OTIS PAYTON, Complainant,

VS.

FISHERCREST APARTMENTS and MR. AUGLAND, Respondents.

FINDINGS OF FACT

1. The Complainant, OTIS PAYTON, timely filed verified complaint, CP# 03-87-15960 with the Iowa Civil Rights Commission on March 23, 1987, alleging a violation of Iowa Code section 601A.8, discrimination in housing on the basis of race, by Respondent Fishercrest Apartments.

2. The complaint was investigated, probable cause found, conciliation attempted but faded. Notice of Hearing was issued on December 251, 1987.

3. Harold Slagle and his wife, 6723 Northwest Boulevard, Davenport, Iowa, owned the Fishercrest-Yorktown-Georgetown apartment complex located at 3535 Main Street, Davenport, Iowa. The complex held 76 units. They employed Walter Tyler to manage the units with the authority to advertise for potential tenants, show units to potential tenants, decide to whom to rent, and to execute leases.

The Fishercrest apartment building has 28 units with the average tenant age over 60. Both Otis Payton and his wife Mary Payton fit in that age category.

4. Walter Tyler, the resident manager for Slagles for about three years, ran a continuous ad in the paper and kept a vacancy sign on the grounds. George Anglund was the building manager and covered for Tyler when he was absent but did not have rental authority.

5. The Paytons are a black couple who have been married for 35 years. In February 1987, they were looking for a quieter place to live. Otis Payton noticed the vacancy sign at Fishercrest. noted the number to call and talked with his wife about renting an apartment there. Mary asked her daughter, Eva Saxton, to call the number for her. Saxton called Tyler and was told the apartment was available. Otis went to see the apartment and was shown the apartment, D5, 3535 Main Street, by George Anglund. Otis then asked if he could bring his wife back to look at it and was told he could. Otis and Mary then went back to look at it that afternoon. They asked to whom they should pay the security deposit and were told they would have to get the lease from and pay the deposit to Tyler. When they called Tyler, they were told that he had accepted a security deposit from a Chinese couple and would hold the apartment for that couple until Sunday. On Sunday, Mary called Tyler to see if the Chinese couple had taken the apartment. Tyler said he would give that couple until Monday. When the Paytons checked with Tyler on Monday, they were told the apartment had been rented. At this time, Saxton called Tyler again and was told that he did have an apartment available. Suspecting they were being excluded because they are black, they contacted their daughter-in-law, Vicky Haynes, who is white. Vicky, on February 24, 1987, called Tyler and was told there was a 2-bedroom apartment available. The next day, Vicky went to see the apartment, D5, informing Tyler that she wanted it for her in-laws. He accepted her $50.00 deposit (Complainant's Exhibit 5). On February 25, 1987, she returned and paid the remaining $150.00 on the deposit and $319.00, for the first month's rent. She was also given receipts (Complainant's Exhibits 5 and 6) and two copies of the signed lease. The Paytons moved in on March 4, 1987.

6. The Payton experienced a lot of stress over this situation. They not only filed this complaint with the Commission, but contacted the NAACP for advice as to whether or not to move into the apartment. They were fearful and Mary had reoccurring migraine headaches and difficulty sleeping. Otis was recovering from a heart attack. He recalled with fear an incident ten years earlier where his brother and his brother's three kids were killed by the Klu Klux Klan. He felt "bad" about being turned down for the apartment winch was readily rented to Ins white daughter-in-law.

7. Subsequent to moving in to the apartment, there have been no racial incidents and the Paytons have had no problems with the apartment.

8. Tyler, with about six years of property management experience, testified that he had accepted a cash deposit from an oriental couple just before he went to Iowa City for a day; that he did not take their name, address or phone number, that he did not give them a receipt. This was the couple for whom he said he was holding the vacant apartment. When the Paytons called and he said he was holding the apartment for this oriental couple, he took the Payton's phone number and said he would call them if the couple didn't show up. When Vicky came by with the deposit, he readily rented to her even though he said he was still holding the deposit of the oriental couple. He did not call the Paytons because he said he lost their phone number. Neither did he look up their number in the phone book. He sad this unidentified oriental couple came back later and he returned their deposit.

9. The number of minorities in the apartment complex was alleged to have been increased under the management of Tyler. Respondent submitted six Affidavits of tenants who were minorities in their apartment complex. (Respondent's Exhibits A-F) It is noted that all but one were there prior to Tyler and the one who wasn't appears to have moved in after the filing of this complaint.

10. Tyler admits seeing the Paytons at least twice. He knew they were a black couple.