Fair Housing Act Complaint - Montana

MONTANA FAIR HOUSING COMPLAINT — MONTANA HUMAN RIGHTS ACT AND FEDERAL FAIR HOUSING ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Montana Human Rights Act (Housing)
7. Count II — Federal Fair Housing Act (42 U.S.C. § 3604 / § 3617)
8. Count III — Reasonable Accommodation / Modification (Disability)
9. Damages
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification
13. Signature and Service Blocks
14. Certificate of Service
15. Montana Practice Notes
16. Sources and References

1. CAPTION

MONTANA [____] JUDICIAL DISTRICT COURT

[____] COUNTY

Cause No. [____]

COMPLAINT FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF

1. Discrimination in Housing in Violation of the Montana Human Rights Act (Mont. Code Ann. § 49-2-305);
2. Discrimination in Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Modification (Mont. Code Ann. § 49-2-305(5); 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, alleges as follows:

2. INTRODUCTION

2.1. This is a civil action for housing discrimination arising from Defendants' unlawful conduct in connection with a housing accommodation on the basis of Plaintiff's [PROTECTED CHARACTERISTIC], in violation of the Montana Human Rights Act ("MHRA"), Mont. Code Ann. tit. 49, ch. 2, and the federal Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.

2.2. Montana prohibits discrimination in housing on bases that include several classes — such as marital status, age, and creed — that the federal FHA does not reach.

2.3. Plaintiff seeks actual and compensatory damages, civil penalties, declaratory and injunctive relief, and reasonable attorney's fees and costs.

3. PARTIES

3.1. Plaintiff. Plaintiff [NAME] ("Plaintiff") is an adult individual residing in [CITY, COUNTY], Montana, and a member of one or more classes protected under the MHRA and FHA, namely [PROTECTED CLASS(ES)].

3.2. Defendant Owner / Lessor / Manager. Defendant [NAME] ("Defendant [SHORT NAME]") is, and at all relevant times was, the owner, lessor, or manager having the right to sell, lease, or rent the housing accommodation located at [PROPERTY ADDRESS], within the meaning of Mont. Code Ann. § 49-2-305(1).

3.3. Individual Defendant. Defendant [NAME] is, and at all relevant times was, a [manager / leasing agent / member / officer] of Defendant [ENTITY], acting within the course and scope of that agency.

3.4. [Real estate broker / lender Defendant, if applicable]. Defendant [NAME] is a person whose business includes engaging in residential real estate-related transactions within the meaning of Mont. Code Ann. § 49-2-305(7).

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction under Mont. Code Ann. § 3-5-302 and § 49-2-510, which authorizes an aggrieved party to commence a civil action in an appropriate district court for a violation of § 49-2-305.

4.2. This Court may adjudicate the parallel federal Fair Housing Act claims concurrently with the federal district courts. 42 U.S.C. § 3613(a).

4.3. Venue is proper in [____] County under Mont. Code Ann. § 25-2-122 because the unlawful discriminatory practice occurred in this County and/or Defendant resides in this County.

4.4. Administrative process. A housing discrimination complaint may be filed with the Montana Human Rights Bureau within 180 days of the practice (Mont. Code Ann. § 49-2-510(1)). After the Bureau's informal investigation, a party may elect a civil action in lieu of an agency hearing (§ 49-2-510(4)), and in all events an aggrieved party may commence a civil action in district court within two (2) years of the practice (§ 49-2-510(5)). Plaintiff [filed Human Rights Bureau Complaint No. ____ on __/__/____ and now proceeds in district court / proceeds directly under § 49-2-510(5)].

5. FACTUAL ALLEGATIONS

5.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought financing for] the housing accommodation located at [PROPERTY ADDRESS] ("the Property").

5.2. Plaintiff is a member of the following protected class(es): [IDENTIFY — sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin].

5.3. Plaintiff was qualified for and met the legitimate, nondiscriminatory requirements for the [tenancy / purchase / loan].

5.4. Discriminatory practice(s) alleged. Defendants engaged in one or more of the following unlawful discriminatory practices:

☐ Refusal to sell, lease, or rent (Mont. Code Ann. § 49-2-305(1)(a); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges (Mont. Code Ann. § 49-2-305(1)(b); 42 U.S.C. § 3604(b))
☐ Discriminatory inquiry as to a protected characteristic (Mont. Code Ann. § 49-2-305(1)(c))
☐ Refusal to negotiate or otherwise making housing unavailable (Mont. Code Ann. § 49-2-305(1)(d); 42 U.S.C. § 3604(a))
☐ Misrepresentation that property is unavailable (Mont. Code Ann. § 49-2-305(1)(e); 42 U.S.C. § 3604(d))
☐ Steering / discriminatory representations about neighborhood entry (Mont. Code Ann. § 49-2-305(1)(f))
☐ Discriminatory advertising or statements (Mont. Code Ann. § 49-2-305(3); 42 U.S.C. § 3604(c))
☐ Blockbusting (Mont. Code Ann. § 49-2-305(1)(f); 42 U.S.C. § 3604(e))
☐ Discrimination in residential real estate-related / lending transactions (Mont. Code Ann. § 49-2-305(7); 42 U.S.C. § 3605)
☐ Refusal to make reasonable accommodation or permit reasonable modification (Mont. Code Ann. § 49-2-305(5); 42 U.S.C. § 3604(f)(3))
☐ Harassment / hostile housing environment
☐ Retaliation, coercion, or interference (Mont. Code Ann. § 49-2-301; 42 U.S.C. § 3617)
☐ Discrimination based on a state-protected class not covered by federal law (e.g., marital status, age, creed): [DESCRIBE]

