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 / 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 and the Rhode Island Fair Housing Practices Act, R.I. Gen. Laws § 34-37-6.

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 § 34-37-6(a) (county where the unlawful housing practices were committed or where a respondent resides or transacts business) and § 9-4-3.

3.4. Administrative posture. On or about [DATE], Plaintiff filed a charge of housing discrimination with the Rhode Island Commission for Human Rights (RICHR).

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. Plaintiff is entitled to the relief available under R.I. Gen. Laws §§ 34-37-5 and 34-37-6, including actual damages, injunctive and affirmative relief, and 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). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

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 Defendant acted with malice or reckless indifference.

8.4. Civil penalties: as authorized in RICHR proceedings.

8.5. Attorney fees and costs: under the Rhode Island Fair Housing Practices Act 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 emotional-distress damages;
• C. For punitive damages on the federal FHA 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 trial by jury on all issues so triable pursuant to R.I. Super. R. Civ. P. 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 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. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — service of process per R.I. Super. R. Civ. P. 4 / mail / electronic service per the Rhode Island Judiciary EFS rules]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

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. RI's scheme is primarily administrative. A charge must be filed with RICHR within one (1) year of the discriminatory act (R.I. Gen. Laws § 34-37-5(b)). Section 34-37-6 governs Superior Court judicial review and enforcement of a final Commission order. Whether and when a direct private civil action lies under chapter 34-37 is more constrained than in many states — confirm the right-to-sue posture; the federal FHA count provides an independent 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 Act authorizes actual damages, injunctive and affirmative relief, civil penalties, and attorney fees through the RICHR/Superior Court process; the federal FHA count adds punitive damages.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor in state court.

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
• 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.