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

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