5.5. Specifically, Defendants [DESCRIBE THE DISCRIMINATORY CONDUCT IN DETAIL — what was said and done, by whom, on what date(s), and any witnesses].

5.6. Similarly situated persons outside Plaintiff's protected class(es) were treated more favorably, including [COMPARATOR / TESTER EVIDENCE].

5.7. Defendants' stated reasons for the adverse housing decision are pretextual; the true motivating factor was Plaintiff's protected characteristic(s).

5.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 9.

6. COUNT I — MONTANA HUMAN RIGHTS ACT (HOUSING)

6.1. Plaintiff incorporates the preceding paragraphs by reference.

6.2. Mont. Code Ann. § 49-2-305 makes it an unlawful discriminatory practice to refuse to sell, lease, or rent a housing accommodation, or to discriminate in the terms thereof, because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin.

6.3. Defendants discriminated against Plaintiff because of Plaintiff's [PROTECTED CHARACTERISTIC] by [the practice(s) identified in ¶ 5.4], in violation of Mont. Code Ann. § 49-2-305(1), (3), (4), (5), and/or (7).

6.4. Defendants further retaliated against Plaintiff in violation of Mont. Code Ann. § 49-2-301.

6.5. As a direct and proximate result, Plaintiff is entitled to actual damages, affirmative and injunctive relief, civil penalties, and attorney's fees under Mont. Code Ann. § 49-2-506 and § 49-2-510.

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

7.1. Plaintiff incorporates the preceding paragraphs by reference.

7.2. The federal Fair Housing Act prohibits discrimination in the sale or rental of a dwelling, or in the terms, conditions, or privileges thereof, because of race, color, religion, sex, familial status, national origin, or disability. 42 U.S.C. § 3604.

7.3. Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS] through the conduct described above, in violation of 42 U.S.C. § 3604(a)–(f) and/or § 3605.

7.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of FHA-protected rights, in violation of 42 U.S.C. § 3617.

7.5. Plaintiff may bring this private civil action in state court within two (2) years of the discriminatory housing practice. 42 U.S.C. § 3613(a). No administrative exhaustion is required for this count.

7.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

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

8.1. Plaintiff incorporates the preceding paragraphs by reference.

8.2. Plaintiff has a physical or mental disability within the meaning of Mont. Code Ann. § 49-2-101 and 42 U.S.C. § 3602(h), namely [DESCRIBE IMPAIRMENT AND FUNCTIONAL LIMITATIONS].

8.3. On or about [__/__/____], Plaintiff requested the following reasonable [accommodation in rules, policies, practices, or services / modification of the premises at Plaintiff's expense]: [DESCRIBE].

8.4. The requested accommodation or modification was necessary to allow Plaintiff full enjoyment of, and an equal opportunity to use and enjoy, the premises.

8.5. Defendants [refused / failed to respond to / imposed unreasonable conditions on] the request, in violation of Mont. Code Ann. § 49-2-305(5)(a)–(b) and 42 U.S.C. § 3604(f)(3)(A)–(B).

8.6. As a direct and proximate result, Plaintiff suffered the harms described below.

9. DAMAGES

9.1. Actual / economic damages: out-of-pocket losses, increased housing costs, moving and storage expenses, lost housing opportunity, and consequential pecuniary losses, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, embarrassment, anxiety, mental anguish, and loss of dignity, as part of the affirmative relief necessary to rectify the harm under Mont. Code Ann. § 49-2-506.

9.3. Civil penalties: assessable by the department in an administrative housing proceeding — up to $10,000 for a first violation and up to $25,000 for a repeat violation within five years (Mont. Code Ann. § 49-2-510(2)); HUD administrative penalties under the FHA also escalate for repeat violations.

9.4. Punitive damages: available under the federal FHA count (42 U.S.C. § 3613(c)(1)).

9.5. Attorney's fees and costs: recoverable under Mont. Code Ann. § 49-2-505/§ 49-2-506 (as applicable) and 42 U.S.C. § 3613(c)(2).

