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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 1:20-CV-21994

FLORIDA FAIR HOUSING ALLIANCE, INC.,

Plaintiff,

v.

TOP WELL, LLC d/b/a PALM COURT 

APARTMENTS AT WELLINGTON,

Defendant.

_______________________________________/

FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

Despite making up less than one-third (29%) of the total U.S. population, Black and 

Hispanic individuals represent more than half (58%) of the individuals convicted of any felony. 

In light of this dystopian reality, the screening practices Defendant directs at individuals it 

(Defendant) suspects to have been convicted of any felony has a disparate impact on Black and 

Hispanic individuals. Yet, make no mistake, the Florida Fair Housing Alliance is not attempting

to hold Defendant accountable for the disproportionate criminal prosecution unjustly endured 

by Black and Hispanic individuals. Rather, in acknowledgment of such undeniable fact, the 

Florida Fair Housing Alliance brings this action to eliminate the below-evidenced screening 

practice of Defendant because, although facially neutral, such practice is an unnecessary, arbitrary, 

and artificial barrier to housing that disproportionately impacts Black and Hispanic individuals. 

As such, Plaintiff Florida Fair Housing Alliance, Inc. (the “FFH Alliance” or “Plaintiff”) 

sues Defendant Top Well, LLC doing business as Palm Court Apartments at Wellington 

(“Defendant”), under a theory of disparate-impact liability, for violating 42 U.S.C. § 3601 et 

seq., the Fair Housing Act.

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INTRODUCTION

1. “The [Fair Housing Act] is not an instrument to force housing authorities to reorder 

their priorities. Rather, the [Fair Housing Act] aims to ensure that those priorities can be achieved 

without arbitrarily creating discriminatory effects or perpetuating segregation.” Inclusive Cmtys. 

Project, Inc., 135 S. Ct. 2507 at 2522. Due to policies and practices like blanket bans on any 

applicant with a felony conviction, or the more nefariously latent practices of Defendant discussed 

below, the FFH Alliance has documented thousands of housing units in the greater South Florida

area that are unavailable to individuals with any felony conviction from any point in time, and to 

many individuals with a misdemeanor conviction. 

2. To combat the perpetuation of segregation and stem the discriminatory impact of 

needlessly unjust practices, housing providers large and small must evaluate and revise the role 

that criminal records screening policies and practices play in their application decisions to ensure 

that they are serving a substantial, legitimate, non-discriminatory interest and are not a proxy for 

racial discrimination.

3. As confirmed by FFH Alliance’s investigation on March 13, 2020, Defendant has 

erected arbitrary, unnecessary, and otherwise hidden, barriers to housing that have an unjustifiable 

disparate impact on Black and Hispanic individuals. In short, the screening practices Defendant 

directs at individuals it (Defendant) so much as suspects as have any felony conviction has a 

disparate impact on Black and Hispanics individuals because, despite making up less than onethird of the population, Black and Hispanic represent more than half of all convicted felons.

4. In the eyes of Defendant, individuals that it (Defendant) even suspects to have been 

convicted of a felony do not deserve mere consideration for the housing Defendant claims to be 

indiscriminately available. It does not matter whether the individual actually was a convicted felon, 

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suspicion alone, or as exemplified below, mere inquiry into Defendant’s handling of convicted 

felons is enough. 

5. Due to the documented racial disparity in the criminal legal system, Defendant’s 

below discussed prohibition on applicants with a felony conviction, by extension,

disproportionately limits the housing opportunities of Hispanic and Black applicants in

comparison to White applicants, and in so doing, violates the Fair Housing Act.

JURISDICTION AND VENUE

6. Jurisdiction of this Court arises under 42 U.S.C. § 3613(a), 28 U.S.C. § 1331, and 

28 U.S.C. § 1337.

7. Venue in this District is proper because the subject property is located in this 

district, Plaintiff resides in this district, Defendant transacts business in this district, and the 

complained conduct of Defendant occurred in this district.

PARTIES

8. The FFH Alliance is a fair housing advocacy organization and non-profit 

corporation formed in Florida, and headquartered in Miami-Dade, Florida. The FFH Alliance 

offers a variety of programs and services designed to advance fair housing in Florida. To advance

its mission of ensuring equal access to housing for all, the FFH Alliance engages in education and 

outreach; provides counseling to individuals facing discrimination; works with local and federal 

officials to enhance fair housing laws and their enforcement; undertakes investigations to 

uncover unlawful discrimination; and, when necessary, initiates enforcement actions.

