CELESTE HALL, Complainant,

VS.

RICHARD P. GERDNER, Respondent.

FINDINGS OF FACT

The parties stipulated to the following procedural facts: [starred *; see Joint Exhibit 1]

*1. The Complainant, Celeste A. Hall, filed a verified complaint with the Iowa Civil Rights Commission ("Commission") on October 14, 1985, alleging a violation of Iowa Code Chapter 601A in the refusal to rent housing to her on the basis of race, which filing was within the statute of limitations.

*2. Said complaint was served on Respondent on November 1, 1985.

*3. The investigation was completed on February 27, 1986. The investigator recommended a finding of probable cause on Complainant's allegation of racial discrimination in housing.

*4. Hearing officer Leo Kam determined probable cause existed to credit Complainant's allegation of racial discrimination on March 24, 1986.

*5. Respondent was notified of the probable cause determination on March 27, 1986.

*6. Conciliation was unsuccessfully attempted and, by letter dated April 9, 1986, Respondent requested bypassing further conciliation.

*7. The Acting Executive Director of the Commission, Louis Martin, recommended bypassing further conciliation on July 1, 1986; Gretchen Hamlett, a Commissioner of the Commission, approved the Acting Director's recommendation on June 26.

8. Except for approximately 11 years, Hall was a resident of Burlington all her life. She was employed by AAA and had been for 6 years. Hall was married and had three children, ages 16, 12 and 4.

9. In July of 1985, she lived at 1816 Barrett Street in Burlington. When she moved in, she paid $350.00 a month rent. That was raised to $370.00 in June 1985. Because of increasing rent, she was looking for a house to buy or with option to buy.

10. Gerdner owned the house at 1204 South 14th Street in Burlington. Prior to Gerdner buying that house, it had been for sale and Hall had talked with a realtor about it. She was interested in that particular location because it was closer to her relatives and to the school she and two of her children had attended.

11. In July 1985, Hall decided to pursue rental instead of buying. She checked the ads and inquired about different properties. She wanted the South Hill. She responded to an ad in the Hawk Eye dated Tuesday, July 30, 1986, by calling the given number. Mrs. Gerdner answered the call and asked her to call back when her husband was home. She did so. Gerdner explained that he had bought the house at an auction and the owner had left town without signing the contract of sale and that he couldn't rent it until the contract was signed. Hall requested to see the property anyway and arrangements were made for 6:30 that same evening. Hall, her husband and their two daughters kept the appointment. The Hall family is Black. They viewed the house, expressed their interest in renting it and exchanged phone numbers. Gerdner did not ask the Halls about their income, references or their current landlord. The Halls were the first persons to look at the property. They, were told the rent would be $300.00. No deposit was taken because Gerdner did not want to do anything until he received the signed contract from the seller of the property. Hall left believing that they were just waiting for the signed contract and that then they could arrange to rent the house. She proceeded to obtain boxes and started packing.

12. When Hall called Gerdner to see if the contract had received, she was told the property was already rented.

13. Effective May 1986, Hall's rent was raised to $385.00.

14. On August 9, 1985, Gerdner rented the house to the Riffel family, husband, wife and three children - all white.

15. The Riffels saw the ad in the paper on August 4th. They called Gerdner and set up an appointment to see the house on either the 5th or 6th. They were also told at first that the rent would be $300.00, and that he had not received the signed document necessary for his renting the house. Gerdner did not request any information about the family income of the Riffel's. He did ask him about his employment and present landlord. The Riffels expressed their interest, but had some things they had to check on. They requested a call if and when the property was available and that they would talk to him about it at that time. They did not assume the rental was theirs, but hoped Gerdner would call them and give them an opportunity to discuss it. Gerdner did, in fact, call the Riffels and told them that the property was available and that they could rent it if they were interested. That occurred on the 6th, 7th, or 8th of August. They rented the house on Friday, August 9, paid $325.00 deposit and $175.00 for the remainder of the month of August. Rent was to be $315.00. The Riffels actually paid only $175.00 for 23 days instead of $237.59.

16. On August 5, 1987, the Auction Company sent the unsigned contracts to the seller in Florida by overnight Federal Express. It is assumed the seller received the contracts on August 6, 1987. There is no evidence as to when the seller signed, returned or Gerdner received the signed contract. They could conceivably have been received as early as August 7th. Gerdner testified that the Auction Company called him on August 9th, the same day he rented the property to the Riffels.

17. Gerdner stated that he looks for tenants who are interested in staying, taking care of the place, and who pay their bills.

18. Gerdner chose the Riffels based on the questions they asked when shown the property, their willingness to do painting in the house, request to replace a ceiling fixture and their expression of interest. Gerdner admitted the Halls were also interested in the property, that they didn't say one way or the other how long they'd stay. Gerdner didn't remember whether or not he gave Halls his phone number or asked that they call in a week.

19. Both Celeste and her husband were upset by the refusal of Gerdner to give them the opportunity of renting the house they wanted.