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

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants, jointly and severally, and award:

• A. Actual and compensatory damages according to proof;
• B. Damages for emotional distress, humiliation, and mental anguish;
• C. Punitive damages under the federal Fair Housing Act count;
• D. Civil penalties as authorized by Mont. Code Ann. § 49-2-510(2);
• E. A declaratory judgment that Defendants' conduct violated the Montana Human Rights Act and the federal Fair Housing Act;
• F. Affirmative and permanent injunctive relief enjoining further discrimination and requiring affirmative steps (sale/rental of the Property, the requested accommodation or modification, fair-housing training, and policy reform);
• G. Reasonable attorney's fees and costs under Montana law and 42 U.S.C. § 3613(c)(2);
• H. Pre- and post-judgment interest; and
• I. Such other and further relief as the Court deems just.

11. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Mont. R. Civ. P. 38 and Mont. Const. art. II, § 26.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Montana that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that its contents are true and correct to the best of my knowledge, information, and belief.

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

[____]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____]

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

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, MT ZIP]

Telephone: [____]

Email: [____]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of the foregoing COMPLAINT on all parties or their counsel of record by [method — service of summons per Mont. R. Civ. P. 4 / Montana eFiling system / U.S. mail per Mont. R. Civ. P. 5] at the addresses below:

[SERVICE LIST]

[____]

[NAME / TITLE]

15. MONTANA PRACTICE NOTES

• Governing statute. The Montana Human Rights Act (MHRA), Mont. Code Ann. tit. 49, ch. 2, governs housing discrimination. Section 49-2-305 is the operative housing provision; subsection (5) sets out the disability accommodation/modification duty and (7) covers residential real estate-related transactions.
• Protected classes (housing). Sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin (Mont. Code Ann. § 49-2-305(1)). Montana's inclusion of marital status, age, and creed materially exceeds the federal FHA. (Some advocacy sources also reference protection for political beliefs in housing — verify against the current statute before pleading.)
• Enforcing agency. The Montana Human Rights Bureau (within the Department of Labor and Industry's Employment Relations Division) investigates housing complaints. A complaint must be written and verified and filed within 180 days after the discriminatory practice occurred or was discovered (Mont. Code Ann. § 49-2-501(4), § 49-2-510(1)); the grievance-procedure rule may extend filing up to 300 days (§ 49-2-501(4)(b)). The Bureau conducts an informal investigation and, upon a preponderance finding, may proceed to a contested-case hearing.
• Election and court suit. After the informal investigation, a party may elect to have the claim decided in a civil action in lieu of a hearing (Mont. Code Ann. § 49-2-510(4)). In all events, an aggrieved party may commence a civil action in district court within two (2) years after the practice occurred or was discovered; the two-year period excludes time during which an administrative proceeding was pending (§ 49-2-510(5)). Note that Montana's general MHRA scheme channels most discrimination claims through the Bureau first; the housing-specific § 49-2-510 expressly authorizes the 2-year district-court action — confirm the interaction with the general exhaustion rule for the specific claim.
• Federal limitations. HUD administrative complaint within one (1) year; private FHA suit within two (2) years (42 U.S.C. § 3610(a), § 3613(a)).
• Remedies. MHRA: make-whole/affirmative relief and injunctive relief (Mont. Code Ann. § 49-2-506), plus civil penalties of up to $10,000 (first) or $25,000 (repeat within 5 years) in housing cases (§ 49-2-510(2)). The FHA adds actual and uncapped punitive damages and attorney's fees (42 U.S.C. § 3613(c)); pursue punitive damages chiefly via the federal count.
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441; the nearest HUD FHEO office for Montana is the Denver Regional Office.
• Exemptions. The MHRA exempts the rental of up to three sleeping rooms in an owner-occupied single-family residence (Mont. Code Ann. § 49-2-305(2)); the FHA exempts certain owner-occupied buildings of four or fewer units and single-family homes sold without a broker (42 U.S.C. § 3603(b)). Discriminatory-advertising prohibitions apply regardless of exemption.

16. SOURCES AND REFERENCES

• Montana Human Rights Act, Mont. Code Ann. tit. 49, ch. 2 — https://mca.legmt.gov/bills/mca_toc/49_2.htm
• Mont. Code Ann. § 49-2-305 (discrimination in housing) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0050/0490-0020-0030-0050.html
• Mont. Code Ann. § 49-2-501 (filing complaints) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0010/0490-0020-0050-0010.html
• Mont. Code Ann. § 49-2-510 (housing enforcement; civil penalties; 2-year action) — https://mca.legmt.gov/bills/mca/title_0490/chapter_0020/part_0050/section_0100/0490-0020-0050-0100.html
• Montana Human Rights Bureau — https://erd.dli.mt.gov/human-rights/
• Montana Fair Housing (HUD-funded private enforcement) — https://www.montanafairhousing.org/
• Montana LawHelp — Discrimination in Housing (FAQ) — https://www.montanalawhelp.org/resource/discrimination-housing-faq
• Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.hud.gov/helping-americans/fair-housing-act-overview
• 42 U.S.C. § 3613 (private civil action; 2-year SOL) and § 3617 (interference)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)
• HUD/DOJ Joint Statements on Reasonable Accommodations (2004) and Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Montana must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.