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Allyn | POROWACE RETA * acer icone svouywa we 0000 a0. 20908Case 3:16-cv-30043-MAP Document 1-1 Filed 03/02/16 Page 2 of 2 P84 Revene (Roe. 1212) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORMJS 44 Authority For Civil Cover Shoot ‘The J8 44 evil cover shot and te infomtion contained bee nttherreplaes nor suplsmvonts the flings and serves of pleading oter pepe us oculod by tw, except as provided by loa rls of sour, This form, approved by th Judea! Conference of the United Stale ie Solenber 97, ‘eguitd fr the wie ofthe Clerk of Court fr the pespese of inldsting the cv docks! sheet, Cansequeaty, acl covar sheet i ecbnte ts toe Clock of (Court for onch evi compat fed The atonney fling oe should coxaplete he fori as fallow 14a) Plata Defondants. Enter mes (at midds init) of pla and deena the pli o defendent i governetweeney, ese nly the fill nam or stra abbrovintioss, IF the plain or defendant isan offca! within a goverrient agency, ibutfy Heth ageney aod thom the ofc giving both nems and tite, (0) County of Residence, For each sv eso fied, exoopt US, plintieanes, enter the mtne ofthe county where he fat te plait este a the ve of flisg. Ta). laa cess, ener the nae of coucty in whlch the fre led defendant ones th eof Lng, COTS Th Land soudemaation cass, io county of residence ofthe "defen ithe Foodton ofthe tract of land invalved) (© Altornys, Ene th rn sane, addres elepione number, end itary of one, Ihre ay sve! lorey them en an ena, ting ln this section "os tach) Hi, Jnutsdetion, The buss ofjaredction is set forth dee Rub 8(a), F.R-CY.P, hich eae tat jursloions he shawn tn pkadings, Plce an "X" tne of te bones, If thers is mao tan one buss of jv, precedence given in the oner hows below, ited States alin, (1) Tursdiction based on 28 U.S.C. 1345 and 1348, Suits by agencies and offic of ho Unied States ae lcd hee. United Stites dfendact, (2) Whe the phat x slog the United Slate, its offcets or agencies, lace an Xin this box, Federal question. (3) Ths refs to nls under 28 U.S.C. 1331, whtre jurscetlon age under the Conttaton et the Une Sine, an ascendnent to the Constisten, a at of Congres or a only ofthe United Sates. In aves where the U.S. in pot, the US painter Jofeaeat onde token prozedense, and box 102 should be matiod, Divert o lisnship, (4) This refers to sults under 28U.S.C. 132, where patos are eltzns of diferent stew, When Box 4 check the citzooshp ofthe diferent pers must be checked. (See Section I below; NOTE: fede question actions take preeedenco over avery nse) ‘HL, Restenco (ctizenshlp) of Principat Paries, This seetlon ofthe 18 14 isto be competed if divers of sizushlp was isiod above. Mack this section foreach prlaipal pay, IVs Nature of Suit. Pine an "X" inthe approprite bok. Ifthe antre of sul cannot be eterna, bess the cao of ston ia Seton VI blew it ullcon to erable the doputy clerk or the ttn cers) ic the Autnisistraivo Oiiae to dtonmine the nave of suit. The exon fs mane on ‘one nature of uit, sblee the sat definitive. V._ Origin, Piaco an "X"in ono of the sc hoes, (xiginal Prososaings. (1) Ceaes which criginte in the United Stes dist cours, Resoved tom State Court, (2) Proceeings initiated inset courts may be removed wo the dist conrs under Tile 28 US.C, Seton M44 ‘When the petition for erovel i grated, eee thi box Remutded stom Appetite Cour. (3) Check tls box he esse remand t he cistit cour for Rte a as Reinstated or Reopens (2) Check tl ox for cases rinsed or reopened in the diewlot court. Use the reopening date wa ho Gling dato, Trane town Anotioe Disc, (5) For ens trasfeced under Tile 28 U.S.C Seaton 1404. Do not use Ga fe win dsr seats or muitdstriet gaton toners. Malttisttt tiation. (6) Chosk this box when w multdstrict caxe i wns no the ditlet under authly of Til 28 U.S.C, Soution 1407, Whoa tis box shecked, donot chook (3) above ‘so th dae of seman a tho ling ‘Vi Cause of tion, Report tho oti statute diosly related to tho cause oF ation and give a brief éeserition ofthe extse. Do not ll furidetonat tutes wales dverity, Fsumpls US, Cit Statute: 47 USC 558 Drlet Deseription: Uncehorza reception o&etbl service ‘Vis. Requested in Complaints Clas Acton, Pee an "X" ia this box Kyou cre ding ¢ oles ation vader Rule 23, FIR.Gx?. DDeinand. Tn thls ace one tho eet dolar amount belng demanded a Indole ether demand, sch ws a pelzalnney Jury Demand. Check tie appropriate box to indus wheter o: not ajiny seeing dreanded. nso, cose, art docket ‘VINE, Relate Cases, This setion of th 1 44 is une fo refcense elated pong ese, ey. If ere ao slated pen ‘numbers end the corresponding judge nae fr such oes ate and Attorney Signature, Dale wad sig th evil cover sb.Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETS 16-CV-30043 PATRICIA TASTE-RAY Plaintiff v. VERIFIED COMPLAINT. SEEKING TEMPORARY INJUNCTIVE RELIEF d ) ) } MICHAEL J, ASHE, ) HAMPDEN COUNTY ) SHERIFFS DEPARTMENT, ) DIVISION OF CAPITAL ) & ASSET MANAGEMENT, ) CAROL GLADSTONE ) COMMISSONER, ) BLUE TARP REDEVELOPMENT, ) D/B/A M.G.M. SPRINGFIELD, ) MICHAEL GOLDBERG, & 5 MILL STREET ICONIC ) PROPERTIES, LLC. ) Defendants. ) ) INTRODUCTION, The foregoing complaint secks temporary rolief from the targting, of residential neighborhoods of Color and low komeownership for Unwanted Land Uses whereby ‘having the impact of causing long term residential segrogation by reco, PARTIES 1 Plaintiff Patricia Taste Ray resides at 141 Mill Street, Springfield, Massachusetts and has lived in her home since 2004, Plaintiff's home abuts 149 Mill Street,Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 2 of 8 Springfield, Massachusetts, the proposed site of the Western Massachusetts Correctional Addiction Center, Ms. Ray is of African American descent, Micheel J. Ashe is the Hampden County Sheriff with a principal place of address a4 627 Randall Road, Ludiow, Hampden County Massachusetis. Hampden County Sheriff's Department is a subdivision of the Commonwealth of Massachusetts with a principal piace of addross at 627 Randail Road, Ludlow, ‘Hampden County, Massachusetts, The City of Springfield is a municipality within the Commonwealth of ‘Massachusetts with a principal place of address at 36 Court Street, Springticld, Hampden County, Massachusetts Respondent Division of Capital and Asset Management and Maintenance is the administrative agency of the Commonwealth of Massachuselts charged with acquisition, allocation, maintenance and disposition of the real property of the Commonwealth pursuant to M.G.L, 0.7C. Its principal place of address is at The John W. McCormack Building, 1 Ashburton. Place, 15" Floor, Boston, MA 02108, Carol W, Gladstone is the Commissioner of Capital Assct Management and Maintenance and is appointed by the Secretary of Administration and Finance pursuant to the provisions of M,G.L. 6.7C §2, Commissioner of the Division of Capital and Asset Management and has a principal place of address at One Ashburton Place, 15" Floor, Boston, Massachusetts,Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 3 of 8 7, Blue Tarp reDevelopment LLC d/b/a’ MGM Springticld, is ¢ limited liability corporation based in Massachusetts, Its principal place of business is located at 1414 Main Street, Suite 1140, Springfield, Massachusetts. 8. Michnel D. Goldbetg is a Deputy Sheriff appointed pursuant to the provisions of M.G.L. 0.37 §3 and is a state employee pursuant to M.G.L. 0.34B Seo. 14, Mr. Goldberg's principal place of address is 650 Main Street, Hempden, ‘Massachusetts, 9. Mills Streot Iconic Properties, LLC. is the record owner of 149 Mill Street, Springfield, Massachusetts, 10. tall relevant times hereto the Defendants were #oting under the color of stato Jaw. The government officials and agencies herein receive Federal Funding. TURISDICTION 11, This Court has subject matter jurisdiction pursuant to 42 U.S.C. §1331. FACTUAL BACKGROUND SEFKING TEMPORARY INJUNCTIVE RELIEF 12. Pleintift was Springfield granted Defendant Ashe, et al. a “group home” permit to place a jail right next to her home. 13. Plaintiff and her hnsband aitempted to request a hearing and was told that they ‘had no right to be heard and no tights under Defendant City of Springfield's onlinanees, by-laws of regulations for sayy form of due process or appeals procedure whereby denying her Due Proves under the law. Thor aro over a hundred residents and iterested parties that aro “aimilarly situated” and oppass the ‘oasinuotion of a jail in their neighborhood but for purposes of case mexaagernent, counsel hes only mime {ie diceot nbutter at this time, ciaed by Defendant Ashe and his egents that Defendant City of 4}14 15. Case 3:16-cv-30043-MAP Document1 Filed 03/02/16 Page 4 of 8 Defendants intend on begining construction and modification of the Mill Street property in order to make it a secured correctional facility to house convicted inmates whom desire substance abuse treatment within the next 14 days, Pursuant f0-42 U.S.C. § 3601 ef voq, (Title VIII of the Civil Rights Act of 1968) and 42 U.S.C. § 20004 ef seg. (Title VI of the Civil Rights Act of 1964), Patricia Ray (hereinafler “Plaintif?") submits the following information in support of her Application for a Temporary Restraining Order alleging thet Michael J, Ashe, Jr, the Hampden County Sheriff's Department (“HCSD"), the Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance (CDCAMM"), Caro! D. Gladstone, the City of Springfield, Blue Tarp reDevelopment LLC d/b/a MGM Springfield, Michael D, Goldberg, Mill Street Iconic Properties, LLC, (hereinafter “Iconic”) violated and continue to violate ‘Title VI (“Title VI") aad the Fair Housing Act (“FHA”) by knowingly and intentionally siting the Wostemn Massachusetis Correctional Addiction Center (C'WMCAC") in predominantly Afiican-American, Latino, and other non-White communitios (hereinafter “communities of color”) in Springfield located within a one-mile radius of the Hampden County Hall of Justice while arbitrarily and cepriciously excluding all other locations within the County, including those in predominantly White communities, Michael J. Ashe, Jr., the Hampden County Sheriff's Dopartment, the ‘Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance, Carol D. Gladstone, knowingly and intentionally erafted the17. 