Fair Housing Act Complaint - Nevada

NEVADA FAIR HOUSING LAW COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Nevada Fair Housing Law (NRS 118.100)
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. Nevada Practice Notes
15. Sources and References

1. CAPTION

IN THE [________] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF [________________________________]

CASE NO. [________________________________]

DEPT. NO. [________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Nevada Fair Housing Law (NRS 118.100);
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (NRS 118.101; 42 U.S.C. § 3604(f)(3)).

DEMAND FOR JURY TRIAL

Exempt from Arbitration — Equitable/Injunctive Relief Sought

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], Nevada, and a member of one or more classes protected by the Nevada Fair Housing Law and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

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 licensee / lender] of the dwelling located at [PROPERTY ADDRESS] (the "Subject Property"), and is a "person" within the meaning of NRS 118.080 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.

2.4. Doe Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants sued as Does I through X and will amend this Complaint pursuant to NRCP 10(a) when ascertained.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this action under Nev. Const. art. 6, § 6 and over the private civil action authorized by NRS 118.120, which permits any person to commence an action in any district court in Nevada to enforce NRS 118.100.

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

3.3. Venue is proper in [________________________________] County under NRS 13.040 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 NRS 118.060 and 42 U.S.C. § 3602(b), and does not fall within any exemption set out in NRS 118.060.

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) under NRS 118.020 and 118.100: [IDENTIFY — race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex].

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, or otherwise making a dwelling unavailable (NRS 118.100(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, including deposits, fees, services, or facilities (NRS 118.100(2))
☐ Discriminatory notice, statement, or advertisement (NRS 118.100(3))
☐ Misrepresentation that a dwelling is unavailable (NRS 118.100(4))
☐ Blockbusting / inducement for profit (NRS 118.100(5))
☐ Steering / making housing unavailable
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (NRS 118.101(1)(b); 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the dwelling (NRS 118.101(1)(a); 42 U.S.C. § 3604(f)(3)(A))
☐ Refusal to rent because of a service, support, or assistance animal (NRS 118.105)
☐ Harassment or hostile housing environment
☐ Coercion, intimidation, threat, or interference with fair housing rights (NRS 118.100(6); 42 U.S.C. § 3617)
☐ Other state-protected-class discrimination (sexual orientation; gender identity or expression; ancestry): [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 NRS 118.045 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 / demanded an improper deposit].

4.7. Plaintiff reported the discriminatory conduct to [Defendant / the Nevada Equal Rights 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 — NEVADA FAIR HOUSING LAW (NRS 118.100)

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

5.2. It is the declared public policy of the State of Nevada that all people have equal opportunity to inherit, purchase, lease, rent, sell, hold, and convey real property without discrimination because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex (NRS 118.020).

5.3. NRS 118.100 makes it unlawful, because of any of those protected characteristics, to refuse to sell or rent or negotiate, to make a dwelling unavailable, to discriminate in terms or conditions, to make discriminatory statements or advertisements, to misrepresent availability, to engage in blockbusting, or to coerce, intimidate, threaten, or interfere with the exercise of fair housing rights.

5.4. Defendant's conduct alleged above constitutes one or more unlawful practices under NRS 118.100 because of Plaintiff's protected class.

5.5. Pursuant to NRS 118.120, Plaintiff is entitled to injunctive relief, actual damages, punitive damages, court costs, and a reasonable attorney's fee.

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 NRS 118.045 and 42 U.S.C. § 3602(h).

7.3. Defendant refused to make reasonable accommodations in rules, policies, practices, or services necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling, and/or refused to permit reasonable modifications of the premises, in violation of NRS 118.101 and 42 U.S.C. § 3604(f)(3)(A)–(B); and/or refused to allow a service, support, or assistance animal in violation of NRS 118.105.

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 (NRS 118.120).

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

8.3. Punitive damages under NRS 118.120 (state) and 42 U.S.C. § 3613(c)(1) (federal), where Defendant's conduct was willful, malicious, or in reckless disregard of Plaintiff's rights.

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

8.5. Reasonable attorney's fees and court costs under NRS 118.120 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 NRS 118.120 and 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated the Nevada Fair Housing Law 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 court costs under NRS 118.120 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, pursuant to NRCP 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 Nevada 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], Nevada.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Nev. 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 / mail / electronic service per NEFCR]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

14. NEVADA PRACTICE NOTES

• State statute and protected classes. The Nevada Fair Housing Law (NRS 118.010–118.120) is notably broader than the federal FHA: in addition to race, religious creed, color, national origin, disability, familial status, and sex, it protects sexual orientation, gender identity or expression, and ancestry (NRS 118.020; NRS 118.100). "Sexual orientation" and "gender identity or expression" are statutorily defined in NRS 118.093 and 118.075.
• Enforcing agency. The Nevada Equal Rights Commission (NERC) is the state enforcement agency. An aggrieved person may file an administrative complaint with the NERC in the manner prescribed in NRS 233.160 (NRS 118.110). The nonprofit Silver State Fair Housing Council also provides enforcement and testing assistance.
• Administrative charge vs. court suit. An administrative complaint to the NERC is not a prerequisite to suit. Under NRS 118.120, any person may commence a private civil action directly in district court. Caution — limitations: NRS 118.120 requires the action to be commenced not less than 1 year after the occurrence or termination of the alleged violation — courts read this as a one (1)-year statute of limitations for the state-law court action (markedly shorter than the federal 2-year window). File promptly and confirm the operative limitations period.
• 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 within two (2) years (42 U.S.C. § 3613(a)(1)(A)).
• Remedies. State: injunction or other affirmative action, actual damages, punitive damages, court costs, and a reasonable attorney's fee (NRS 118.120). Federal: actual and punitive damages, injunctive relief, attorney's fees and costs (§ 3613(c)). HUD ALJ proceedings carry civil penalties.
• Disability / assistance animals. NRS 118.101 codifies reasonable accommodation and modification duties; NRS 118.105 separately protects service, support, and assistance animals and limits the proof a landlord may require. NRS 118.103 imposes accessible-design requirements for covered multifamily dwellings built on or after March 13, 1991.
• Eviction defense. NRS 118.115 provides a tenant a defense in a summary eviction or possession proceeding where the landlord's attempt to terminate or regain possession violates the Nevada Fair Housing Law or the federal FHA — relevant where retaliation is alleged.

15. SOURCES AND REFERENCES

• NRS Chapter 118 (Nevada Fair Housing Law) — https://www.leg.state.nv.us/nrs/nrs-118.html
• NRS 118.100 (prohibited acts and practices)
• NRS 118.120 (action for injunction or damages; 1-year limitation; punitive damages, costs, fees)
• NRS 118.110 (complaint to Commission per NRS 233.160)
• Nevada Equal Rights Commission — https://detr.nv.gov/Page/Nevada_Equal_Rights_Commission_(NERC)
• Clark County Fair Housing (NERC role; 1-year admin / 2-year court) — https://www.clarkcountynv.gov/residents/community_housing_fund/cho/fair-housing
• 42 U.S.C. § 3604 (federal FHA) — 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)
• 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 Nevada must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.