Fair Housing Act Complaint - Rhode Island

RHODE ISLAND FAIR HOUSING PRACTICES ACT COMPLAINT (R.I. Gen. Laws § 34-37 et seq.)

1. CAPTION

STATE OF RHODE ISLAND

[PROVIDENCE/BRISTOL / KENT / NEWPORT / WASHINGTON] COUNTY SUPERIOR COURT

C.A. No. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Rhode Island Fair Housing Practices Act (R.I. Gen. Laws § 34-37-4);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Failure to Provide Reasonable Accommodation / Modification (R.I. Gen. Laws § 34-37-4; 42 U.S.C. § 3604(f)). [if disability is at issue]

JURY TRIAL DEMANDED

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

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY/TOWN, COUNTY], Rhode Island, and a person aggrieved by an unlawful housing practice within the meaning of R.I. Gen. Laws § 34-37 et seq.

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 housing accommodation at issue and is an "owner" or "person" subject to R.I. Gen. Laws § 34-37-3 and § 34-37-4.

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 presently unaware of the true names and capacities of Defendants sued as John Does 1-10 and will amend this Complaint when ascertained.

2.5. Subject property. The housing accommodation at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "housing accommodation" within the meaning of R.I. Gen. Laws § 34-37-3.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under R.I. Gen. Laws § 8-2-13. Plaintiff brings the state-law count pursuant to the right-to-sue notice issued under R.I. Gen. Laws § 34-37-5 [(l) / (n)-(o)].

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 R.I. Gen. Laws §§ 34-37-5(l) or (o) and 28-5-28 [STATE THE FACTS SUPPORTING VENUE].

3.4. Administrative posture. On [DATE], Plaintiff filed a housing-discrimination charge with the Rhode Island Commission for Human Rights (RICHR). On [DATE], RICHR issued Plaintiff a right-to-sue notice under § 34-37-5 [(l) / (n)]. This complaint is filed within 90 days after that notice. [STATE THE FACTS ESTABLISHING THE SELECTED RIGHT-TO-SUE ROUTE.]

4. FACTUAL ALLEGATIONS

4.1. The Rhode Island Fair Housing Practices Act prohibits housing discrimination because of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, familial status, national origin, disability (mental and physical), age (18+), status as a victim of domestic violence, housing status, military status, or lawful source of income (R.I. Gen. Laws §§ 34-37-2 through 34-37-4.6).

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 (Housing Choice Voucher/Section 8), disability (________), sexual orientation, gender identity or expression, victim of domestic violence, housing status, military status, familial status].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell, rent, lease, let, or otherwise withhold a housing accommodation (R.I. Gen. Laws § 34-37-4(a))
☐ Discrimination in the terms, conditions, or privileges of sale, rental, or lease, or in services or facilities
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation
☐ Misrepresenting that a housing accommodation is unavailable when it is in fact available
☐ Steering, or fostering segregated housing (R.I. Gen. Laws § 34-37-5.3)
☐ Discrimination in brokerage services (R.I. Gen. Laws § 34-37-5.2)
☐ Discrimination in a residential real estate-related transaction / financing (R.I. Gen. Laws §§ 34-37-4.3, 34-37-5.4)
☐ 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
☐ Interference, coercion, intimidation, or retaliation (R.I. Gen. Laws § 34-37-5.1)
☐ Discrimination based on lawful source of income — refusing a Housing Choice Voucher/Section 8 or other lawful subsidy (R.I. Gen. Laws § 34-37-4.6)
☐ Other state-protected-class discrimination: [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 is a person with a disability within the meaning of R.I. Gen. Laws § 34-37-3 and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/support 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 — RHODE ISLAND FAIR HOUSING PRACTICES ACT (R.I. Gen. Laws § 34-37-4)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unlawful housing practices prohibited by R.I. Gen. Laws § 34-37-4 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Under R.I. Gen. Laws § 34-37-5(l) or (o), as applicable, Plaintiff requests relief supported by the right-to-sue route and proof, including damages, appropriate affirmative relief, 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). If a discriminatory housing practice is found, the court may award actual and punitive damages and appropriate injunctive or other relief under 42 U.S.C. § 3613(c)(1); the court may, in its discretion, allow the prevailing party reasonable attorney fees and costs under § 3613(c)(2).

7. COUNT III — DISABILITY: REASONABLE ACCOMMODATION / MODIFICATION (R.I. Gen. Laws § 34-37-4; 42 U.S.C. § 3604(f))

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under R.I. Gen. Laws § 34-37-3 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 R.I. Gen. Laws § 34-37-4 and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual 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: under the federal FHA (42 U.S.C. § 3613(c)(1)) where supported by proof; the Rhode Island Superior Court may also award punitive damages in a § 34-37-5(l) or (o) right-to-sue action.

