Case 3:19-cv-01087-CAB-WVG Document 1 Filed 06/11/19 PageID.1 Page 1 of 7

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WILLIAM P. BARR
Attorney General
ERIC S. DREIBAND
Assistant Attorney General for Civil Rights
SAMEENA SHINA MAJEED, Chief
R. TAMAR HAGLER
Deputy Chief (CA Bar No. 189441)
AURORA BRYANT
Trial Attorney (LA Bar No. 33447)
Housing and Civil Enforcement Section
DYLAN NICOLE de KERVOR
Attorney Advisor (CA Bar No. 269169)
Federal Coordination and Compliance Section
United States Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
Tel: (202) 616-2602
Aurora.Bryant@usdoj.gov
ROBERT S. BREWER, JR.
United States Attorney
LESLIE M. GARDNER
Assistant U.S. Attorney (CA Bar No. 228693)
United States Attorney’s Office
Southern District of California
880 Front Street, Room 6293
San Diego, CA 92101-8893
Phone: (619) 546-7603
Leslie.Gardner2@usdoj.gov
Attorneys for Plaintiff
United States of America

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
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LARRY NELSON,
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Defendant.
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)
) Case No:
'19CV1087 CAB WVG
)
)
) COMPLAINT
)
)
) Demand for Jury Trial
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)
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)

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The United States of America (“United States”) alleges as follows:

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1.

The United States brings this action to enforce the provisions of Title

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VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. §§ 3601, et seq. (“the

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Fair Housing Act”).

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JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action under 28 U.S.C. §§ 1331

and 1345, and 42 U.S.C. § 3614(a).
3.

Venue is proper under 28 U.S.C. § 1391 because the events giving rise

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to the United States’ claims occurred in this District and the Defendant does

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business in this District.

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THE DEFENDANT AND RELEVANT PROPERTIES
4.

Defendant Larry Nelson (“Nelson”) is a resident of Spring Valley, an

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unincorporated area in San Diego County, California. At all times relevant to this

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action, Nelson has owned and operated multi-family residential rental properties in

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Spring Valley, including the Grand Avenue Property and the Harness Street

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Property described below.

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operated, other multi-family residential rental properties in this District.

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5.

Nelson may own and operate, or have owned and

The Grand Avenue Property is a four-unit residential property located

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at 832 Grand Avenue in Spring Valley, California. At all times relevant to this

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action, Nelson owned the Grand Avenue Property and operated it as rental housing.

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6.

The Harness Street Property is a four-unit residential property located at

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9200 Harness Street in Spring Valley, California. At all times relevant to this action,

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Nelson owned the Harness Street Property and operated it as rental housing.

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7.

At all times relevant to this action, Nelson controlled all aspects of the

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rental, management, and operation of his residential rental properties, including the

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Grand Avenue Property and the Harness Street Property.

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included, but were not limited to, finding prospective tenants, accepting or rejecting

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applicants for housing, setting rental rates and security deposits, collecting rent and

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security deposits, receiving requests for maintenance and repairs, arranging
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His responsibilities

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maintenance and repairs, communicating with tenants regarding late rental

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payments, and evicting tenants.

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8.

The Grand Avenue Property and the Harness Street Property are

“dwellings” within the meaning of 42 U.S.C. § 3602(b).

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FACTUAL ALLEGATIONS
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Since at least 2005, Nelson has subjected tenants of his residential

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rental properties, including the Grand Avenue Property and the Harness Street

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Property, to unlawful sex discrimination, including severe, pervasive, and

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unwelcome sexual harassment. Nelson’s conduct has included, but is not limited to:

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a. Making unwelcome sexual advances to female tenants;

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b. Making unwelcome, sexually explicit comments to, and in front of,

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female tenants;

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c. Asking or attempting to touch female tenants or touching female

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tenants, including on intimate areas of their bodies, without their

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consent;

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d. Exposing his genitals to female tenants without their consent;

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e. Peeping through bedroom windows of his female tenants;

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f. Making unannounced visits to female tenants’ homes when he had

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no legitimate reason to do so in order to conduct and further his

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sexual advances;

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g. Entering or attempting to enter female tenants’ homes without their
consent;

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h. Demanding that female tenants not have male guests in their homes;

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i. Offering to grant female tenants tangible benefits—such as

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continued tenancy, waived or reduced rent, or excused late or unpaid

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rent—in exchange for sexual favors; and

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j. Retaliating against female tenants for refusing his advances by

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taking adverse housing actions, such as evicting them or threatening

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to evict them.

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The instances of Nelson’s sex discrimination as described above were

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not isolated instances. Rather, Nelson engaged in a longstanding pattern or practice

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of illegal sexual harassment of female tenants over the entire course of his

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ownership and operation of his rental properties. For example:

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a. To one female tenant who lived at the Harness Street Property in

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2005, Nelson asked multiple times in explicit terms to engage in

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sexual activity in exchange for forgiving or reducing her rent. The

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tenant refused his demands.