9. Defendant is a Florida corporation, with its principal place of business located in 

Boca Raton, Florida.

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DEMAND FOR JURY TRIAL

10. Plaintiff, respectfully, demands a trial by jury on all counts and issues so triable.

FACTUAL ALLEGATIONS

11. Approximately 1.5 million individuals are currently serving a sentence of more than 

one year, i.e., the repayment phrase of a felony-level debt to society, under the jurisdiction of state 

or federal correctional authorities in the United States. With respect to these individuals’ 

demographics, according to the Bureau of Justice Statistics: 30% are white, 33% are black, and 

25% are Hispanic.1In comparison to the demographics of the United States population (the total 

of which is estimated at 308 million), however, according to the U.S. Census Bureau: 63% of the 

population is white, 13% of the population is black, 16% of the population is Hispanic.2

12. Despite making up a fractional percentage of the United States population in 

comparison to whites, Hispanic individuals, for example, are three times more likely to be 

convicted and incarcerated than that of white individuals.3 Thus, in simplest terms, a policy, 

procedure, or practice that arbitrarily denies, without any consideration, housing to individuals 

with a felony conviction will absolutely have a disparate impact on Black and Hispanic individuals. 

13. Pursuant to its mission of ensuring equal access to housing for all, the FFH Alliance 

began investigating the “Palm Court” apartment community, located at 711 Forest Club Drive,

Wellington, Florida 33414 (the “Complex”), for discriminatory housing practices. 

14. Defendant is the owner and otherwise landlord of the Complex.

1 Bureau of Justice Statistics, U.S. Dep’t of Justice, Prisoners in 2017, 15 (April 2019), available 

at https://www.bjs.gov/content/pub/pdf/p17.pdf.

2 U.S. Census Bureau, U.S. Dep’t of Commerce, Overview of Race and Hispanic Origin: 2010, 6

(March 2011), available at https://www.census.gov/prod/cen2010/briefs/c2010br-02.pdf.

3

Supra at FN. 5.

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15. On March 13, 2020, the FFH Alliance tested the Complex for unlawful 

discriminatory housing practices using a field tester. 

16. The field tester used by the FFH Alliance to test the Complex (“Field Tester” or 

“FT”) is a sui juris Hispanic male with a felony conviction.

17. On March 13, 2020, at approximately 12:58 p.m., FT called the Complex at phone 

number 561- 793-8500. After dialing this number FT was connected to an agent of Defendant, of 

whom identified herself as “Melissa.” FT first asked whether rental property was available, to 

which Defendant responded, without hesitation, that property was available, namely, a twobedroom apartment. FT then asked whether his (FT’s) rental application would be denied due to 

FT’s record felony conviction, to which Defendant retorted: “yes, with a prior criminal felony 

they won’t accept.”

18. Defendant’s response to FT regarding convicted-felon applicants demonstrates that 

Defendant directs individuals convicted of a felony, the majority of which are disproportionately 

Black and Hispanic, away from both the Dwelling and the Complex.

19. Defendant did not perform any investigation or inquiry into the felony conviction 

had by FT. For example, Defendant did not inquire into the type of felony, the date of conviction, 

the nature of the conviction, let alone the circumstances surrounding the felony conviction had by 

FT. Defendant simply identified FT as an individual with a felony conviction, and without any 

inquiry or investigation, chose to deter FT from renting the property Defendant held open to the 

public due to FT’s record felony conviction.

20. The statements made by Defendant to FT regarding applicants previously convicted 

of a felony serves to discourage Black and Hispanic individuals with a criminal record from 

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applying, inspecting, and renting the Dwelling, and otherwise restricts the choices of these 

individuals in connection with attempts to seek, negotiate for, and ultimately rent the Dwelling.

21. Consistent with the FFH Alliance’s suspicions, that is, until such suspicion was 

confirmed on March 13, 2020, Defendant, whether intentionally or ignorantly, perpetuates 

segregated housing patterns and discourages and/or obstructs choices in the applicable community, 

neighborhood, and/or development. 

