Fair Housing Act Complaint - Ohio

OHIO FAIR HOUSING COMPLAINT

1. CAPTION

IN THE COURT OF COMMON PLEAS

[____________________] COUNTY, OHIO

Case No. [____________________]

Judge [____________________]

COMPLAINT

(Jury Demand Endorsed Hereon)

Plaintiff, for his/her Complaint against Defendants, states as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Ohio, and an "aggrieved person" within the meaning of Ohio Rev. Code § 4112.01 and 42 U.S.C. § 3602(i).

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.

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. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of Ohio Rev. Code § 4112.01.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this civil action under Ohio Rev. Code § 4112.051(A)(1), which authorizes an aggrieved person to enforce the rights granted by Ohio Rev. Code § 4112.02(H) by filing a civil action in the court of common pleas.

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

3.3. Venue is proper in [COUNTY] County under Ohio Rev. Code § 4112.051(A)(1) and Ohio Civ. R. 3(C) because the alleged unlawful discriminatory practice occurred in this County.

3.4. Timeliness. This action is filed within one (1) year after the alleged unlawful discriminatory practice occurred, as required by Ohio Rev. Code § 4112.051(A)(1).

4. FACTUAL ALLEGATIONS

4.1. Ohio Rev. Code § 4112.02(H) prohibits discrimination in housing because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin.

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., disability (________), familial status, military status, ancestry, race (________), national origin, religion, sex].

4.4. Defendant engaged in one or more of the following discriminatory housing practices in violation of Ohio Rev. Code § 4112.02(H):

☐ Refusal to sell, rent, or otherwise make a dwelling available, or refusal to negotiate (R.C. § 4112.02(H)(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (R.C. § 4112.02(H)(4))
☐ Discriminatory advertisement, statement, notice, or inquiry indicating a preference or limitation (R.C. § 4112.02(H)(7))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (R.C. § 4112.02(H)(8))
☐ Blockbusting / inducing sale or rental by neighborhood-composition representations (R.C. § 4112.02(H)(9))
☐ Steering or otherwise restricting choices in connection with a sale or rental
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (R.C. § 4112.02(H)(15))
☐ Refusal to permit a reasonable modification of the premises (disability) (R.C. § 4112.02(H)(15))
☐ Discrimination in residential real-estate-related transactions / financing (R.C. § 4112.02(H)(10)-(13))
☐ Coercion, intimidation, threats, or interference with the exercise of fair-housing rights (R.C. § 4112.02(H)(12))
☐ 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 within the meaning of Ohio Rev. Code § 4112.01(A)(13) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., emotional-support/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 — OHIO FAIR HOUSING (Ohio Rev. Code § 4112.02(H))

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unlawful discriminatory practices prohibited by Ohio Rev. Code § 4112.02(H) because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact), in violation of Ohio law.

5.4. Plaintiff is entitled to enforce these rights by civil action under Ohio Rev. Code § 4112.051, including damages, injunctive relief, and other appropriate relief.

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's 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 under Ohio Rev. Code § 4112.01(A)(13) 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 Ohio Rev. Code § 4112.02(H)(15) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.5. Plaintiff is entitled to 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 conscious disregard of Plaintiff's rights, warranting punitive damages under 42 U.S.C. § 3613(c)(1) and Ohio law.

8.4. Civil penalties: as authorized in Attorney General or administrative proceedings under Ohio Rev. Code § 4112.052 (tiered penalties payable to the State).

8.5. Attorney's fees and costs: under Ohio Rev. Code § 4112.052/§ 4112.99 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 demands 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 Ohio 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's fees and costs;
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to Ohio Rev. Code § 4112.051(A)(1), Ohio Civ. R. 38, and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

STATE OF OHIO )

COUNTY OF [____________________ ] ) ss.

[PLAINTIFF NAME], being first duly sworn, states that he/she is the Plaintiff in the foregoing Complaint, that he/she has read the same and knows the contents thereof, and that the same is true to the best of his/her knowledge, except as to matters stated on information and belief, and as to those he/she believes them to be true.

[____________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [__/__/____].

[____________________]

Notary Public

My commission expires: [__________]

12. SIGNATURE BLOCK

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME] (0000000)

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Complaint was served upon the following by [method — Clerk of Courts certified mail per Ohio Civ. R. 4.1 / personal service / e-service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. OHIO PRACTICE NOTES

• Enforcing agency. The Ohio Civil Rights Commission (OCRC) administers and enforces Ohio Rev. Code Chapter 4112, including the fair-housing provisions of § 4112.02(H).
• Protected classes (broader than federal). Ohio Rev. Code § 4112.02(H): race, color, religion, sex, military status, familial status, ancestry, disability, and national origin. "Military status" and "ancestry" are Ohio additions beyond the federal FHA's seven classes. Ohio does NOT add sexual orientation, gender identity, age, or source of income as statewide housing classes.
• Administrative charge vs. direct court suit.
• Direct civil action: an aggrieved person may sue directly in the court of common pleas under § 4112.051 within one year of the practice; administrative exhaustion is NOT required for housing claims.
• Administrative charge: a charge may be filed with the OCRC under § 4112.05; if the OCRC issues a complaint, a party may elect within 30 days to convert it to a civil action prosecuted by the Attorney General (§ 4112.051(A)(2)).
• Limitations periods.
• State civil action in common pleas: 1 year from the occurrence (Ohio Rev. Code § 4112.051(A)(1)). This is shorter than the general employment-discrimination limitations period — do not assume the two-year employment SOL applies to housing.
• State administrative charge to the OCRC (housing): generally 1 year from the occurrence (Ohio Rev. Code § 4112.05).
• 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)). The federal court window is longer than the state one — preserve the federal claim.
• Damages and penalties. A court may award damages, injunctive relief, and other appropriate relief; the Attorney General may obtain civil penalties under § 4112.052. Ohio's tort-reform caps (R.C. §§ 2315.18, 2315.21) and the 2021 Chapter 4112 reforms may limit compensatory/punitive damages on the state count; the federal FHA count is uncapped and is generally the stronger vehicle for punitive damages and fees.
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading only the state count to anchor in state court — but note the state count's short 1-year window.

15. SOURCES AND REFERENCES

• Ohio Rev. Code § 4112.02 (unlawful discriminatory practices; (H) housing) — https://codes.ohio.gov/ohio-revised-code/section-4112.02
• Ohio Rev. Code § 4112.051 (filing civil action; 1-year SOL, jury trial) — https://codes.ohio.gov/ohio-revised-code/section-4112.051
• Ohio Rev. Code Chapter 4112 — https://codes.ohio.gov/ohio-revised-code/chapter-4112
• Ohio Civil Rights Commission — https://crc.ohio.gov/
• 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 Ohio must review and customize this document before filing. Verify all statutory citations and court rules before use.