Fair Housing Act Complaint - Tennessee

TENNESSEE FAIR HOUSING (THRA) COMPLAINT

1. CAPTION

IN THE [CHANCERY / CIRCUIT] COURT FOR [____________________] COUNTY, TENNESSEE

DOCKET NO. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Tennessee Human Rights Act — Housing (Tenn. Code Ann. § 4-21-601 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (Tenn. Code Ann. § 4-21-601(b); 42 U.S.C. § 3604(f)). [if disability is at issue]

JURY TRIAL DEMANDED

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Tennessee, and a "person aggrieved" by a discriminatory housing practice.

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 real property or housing accommodation 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. Doe Defendants. The true names and capacities of Defendants sued as Does 1 through 10 are presently unknown; Plaintiff will seek leave to amend when ascertained.

2.5. Subject property. The real property or housing accommodation at issue is located at [PROPERTY ADDRESS] (the "Property").

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Tenn. Code Ann. § 4-21-311(a), which vests a private civil cause of action for violations of the Tennessee Human Rights Act in the chancery court or circuit court.

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 because the Property is located in this County and the discriminatory acts occurred here.

3.4. Timeliness. This action is filed within one (1) year after the alleged discriminatory practice ceased, as required by Tenn. Code Ann. § 4-21-311(d).

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the THRA's housing provisions. Tenn. Code Ann. § 4-21-601 prohibits housing discrimination because of race, color, creed, religion, sex, disability, familial status, 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 (________), race (________), familial status, religion, creed, national origin].

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

☐ Refusal to sell or rent after a bona fide offer, or refusal to negotiate, or otherwise making housing unavailable (Tenn. Code Ann. § 4-21-601(a)(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 4-21-601(a)(2))
☐ Refusal to receive or transmit a bona fide offer (§ 4-21-601(a)(3))
☐ Misrepresenting that real property or a housing accommodation is unavailable when it is in fact available (§ 4-21-601(a)(4))
☐ Discriminatory notice, statement, advertisement, sign, application form, or record of inquiry (§ 4-21-601(a)(5))
☐ Accepting or retaining a listing with a discriminatory understanding (§ 4-21-601(a)(6))
☐ Steering / denial of access to multiple-listing or real estate broker services (§ 4-21-601(a)(7))
☐ Refusal to permit a reasonable modification of the premises at the disabled person's expense (§ 4-21-601(b)(2)(A))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (§ 4-21-601(b)(2)(B))
☐ Harassment or creation of a hostile housing environment (§ 4-21-601)
☐ Interference, coercion, or intimidation / retaliation (Tenn. Code Ann. § 4-21-602)
☐ Other state-protected basis: [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, specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/emotional-support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / 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 — TENNESSEE HUMAN RIGHTS ACT — HOUSING (Tenn. Code Ann. § 4-21-601 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by Tenn. Code Ann. § 4-21-601 (and, as to interference/coercion/intimidation, § 4-21-602) 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 remedies authorized by Tenn. Code Ann. § 4-21-311, including actual damages, injunctive relief, costs, and reasonable attorney's fees, and — because this case involves discriminatory housing practices — punitive damages under § 4-21-311(c).

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 the THRA 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 Tenn. Code Ann. § 4-21-601(b)(2)(A)-(B) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive 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 (Tenn. Code Ann. § 4-21-311(b)).

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

8.3. Punitive damages: In a discriminatory-housing-practice case, the court may award punitive damages under Tenn. Code Ann. § 4-21-311(c); punitive damages are likewise available under 42 U.S.C. § 3613(c)(1).

8.4. Civil penalties: The civil penalty of up to $10,000 under Tenn. Code Ann. § 4-21-306(a)(9) is available in a THRC administrative proceeding but is expressly excluded from the private civil action by § 4-21-311(c).

8.5. Attorney's fees and costs: under Tenn. Code Ann. § 4-21-311(b) 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 as authorized by Tenn. Code Ann. § 4-21-311(c) and 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated Tennessee 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 reasonable attorney's 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. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Tennessee 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], Tennessee.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Tenn. BPR No. [______]

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 on the following by [method — personal service / certified mail / electronic service in accordance with Tenn. R. Civ. P. 5]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. TENNESSEE PRACTICE NOTES

• Enforcing agency. The Tennessee Human Rights Commission (THRC) administers and enforces the Tennessee Human Rights Act, including its housing provisions (Tenn. Code Ann. § 4-21-601 et seq.). The THRC is a HUD-certified Fair Housing Assistance Program (FHAP) agency.
• Protected classes (track federal, plus "creed"). Tenn. Code Ann. § 4-21-601(a): race, color, creed, religion, sex, disability, familial status, and national origin. Tennessee does NOT add source of income, sexual orientation, or gender identity at the state level. Note that some Tennessee localities have enacted broader protections in limited contexts; verify any applicable municipal ordinance.
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file an administrative complaint with the THRC (Tenn. Code Ann. § 4-21-302 et seq.) OR commence a private civil action directly under Tenn. Code Ann. § 4-21-311. Filing the civil action SUPERSEDES and CLOSES any pending THRC complaint on the same violations (§ 4-21-311(d)).
• Limitations periods.
• State court (private THRA housing suit): 1 year after the discriminatory practice ceases (Tenn. Code Ann. § 4-21-311(d)). This is shorter than most state FHA windows — calendar it carefully.
• State administrative complaint to THRC: generally 180 days for housing (consistent with the federal HUD window); confirm current THRC intake rules.
• 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)).
• Damages and penalties. Tenn. Code Ann. § 4-21-311 authorizes actual damages, injunctive relief, costs, attorney's fees, and — in housing cases — punitive damages. The § 4-21-306(a)(9) civil penalty (up to $10,000) is available only in THRC administrative proceedings, NOT in the private court action. Tennessee's general punitive-damages cap (§ 29-39-104) may apply to the state count.
• Burden of proof. Tenn. Code Ann. § 4-21-311(e) codifies a McDonnell Douglas burden-shifting framework for intentional discrimination/retaliation; the plaintiff retains the ultimate burden of persuasion.
• 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 the case in Tennessee court.

15. SOURCES AND REFERENCES

• Tenn. Code Ann. § 4-21-601 (THRA discriminatory housing practices) — https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-601/
• Tenn. Code Ann. § 4-21-311 (private civil action; 1-year SOL; remedies) — https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-311/
• Tennessee Human Rights Commission — https://www.tn.gov/humanrights.html
• THRC Statutes (compiled) — https://www.tn.gov/content/dam/tn/humanrights/images/THRC_Statutes_revised_thru_20161.pdf
• 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 Tennessee must review and customize this document before filing. Verify all statutory citations and court rules before use.