18, 19, 20, 24 22, 23. 24, Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 5 of 8 Request for Proposals (“RFP”) for the WMCAC in such & manner it could only be sited within communities of color. City of Springfield, Blue Tarp reDevelopment LLC d/b/a MGM Springfield, and Michael D. Goldberg aided and abetted Ashe, HCSD, Gladstone, and DCAMM in engaging in these disoriminatory acts, Seo x. 1, EEOC/MCAD Complaint & all supporting exhibits, During the impendency of this bidding process Defendant Ashe and Defendant Goldberg engagod in inside deating with the subject property, At times, Defendant Goldberg, while being employod for the Defendant Hampden County Sheriff's Department and working at the HHCSD, filed his corporate paper ‘work form the Sheriff's Department, using the Department's resourcos and fax numibets for the subject property. Defendant Goldberg submitted rigged bids with the assistance and aide of Defendant Ashe twice. Defendant Ashe nor Goldberg made the proper state ettis disclosers and engaged in probibited conduct pursuant to Gl. 268A. ‘Defendant DCAMM tejected those bids twice, Defendant Ashe then focused his attention to Wasson Avenue in the North End of Springfield. At that time, Defendant Ashe selected one of his long term friends to attempt to build a jail under the guise of @ lease rather than contract for construction under M.G.L, c, 149. In October of 2016, on the ove of a Preliminary Injunction evidentiary hearing, Defendant Ashe and DCAMM sought emergency relief fiom testifying by25, 26. Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 6 of 8 indicating they were rescinding the lettor of intent made with Ashe’s friend ‘{Heashoa) and would not place a jail in the North End Community, Defendants then conspired to have a new RFP drafted on October 15, 2016 forthe placement of this unwanted land use. ‘The RFP wes so limited in soope, distance ‘and checacter that it could only be place in neighbochoods of color, ‘The REP lead directly to the front doors of 149 Mill Street, Springtield, Massachusetts. ‘The siting of WMICAC at 149 Mill Street perpetuates racial segregation in the Maple Heights / Six Comers neighbothood, by further concentrating such facilities ina low-opportunity community of color. The Meple Heights / Six Comers neighborhood (0.52 miles) is one of the smallest neighborhoods in the City of Springfield, yet has by far the highest per-capita concentration of group homes of any neighborhood within the City of Springfield, With the addition of WMC.AG, the total munber of group homes in the Maple Heights / Six Comers neighborhood would increase to sixteen, ieaving the neighborhood with a density 0130.8 group homes por square mile, ‘That densily is more than three times the density of Hill-McK night, the neighborhood with tho next-highest density. ‘Through the acts and omissions described herein, Plaintiff alleges that Defendant City of Sptingficld engaged in a systematic practice of siting group homes in ‘ comniunities of color, including the Maple Heights / Six Comers neighborhood ‘ thereby perpetuating the sogregation of persons with disabilities in communities of color. Defendant Michael J. Ashe, Jr, the Hampden County Shetiff’s Department, the Commonwealth of Massachusetts Division of Capital Asset Management anti Maintenance, Carol D. Gladstone, knowingly and intentionally28, 29, Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 7 of 8 crafted the Request for Proposals (“RFP”) for the Western Massachusetts Correctional Aleoho! Center in such a manner it could be sited only within communities of color, Defendant City of Springfield, Blue Tarp reDevelopmnent LLC db/a MGM Springfield, loonie, and Michael D, Goldberg aided and abetted Ashe, HCSD, Gladstone, and DCAMM in engaging in these discriminatory acts, ‘Those ects predictably will have the effect of causing residential segrogation by race in the affected communities referenced herein. ‘The Defondants besed upon their implementation of local zoning laws and ordinances hve left the Plaintiff and all other members of her community that are “similarly situated” to request this Court for temporary relief. ‘WHEREFORE, the Plaintiff request as follows: ‘This Court issue a Temporary Restraining Order preventing Defendant Ashe, DCAMM and Iconic from starting construction for up to 120 days which 3s the statutory time ftamo established by HUD and DOS to investigate such claims. 2, ‘The Court make any other order it deoms just and fair. ‘The Court award the Plaintiff her reasonable attorney fees and cost. Respectiully submitted, Patricia Taste-Ray By her attorney, /s/ShawnP. Allyn, Beg, Shewn P, Allyn 98 Lower Westfield Road, Suite 3 Holyoke, MA 01040 BBO#643227 Tel: (413) 538-7118 Fax: (413) 538-6199 sallyn@allynandhall.com Dated: 3/2/16Case 3:16-cv-30043-MAP Document 1 Filed 03/02/16 Page 8 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETS HAMPDEN, SS, SPRINGFIELD DIVISION 16-CV- a0043 PATRICIA TASTE-RAY Plaintiff v VERIFICATION OF COMPLAINT MICHAEL J, ASHE, BY PATRICIA TASTE-RAY HAMDEN COUNTY SHERIFFS DEPARTMENT, DIVISION OF CAPITAL & ASSET MANAGEMENT, CAROL GLADSTONE COMMISSONER, BLUE TARP REDEVELOPMENT, D/B/A M.G.M. SPRINGFIELD, MICHAEL GOLDBERG, & MILL STREET ICONIC PROPERTIES, LLC. Defendants, VERIFICATION |, Patricia Taste- Ray hereby depose and siate that ! have read the verified complaint, have reviewed the exhibits to the complaint and believe all the information is true and accurate to the best of my ability and belief, Signed thia 1 day of March 2016 under the pains and penalties of perjury. SHAWN P, ALLYN‘The Commonwealth {fMussachusetis inst Discrimination 20, Springfield, MA 0}103 Phono: (413) 739-2145 Fax: (413) 784-1051 Commissi 436 Dwight Street, Ran 300434 ment 1-2 Filed 03/02/16 Page 1. ee Cimenlealon Againet icriminss | Patricia Taste Ray 149 Mill Street Springfield, MA 01108 ii allowing counsel represent Complainants in hls matin Shawn P. Allyn ‘Mass. BBO No, 643237 Allyn & Ball, P.C, 98 Lower Westtieki Rowd, Suite M Holyoke, MA 01040 ‘Telephone: (413) 538-7118 sallyn@allyrondball.com 19 WAR = 2 2016 Spngteld EBOGIHUD CHARGE NUMBER: VIOLATION DATE: 03/02/2013, ‘emo ish emplovet, labor ananzaton, eployment gency, or atatelccal governmont ageney who diseruainated secinst me; Miohacl I. Aske, Jn, Shoviff of Flampden County Hampden County Correctional Cener 627 Randall Road Ladiow, Massachnsotts 01055 Hampden County Sherif's Department (CSD) Hampden Coneiy Correctionsl Centar 627 Randell Road Ladiow, Massechasetts 01036 Diviaion of Capital Asset Management and Maintenanoe ‘Tho John W. MeCormack Buliding 1 Ashburton Place, 15th Floor Boston, MA 02108, Carol W. Giladstoas Conioniseioner of Capital Asset Management and Malntenwnoe ‘The Soha W, McCormack Building 1 Ashburton Piece, 15th Floor Boston, MA 02108, Race, color and/or’ Ess of Disrimination bared on: ‘etlonl origin discximination, Disability discrimination City of Springfield Springfield City Halt 36 Conrt Street Springfield, ma°01 103, lis Tato reDevelopmext LLC Wb MGM Springtiad ‘Monarch Place 14él4 Main Stevo, Suite 1140 Springtiold, MA 1144, Mishaol D, Geldbeng 650 Main Street Hempden, Ma 01036 Mill Steet Ieonie Housing, LLC 118-35 Queens Bouloverd, Svite 400 Forest Hills, NY 11375, the vartiewisrs are: Gpiiait Taste Ray, the Complainant bliov that vas dscrioinated against County Sheriff's Departzcent (HCSD"), the Commnonweal Syaptizanoe (DCAM, Cool D. Gledslie, the Cy of Sprinptot ae Springfield, Mill Stet Yeon Housing, LLC and Mishesl D Goidberg, on thCase 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 2 of 19 and that Respondents bave eapaged in dscrim‘nation besed on disability ‘hiss in violelion of MG. e.151B, $4915, 6 and 7B, Tite VIE ofthe Civil Rights Act of 1968 (42 U.S.C. § 3601 es.) and Tille VI ofthe Civil Rights Act of 1964 (42 US.C, § 2000d er ea.) Sco attrohed raurative & Verification of Complainant, aw ‘Mass, BBO No. 64! Allyn & Ball, P.C. 98 Lower Weattield Road, Suite M Holyoke, MA 01040 ‘Telephone: (413) 538-7118 sallya@allynandball.com-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 3 of 19 Case Comunisaion Against Diacrilaain U.S, DEPARTMENT OF HOUSING & URBAN DEVHLOH OFFICE OF FAIR HOUSING & EQUAL OPPORTUNITY COMPLAINT OF HOUSING DISCRIMINATION CASE NUMBER: 1. Complainant Patricia Taste Ray 149 Mill Street Springfield, MA 01108 ‘The following counsel represent Complainants in this matter? ‘Shawn P. Allyn Mass. BBO