1. Plaintiff Bijan Shekarriz ("Shekarriz") is a resident of the City of

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1 NOW COMES your plaintiff, Bijan Shekarriz, by counsel, and as and for his Complaint against defendant, states as follows: 1. Plaintiff Bijan Shekarriz ("Shekarriz") is a resident of the City of Virginia Beach and is the owner of a condominium designated as Unit 603 at 3300 Ocean Shore Avenue, Virginia Beach, VA Defendant is a Virginia corporation and, among other things, makes decisions regarding the ability of unit owners, such as Shekarriz, to rent their condominium units. 3. Shekarriz suffers from a incurable neurological disease that has rendered him disabled and handicapped, and unable to occupy his condominium unit. 4. ln approximately 2011, the defendant approved a request by Shekarriz to have a "service dog" to help him with his health problems and deteriorating physical condition. At this point - - if not

2 earlier - - the defendant had direct knowledge of the serious nature of the health problems and disability Shekarriz was suffering. Eventually, Shekarriz became physically unable to occupy his unit. From 2013 to 2014, Shekarriz rented Unit 603 with defendant's permission. As that rental agreement was coming to an end, Shekarriz made a written request to continue being permitted to rent, and requested permission to enter into a long term lease. Shekarriz explained again his health problerns to an office manager who works for a property management company that is engaged by defendant to handle the property, and the manager instructed Shekarriz to claim a "financial hardship", which he did, in writing. The defendant knew that the "financial hardship" was due to disease and resulting disability. A copy of his March 14,2014 written request is attached as Exhibit 1. The defendant denied Shekarriz's request in a letter dated March 19,2014, a copy of which is attached as Exhibit 2. Thereafter, a meeting was held on March 31,2014, and Shekarriz explained his health problems, physical disability and his need to be permitted to rent his property. The request was again denied as stated in the attached April 1,2014letter (Exhibit 3). ln a letter dated April 7, 2014 (Exhibit 4), Shekarriz again appealed to the defendant to permit him to enter into a rental agreement for Unit 603, and he explained factually and legally why he believed to

3 be entitled to rent the unit. ln a letter dated May 12,2014 (Exhibit 5), the defendant again denied Shekarriz permission to rent his unit. ln a letter dated June 30, 2015 (Exhibit 6, including attachments), counsel for Shekarriz wrote to the association manager for defendant and explained factually and legally why shekarriz was entitled to rent his unit. Eventually, shekarriz was granted permission to enter into a rental agreement, but was unable to secure a tenant until November 1, As a direct result of the defendant's unreasonable failure and refusal to approve the numerous requests made by shekarriz to rent his condominium unit, he was caused to suffer damages, including loss of rental income, stress, aggravation, exacerbation of his disabling health conditions, attorney's fees and costs. Further, the defendant has continued to resist allowing shekarriz to enter into a long term rental agreement at his property thus impeding his ability to protect himself financially, and causing further aggravation, stress and associated damages. The defendant has acted in violation of virginia Fair Housing Law, Code of Virginia et seq. Specifically, Shekarriz has physical impairments that substantially limit one or more of his major life activities, which qualifies as a "handicap" for purposes of

4 Virginia Fair Housing Law. Defendant has engaged in discrimination in violation of Code of Virginia (A)(B) and (9) and (B). 14. Shekarriz is entitled to enforce his rights and seek relief pursuant to $ Because the defendant acted knowingly and intentionally in repeatedly denying Shekarriz rights and opportunities protected by Virginia Fair Housing Law, the defendant is liable not only for compensatory damages, attorney's fees and costs, but also punitive damages. Moreover, Shekarriz is entitled to injunctive relief to prevent and restrain any future violations of his rights stated in Virginia Fair Housing Law. WHEREFORE, for the foregoing reasons, your plaintiff, Bijan Shekarriz, respectfully requests that this Honorable Court grant relief and enter a judgment against defendant as follows: A. Compensatory damages in favor of Shekarriz against defendant in an amount demonstrated by the evidence up to the sum of $200,000.00; B. Punitive damages in favor of Shekarriz against defendant in an amount to be determined by the trier of fact up to the sum of $350,000.00; C. Appropriate temporary and permanent injunctive relief in favor of Shekarriz against defendant to prevent and restrain current and

5 future violations of Virginia Fair Housing Law; D. An award of all costs, attorneys' fees, both pre-judgment and postjudgment interest, and such other and further relief as allowed by law and as deemed appropriate under the circumstances of this dispute. TRIAL BY JURY IS DEMANDED. Kevin E. Martingayle, Esquire BISCHOFF MARTINGAYLE, P.C Pacific Avenue, Suite 300 Virginia Beach, V A (757) (757) (direct dial) (7 57) (facsim ile) Ema i I : marti n gayle@bischoffmarti n gayle. com