22. Simply put, Defendant’s decision to steer individuals convicted of any felony away 

from the Complex and/or Dwelling, i.e., to flat out tell FT that individuals convicted of a felony 

are not accepted, all without conducting even the most minimal inquiry into such an individual’s 

circumstances, has a disparate impact on Black and Hispanic individuals.

23. The harm inflicted by discriminatory practices and/or policies directed at 

individuals with criminal records, like those of Defendant, is significant, not only in terms of the 

sheer number of people affected, but also in terms of the consequences for the wellbeing of our 

communities. In fact, securing safe and affordable housing is a particularly crucial need for 

individuals reentering their communities immediately after time in prison.

24. Research shows that success in finding adequate housing is critically important to 

allowing reentrants to secure employment, government benefits, and other community ties. 

Housing has been characterized, properly, as the “lynchpin that holds the reintegration process 

together.”4

4

Jeremy Travis, But They All Come Back: Facing Challenges of Prisoner Reentry 219 (2005).

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25. As another expert put it, “[t]he search for permanent, sustainable housing portends 

success or failure for the entire reintegration process.”5

26. On April 4, 2016, more than four years ago, the U.S. Department of Housing and 

Urban Development (“HUD”) issued a document titled “Office of General Counsel Guidance on 

Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of 

Housing and Real Estate-Related Transactions” (the “HUD Guidance”).

27. The HUD Guidance noted that “criminal history-based restrictions on access to 

housing are likely disproportionately to burden African Americans and Hispanics.” Id. HUD found 

that “where a policy or practice that restricts access to housing on the basis of criminal background 

has a disparate impact on individuals of a particular race ... such policy or practice is unlawful 

under the Fair Housing Act if it is not necessary to serve a substantial, legitimate, 

nondiscriminatory interest of the housing provider.” See HUD Guidance. 

28. Ultimately, HUD concluded that “a discriminatory effect resulting from a policy 

or practice that denies housing to anyone with a prior arrest or any kind of criminal 

conviction cannot be justified, and therefore such a practice would violate the Fair Housing 

Act.” Id. (emphasis added). 

29. Further, HUD made clear that no substantial, legitimate, nondiscriminatory interest 

can be served where “[a] housing provider ... imposes a blanket prohibition on any person with 

any conviction record – no matter when the conviction occurred, what the underlying conduct 

entailed, or what the convicted person has done since then.” Id. The FFH Alliance finds the same. 

5 Barbara H. Zaitzow, We’ve Come a Long Way, Baby...Or Have We? Challenges and 

Opportunities for Incarcerated Women to Overcome Reentry Barriers 233 (in Global Perspectives 

on Re-Entry (2011)).

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30. According to recent data, studies, and HUD findings, Hispanic and Black people 

are arrested, convicted, and imprisoned at vastly disproportionate in country as a whole, of which 

is consistent within the State of Florida. As such, the discriminatory steering practices of 

Defendant, those the above-transcribed interaction between Defendant and FT exemplifies, 

actually and predictably results in a disparate impact to Hispanic and Black people. 

31. Defendant’s practice or otherwise policy regarding the criminal history of 

individuals seeking to rent, utilize, or otherwise occupy the Dwelling is unlawful under the Fair 

Housing Act, as it has a disparate impact on Black and Hispanic individuals and otherwise fails to 

serve a substantial, legitimate, nondiscriminatory interest of the housing provider.

32. Defendant’s acts impaired the FFH Alliance’s ability to engage in projects by 

forcing the FFH Alliance to devote resources to counteract the herein complained of actions of 

Defendant. Further, the resources diverted are independent of the cost of detecting and challenging,

via non-legal means, the alleged misconduct of Defendant. Simply put, the FFH Alliance was 

forced to divert resources from, among other things, its counseling, outreach, and educational

efforts, and into the advancement of this litigation to protect the FFH Alliance’s core mission. 

33. Despite the prelitigation efforts of the FFH Alliance, Defendant refuses to evaluate 

and revise the role that criminal records, or more pointedly, the mere suspicion of a felony 

conviction, play in Defendant’s screening policies and practices to ensure that Defendant is not 

perpetuating segregation and otherwise needlessly erecting barriers to housing. 

34. Consistent with FFH Alliance’s fair housing testing efforts, FFH Alliance has a 

practice of continuing to monitor and test those entities and individuals found to have been engaged 

in discriminatory housing practices. FFH Alliance’s will continue monitoring Defendant, and its 

agents, in order to determine its (Defendant’s) ongoing compliance with the Fair Housing Act.

