Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 1 of 10

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

Civil Action No. 2:17-cv-00334

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Plaintiff,

COMPLAINT

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v.
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DEBBIE A. APPLEBY, APPLE ONE, LLC,
APPLE TWO, LLC, and, APPLE THREE, LLC,

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Defendants.

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The United States of America (“United States”) alleges as follows:
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I. NATURE OF THIS ACTION
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1.

This action is brought by the United States to enforce Title VIII of the Civil

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Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (“Fair Housing
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Act”), 42 U.S.C.§§ 3601-3631. It is brought on behalf of Ashley and Ryan Sytsma (the
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“Sytsmas”), pursuant to 42 U.S.C. § 3612(o). It is also brought pursuant to 42 U.S.C. § 3614(a).
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II. JURISDICTION AND VENUE
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2.

This Court has jurisdiction over this action pursuant to 28 U.S.C. §1345, and 42

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U.S.C. §§ 3612(o) and 3614(a).
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COMPLAINT
Civil Action No. 2:17-cv-00334 - 1

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 2 of 10

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3.

The United States District Court for the Western District of Washington is a

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proper venue for this action under 28 U.S.C. § 1391(b) because all or a substantial part of the

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events giving rise to this action occurred in this district, this action concerns real property located

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in this district, and all defendants reside within this district.

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III. PARTIES AND SUBJECT PROPERTIES
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The Sytsmas reside in Edmonds, WA. At the time of the alleged discriminatory

acts described herein, they had a minor child who was one-year-old.
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Defendants Apple One, LLC, Apple Two, LLC and Apple Three, LLC

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(“Defendant LLCs”), are Washington limited liability companies whose registered agent is

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Michael P. Appleby and whose business address is an identical address in Stanwood, WA.

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6.

At all times relevant to this Complaint, Defendant Apple One, LLC was the

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owner of the residential multi-unit apartment property located at 201 5th Ave. N. (“Apple One

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Apartment”) in Edmonds, WA.

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At all times relevant to this Complaint, Defendant Apple Two, LLC was the

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owner of the residential multi-unit apartment property located at 621 5th Ave. S. (“Apple Two

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Apartment”) in Edmonds, WA.

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8.

At all times relevant to this Complaint, Defendant Apple Three, LLC was the

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owner of the residential multi-unit apartment property located at 401 Pine Street (“Apple Three

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Apartment”) in Edmonds, WA.

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9.

The Apple One Apartment, Apple Two Apartment, and Apple Three Apartment

(collectively, the “Apartment Properties”) are “dwelling[s]” as defined by 42 U.S.C. § 3602(b).

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COMPLAINT
Civil Action No. 2:17-cv-00334 - 2

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 3 of 10

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Defendant Debbie A. Appleby (“Defendant Appleby”) is a governor of each of

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the Defendant LLCs, as well as of Whitney Lane, LLC. She resides in the Western District of

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Washington.

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At all times relevant to this Complaint, Defendant Appleby acted as rental agent

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for the Apartment Properties, as well as for the residential single family home property located at

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215 4th Ave. S. (“Whitney Lane Home”) in Edmonds, WA, owned by Whitney Lane, LLC, all of

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which were used as rental properties, and was responsible for the advertisement and rental of

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those properties.

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12.

At all times relevant to this Complaint, Defendant Appleby was acting as an agent

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of Defendant LLCs, within the scope of her authority, and had actual or apparent authority from

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Defendant LLCs to engage in the advertisement and rental of the Apartment Properties.

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At all times relevant to this Complaint, the Apartment Properties were not

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housing provided under any State or Federal program specifically designed and operated to assist

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elderly persons, consistent with the requirements of 42 U.S.C. § 3607(b)(2)(A).

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14.

At all times relevant to this Complaint, the Apartment Properties were not

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housing intended for, and solely occupied by, persons aged 62 or older, consistent with the

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requirements of 42 U.S.C. § 3607(b)(2)(B).

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15.