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multiple unwelcome comments about her breasts. He also peeped in

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the bedroom windows of the rooms in her home on multiple

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occasions where she and her female daughters and nieces slept; on

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one of these occasions, he peeped in the windows while a minor

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child was changing clothes and saw her nude.

To the same tenant, Nelson made

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b. To another female tenant who lived at the Grand Avenue Property in

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2008, Nelson made repeated offers to exchange sexual favors for

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rent. On multiple occasions, Nelson told the tenant that she could

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pay approximately half her monthly rent if she had sex with him,

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and that she did not have to pay anything if she had sex with him

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without a condom. After the tenant had repeatedly refused Nelson’s

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requests, Nelson evicted her.

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c. To another female tenant who lived at the Harness Street Property in

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2018, Nelson showed a pornographic video without her consent;

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exposed his genitals to her without her consent; made frequent,

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unwanted,

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indicating he had gone through her laundry looking for her

sexually

suggestive
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comments;

made

comments

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underwear; and peeped through the bedroom window in her

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apartment.

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CAUSES OF ACTION

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11.

The allegations above are incorporated herein by reference.

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12.

By his conduct, described above, Defendant Larry Nelson has:

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a. Refused to rent or to negotiate for the rental of, or otherwise made

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unavailable or denied a dwelling because of sex, in violation of

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42 U.S.C. § 3604(a);

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b. Discriminated in the terms, conditions, or privileges of the rental of

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a dwelling, or in the provisions of services or facilities in connection

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

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c. Made statements with respect to the rental of a dwelling that indicate

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a preference, limitation, or discrimination based on sex, or an

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

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in violation of 42 U.S.C. § 3604(c); and

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d. Coerced, intimidated, threatened, or interfered with persons in the

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exercise or enjoyment of, or on account of their having exercised or

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enjoyed, their rights granted or protected by the Fair Housing Act, in

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violation of 42 U.S.C. § 3617.

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13.

Defendant Larry Nelson’s conduct and actions described above

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constitute:

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

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granted by the Fair Housing Act, in violation of 42 U.S.C. §

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3614(a); and

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

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Act, which denial raises an issue of general public importance, in

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violation of 42 U.S.C. § 3614(a).

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14.

There are victims of the Defendant’s discriminatory housing practices

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who are “aggrieved persons” within the meaning of 42 U.S.C. § 3602(i), and have

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suffered injuries and damages as a result.

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15.

The Defendant’s discriminatory conduct was intentional, willful, and/or

taken in reckless disregard of the rights of others.

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REQUEST FOR RELIEF
WHEREFORE, the United States requests that this Court enter an order that:
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Declares that Defendant Larry Nelson’s actions, as alleged herein,

violate the Fair Housing Act;
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Enjoins Defendant Larry Nelson, his agents, employees, and

successors, from:
a. Discriminating on the basis of sex in any aspect of the rental or lease
of a dwelling;

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b. Discriminating on the basis of sex in the terms, conditions, or

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privileges of the rental of a dwelling, or in the provision of services

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or facilities in connection therewith;

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c. Making statements with respect to the rental of a dwelling that
indicate a preference, limitation, or discrimination based on sex;

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d. Coercing, intimidating, threatening, or interfering with persons in

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the exercise or enjoying of, or on account of their having exercised

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or enjoyed, the rights granted or protected by the Fair Housing Act;

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e. Failing or refusing to take such affirmative steps as may be

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necessary to restore, as nearly as practicable, the victims of the

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Defendant’s past unlawful practices to the position they would have

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been in but for the discriminatory conduct; and

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f. Failing or refusing to take such affirmative steps as may be

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necessary to prevent the recurrence of any discriminatory conduct in

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the future, and to eliminate, to the extent practicable, the effects of

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the Defendant’s unlawful housing practices;

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3.

Awards monetary damages to each aggrieved person, pursuant to

42 U.S.C. § 3614(d)(1)(B); and
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Assesses a civil penalty against Defendant Larry Nelson to vindicate

the public interest, pursuant to 42 U.S.C. § 3614(d)(1)(C).
The United States further requests such additional relief as the interests of
justice may require.

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Dated: June 11, 2019

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Respectfully submitted,

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WILLIAM P. BARR
Attorney General

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ROBERT S. BREWER, JR.
United States Attorney

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/s/ Leslie M. Gardner
LESLIE M. GARDNER
Assistant United States Attorney

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SAMEENA SHINA MAJEED, Chief
R. TAMAR HAGLER, Deputy Chief
/s/ Aurora Bryant
AURORA BRYANT
Trial Attorney
DYLAN NICOLE de KERVOR
Attorney Advisor

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ERIC S. DREIBAND
Assistant Attorney General
Civil Rights Division

Attorneys for Plaintiff
United States of America

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