BEFORE THE IOWA CIVIL RIGHTS COMMISSION
DORENE POLTON, Complainant, and IOWA CIVIL
RIGHTS COMMISSION,
VS.
FRANK ROMAN and JOHN ABELN, Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Complainant, Dorene Polton, is entitled to judgment because she
has established that the Respondents John Abeln and Frank Roman are liable
for (a) indicating that blacks were unwelcome, objectionable, not acceptable
or not solicited as tenants in violation of Iowa Code section 601A.8(3);
and (b) discrimination against her as a lessee, because she had blacks as
friends, guests or visitors in her apartment, in violation of Iowa Code
section 601 A.8 (4).
B. Complainant Polton is entitled to a judgment of one thousand seven
hundred sixty dollars ($1,760.00) in compensatory damages from the Respondents
for the loss-resulting from increased rental payments after her constructive
eviction from Respondent Roman's apartments.
C. Complainant Polton is entitled to a judgment
of ten thousand dollars ($10,000.00) in compensatory damages from the Respondents
for the emotional distress she sustained as a result of the housing discrimination
practiced by them.
D. Interest at the rate of ten percent per annum shall be paid by the
Respondents to Complainant Polton on her award of increased rental commencing
on the dates rental payments would have been made, as indicated by the lease,
if Complainant had remained in Respondent's apartments and continuing until
date of payment of the interest.
E. Interest at the rate of ten percent per annum shall be paid by
the Respondents to Complainant Polton on the above award of emotional
distress damages commencing on the date this decision becomes final, whether
by Commission decision or by operation of law, and continuing until
date of payment.
F. Respondent Frank Roman, and, in the event he should return to employment
with Respondent Roman, Respondent John Abeln are hereby ordered to cease
and desist from any further practices of race discrimination in housing.
This order prohibits all conduct by Respondents, their employees, agents,
officers, successors and all persons acting in concert with any of them,
which either denies equal housing opportunity to any person or indicates
that any person is unwelcome or objectionable because of the race or color
of such person or of his or her guests, visitors, friends, or associates.
G. Respondent Frank Roman shall post, within 60 days of the date this
order becomes final, in conspicuous places at each of his apartment buildings
in Iowa, including but not limited to the location at 1852 "A"
Avenue, N.E., Cedar Rapids, Iowa, in areas readily accessible to and frequented
by tenants, at least two copies per building of the poster, entitled "Fair
Housing Opportunity" which is available from the Commission.
H. In any future advertising of rental properties for housing by Respondent
Roman, by whatever means, the advertising shall prominently state "Equal
Housing Opportunity." If the advertisement is in print, the phrase
shall be printed in letters at least as large as the rest of the lettering
in the advertisement. Respondent Frank Roman shall review the publication
"Fair Housing Advertising in Iowa" which is available from the
Commission.
I. Respondent Frank Roman, and all of his apartment management personnel
who are responsible for showing apartments or enforcing apartment rules,
shall review the publication "Iowa Fair Housing Guide 1990" which
is available from the Commission. In addition, all such management personnel
shall be informed by Frank Roman that the race of prospective tenants or
their guests shall not be a factor in making decisions concerning whether
to rent to such persons. Frank Roman shall also inform them that the race
of tenants or their guests shall not be taken into consideration in enforcing
apartment or lease rules.
J. Respondent Frank Roman shall file a written report with the Commission, within 120 calendar days of the date this order becomes final, detailing what steps he has taken to comply with paragraphs A through I inclusive of this order.
Signed this the 4th day of February, 1992.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480