No. 643237 Allyn & Ball, P.C, 98 Lower Westfield Road, Suite M Holyoke, MA 01040 ‘Telephone: (413) 538-7118 sallyn@allynandball.com 2, Other Aggrioved Persons Tradition to Ms. Rey, residents of Maple Heights / Six Comers, communities of color, zesidonts of Hampden County and others are harmed by Respondents” discriminetory practices, 3. The following is alleged to have oceurred or is about to oceur: Riserimlualion in siting of group homes and residential treatment centers inchuding the ‘Westem Massachusetts Correctional, Addiction Conter. Advertising of discriminatory preference for siting the Western Massachusetts Coréctional Addiction Center, 4. The alleged violation occurred hecatise of: Race, color aad/or national crigin discrimination. Disability disetimination. ae Address aud location of the property in question {or if no property is involved, the i ‘ity sind state where the discrimination occurred): ; 149 Mill Street Springfield, Massachusetts 01108Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 4 of 19 ‘The diserimination has also occurred in the siting of fifteen other ‘group homes in the Maple Heights / Six Comers neighborhood. Respondents Michael J. Ashe, Jr. Sheriff of Hampden County Hampden County Correctional Center 627 Randall Road Ludlow, Massachusetts 01056 Hampden County Sheriff's Department (CSD) Hampden County Correctional Center 627 Randall Road Ludlow, Massachusetts 01056 Division of Capital Asset Management and Maintenance (CAMM) ‘The John W. MeCormack Building 1 Ashburton Place, 15% Floor Boston, MA 02108, Carol Gladstone Commissioner of Capital Asset Management and Maintenance ‘The John W, MoCormack Building 1 Ashburton Place, 15" Floor Boston, MA 02108, City of Springtiela Springfield City Hall 36 Court Stroot Springfield, MA 01103 Blue Tarp reDevelopment LLC d/b/a’ MGM Springfield ‘Monarch Place 1414 Main Street, Suite 1140 Springfield, MA 01144, Michael D, Goldborg 650 Main Sirect Hampden, MA.01036 Mill Street Iconic Housing, LLC 118-35 Quecns Boulevard, Suite 400 Forest Hills, NY 11375.a 9. Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 5 of 19 The following Is a brief and concise statement of the facts regarding the alleged violation. Respondents have violated and continues to violate Title VI, the Fair Housing Act, and 61518 by knowingly end intentionaliy siting the Western Massachnsotis Corroctional Addiction Center (“WMCAC”) in predominantly African-American, Latino, dnd other non: White communities (hereinafter “communities of color”) in Springfield located within @ one-mile radius of the Hampden County Hall of Justice while arbitrarily and capriciously excluding all other locations within the County, including those in predominantly White communities, ‘Through the acts end omissions described hereiti, Complainants allege thet the Respondent City of Springfield engaged in a systematie practice of siting group homes in communities of color, including the Maple Heights / Six Comers neighboriiood thereby perpetuating the segregetion of persons with disabilities in communities of color, Moreover, Respondents Micheel J. Ashe, Jt, the Hampden County Sheriff's Dopertment, the Commonwealth of Massachusotis Division of Capital Assét Management and Maintenance, Caro! D. Gladstone, iiowingly and intentionally crafted the Request for Proposals (“RFP”) for the Western Massachusetts Correctional Alcohol Center in such a mariner it could be sited oily within communities of color, Respondents City of Springfield, Blue Tarp reDevelopment LLC d/o/a MGM Springfield, Mill Street Iconic. Housing, LLC, and Michael D, Goldborg aided end abetted Ashe, HCSD, Gladstone, and DCAMM in engaging in these discriminatory acls, ‘The most recent date on which the alleged discrimination occurred: Respondents’ discriminatory practices commenced in 2013 and ere sill ongoing. ‘Types of Federal Funds identified: ‘The Hampclen County Sheriff's Department has received federal funding in.the form of Bymo Justice Assistance Grants from the U.S, Department of Justice, Upon information and belief, the Division of Capital Assot Management and Maintenance has received and/or administered fusiding the U.S, Department of Housing and Urban Development and the U.S, Department of Energy in the past three years, ‘Tho City of Springfield has received federa! CDBG funding ftom the U.S, Department of Hoiising and Urban Development over the past three years, including over $17 million in CDBG-NDR furiding awarded in Jannaty 6f201610. Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 6 of 19 ‘The acta alleged in the complaint, if proven, may constitute a violation of the following: Respondents’ actions violate the Fair Housing Act, Title VIII of the Civil Righis Act of 1968, as amended by the Fair Housing Amendments Act of 1988, inoluding but not limited to 42 U.S.C. §§ 3604(a)-(€), Title VI of the Civil Rights Act of 1964, including but not limited to 42 U.S.C. § 2000d, and M.G.L. C.151B § 4 4¥/5, 6, 7B.Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 7 of 19 I declare under the pains and penalties of perjury that Ihave read this eomplaint (including any attachments) and that it is trite and correet to the best of my knowledge and belief. March 1, 2016 Patricia Taste Ray 149 Mill Street Springfield, MA 01108 Respectfully Submitted, = Allyn A. aeeced ‘Masi. BBO No, 643237 Atlyn & Ball, P.C. 98 Lower Westficld Read, Suite M Holyoke, MA 01040 Telephone: (413) 538-7118 sallyn@allynandbell.comCase 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 8 of 19 U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF FAIR HOUSING AND EQUAL OPPORTD NITY PATRICIA TASTE RAY Complainant v. MICHAEL J. ASHE, JR, HAMPDEN COUNTY SHERIFF'S DEPARTMENT MASS-C DIVISION OF CAPTRAL ASSET MANAGEMENT AND MAINTENANCE CAROL W. GLADSTONE. CITY OP SPRINGFIELD BLUE, TARP REDEVELOPMENT LLC el. MGM SPRINGFIELD ) ) 2 ) ) ) ) } 7 ) MUD InguiryNot ) ) HUD CaseNo; ) d ) ) > 2 > ) ) MILL STREET ICONIC HOUSING, LLC} d MICHAEL D, GOLDBERG ) E casein) SUPPLEMENTAL NARRATIVE : INSUPPORT.OF COMPLAINT OF HOUSING DISCR) IMINATTON GL. C151B. §4%) 5, 6 tat ‘Conaplainaat) stats the following information in eupnort Maintenance (SDCAMM”), Cafol D., Gladstone, the City oF Springfield, luo Tarp seDevelopnient LLC d/B/a MGM Springhld, Mill Street Iconic Housing, LLC and Michel D, Goldberg (heteinafter “Respondents Violated and conte re vidlate Title Vi (“Title VP) and the Fair Housing Act (PEA”) by mowingly and intentionally sitiag the Western Maasachusclis Correctional Addiction Center “WCAG in Predominantly Adrican-American, Latino, and other Hoh-White comantnities(hereinaiter “communities of color”) in Springfield located within 1Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 9 of 19 2 one-mile radius of the Hampden County Hall of Justice while arbitrarily and capriciously exchicing all otker locations within the County, inchuding those in predominantly White communities. ‘Through the acts end omissions described herein, Complainants allege that the Respondent City of Springfield engaged in a systematic practice of siting group homes in communities of colos; including the Maple Heights / Six Comecs neighborhood thereby Rerpetuating the segregation of persons with disabilities in comenunitios of color. Moreover, Respondents Michel J, Ashe, Jr, the Hempden County Sherif Department, the Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance, Carol D. Gladstone, knowingly and intentionally crafted the Request for Proposals (“RFP”) for the Western Massachusetts Correctional Alcohol Center in sach’s manner it could be sited only within communities of calor, Respondents City: of Springfield, Blue Tarp reDevelopment LLC eVble MGM Springfield, Mill Sweet loonie Housing, LLC, and Michael D. Goldberg aided and abetted Ashe, HCSD, Gladstone, and DCAMM in engaging in these discriminatory acts, FACTUAL. BACKGROUND ‘The Parties Complainant Patricia Taste Ray resides at 141 Mill Steet and kas lived in her home since 2004, Complainant’s home abuts 149 Mill Strect, the proposed site of the Westie Messachuselts Correctional Addiction Center, Ms. Ray is of Affioan Americen deseent, j capondent Michaol J. Ashe, J. is the Shetiff of Hampdcn County and has srved in that cavaclty since 1974, Me, Ashe is being sted in his official eupacity and iw ¢ principal place of ‘address at 627 Randall Rod, Ludlow, Hampden County Maseechsons ‘Respondent Hampden County SherifPs Depacieut is an administrative subdivision of {he Commomveaith trough which the Shesiff of Hampden County discharges his statutory {intcs pursuant to M.G.L, €.37 Is prinoipal place of addrdss at 627 Rendell Road, Ludlow, Fiampden County, Massachscts. Over the past three years, the HGS han received federal Fanding in tho form of Byme Justice Assistance Grants fromthe US, Department of Hustice, Respontient Division of Capital and Asset Manigiment and Mainteaaico is the i adtuinistrtive agency of the Commonwealth of Mescachusels shargod with acquisition, position, mainicanace snd disposition ofthe seal property of the Commentanne Pursuant io MG-L. &:7C. Its principal place of address is at The Tobn W. MoCosmack, Building, 1 Ashburton Place, 15 Floor, Boston, MLA 02108. Upon information and belief, DCAMM has received and/or administered federal funding within the ‘past three years, Respondent Cereal W. Gladstone is