Fair Housing Act Complaint - Nebraska

NEBRASKA FAIR HOUSING ACT COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Nebraska Fair Housing Act (Neb. Rev. Stat. § 20-318)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Failure to Accommodate or Permit Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Nebraska Practice Notes
15. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Nebraska Fair Housing Act (Neb. Rev. Stat. § 20-318);
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (Neb. Rev. Stat. § 20-318.01; 42 U.S.C. § 3604(f)(3)).

DEMAND FOR JURY TRIAL

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

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, COUNTY], Nebraska. Plaintiff is a member of one or more classes protected by the Nebraska Fair Housing Act and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES) — e.g., race, color, religion, national origin, disability, familial status, sex, military or veteran status].

2.2. Defendant Owner / Landlord. Defendant [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times has been, the [owner / landlord / property manager / real estate broker / lender] of the dwelling located at [PROPERTY ADDRESS] (the "Subject Property"), and is a "person" within the meaning of Neb. Rev. Stat. § 20-310 and 42 U.S.C. § 3602(d).

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is, and at all relevant times was, a [leasing agent / manager / employee / agent] of Defendant [ENTITY] acting within the course and scope of that agency, and is sued individually and in that capacity.

2.4. Doe Defendants. Plaintiff is presently 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 when ascertained.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Neb. Rev. Stat. § 24-302 and over the Nebraska Fair Housing Act private civil action authorized by Neb. Rev. Stat. § 20-344.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes an aggrieved person to bring a civil action in an appropriate state or federal court.

3.3. Venue is proper in [________________________________] County under Neb. Rev. Stat. § 25-403.01 because the Subject Property is located in this county and the unlawful conduct occurred here.

3.4. The Subject Property is a "dwelling" within the meaning of Neb. Rev. Stat. § 20-311 and 42 U.S.C. § 3602(b), and does not fall within any exemption set out in Neb. Rev. Stat. § 20-322.

4. FACTUAL ALLEGATIONS

4.1. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided in / inquired about] the Subject Property.

4.2. At all relevant times, Plaintiff was a member of the following protected class(es): [IDENTIFY — race, color, religion, national origin, disability, familial status, sex, military or veteran status].

4.3. Defendant engaged in one or more of the following discriminatory housing practices because of Plaintiff's protected class:

☐ Refusal to rent, sell, or negotiate for the sale or rental of a dwelling (Neb. Rev. Stat. § 20-318(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 20-318(2))
☐ Discriminatory notice, statement, or advertisement (§ 20-318(3))
☐ Misrepresentation that a dwelling is unavailable (§ 20-318(4))
☐ Discriminatory inquiry or record concerning protected status (§ 20-318(5))
☐ Steering / making housing unavailable
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (§ 20-318.01; 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the dwelling (§ 20-318.01; 42 U.S.C. § 3604(f)(3)(A))
☐ Harassment or hostile housing environment
☐ Retaliation, coercion, intimidation, or interference (42 U.S.C. § 3617)
☐ Blockbusting / inducement for profit (§ 20-318(8))
☐ Other state-protected-class discrimination (military or veteran status): [DESCRIBE]

4.4. Specifically, Defendant [DESCRIBE THE DISCRIMINATORY ACT IN DETAIL — what happened, who acted, what was said or done, dates].

4.5. [Comparator evidence: similarly situated persons outside Plaintiff's protected class were treated more favorably — DESCRIBE.]

4.6. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of Neb. Rev. Stat. § 20-308.01 and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation or modification: [DESCRIBE]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.7. Plaintiff reported the discriminatory conduct to [Defendant / the Nebraska Equal Opportunity Commission / HUD] on [DATE].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the harm described in Section 8 below.

5. COUNT I — NEBRASKA FAIR HOUSING ACT (Neb. Rev. Stat. § 20-318)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

5.2. The Nebraska Fair Housing Act, Neb. Rev. Stat. § 20-318, makes it unlawful to refuse to sell or rent, to discriminate in terms or conditions, to make discriminatory statements or advertisements, to misrepresent availability, or to otherwise make housing unavailable to any person because of race, color, religion, national origin, disability, familial status, sex, or military or veteran status.

5.3. Defendant's conduct alleged above constitutes one or more unlawful discriminatory housing practices under § 20-318 because of Plaintiff's protected class.

5.4. Defendant's conduct was intentional, or in the alternative produced an unjustified discriminatory effect (disparate impact) on members of Plaintiff's protected class.

5.5. As a direct and proximate result, Plaintiff is entitled to actual damages, injunctive relief, and reasonable attorney's fees and costs under Neb. Rev. Stat. § 20-344.

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

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

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

6.3. Defendant's conduct constitutes unlawful discrimination under 42 U.S.C. § 3604(a)–(d) and, where disability is alleged, § 3604(f).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Disparate-impact liability is cognizable under the federal Fair Housing Act. Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Plaintiff brings this private civil action under 42 U.S.C. § 3613 and is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs.