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COUNT I.

VIOLATION OF THE FAIR HOUSING ACT – 42 U.S.C. § 3604(d)

35. Plaintiff, the FFH Alliance, incorporates by reference paragraphs 1-34 of this 

Complaint as though fully stated herein.

36. Defendant is liable to Plaintiff for all injuries caused by the Fair Housing Act 

violations committed by Defendant and the agents of Defendant.

37. Defendant authorized its agents to act for it (Defendant) when Defendant’s agents 

committed the Fair Housing Act violations alleged herein. The agents of Defendant accepted the 

undertaking of acting on behalf of Defendant when they (Defendant’s agents) committed the Fair 

Housing Act violations alleged herein. Defendant had control over its (Defendant’s) agents when 

said agents committed the Fair Housing Act violations alleged herein.

38. Here, Defendant’s practice of, without any review or investigation, turning away 

individuals with a felony criminal record is an arbitrary and artificial barrier to housing, the likes 

of which is unnecessary to achieve a valid interest or legitimate objective. Further, a robust causal 

link exists between Defendant’s discussed practices and the disparate impact on Black and 

Hispanic people, as Black and Hispanic individuals are disproportionally more likely to have been 

convicted of a felony than that of white individuals. Defendant’s practice of denying, or otherwise 

without any review or investigation, turning away prospective individual it merely thinks was 

previously convicted of a felony has a direct, disproportionate discriminatory effect on Black and 

Hispanic individuals.

39. Defendant has violated the Fair Housing Act by, inter alia, making unavailable 

and/or otherwise denying the Dwelling to individuals on the basis of race and/or criminal record.

40. FFH Alliance has been aggrieved, harmed, and its (the FFH Alliance’s) goal 

otherwise thwarted, by above-exemplified latent discriminatory hurdle Defendant perpetuates – of 

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which Defendant continues to practice despite such practices being explicitly condemned by HUD. 

See HUD Guidance (wherein HUD concluded that “a discriminatory effect resulting from a policy 

or practice that denies housing to anyone with a prior arrest or any kind of criminal conviction 

cannot be justified, and therefore such a practice would violate the Fair Housing Act.”). 

41. The FFH Alliance, having uncovered Defendant’s latent discriminatory practice 

and/or policy – has suffered damages in light of the FFH Alliance’s goals, purpose, and ongoing 

monitoring efforts. Further, due to Defendant’s conduct, the FFH Alliance’s has suffered, is 

continuing to suffer, and will in the future suffer, irreparable loss and injury and a real and 

immediate threat of future discrimination by Defendant.

42. WHEREFORE, Plaintiff FFH Alliance, respectfully, requests that this Court:

(a) Declare the above-mentioned actions, practices, omissions, polices, and 

procedures, of Defendant to be in violation of the Fair Housing Act;

(b) Award damages to Plaintiff against Defendant;

(c) Enter a permanent injunction enjoining Defendant from using the steering 

practices complained of herein;

(d) Enter a permanent injunction compelling Defendant to amend its 

(Defendant’s) polices, Procedures, and practices, that have a disparaging 

impact on Black and Hispanic individuals; 

(e) Award Plaintiff costs and reasonable attorneys’ fees; and

(f) Any other relief that this Court deems appropriate and just under the 

circumstances.

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DATED: June 30, 2020

Respectfully Submitted,

 /s/ Thomas Patti .

JIBRAEL S. HINDI, ESQ.

Florida Bar No.: 118259

E-mail: jibrael@jibraellaw.com

THOMAS J. PATTI, ESQ.

Florida Bar No.: 118377

E-mail: tom@jibraellaw.com

The Law Offices of Jibrael S. Hindi

110 SE 6th Street, Suite 1744

Fort Lauderdale, Florida 33301

Phone: 954-907-1136

Fax: 855-529-9540

COUNSEL FOR PLAINTIFF

CERTIFICATE OF SERVICE

The undersigned certifies that on June 30, 2020, the forgoing was electronically via the 

Court’s CM/ECF system on all counsel of record. 

 /s/ Thomas J. Patti .

THOMAS J. PATTI, ESQ.

Florida Bar No.: 118377

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