the Commissioner of Capital Agvet Managemont and Maintenance and is appointed by the Secretary of Administration atd Finaneo pursuant to the ! Provisions of M.G.L, 0.76 §2. Ver principal placo of address is at Tho Toln W. McCormack Building, 1 Ashburton Pleee, 15" Plocr, Boston, MA, 02108, ;Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 10 of 19 ‘The City of Springfield js a municipality located within the Commonwealth of Massachusetts with a principal plece of business at 36 Cont Street, Springfield, Massachusetts, Over the past three yes, the City of Springfield has received federal funding ftom the US Department of Housing and Urban Development, including over $17 million in CDBG-NDR funding awatdod in January of 2016, ;Bive Tarp reDevelopment LLC d/b/a’ MGM Springfield, isa linited Hability comporation ased in Massachusetts, Its principal placo of busines is located at 1414 Mein Steet, See {140, Springfield, Massachnsetis, Michael D, Goldberg is « Deputy Sheriff eppointed pursuant to the provisions of M.GL. 37 $8 and is a stele employee pursuant to M.G.L. ¢.34B Seo, 14, Mr. Galdberg’s principal Place of address is 650 Main Street, Hampden, Massachusetts, Mill Strect Iconic Housing, LLC is the opeteting company formed by Jeremie Lederer to aoquite 149 Mill Street at foreclosure and redevelop it as the WMCAC, lis principal place of ‘business located at 118-35 Queens Boulevard, Suite 400, Forest Hills, NY 41375 B. Facts 1. WMCAC Location Bistory ‘The Western Massachusetts Correctional Addiction Center is a residential correctional facitity w at which inmates participate in a drug and alcohol addiction treatment programs, From 1985 to 2015, WMCAC operated out of a leased facility on Howatd Street in Springfield, located in the former YWCA building. Following the sule of the former YWCA. building to MGM Springfield, the Hampden County Shetif?’s Office entered into a license ‘agreement with the City of Holyoke to move the facility to the promises of the Holyoke Getiatrie Authority, ‘Tio prior proposals to relocate the facility to.149 Mill Street were rejected by DCAMM, In October of 2015, Respondents rescinded a proposal to site the facility on Weson Avenue {he Defendants original bid called for $5,000 square f00t facility socking bids ftom Holyoke, Caicapec, West Springfield and Springfield, Massachusetts, Sea Px", Atthe onset, Defendant Asho with Goldberg attorapted twice to have Defeidant DCAMM contract with paporstion controlled in one way or another by Defendant Goldberg, ‘Tasso attomp's filed Pefenclait Asho then texgeted tho North End of Springfield which also contains one of the City’s highest race of Latinos and Aftican Amotican residents, At that time, Defeidant Asho selocted one of his long teria friends to attempt to build a dail under tho guise ofa lense Father than contract for construction tinder G.L, 149, ‘The ‘North End residence challonged this conduct in a texpiyer’s action which remains pending in Luna, et Gh y. Michael J. Aske, Hampden Superior Coutt, Civil Action No, 15-CV.571, Ox October 5, 2016, on the eve of Preliminary Znjunction evidentiary heating, Defendant Ashe and DCAMM sought emergency relief from having to testify by indicating theyCase 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 11 of 19 prove rescinding the leer of intent made with Asho's friend (leashon) and would not plese a jell in the North End Community, [Exhibit W- Affidavit of Gladstone). On October 15, 2016, Defendant Gladstone dramatically changed the nature and character of the bid solely to steer it back to the Mill Stoot Property. [Exhibit At, Compare [Bxhibit A to Exhibit T] 2, Respondents’ Disertminatory Request for Proposals On October 28, 2015, Respondent DCAMM posted a “Request for Proposals to Lease Space” to house the WMCAC. In §4-1.3 ofthe Request for Proposals (Exhibit A), Respondent enumerated the fallowing space needs: Location: Springfield within approximately one and one-half mile radius of the Hampden County Hall of Justice located at 50 State Strect, Springfield, MA Amount of Space: Approximately 49,000 square feet of Usable Area (es defined in § An4.5) ‘Type ofSpace: Residential Correctional Feeility, Classrooms, and Associated Administrative Offices ‘The prior request for proposals issued by DCAMM sought sites for the facility located in Springfield, West Springfield, Chicopee, and Holyoke, (Exhibit) This proposal, by contrast ‘sought sites located in Springfield within a 1.5 mile radius of the Hampden County Hall of Justice, None of the RFP, documents list a business reason for proximity to the Fla of stice, Respondents Ashe, HCSD, DCAMM, sind Gladstone intentionally crafted the RFP so that only one property could mest the qualifications established: 149 Mill Strect, ‘The objective citcumstential evidence shows that DCAMM’s 1.5 mile siting requirement is arosult of Respondents” decisions which take inio account the race/ethnicity of WCAC inmates tind the rice ethnicity of neighborhood tasidents, Upon information and belt the Aborhoods located within 1.5 miles of the Hall of Justice ate ell camaunities of color Sonrmunitis in which Afvican Atcricans and Latinos constitute the mjority of the population. ‘The decision to site the WMCAC within 1.5 miles of the Hull of Justice was made in a manner that causes and promotes segregation based on face, ethnicity, and disubility in violation of the constitutional and statutory probibitions aguinst sogregstion based on race, elhuicily, or disabiCase 3:16-cv-20043-MAP Document 1-2 Filed 03/02/16 Page 12 of 19 3, 149 Mill Street Ownership History Upon informstion and beliof, Michael D. Goldberg hed a beneficial interest in 149 Mill Stroct through Mill Streot Inuovative Housing [LLC at the time DCAMM posted the Request for Proposals. Approximately three weeks afler the Request for Proposals was posted, 149 Mill Street was sold to Mill Street Iconic Properties LLC for $950,000. Respondents? plot to site WMCAC in violation of the Fair Housing Act, Title VI, and ¢,151B waa part of larger scheme to steer the WMCAC bid to 149 Mill Street, by rigging the RFP to ensure thet 149 Mill Street was the only property that met its qualifications ‘Tao ownership end mortgage history of 149 Mill Street illustrates the manner in which Respondents Goldberg and Blue ‘exp reDevelopment aided and abetted the unlawful practices of Respondents Ashe, HCSD, DCAMM, and Gladstone in violation of M.G.L, e151B §4 5, ‘On September 2, 2003, the property at 149 Mill Street wes sold to 22 Ridgewood Place LLC, a Massachusetts limited lisbility company with a business address at 41 Spruce Street, Hast Longmeadow, Massachusetts. Upon information and belief, Michael D, Goldberg was a manager of 22 Ridgewood Place LLC. (Exhibit B- Quitclaim Deed) On September 4, 2003, Banknorth, NA grants a mortgage of $775,000 to 22 Ridgewood Place, LLC, (Exhibit C- Real Estate Mortgage) On December 30, 2003, Mil! Stroot Innovative Housing, LLLC eatered into an Assignment of Lease and Ren{s with Banknorth, NA. (Exhibit D- Assignment of Leases and Rents) On August 29, 2006, TD Banknorth NA granted Mill Stroet Innovative Housing, LLC a saorigage for $80,000 and exters into a Second Assignment of Leases and Rents (Bxhibits Be Scoond Mortgage and Security Agreament, Exhibit F- Second Assignment of Leases and Rents) On July 3, 2008, Mill Street Innovative Housing, LLC entered into Third Assignment of Leases aud Rents, (Fxhibit G- Third Assignment of Leases and Renis) On June 23, 2008, Mill Strect Innovative Housing, LLC entered into a Thitd Mortgage and Security Agreement with TD Banknorth, NA, aocording to which it was granted a thind sierlgage of $250,000, (Exhibit H- Third Moxtgage and Seeutity Agreoment) ‘On June 23, 2008, Mill Street Innovative Housing, LLC entered into a Subordination and Standby Agreement, by which Premier Parks, Ine. Ufa Six Mlags New England attached 149 Mill Street for $500,000, subordinated to TD Baaknior th, NA’s interest of $1,173,750. (Exhibit I- Subordination and Standby Agreement) On February 27, 2009, Premier Parks, Inc, d/bva Six Flags New England executed a Release of Attachment against Mill Street Innovative Housing LLC, (Exhibit J- Release of ‘Atinchmen!)Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 13 of 19 On Februaty 27, 2009, Premicr Parks, Inc, d/b/a Six Flags New Egland grants mortgage of $150,000 to Mill Street Innovative Housing, LLC. (Exhibit L- Mortgage) On September 18, 2013, Mill Street Innovative Housing, LLC files a “Limited Liability ‘Company Application for Reinstatement Following Administrative Dissolution” with the Secretary of the Commonwealth signed by Michael D. Goldberg. Of note is that the Application was filed via facsimile transmission on at 8:30 AM on September 18, 2013 utilizing a fax machine in the Hampden County Sheriff's Office. (Exhibit M- Limited Liebility Company Application for Reinstatement Following Adtninistrative Dissolution) In March 18, 2014, the City of Springfield executes an Instrument of Taking for 149 ‘Mill Street, taking the property for $51,690 owed in back texes. (Exhibit N- Instrument of ‘Taking) ‘On May 22, 2014, Blue Tarp reDevelopment, LLC, the Massachusetts operating company for MGM Sprinefield granted a Commetcial Mortgage to Mill Street Innovative Housing LLC for $450,000. (Exhibit O- Commercial Mortgage). On June 26, 2014, the City of Springfield exocites an Instrument of Redemption acknowledging satisfaction of the tax title account. (Exhibit P- Instrument of Redemption) ‘On September 26, 2014, Andrew B. Smith excontes an Affidavit Regarding Note Secured by Moxtgage to be Foreclosed and au addition Affidavit on behalf of TD Banks, NA effirming that ‘TD Bankc is the holder of both the mortgage and the note associated with the property, and that TD Banik hes the right to anforce the mortgage by foreclosing on the property, (exhibit Q- Ailiidavit Regarding Note Secured by Mortgage to be Foreclosed, Exhibit R- Affidavit) On April 8, 2015, the City of Springfield issued an Administrative Site Plan Review (Tier 1) Conditional Appioval to Hampden County Sheriff's Department fo opetate a Group Residential Facility at 149 Mill Street, This Approval was issued prior to the execution of any longo of the eward of any bid by DCAMM. The HCSD’s application is signed by Respondent Ashe and lisis “Michaet Goldberg — Mill Street Iniovative Housing, LLC” as tho applicant. ‘(Exhibit 8) Op November 19, 2015 Mill Strect Innovative Housing, LLC, TD Bane, and Mill Street Jeonic Housing, LLC execute docuinents foreclosing Mill Street Innovative Housing, LLC'a interest in 149 Mill Street add transferring title to the property to Mill Street Iconic Housing, LLC for $950,000. On January 27, 2016, these documents were filed with the Registry of Deeds, (Exhibit U) : “Those exhibits demonstrate that Respondent Goldberg had a beneficial intezest in Mill Stroct Innovative Housing, LLC end operated Mill Street Innovative Housing, LLC out of the ‘Hampden County Sheriff's Office. They also show.that Mill Street Innovative Housing, LLC ‘took on rnultiple mortgages that left the property heavily indebied, They demonstrate thet prior to the publication of the bid by Respondent DCAMM, the TICSD was already seeking approvals for 149 Mill Stroet, presuming that it would site WMCAC there, A xoasoisbt6 fuet-finder couldCase 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 14 of 19 infer from these documents that the City of Springfield, Responclents Goldberg, Mill Street Iconic Housing, LLC and Blue Tarp zeDevelopment eidod and abetted tho unlavfal practices of Ashe, HCSD, Gladstone, and DCAMM in violation of M.G.L, 0.151B §4 {5 by conspiring with their efforts to steer the WMCAC bid to 149 Mill Street, 3. Discriminatory Concentration of Group Treatment Facilities in Maple Heights / Six Corners ‘The siting of WMCAC at 149 Mill Street perpetuates racial segregation in the Maple Heights / Six Comers neighborhood, by further concentrating such facililies in a low-opportunity community of color, The Maple Heights / Six Comers neighborhood (0,52 miles) is one of the smallest neighbochoods in the City of Springfield, yet hes by far the highest per-copita concentration of group homes of any neighborhood within tae City of Springfield. With the addition of WMCAG, the total umber of group homes in the Maple Heights / Six Comers neighborhood would incresse to sixteen, ieaving the neighborhood with a density of 30,8 group homes pot squaro mile. That density is more them three times the density of Hill-MoKnight, tho neighborhood with the next-highest density, On April 8, 2015, Respondent City of Springfield issued an Administrative Site Plan Review (Tier i) Conditional Approval to the Hampden County Sheriff's Department to operate a Group Residential Facility. (Exhibit U) Thia Approval was issued the day after Respondents Ashe aud ICSD filed an application with the City (April 7, 2015} and was issued without providing any due process to the residents of Maple Heights / Six Corners, The issuance of this Approval further perpetuated segregated residential patterns in the Maple Heights / Six Corners neighborhood by further concentrating racial / ethnic / disabled sogregation in this one neighborhood. Fustharmore, Respondent City of Springtield knowingly conspired with Respondent Bluo ‘Tarp reDovelopmeat / MGM Springfield to concentrate local unyanied land uses in Maple Heights / Six Comers (including the relocation of the Springgicld Rescue Mission) because it is a poor community of color with exceptionally low homeownership rates and as such least likely to mount effective organized resistance. The over-concertration of group homes perpetuates racial sogrogation by depressing property Values and discouraging families of diverse backgrounds from choosing to live at Maple Heights Six Corars, thereby unde:miniag housing choice, ‘The City of Springficld’s systematic practice of siting group home facilities in communities of cofor violates Title VI, the Fair Housing Act, Chapter 151B and the i; implementing regulations promulgated by HUD and DOJ.Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 15 of 19 Cc, LEGAL CLAIMS FIRST CAUSI OF ACTION: 42 U.S.C, § 3604 (a) (Pair Housing Act) Respondents’ Actions make dwellings unavailable because of race, color, and netionel origin in violation of 42 U.S.C. §3604(a). Section 3604(a) states that it is unlawfal, “To refuse to sell or reat after the making of a bona fide offer, orto refuso to negotiate for tho sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of rece, color, religion, sex, familial status, of natioral origin.” HUD’s implementing regulations state, “(o) It ahall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to en- gage in any conduct relating to the provision of housing or of services and fecilities in connection therewith that otherwise makes unavailable or denies dwellings to, persons.” 24 CER. § 100.700), and in particular, “Prohibited activities relating to. dwellings under paragraph (®) of this section include, but ate not limited to; Enacting or implementing land-use rules, ordinanoss, pélicies, or procedures that restrict or deny housing opportunities or otherwise make unavailable or deny dwellings to persons because of rage, color, religion, sex, handicap, familial status, or national origin.” 24 CFR. § 100.70(d)(5). By requiring WMCAC to be sited within 1.5 miles of the Hampden County Hall of Justice, Respondents ulilized discriminatory siting procedures that perpetuate racial segregation patleins and thereby deny dwellings to persons on accovint of rave azid color. By over-concentrating group homes in Maple Heights / Six Comers, Respondent City of Springfield has implemented Jand use policies and practices which perpétuate pattoms of racial segregation end further increase the segregation of disabled persons. HUD’ implementing regulations also provide that, “I: shall be unlawful, becauso of race, color, religion, sox, handicap, ‘ainilial status, or national origin, to restrict or attempt to restrict the choices of « person by word or conduct in connection with socking, negotiating for, buying or eating a dwelling so as to perpetuate, o: tend to perpettiate, segregated housing pattems, or to discourage of obsinict choices in a coimunity, neighborhood or development.” 24 CFR, § 100,702), including “Discouraging the purchase or rental of a dwelling because of race, color, Yeligion, sex, handicap, familia! status, of natiorial origin, bY exaggerating drawbacks or filing {o inform any persin of desirable features of a dwelling ot of'a comity, neighborhood, or develupment,” 24 C.F.R. § 100.70(¢)(2) Respondents? siting practices clearly discourage and obstnict housing choices in Maple Heights / Six Coriers by perpetuating residential segregation, ‘These practices exaggerate the drawbacks of properties located in Maple Heights / Six Comers and fail to infonm purchasers of the desireble features of the neighborhood. ‘SECOND CAUSH OF ACTION: 42 US.0.§ 3604 (Pair Housing Act) ‘Seétion 3604(0) broadly prohibits discrimination tn the advertising of dwellings for sale orrent. See 42, U.S.C. § 3604(c). HUD!s regulations state itis wilawfal to “It shall be unlawfil ‘to malke, print or publish, or catiso to be made, ptirited or published, any nities, statement of advertisemedt with respect to the sale of rental of ¢ dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, huindicap, familial status, or national origin, of aq intention to make any such preference, limitation ot discrimination,Case 3:16-cv-30043-MAP Document ‘1-2 Filed 03/02/16 Page 16 of 19 ‘Tho prohibitions in this section shell apply fo all written or oral notices or statements by a person engeged in the sale or rental ofa dwelling, Written notioes and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or aay documents used with respect to the sale or rentel of a dwelling.” 24 CPR, § 100.75(a)-(b). By publishing a request for proposals requiring the WMCAC site to be located within 1.5 miles of the Hampden County Kall of Justice, and thereby sited within a community of color unlawfully discriminated against the Complainant and other residents of Maple Heights / Six Comers on tho basis of their race by advertising a preference thet the WMCAC facility be sited within a community of color. 100% D F ACTION: 42 U. (Title VD, Section 2000d states that, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benofits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” ‘The Department of Justice’s implementing regulations state that, “A recipient... mey not, disectly or through contractual or other arrarigements, utilize eriteria or methods of administration which have the effect of subjecting individuals to discrimination because of their +a0e, color, or national origin, or have the effect of defeating or substantially impeiting ecoomplishmeat of the objectives of the program as respects individuals of a particular race, color, ot tntional origin.” 