At all times relevant to this Complaint, the Apartment Properties were not

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housing intended and operated for occupancy by persons aged 55 or older, consistent with the

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requirements of 42 U.S.C. § 3607(b)(2)(C)(i)-(iii), and did not publish and adhere to policies and

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procedures that demonstrate the intent required under this provision and 24 C.F.R. § 100.306.

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IV. DEFENDANTS’ DISCRIMINATORY HOUSING PRACTICES

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COMPLAINT
Civil Action No. 2:17-cv-00334 - 3

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 4 of 10

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From at least March 31, 2014 through November 30, 2015, Defendants have

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maintained and implemented a policy or practice of not renting apartment units at the Apartment

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Properties to families with children.

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In or around March 2014, the Sytsmas had decided to move from Seattle, WA,

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where they owned a home, to Edmonds, WA, where they would seek to rent an apartment, in

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order to reduce their family’s commute time.

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18.

On the morning of March 31, 2014, Mrs. Sytsma saw a “For Rent” sign at Apple

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One Apartment. She called the phone number on the sign, (360) 652-xxxx1 from her cell phone,

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and left a voicemail stating that she was interested in renting the available apartment unit for

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herself, her husband, and their one-year-old son.

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19.

Shortly thereafter, Mrs. Sytsma received a text message from Defendant Appleby,

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texting from (386) 227-xxxx. The text message stated, in full: “(1/3) Hi this is Apple Rentals.

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The residence in Edmonds on 4th rents for 1950.00 per month. You can view the ad on craigslist

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for more information and pictures. (2/3) Carport only Very adorable inside. Hardwoods

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modern interior paint colors new paint to come on the exterior. Must be able to take care of the

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yard Thanks (3/3) for your interest! Let me know if I may be of further assistance. 215 4th ave

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s Edmonds This is the only one that’s not an adult building.” (Emphasis added.)

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Mrs. Sytsma responded, in full: “The house looks perfect, but with utilities not

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included, that’s too high for us. :( Any wiggle room on the price? I see you have a 2 bedroom

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on 621 5th ave s for $1400 in an active building. Is that available?”

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Defendant Appleby responded, in full: “All apartments are adult only On the

house they would wiggle only 50.00 a month less.” (Emphasis added.)

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Full telephone numbers have been redacted throughout this Complaint.
UNITED STATES ATTORNEY
COMPLAINT
700 STEWART STREET, SUITE 5220
Civil Action No. 2:17-cv-00334 - 4
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 5 of 10

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22.

Mrs. Sytsma responded, in full: “For your apartments, do you have official senior

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community exemption status? As a property manager, you must know that discriminating

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against children is illegal.”

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Defendant Appleby responded, in full: “We have a child policy which is the

right of the landlord.” (Emphasis added.)
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Mrs. Sytsma responded, in full: “No. That is not your right. You only have a

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right if you’re officially exempt as a senior community. Do you fall within that exemption? I’m

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on WA State’s Human Rights Commission’s website now, and it states ‘unless a building …

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qualifies as housing for older people (55+), it may not discriminate based on familial status.’ Do

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you fall qualify? We really will be great tenants, and unless you can prove that you qualify, I

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will pursue this. Would you instead like to meet me and show me the great apartment properties

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you have available?”

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25.

Defendant Appleby and Mrs. Sytsma did not communicate to each other further.

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26.

All of the text messages alleged in paragraphs 19 through 24 were exchanged on

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or about the morning of March 31, 2014.
27.

On various occasions between at least April 1, 2014 and November 30, 2015,

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Defendants placed or caused to be placed advertisements for rental units at the Apartment

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Properties that stated that they were in an adult building, including advertisements appearing on:

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a.

One Apartment, which stated “Adult building;”

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April 1, 2014, on Craigslist.org, for an available 2-bedroom unit at Apple

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April 1, 2014, on Craigslist.org, for an available 3-bedroom, 2nd floor unit
at Apple Three Apartment, which stated “Adult building;”

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COMPLAINT
Civil Action No. 2:17-cv-00334 - 5

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 6 of 10

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c.

