SHARON N. TROUT,

VS.

AGNES CRUMBAUGH, BOB BIRMINGHAM, Agent, Respondents.
FINDINGS OF FACT

1. The Complainant, Sharon N. Trout, timely filed verified complaint CP# 08-87-16583 with the Iowa Civil Rights Commission on August 17, 1987, alleging a violation of Iowa Code section 601A.8, discrimination in housing on the basis of race, by Respondents Agnes Crumbaugh and Bob Birmingham, Agent.

2. The complaint was investigated, probable cause found, conciliation attempted but failed. Notice of Hearing was issued on December 29, 1987.

3. In 1987, Sharon N. Trout was about 25 years of age with two children, one age two and a newborn. Trout is white. Her former boyfriend is Black.

4. Prior to July 1987, Trout was living in a big house with her parents. The house was located at 1528 West Eighth Street in Davenport, Iowa. With the permission of the owner, they were living in the house until foreclosure proceedings were completed. That was to occur sometime in July. Trout and her parents were looking for separate apartments and hoped to find something in the same area as they were then living.

5. Agnes Crumbaugh owned the duplex located at 1627-1629 West Eighth Street, Davenport, Iowa. Robert (Bob) Birmingham was her manager for about six rental units including the duplex at issue. Birmingham advertised vacancies by placing a card in a window with a number to be called. David (last name unknown) assisted Birmingham by showing the units to potential renters. He did not do the renting. (NOTE: Complainant's Exhibit 2 gives DAVID's last name as ROEDER).

6. Trout started to look for an apartment in June. She then had surgery and was unable to pursue it. On July 1, she and her parents received notice to move because of the foreclosure. Trout saw the "For Rent' sign in the window of the duplex at West Eighth and called the number given. She talked with Birmingham. He said she could look at the unit. David showed her the unit. She told David she wanted her parents to look at it and she did take her stepfather, Gary Skarda, to check out the heating, etc., of the unit.

7. Trout's stepfather and mother were also looking for a place to live and on the same day David showed them the duplex unit, he also had a house to show Trout's parents. Trout's mother picked up Trout and her stepfather at the duplex. They then followed David to see the house in which Trout's parents were interested. As they passed the house where they were then living, Trout's boyfriend called out to them. He was taking a big box out of his pharmacy truck. They stopped and Trout got out to see what he was carrying and went into the house with him. When the parents and David reached the house they were to look at, David asked Skarda "Is that your daughter's boyfriend?" Skarda said that it was.

8. Trout decided she wanted the duplex apartment. She called Birmingham and said she wanted to take the apartment and asked for the keys.

9. Trout alleges Birmingham asked whether her boyfriend was Black and that when she sad he was, Birmingham refused to rent her the apartment. Trout's sister, Helen Miranda, and Trout's friend, Lisa Burrall, witnessed Trout's end of the phone call and her reaction to the rejection. Trout said she felt like she had been called a dirty name and that she wasn't any good because she was going out with a Black man. One of her children was the son of the Black boyfriend. Birmingham denies making any comments about Trout's boyfriend being Black.

10. Trout had to begin looking for another apartment under the growing time pressure of being out of the foreclosed house. She finally found a place within the desired neighborhood, but only one bedroom and very small. The close quarters resulted in a stressful situation causing Trout and her boyfriend to fight all the time. They finally broke up.

11. Trout was on ADC at the time and receiving $381.00 a month. She felt she could afford $200.00 rent each month.

12. Jon Clarkson, employee of the Commission, talked on the phone with Birmingham after the filing of this complaint. He remembers that Birmingham was upset about a previous complaint where a mixed race couple had rented from him agreeing to do repairs and that they not only did not do the repairs, but left the place in a mess. Birmingham referred to the Black male as a 'big buck," a characterization Clarkson believed to be racially derogatory.

13. According to Birmingham, the rent on that duplex was $250.00 and the deposit was $250.00, and the reason he refused to rent to Trout was that she did not have the money for the rent and deposit. Birmingham denies using the characterization of "big buck" when he talked with Clarkson. He also said he rents to Black persons now and has in the past.