TERRY L. MORRIS and DIANE MORRIS, Complainants,

VS.

DARREL COX and PATTI COX, Respondents.

THIS MATTER, complaints filed by Terry L. Morris (CP# 10-85-13676) and Diane Morris (CP# 10-85-13677) (Complainants), [cases consolidated for purposes of the public hearing] with the Iowa Civil Rights Commission (Commission) charging Darrel Cox and Patti Cox (Respondents) with discrimination in housing on the basis of race, came on for hearing in Boone, Iowa on November 12, 1986, before Ione G. Shadduck serving as Hearing Officer. The Complainants were represented by Teresa Baustian, Assistant Attorney General and Stephen D. Lombardi, private attorney. The Respondents were represented by Jim P. Robbins, Attorney at Law.

Several issues requiring rulings were presented during the hearing and the rulings will be made in this proposed decision:

ISSUE 1 - Complainants objected to evidence of the facts that Complainants had filed complaints against the Hoffmans and Lawrence Happel and the amount of settlements in those cases. Respondents' request setoffs for the amount of the settlements. It is RULED that the evidence is admitted and that setoff is inappropriate.

ISSUE 2 - Complainants took exception to the post-hearing ruling allowing an attorney/client privilege claimed by Leonard Nelson. The exception is of record.

ISSUE 3 - Respondents moved for dismissal for lack of evidence and because the legal elements were not met. Ruling will be made after the Conclusions of Law.

ISSUE 4 - Pages 64, 65, and 66 of the Terry Morris deposition were submitted into evidence by Respondents.

Complainants requested that if those pages were admitted the entire transcript should be admitted. It is RULED that Respondents' Exhibit C is the entire deposition and is admitted into evidence.

Having reviewed the testimony, exhibits and record, the Hearing Officer makes the following proposed findings of fact, conclusions of law, recommended decision and order.