28 CER. § 42.104(d)(2). The DOJ’s regulations aiso provide thet, “In determining the site of location of facilities, a recipient or applicant may not make selections ‘with the purpose of effect of excluding individucls from, denying them the benefits of, or subjecting them to discrimination under any program to which this subpart applies, on the ground of race, color, ar national otigin; or with the purpose or effect of defeating or substantially impairitig the accomplishment of the objectives of the Act or this subpart.” By deciding to site WMCAC within a 1,5 toile radius of the Hampden County Hall of Justice, Respondeits discriminaied against Complaiiiant and other African Americans by knowingly siting WMCAC within « community of colot, Respondents knew or should have known that siting WMCAC withis 1,5 miles of the Half of Rislice instead of utilizing the four cities gaumierated in prior bids would have the effect of subjecting African Americans to discriminstios, Additionally, the City of Springficld know of should haye knévn its Tongstanding practice of siting group homes and other local usvvanted iand uses in Maple Heights / Six Comers would have.a discriminatory effect on the Complainant and other A rican Arceticans residing in Maple Heights / Six Corners, Respondents HCSD, DCAM, and City of Springtiold all receive federal financial essistance and therelbre are stibjeot to these provisios, WOURTH CAUSE OF ACTION: M.G.1i, C.1SIB § 4 4@5, 6,78 ‘(Massachusetts Fair Housing Practices Act) Paragrajih 6 of Section 4 of Chanter 151B provides that it shail be an ualniyful practice for the “owner, lessee, sublessee, licensed real estate broker, assignee or managing agent of publicly essiated... housing accommodations... to discriminate aginst any person because of his race, religious oreed, color, national origin, sex, gender identity, sexual orieitation, which shell 9Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 17 of 19 ‘not include persons whose ssxual orientation involves minor children as the sex object, age, ancestry, of marital status or beoause such person is a veteran or member of the armed forces, ot because such person is blind, or hoaring impaired or has any other handicap in the terms, conditions or privileges of such nevommodations or the acquisitions thereof, or in tho furnishings of facilities and sorvices in connection therewith.” Under Chapter 151B, “publicly assisted housing accommodations” include any accommodation ‘which is constructed in whole or in pact on property acquired or assembled by the commonwealth or any of ils polities subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction; or for the aoquisition, construction, repair or maintenance of which the commonwealth or any of its political subdivisions or any ageucy thereo! supplies funds or other financial assistance.” (M.G.L. ¢.151B § I Yi0(a)(3)-(4). Respondents’ essort that WMCAC is 0 group residential facility, (Conditional Sito Plan Approval issued April §, 2015 by City of Springfield). As such, it oan rightly construed to be e publicly assisted housing accommodation, as it is being constructed on property aequired by the Commonwealth via a lease and which will receive operating funds from an agency of the Commonwealth, the Hampden County Sherif?s Deperiment, By requising WMCAC to be sited withia 1.5 miles of the Hempden County Hall of Justice, Respondents utilized discriminatory siting procedures that perpetuate racial seg-egntion pattems and thereby discriminating against Atrican Americans in the aequisition of the WMCAC site, By over-concentrating group homes in Maple Heights / Six Comers, Respondent City of Springfield hs implemented land tise policios and practioes which perpetuate patterns of ricial sogrogation end farther increase the segregation of disabled persons. Paragraph 5 of Section 4 of Chapter 151B. provides that it is unlawful for, “For any ppersosi, whether an employer or an employee or not, to aid, abe, incite, compel or coerce the doing of any of the acts forbidden under this chapier or fo attempt to do 90.” Respondents City of Springfield sided and abetted the discriminatory practices of Respotidents Ashe, HCSD, DCAMM, and Glacistone by issuing an sdmivistrative approval for 149 Mill Street to be used for the WMCAC without providing any due process to residents, Respondent Blue Tarp reDevelopmeéat cided and abetied the discriminatory practices of Respondents Ashe, HCSD, DCAMM, and Gladstone by providing a $450,000 morlgagé to Mill Siroct Innovative Housing, LLG, forestalling the imminéat foreclosure and buying additional time for Respondents Ashe, ICSD, DCAMM, and Gledstone to rig tho WMCAC RFP to prodetermiine the selection of 149 Mill Street. Michael Goldberg, and Mill Sttoct Iconic Hotising, LLLC sided end abetted the discrirhinatory practices of Respondents Ashe, HCSD, DCAMM, and Gladstone by conspiring with Respondents to rig the WMCAC RFP in such a manner that Mill Street Innovative Honsing, LLC was guaranteed to win the bid, Poragraph 7B of Section 4 of Chapter 151B provides that it ig unlawful for, “For eny person to make print, or publish, or ceuse to he made, printed, or published any notice, stateraent or advertisement, with respect to the gale or rental of multiple dwelling, contiguously locate, publicly assisted or other covered housing accommodations that indicates any preference, limitation, or discriminiation hased on race, color, zeligion, sex, gender identity, sexual crieatation which shall not include persons whose sexual orientation involves tainor children as tho'séx object, national origin, zenetic information, ancestry, children, merital status, public ‘assistatioe recipioncy, or handicap or gn intention to make any such preference, limitation or discrimination except where otherwise legally permitted.” By publishing a request for proposals 10Case 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 18 of 19 requiring the WMCAC site to be Jocsted within 1.5 miles of the Hampden County Hall of Justice, and thereby sited within a community of color uniawfully discriminated against the Complainant and other residents of Maple Heights / Six Comers on the basis of their race by advertising a preference that the WMCAC facility be sited within a community of color. aimee el ‘These unlawful and discriminatory practices discourage purchasers from buying homes in communities of color and perpetuate residential segregation in communities of color, reinforce differences in property values between communities of color and White communities, zeintoroe negative stereotypes about communities and individuals based oa race and national origin, tend to perpetuate and exacerbate racial segregation in the housing market, adversely affect home values and wealth of homeowners in communities of color, adversely affect the emotional and physical health of residents of comnmnities of color, and often result in investors purchasing ‘homes at below market prices and taming neighborhoods in communities of color that once had. high homeownership rates into investor/rental/absentee landlord neighborhoods, By engaging in this unlawful conduct, Respondents Ashe, CSD, DCAMM, Gladstone, City of Springfield, Blue ‘Tarp reDevelopment, Mill Street Iconic Housing, LLC, and Goldberg, ‘ave hamed and continue to harm the Complainant, endangering the value of her property and that of other residents of Maple Heights / Six Comers. March 1, 2016 Respectfully Submitted, ak ‘Allyn Allyn & Ball, P.C! 98 Lower Westfield Road SuiteM Holyoke, MA 01040 BBO# 643237 ‘Vel: 413-538-7118 Fax: 413 538-6199 uCase 3:16-cv-30043-MAP Document 1-2 Filed 03/02/16 Page 19 of 19 MERIFICATION OF COMPLAINT I, Patricia Taste- Rey hereby depose and slate that [have read the charge of discrimination, have reviewed the exhibits to the charge and believe all the information is true and accrrate to the best of may ability and belief Signed this_/ day of March 2016 unds of perjury. Patricia Teste-Ray COMMONWEALTH OF MASSACHUSETTS Hampden, March 1, 2016 ‘Then appeared Patricia Taste- Ray, personally known to me, and declared the foregoing his fireo act and deed beforeme this _7"_ Day of March 2016, ‘Siawn P. Allyn Notary Public Cor YS /22 Notary Publie {Commonwealth of Messadhuseits ‘hy Commissian Expires ‘April 8, 2022 12Case 3:16-cv-30043-MAP Document 2 Filed 03/02/16 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETS 16-CV-30043 PATRICIA TASTE -RAY Plaintit EMERGENCY MOTION FOR LIMI & TEMPORARY RESTRAINING ORDER D ) ) > ) } ‘MICHAEL J, ASHE, ) HAMPDEN COUNTY } SHERIFFS DEPARTMENT, ) CITY OF SPRINGFIELD, ) DIVISION OF CAPITAL ) ASSET MANAGEMENT & ) MAINTENANCE, ) CAROL GLADSTONE ) COMMISSONER, ) BLUE TARP REDEVELOPMENT, ) D/B/A M.GM, SPRINGFIELD, ) MICHAEL GOLDBERG & a ‘MILL STREET ICONIC 5 PROPERTIES, LLC, ) Defendants, ) ) EMERGENCY MOTION FOR A LIMITED & TEMPORARY RESTRAINING 2 ORDER Now comes the Plaintiff and moves that this Court enter ¢ limited and temporary testraining order against Defendants ASHE, DCAMM, and ICONIC whereby