OTIS PAYTON, Complainant,

VS.

FISHERCREST APARTMENTS and MR. AUGLAND, Respondents.

CONCLUSIONS OF LAW

1. The complaint, CP#03-87-15960 was timely filed, processed, and the issues in the complaint are properly before the Hearing Officer and ultimately before the Commission.

2. The applicable statutory authority is Iowa Code section 601A.8:

601A.8 Unfair or discriminatory practices - housing.

It shall be an unfair or discriminatory practice for any owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:

1. To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, sex, religion, national origin or disability of such person.

2. To discriminate against any person because of the person's race, color, creed, sex, religion, national origin or disability, in the terms, conditions or privileges of the sale, rental, lease assignment or sublease of any real property or housing accommodation or any part, portion or interest therein.

3. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, sex, religion, national origin or disability is unwelcome, objectionable, not acceptable or not solicited.

4. To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, disability, age or national origin of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity.

Harold Slagle owned Fishercrest Apartments. Walter Tyler, resident manager of Fishercrest Apartments, was an agent of owner Slagle. Otis Payton is black. He wished to rent an apartment at Fishercrest. He made known to Anglund and Tyler that he wanted an apartment and was willing and able to pay a deposit on an apartment, specifically apartment D5. Tyler knew the Paytons were a black couple. Tyler directly, through evasion, and indirectly, through failure to contact, indicated that the rental of an apartment to a black couple was unwelcome, objectionable, not acceptable or not solicited. He readily rented that same apartment to a white person for her in-laws. He did not, nor could he have known that those in-laws were black. As a matter of fact, the in-laws were the Paytons. Such actions by Tyler, and thereby the Slagles, are unfair and discriminatory. It is unlawful to represent a unit is not available when in fact it is available. Havens v. Coleman, 455 U.S. 363(1982) Such actions are illegal under the Iowa Civil Rights Act. The defense used by Respondents that they were holding the apartment for a Chinese couple is not credible. The fact that the Paytons now live in Fishercrest does not erase the discrimination against them. The process of obtaining a lease through their white daughter-in- law negates any good faith rental policy as related to the Paytons. It is concluded that Payton has proved his case of discrimination and Respondent is in violation of Iowa Code §601A.8.

Complainant suffered no monetary damages. Complainant requests damages for emotional distress. The only evidence of emotional distress was the testimony of the Complainant and his wife Mary. It has been found that "humiliation can be inferred from the circumstances as well as established by testimony." Seaton v. Sky Realty Co., 491 F.2d 634, 636 (7th Cir. 1974). The underlying purposes of fair housing laws are to make housing available and to make the victim whole after experiencing discrimination. The size of damages has grown over the years, especially in the area of fair housing. in this case of issue, complainant requests $5000.00 in damages and it is agreed that is a fair amount to award.