April 1, 2014, on Craigslist.org, for an available 3-bedroom, top floor unit
at Apple Three Apartment, which stated “Adult building;”

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d.

August 19, 2015, on ForRentByOwner.com, for two available 2-bedroom

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units, at Apple One and Apple Two Apartments, which stated “Adult

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building;”

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e.

September 9, 2015, on Hotpads.com, for an available 2-bedroom unit at
Apple One Apartment, which stated “Adult, security building;”

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f.

September 9, 2015, on Hotpads.com, for an available 2-bedroom unit at
Apple Two Apartment, which stated “Quiet and secure adult building;”

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g.

November 16, 2015, on ForRentByOwner.com, for two available 2-

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bedroom units at Apple One and Two Apartments, which stated “Adult

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building;” and

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h.

November 30, 2015, on ForRentByOwner.com, for two available 2-

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bedroom units at Apple One and Two Apartments, which stated “Adult

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building.”

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V. HUD ADMINISTRATIVE PROCESS
28.

On or about April 21, 2014, Mr. and Mrs. Sytsma timely filed a complaint of

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housing discrimination with the United States Department of Housing and Urban Development

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(“HUD”), pursuant to 42 U.S.C. § 3610(a).

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29.

On or about April 23, 2014, HUD referred the complaint to the Washington State

Human Rights Commission for investigation, pursuant to 42 U.S.C. § 3610(f).
30.

On or about September 10, 2015, HUD reactivated the complaint, pursuant to 24

C.F.R. § 103.110(a). Pursuant to 42 U.S.C. §§ 3610(a) and (b), HUD conducted and completed
COMPLAINT
Civil Action No. 2:17-cv-00334 - 6

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 7 of 10

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an investigation of the complaint, attempted conciliation between the parties without success,

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and prepared a final investigative report. Based on the information gathered in the investigation,

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the Secretary of HUD, pursuant to 42 U.S.C. § 3610(g)(1), determined that reasonable cause

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existed to believe that Defendants Appleby, Apple One, LLC, Apple Two, LLC, and Apple

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Three, LLC had engaged in illegal discriminatory housing practices. Accordingly, on January

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19, 2017, the Secretary of HUD issued a Charge of Discrimination, pursuant to 42 U.S.C.

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§ 3610(g).

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31.

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The Secretary of HUD charged Defendants Appleby, Apple One, LLC, Apple

Two, LLC, and Apple Three, LLC with violations of 42 U.S.C. § 3604(a), (b), and (c).
32.

On or about February 1, 2017, Mr. and Mrs. Sytsma elected to have these charges

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resolved in a federal civil action, pursuant to 42 U.S.C. § 3612(a). On or about February 2,

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2017, an Administrative Law Judge issued a Second Amended Notice of Election terminating the

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administrative proceeding from the docket pursuant to the Sytsmas’ timely election.

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The Secretary of HUD subsequently authorized the Attorney General to file this

action on behalf of Mr. and Mrs. Sytsma, pursuant to 42 U.S.C. § 3612(o).

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FIRST CLAIM FOR RELIEF

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34.

Paragraphs 1 through 33 are realleged and incorporated by reference.

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35.

By the conduct referred to in the foregoing paragraphs, Defendants have:

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a.

Refused to negotiate for the rental of, or otherwise made unavailable or

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denied, a dwelling because of familial status, in violation of 42 U.S.C. §

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3604(a);

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b.

Discriminated in the terms, conditions, or privileges of rental of a
dwelling, or in the provision of services or facilities in connection

COMPLAINT
Civil Action No. 2:17-cv-00334 - 7

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 8 of 10

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therewith, because of familial status, in violation of 42 U.S.C. § 3604(b);

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and

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c.

Made, printed, or published, or caused to be made, printed, or published,

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statements and advertisements with respect to a dwelling that indicate a

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preference, limitation, or discrimination based on familial status, or an

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intention to make such preference, limitation, or discrimination, in

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violation of 42 U.S.C. § 3604(c).

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36.