preventing the consiruction of ¢ jell next to her house until she can seok her administrative remedies under the Fair Housing Act within the next 100 days, As reasons therefore, the Plaintiff states a3 follows: | |Case 3:16-cv-30043-MAP Document 2 Filed 03/02/16 Page 2 of 3 1, Defendants engaged in unison in acts of assuring and rigging the RFP bidding process for te WMICAC (ai housing convicted inmates) to be constructed at 149 Mill Street, Springfield, Massachasetis in the middle of a residential community, 2, ‘The Defendants have engaged in a lend use process which has foreclosed any tight to hearing or due process with the City of Springfield by its implementation of zoning rules, ordinances and procedures foreclosing any ight to be heard and cresting residential segregation by race in the poorest and most racially diverse section of the City of Springfield. See Texas Department of Housing and Community Affairs, et al. v. The Inclusive Communities Project, Ine, et al, 576U.8. (2015) 3. ‘The Plaintisf and other similarly situated African American residents have sisnply been told that the Commonwealth has signed a lease to place a jail in their Community and they have no rights of appeal or to be heard before itis constructed in the middle of two residential single family homes. Ineparable harm to the Plaintiff and other similacly situated residents cannot be romediad by money damages and very little harm will come to the Defendants over the next 100 days as the WMCAC is operating 15 miles from the selected radius with an option to temporarily renew its license, ; In further sepport hereo’, the Plaintiff relies on her Ver vmplaint, Motion, Exhibits and Memorandum of Lav in support of he: Motion. WHEREFORE, tho Plaintiff prays that her motion be allowed.Case 3:16-cv-30043-MAP Document2 Filed 03/02/16 Page 3 of 3 Dated: 3/2/16 Respectfully submited, Patricia Taste-Ray ‘By her attomey, és Shawm P. Allyn, Fsq. Shawn P, Allyn 98 Lower Westfield Road, Suito 3 Holyoke, MA 01040 BBO#643227 ‘Tel: (413) 538-7118 Fax: (413) 538-6199 sallyn@allynandball.com Certificate of Service Thereby certify that a true and aceutate copy of this documeat filed through the ECF system will be sent electronically to the registered participants es identified on the Notice of Hlectronic Filing (NEF) and paper copies will be sent to those indicated as noa rogistored patticipants on March 2, 2016. és! Shawn P, Allyn Shawn Allyn, Esq.Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 1 of 19 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETS 16-CV-30043, PATRICIA TASTE-RAY Plaintift v. ) ) d ) MICHAEL J, ASHE, ) HAMPDEN COUNTY ) ‘SHERIFFS DEPARTMENT, ) DIVISION OF CAPITAL 5 & ASSET MANAGEMENT, ) CAROL GLADSTONE ) COMMISSONER, ) BLUE TARP REDEVELOPMENT, } D/B/AM.G.M. SPRINGFIELD, — ) MICHAEL GOLDBERG, & ) MILL STREET ICONIC ) PROPERTIES, LLC. 5 Defendants. ) eee poe PATRICIA RAY’S MEMORANDUM OF LAW IN SUPPORT OF HER MOTION FORA TEMPORARY RESTRAINING ORDER IL Factual Background Patricia Teste- Ray has owned hor home at 141 Mill Street, Springfield since 2004. Plaintiff's home abuts 149 Mill Street, Springfield, MA, the proposed sito of the Westen Massachusetts Cocrectional Addiction Center, Ms, Ray is of Aftican American descent, Pursuant to 42 U.S.C. § 3601 et seg. (Fitle VIL of the Civil Rights Act of 1968) and 42 U.S.C. § 200d ef seq, (Title VI of the Civil Rights Act of 1964), Patricia Ray alleging that Michael J. Asho, Jr, the Hampden County Shesif"s Department (“HCSD"), the Commonwealth of Massachusetts Division of Capital Asset Management and 1Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 2 of 19 Maintenance (‘DCAMM”), Carol D, Gladstone, the City of Springficld, Bluo Tarp reDevelopment LLC W/b/a MGM Springfield, Michael D. Goldberg and Mills Street Iconic Properties, LLLC (hereinafter “Ioonie”) violated and continues to violate Title VI ("Title VP") and the Fair Housing Act (“FHA”) by knowingly and intontionelly siting the ‘Wester Massachusetts Comectional Addiction Center (“WMCAC*) in predominuatly African-American, Latino, and other non-White communities (hereinafter “communitios of color”) in Springfield located within a one-mile radius of the Hempden County Hell of Justice while arbitrarily end capriciously excluding all other locations within the County, ‘including those in predominantly White communities, ‘Through the acts and omissions described herein, Plaintiff alleges that Defendant City of Springfield eagagod in a systematic practice of siting group homes in communities of color, including the Maple Heights / Six Comers neighborhood thereby pexpetuating the segrogation of petsons with disabilities in communities of color Defendant Michael J. Ashe, Jr, the Hampelon County Sheriff's Department, the Commanwealth of Massachusetts Division of Capital Asset Management and Maintenance, Carol D, Gladstone, knowingly and intentionally crafted the Request for Proposals (“RFP”) for the Western Massachusetts Correctional Aleohol Center in such a manner it could be sited only within communities of color, Defendant City of Springfield, Blue Tarp reDevelopment LLC d/b/a MGM Springfield, Iconic, and Michael D. Goldberg aided and abetted Asho, HCSD, Gladstone, and DCAMM in engaging in these discriminstory acts. ‘These acts predictably will have the effect of causing residential segregation by taco in the affected communities referenced herein,Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 3 of 19 I Summary of Argument Plaintiff socks a limited temporary restraining order to allow the United States Department of Housing Urban Development and Department of Justice to conduct 100 day investigation into her complaint whereby preserving her administrative remedies and to prevent her from suffering imeparable harm as the construction of a jail is set to begin ‘on March 15, 2026 directly next to hor home and in het community, Ina recent land mack decision, the Supreme Court of the United States held that “disparate-impect claims are cognizable under the Fair Housing Act (or FHA), 82 Stat. 81, as amended, 42 U.S.C. $3601 ct seq. See Texas Department of Housing and Community Afiairs, et al. v, The Incisive Communities Project, Ine. et al, 576US. 2015). The First Cireuit has not yet weighed in on the application of Jnclusive Communities Project for ou district. Although the Plaintiff's underlying complaint alleges intentional discrimination, {ke Supreme Court ruled earlier that such disparate impact cases did not give individual plaintiffs a privato right of action under aspects of Title VI In Alexander, Director, Alabama Depariment of Publie Safety, et al. v. Sandoval, et al, 532°V.S, 275 (2001), the Court reversed the District Court judge's decision to enjoin the policy of the Alabama Departinent of Public Safety decision only to administer stato driver’s icenses examinations in English with Sandoval arguing that it violated DOJ's polioss because it had the effect of subjecting non-English speakers to discrimination based upon their national origin. The Court reasoned that it would be up to the Agency's expertise and investigation in determining whether discrimination occurred and to seek to eraclioate the effec! of the State of Alabama's Depurtment of Public Safety's conduct,Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 4 of 19 Ji this case, Piolntff Ray in only requesting the Court to allow her the right to have HUD, MCAD and DOT investigete the matter over the next one hundred days before the Defendants ate allowed to begin construction of a correctional facility next to her home and in het neighborhood. See 42.U.S.C, §3610(g) (HUD shall within 100 days complete its investigation). Allowing construction of a jail directly next to her homo Will cause irreparable herm to her and the neighborhood whife it will have very litle prejudicial effect on the Defendants to wait 100 days as the Western Massachusetts Alcohol Correctional Center is operating at a location with an extendable license, The chain of events and conduct of the Defendants in this case not only give ‘strong inference of intentional discrimination but demonstrates a sttong likelihood that the practices engaged in by the Defendants, whether intentional or not, will cause a discriminatory effect to the African Americas living in the Maple Heights/ Six Comers communities. See 24 CR §100.500(6) (1) (2014), ‘The Plainti nor any member of her community heve been given any opportunity to be heard by the City of Springfield or any right of local redress due to the Defendants? ‘rushed manner of implementing land use rules, ordinances, policies, or procedures that sestrict oz deny housing opportunities or otherwise make unavailable of deny dwellings to person booause of tace, color, religion, sex, handicap, familial statis, or national origin ‘See 24 CER $100.70 (A) (5), Effective March 18, 2013, ‘The Plaintiff also seeks to have this period of time to have the Massachusetts Commission on State Ethics conduct an investigation into her complaints regerding the ‘conduct Of Defendant Asho and Dofendant Goldberg a8 outlined herein which give rise toCase 3:16-cv-20043-MAP Document3 Filed 03/02/16 Page 5 of 19 the use of local land ordinances and policies which results in racial segregation and have a disparate impact on her community, J. Legal Standard for Temporary