7. COUNT III — FAILURE TO ACCOMMODATE OR PERMIT MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

7.2. Plaintiff is a person with a disability within the meaning of Neb. Rev. Stat. § 20-308.01 and 42 U.S.C. § 3602(h).

7.3. Defendant refused to make reasonable accommodations in rules, policies, practices, or services that were necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling, and/or refused to permit, at Plaintiff's expense, reasonable modifications of the premises, in violation of Neb. Rev. Stat. § 20-318.01 and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.4. The requested accommodation or modification was reasonable and necessary, and Defendant's refusal was not justified by undue burden or fundamental alteration.

7.5. As a direct and proximate result, Plaintiff suffered the damages described below.

8. DAMAGES

8.1. Actual / compensatory damages, including out-of-pocket losses, increased housing costs, moving and relocation expenses, and lost housing opportunity, in amounts to be proven at trial.

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

8.3. Punitive damages under the federal Fair Housing Act, 42 U.S.C. § 3613(c)(1), where Defendant's conduct was willful or in reckless disregard of Plaintiff's federally protected rights.

8.4. Civil penalties available in any related administrative proceeding before the Nebraska Equal Opportunity Commission or HUD.

8.5. Reasonable attorney's fees and costs under Neb. Rev. Stat. § 20-344 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 damages for emotional distress, humiliation, and mental anguish;
• C. For punitive damages under 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated the Nebraska Fair Housing Act and the federal Fair Housing Act;
• E. For injunctive relief enjoining further discrimination and requiring the requested accommodation or modification, policy reform, and training;
• F. For reasonable attorney's fees and costs under Neb. Rev. Stat. § 20-344 and 42 U.S.C. § 3613(c)(2);
• 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 hereby demands a trial by jury on all issues so triable as a matter of right.

11. VERIFICATION

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

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

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Neb. Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [________________]

Email: [________________]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing COMPLAINT was served on the following parties by [method — personal service / certified mail / electronic service]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

14. NEBRASKA PRACTICE NOTES

• State statute and protected classes. The Nebraska Fair Housing Act (Neb. Rev. Stat. § 20-301 et seq.) prohibits housing discrimination because of race, color, religion, national origin, disability, familial status, sex, and military or veteran status. Note that, unlike some neighboring states, Nebraska's Fair Housing Act does not expressly enumerate sexual orientation or gender identity as protected classes; however, federal sex-discrimination coverage may reach sexual-orientation and gender-identity claims after Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII context), which HUD has applied to the federal FHA — flag this as an evolving and unsettled point for housing.
• Enforcing agency. The Nebraska Equal Opportunity Commission (NEOC) administers and enforces the Act (Neb. Rev. Stat. § 20-139). An aggrieved person may file an administrative complaint with the NEOC, which investigates, conciliates, determines probable cause, and may hold hearings. County attorneys also have enforcement authority.
• Administrative charge vs. court suit. Filing an administrative charge with the NEOC (or HUD) is not a prerequisite to a private civil action under the Nebraska Fair Housing Act; the aggrieved person may proceed directly to district court under Neb. Rev. Stat. § 20-344. Verify the current statutory limitations period for the private action and for the administrative charge (NEOC complaints are generally subject to a one-year filing period that tracks the federal scheme).
• Federal limitations. Under the federal FHA, an administrative complaint must be filed with HUD within one (1) year of the discriminatory act (42 U.S.C. § 3610(a)(1)(A)(i)), and a private federal civil action must be filed within two (2) years of the act or termination of a discriminatory housing practice (42 U.S.C. § 3613(a)(1)(A)), excluding time during which an administrative proceeding was pending.
• Remedies. State: actual damages, injunctive/affirmative relief, attorney's fees and costs (§ 20-344). Federal: actual and punitive damages, injunctive relief, attorney's fees and costs (§ 3613(c)). HUD ALJ proceedings carry civil penalties.
• Punitive damages caveat. Nebraska does not permit common-law punitive damages (Neb. Const. art. VII, § 5 directs penalties to schools). Punitive damages in this action are recoverable only under the federal FHA count, not the Nebraska Fair Housing Act count. Confirm before pleading.
• Disparate impact. Cognizable under both the federal FHA (Inclusive Communities, 2015) and Nebraska's parallel statute; plead facts supporting the discriminatory-effect theory in the alternative.

15. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 20-318 (unlawful acts) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-318
• Neb. Rev. Stat. § 20-139 (NEOC administration; powers) — https://nebraskalegislature.gov/laws/statutes.php?statute=20-139
• Nebraska Fair Housing Act overview (NEOC) — https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairHousingAct.pdf
• Nebraska Equal Opportunity Commission — https://neoc.nebraska.gov/
• 42 U.S.C. § 3604 (federal FHA prohibited practices) — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3613 (private civil action; 2-year SOL)
• 42 U.S.C. § 3617 (interference, coercion, intimidation)
• Texas Dep't of Housing & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (sex discrimination; relevance to SOGI flagged as unsettled in housing)
• 24 C.F.R. Part 100 (HUD Fair Housing regulations)

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