As a result of Defendants’ conduct, the Sytsmas have suffered damages and are

aggrieved persons within the meaning of 42 U.S.C. § 3602(i).
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Defendants’ conduct described herein was intentional, willful, and taken in

reckless disregard for the rights of the Sytsmas.

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SECOND CLAIM FOR RELIEF

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38.

Paragraphs 1 through 37 are realleged and incorporated by reference.

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39.

Defendants’ conduct, policies, and statements, as described above, constitute:

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a. A pattern or practice of resistance to the full enjoyment of rights granted by

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the Fair Housing Act, 42 U.S.C. § 3601 et seq., in violation of 42 U.S.C. §

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3614(a); or

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b. A denial to a group of persons of rights granted by the Fair Housing Act, 42

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U.S.C. § 3601 et seq., which raises an issue of general public importance, in

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violation of 42 U.S.C. § 3614(a).

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40.

In addition to the Sytsmas, there may be other persons who have been injured by

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Defendants’ discriminatory conduct as described above. Such individuals would also be

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aggrieved persons within the meaning of 42 U.S.C. § 3602(i).

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COMPLAINT
Civil Action No. 2:17-cv-00334 - 8

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 9 of 10

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41.

Defendants’ conduct described herein was intentional, willful, and taken in

reckless disregard for the rights of others.

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PRAYER FOR RELIEF
WHEREFORE, the United States prays that the Court enter judgment against Defendants
and requests relief as follows:
a) A declaration that the Defendants’ actions, policies and practices, as alleged herein,
violate the Fair Housing Act;

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b) An injunction against Defendants, their agents, employees, and successors, and all

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other persons in active concert or participation with any of them, prohibiting them

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from:
i. discriminating on the basis of familial status in any aspect of the rental of a
dwelling;

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ii. failing or refusing to take such steps as may be necessary to restore, as nearly as

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practicable, the Sytsmas and any other aggrieved persons to the position they

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would have been in but for the discriminatory conduct; and

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iii. failing or refusing to take such steps as may be necessary to prevent the

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recurrence of any discriminatory conduct in the future and to eliminate, to the

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extent practicable, the effects of Defendants’ unlawful housing practices.

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c) An award of monetary damages to the Sytsmas and each other person injured by the

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Defendants’ discriminatory practices, pursuant to 42 U.S.C. §§ 3612(o), 3613(c)(1)

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and 3614(d)(1)(B).

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d) An assessment of a civil penalty against the Defendants in an amount authorized by
42 U.S.C. § 3614(d)(1)(C), to vindicate the public interest.
COMPLAINT
Civil Action No. 2:17-cv-00334 - 9

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491

 Case 2:17-cv-00334 Document 1 Filed 03/03/17 Page 10 of 10

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e) Such additional relief as the interests of justice may require.

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Dated this 3rd day of March, 2017.

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Respectfully submitted,

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JEFFERSON B. SESSIONS III
Attorney General

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/s/ T.E. Wheeler, II
T.E. WHEELER, II
Acting Assistant Attorney General
Civil Rights Division

ANNETTE L. HAYES
United States Attorney

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/s/ J. Michael Diaz
J. MICHAEL DIAZ, WSBA # 38100
Assistant United States Attorney
700 Stewart Street, Suite 5220
Seattle, Washington 98101
Phone: 206-553-7970
Fax: 206-553-4067
E-mail: Michael.Diaz@usdoj.gov

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/s/ Sameena Shina Majeed
SAMEENA SHINA MAJEED
Chief
Housing and Civil Enforcement Section
/s/ Kathryn Legomsky
TIMOTHY J. MORAN
Deputy Chief
KATHRYN LEGOMSKY
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW – NWB
Washington, DC 20530
Tel: (202) 616-2450
Fax: (202) 514-1116
Kathryn.Legomsky@usdoj.gov

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Attorneys for Plaintiff
United States for America

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COMPLAINT
Civil Action No. 2:17-cv-00334 - 10

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
HOUSING AND CIVIL ENFORCEMENT SECTION
950 PENNSYLVANIA AVE NW – NWB
WASHINGTON, DC 20530
(202) 353-9491