHRO within 180 days of the discriminatory act (Conn. Gen. Stat. § 46a-82(e)). To bring a private civil action, the complainant must obtain a release of jurisdiction from the CHRO and then sue within the period set by Conn. Gen. Stat. § 46a-101 (generally within 90 days of the release, and within two years of the date of filing the CHRO complaint). State employees may file directly in court. This administrative-exhaustion requirement distinguishes Connecticut from states (e.g., Arizona, California) that permit a direct fair-housing suit without exhaustion.
• Limitations periods.
• State administrative complaint to CHRO: 180 days (§ 46a-82(e)).
• State court (after release of jurisdiction): file within the period set by § 46a-101.
• 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. Conn. Gen. Stat. § 46a-89 authorizes injunctive relief, actual damages, punitive damages, civil penalties, and attorney fees for discriminatory housing practices — broader than the CHRO's administrative remedies in non-housing cases. No statutory cap on actual or punitive damages in a § 46a-64c housing action.
• Owner-occupied exemptions. Owner-occupied buildings of four units or fewer are exempt from the sexual-orientation portion, and owner-occupied two-unit buildings are exempt from the gender identity/expression portion (§ 46a-64c(b)).
• Removal exposure. The federal count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441.

15. SOURCES AND REFERENCES

• Conn. Gen. Stat. § 46a-64c (discriminatory housing practices) — https://codes.findlaw.com/ct/title-46a-human-rights/ct-gen-st-sect-46a-64c/
• Conn. Gen. Stat. Chapter 814c (Human Rights and Opportunities; §§ 46a-82, 46a-89, 46a-100, 46a-101) — https://www.cga.ct.gov/current/pub/chap_814c.htm
• CHRO — Fair Housing complaint process (180-day filing) — https://portal.ct.gov/CHRO/Complaint-Process/Fair-Housing/What-happens-after-I-file-a-complaint
• GLAD — Housing Discrimination in Connecticut (sexual orientation / gender identity) — https://www.gladlaw.org/issues/housing-discrimination-connecticut/
• 42 U.S.C. § 3604 (federal FHA), § 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 Connecticut must review and customize this document before filing. Verify all statutory citations and court rules before use.