8.4. Attorney fees and costs: under the Rhode Island Fair Housing Practices Act and 42 U.S.C. § 3613(c)(2).

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

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as supported by the pleaded claims, applicable law, and proof, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages on the federal FHA count and, if pleaded, the Rhode Island right-to-sue count;
• D. For a declaration that Defendants' conduct violated Rhode Island and federal fair-housing laws;
• E. For permanent injunctive and affirmative 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 reasonable attorney fees and costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. JURY TRIAL DEMAND

Plaintiff demands a jury trial on every issue triable by jury as of right under R.I. Super. R. Civ. P. 38.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Rhode Island 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/TOWN], Rhode Island.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], R.I. Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. SERVICE OF ORIGINAL PROCESS AND PROOF

Serve the summons, Complaint, Language Assistance Notice, and other required documents together under R.I. Super. R. Civ. P. 4. Use the Rule 4 method for the defendant and a duly authorized officer or adult nonparty server. A Rule 4(d) waiver request may be sent through the EFS or by mail, but a request alone is not completed service; file the returned waiver. For service outside Rhode Island, check the specific Rule 4(f) or (g) method, including its signed-receipt mail option. Ordinary mail or EFS service on counsel is not a substitute for original process.

Defendant served: [NAME] Date and time: [__________] Place: [__________]

Method and person receiving service: [DESCRIBE]

Documents served: Summons, Complaint, Language Assistance Notice, and [OTHER REQUIRED DOCUMENTS]

Server: [NAME AND CONTACT INFORMATION]

Attach the server's proof to the original process. A non-officer server must make an affidavit; file any return receipt and proof of service as Rule 4(j) requires. If service was waived, file the signed waiver instead.

14. RHODE ISLAND PRACTICE NOTES

• Enforcing agency. The Rhode Island Commission for Human Rights (RICHR) enforces the state's fair-housing laws. Housing charges filed with RICHR are frequently co-filed with HUD.
• Protected classes (broader than federal). R.I. Gen. Laws § 34-37 (and related sections): race, color, religion, sex (including pregnancy and sexual harassment), familial/minor-children status, disability (mental and physical), and additionally — under state law only — marital status, sexual orientation, gender identity or expression, age (18+), status as a victim of domestic violence, housing status, military status, and lawful source of income. "Lawful source of income" includes child support, alimony, Social Security/SSI, public-assistance and veterans' benefits, and housing subsidies including Section 8 Housing Choice Vouchers (R.I. Gen. Laws § 34-37-4.6).
• Exemptions. Owner-occupied housing of 3 units or fewer is exempt from the sexual orientation and gender-identity-or-expression portions of the law (former §§ 34-37-4.4 / 34-37-4.5); a religious organization may limit occupancy of property it owns for non-commercial purposes (§ 34-37-4.2). Confirm exemptions before filing.
• Administrative charge vs. court suit. A charge must be filed with RICHR within one year of the discriminatory practice's occurrence or termination (§ 34-37-5(b)). A state-court complaint follows a right-to-sue notice under § 34-37-5(l) or (n)-(o) and must be filed within 90 days after the notice. Section 34-37-6 instead governs Superior Court review and enforcement of a final Commission order by petition. The federal FHA count has a separate court route.
• Limitations periods.
• RICHR administrative charge: 1 year from the discriminatory act (§ 34-37-5(b)).
• Judicial review of a final RICHR order: 30 days from service of the order (§ 34-37-6(i)).
• 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)).
• Remedies and penalties. The Commission may award damages, attorney fees, and civil penalties under § 34-37-5(h). In a right-to-sue action, the Superior Court may grant relief consistent with subsection (h) and may award punitive damages under § 34-37-5(l) or (o). Civil penalties awarded under subsection (h) are deposited in the state treasury.
• Removal exposure. A federal FHA count can support federal-question removal. State-only pleading may still be removable if diversity jurisdiction exists under 28 U.S.C. § 1332, subject to § 1441(b)(2): a properly joined and served Rhode Island defendant prevents removal based solely on diversity.

15. SOURCES AND REFERENCES

• R.I. Gen. Laws ch. 34-37 (Rhode Island Fair Housing Practices Act — index of sections) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-37/INDEX.HTM
• R.I. Gen. Laws § 34-37-6 (judicial review and enforcement) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-37/34-37-6.htm
• R.I. Gen. Laws § 34-37-5 (administrative process and right-to-sue routes) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-37/34-37-5.htm
• Rhode Island Commission for Human Rights — Housing Discrimination FAQ — https://richr.ri.gov/documents/housingfaq.pdf
• Rhode Island Commission for Human Rights — https://richr.ri.gov/
• GLAD — Housing Discrimination in Rhode Island — https://www.gladlaw.org/issues/housing-discrimination-rhode-island/
• 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 Rhode Island must review and customize this document before filing. Verify all statutory citations, the RICHR procedural posture, and court rules before use.