Restraining Order ‘The sine qua non of injunctive relief is a showing of irreparable injury and the inadequacy of legal remedies. See Sampson v, Murray, 415 U.S. 61, 88 (1974). Generally, the party requesting injunotive reliof must establish the likelihood of imeparable harm: if the injunction is not entered end that other remedies at law are inadequate ‘The First Circuit has applied the four-factor test of Bellotti, which the United States Supreme Court recently confitmed in Winter v. Natural Res. Def: Council, 555 US, 7, 20 (2008). In the Winter decision, the Supreme Court ruled that the impact of # preliminary injunction on the public interest is a critical matter, which the lower federal courts must carefully examine. Id, To obtain a preliminary injunction, a plaintiff must show: (1) a likelihood of success on the merits; (2) a risk of irreparable harm to the plaintiff if tho injunction is not issued; (3) the balance of equities favors an injunction; interest will noi be adversely affected by granting an injianction, See, and (4) the public’ 8, Commerce Bank & Trust Co, v. 1D Banknorth, fne., 554 P. Supp. 24.77, 83 (D. Mass. 2008), Despite the stability of the four-factor analysis over the past 30 years in the First Circuit, the court of appeals has injected uncertainties into the disposition of motions for temporary injunctions. For example, it has treated the concept of inadequate remedy at Counsel peraphrases and directly quotes the analysis in Preliminary Pytnetion Standards in Massachusetts Stats and Federal Courts, ActhurD. Wolf, Western New England Law Review, Volume 35, Teste 1 Planned Parenthood League of Mass. v, Ballot, 641 F.2d 1005, 1008 (Ist Ci, 1981),Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 6 of 19 Jaw, which the Supreme Court has called the essence of injunctive reliof in the federal couris, in different ways, E.g., Sampson v. Murray, 415 US, 61, 88 (1974). E.g,, Rondeau v. Mosinee Paper Corp., 422 U8. 49, 57 (1975). First it has equated inadequacy with imeparable injury. Fg. Itek Corp. v, First Nat'l Bank of Bos., 730 F.2d 19, 22-25 (Ist Cir, 1984); Levesque v, State of Maine, 587 F.2d 78, 80 (Ist Cir. 1978); Interco, Ine. v. First Nat'l Bank of Bos., 560 F.2d 480, 484-86 (Ist Cir. 1977); Keefe Geanakos, 418 F.2d 359, 363 (Ist Cit. 1969). Thetis, the moving party must show that hor remedy at law is inadequate in order to demonstrate irreparable injury. Ordinacily, the Jegal remedy is adequate if the injury can be compensated through money damages. In this sense, adequate remedy at law and irreparable injury are mutually exclusive concepts: the presence of one means the abgence of tho other, Second, the court, on occasion, hus treated the adequacy notion as for interim relief. E.g., Auburn Nows Co., Inc. ». Providence Journal Co., 659 F.2d 273, 277 (Ist Cit, 1981), cert. denied, 455 U.S. 921 (1982). ‘The SIC has directed trial judges to consider an additional factor: the “risk of harm to the public interest” if the preliminary injunction is granted or denied. Broolline v. Goldstein, 447 N.E.2d 641, 644 (Mass, 1983); see Landry v, Alforney Gen, 709 N.B.2¢ 1085, 1090 (Mass. 1999), Such hann to the public intorest should be considered when “the dispute does not involve [only] private patties.” See John F. Callahan & Sons, Inc, v. City of Malden, 713 N-B.24 955, 960 (Mass, 1999), Thus the courts will examine the “public interest” eriterion where n governmental unit, state or local, is the dofondant in a civil action. see Siemens Bldg, Techs,, Inc, v. Div, of CapitalCase 3:16-cv-30043-MAP Document 3. Filed 03/02/16 Page 7 of 19 Asset Mgmt., 791 N.B.2d 340, 345 (Mass, 2003); Tri-Nel Mgt., Inc. v. Bd. of Health of Barnstable, 741 N.E.2d 37, 40 (Mass, 2001); Landry, 709 N.B.2d at 1090, For temporaty relief, the First Circuit has differed in many ways depending on the Public Intorest at heart and whether the adequeey of the Plaintifs remedy would be resolved through money damages. In this case, money will not remedy the discriminatory effect of a process of using local land use zoning to promote residential segregation by race in certain communities within the City of SpringSield. Iv, ARGUMENT Plaintiff has 2 likihood of suecess in meeting her burden of proving that the challenged bid-rigging by the Defendants caused or predictably will cause a liscriminatory effect, ‘The history and process of placing the WMCAC shows a strong likihood of the Plaintiff proving that the bid and bidding process in this casc was tigged and predictably will cause « discriminatory effect on the potest and most racial diverse communities in Springfield, Massachusetts, Brief History of Bid ‘The Defendants original bid called for 55,000 square foot facility seeking bids from Holyoke, Chicopee, West Springfield and Springfield, Massachusetts, See Bx. T. At the onset, Defendant Ashe with Gladstone attempted twice to have Defendant DCAMM contract with tho corporation controlled in one way ar another by Defendant Goldberg. Goldberg was un employee of the HCSD, ‘These attempts failed, Defendant Ashe then targoted the North End of Springfield which also contains one of : the City’s highest population of Latinos residents, 7Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 8 of 19 At that time, Defendant Ashe sclected one of his long term friends to attempt to build « jail under the guise of a lease rather thea contract for construction under G.L. o, 149, The North Bnd xesidenco challenged this conduct in a taxpayer’s action which remains pending in Luna, et al. v. Michael J, Avhe, Hempden Superior Court, Civil Action No, 15-CV-S7L. On October 5, 2016, on the eve of a Preliminary Injunction evidentiary hearing, Defendant Ashe and DCAMM sought emergency relief from having to testify by indicating they were rescinding the letter of intent made with Ashe’s fiend (Lenshox) and would not place a jail in the North End Community. See Bx. W. On October 15, 2016, Defendant Gladstone dramatically changed the nature and charactor of the bid solely to steer it back to the Mill Street Property. Ex, A 1, Conflict of Interest G.L. o, 268A: Goldberg & Ashe (inside dealing) ‘The conflicts of interest in the paper trail the Defendants left bchind is overshelming, ‘The conilict of interest law seoks to prevent conflicls between privele interests and public duties, foster intogrity in public service and promote the publie’s trust ‘and confidence in that serviee by placing restrictions on what stato employees may do on the job and after leaving publie service, G.L. 268A, Ata minimum, the conduct doing this process required ststo discourse’by Defendant Ashe and Goldberg. Goldserg, 4s an officer of the corporation was bidding on the project in which he had finical interest inthe twatter, Goldberg and wes not only employed for the Commonwealth —-but for the HCSD, Goldberg's direct boss had the authority to select the bid, in fict, selected at last ono, and it was rejected, During those poriods of time, Goldberg was conducting his comporate business ftom the Shorif’s offive direeily related to the project (filing 8Case 3:16-cv-30043-MAP Document 3 Filed 03/02/16 Page 9 of 19 corporate documents with the Secretary of the Commonwealth on line as reflective of tho Sheriff's facsimile number listed on the filed documents). See Ex.M, These ect themselves give an appearance of coniliet, misuse of positions, self-dealing and ‘nepotism as prohibited by M.G.L, ¢, 268A, §§ 6,23(b)(2), 23(0)(3) 26. See Ex. Y (Giate Ethies Complaint), 2. Money Trai: Aiding and Abetting (MGM- Springfield) On Apzil 8, 2015, the City of Springfield issued an Administrative Site Plan Review (Tier 1) Conditional Approval to Hempden County Sheriff*s Department to operate a Group Residential Facility at 149 Mill Street, Springfield, MA. See Ex, S. Between April and November 19, 2015, Defendant Goldborg maneuvered with ‘TD Bank to have the foreclosure auction delayed on multiple occasions through October of 2015. At thal time, Defendants Gladstone and DCAMM teilored the RFP to match 149 Mill Street. See Ex. U-3, Less than a month later, the foreclosure auction was scheduled as the sight had been preapptoved by the City of Springfield. See Ex, S. Oa November 19, 2015 Mill Street Innovative Housing, LLC, TD Bank, and Mill Street leonic Housing, LLC execute documents foreclosing Mill Street Innovative Housing, LLC’s interest in 149 MEU Street and transfeering title to the property to Mill Sireet Ioonie Housing, LLC for $950,000. On January 27, 2016, these documents wore filed with the Registry of Deeds. The documents were not recorded until January 27, 2016 in order to keep the transactions from the public view until after the Defendants sealed the deal with DCAMM and Defendant Gladstone signed the lease, See Ex, U-2, 3, 4,5. » Money tral is outlined in detail with the HUD/MCAD Complaint fled with the Federel Governrvent, See Ex, I. 9Case 3:16-cv-30043-MAP Document3 Filed 03/02/16 Page 10 of 19 These exhibits demonstrate tha! Defendant Goldberg had a beneficial interest in Mill Street Innovative Housing, LLC and operated Mill Street Innovative Housing, LLC out of the Hampden County Sheriff's Office. They also show that Mill Street Innovative ‘Housing, LLC took on multiple morigayes that left the property heavily indebted. They

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