In a case that almost
did not have enough evidence to file, a victim of housing discrimination
was recently awarded $15,000 because of the statement of a stranger.
During the fall of
2001, Yolanda*, a single African American woman, found an ad in the
Buffalo News Home Finder for a two-bedroom apartment that was close to
her job. Yolanda called and spoke with Jim, the owner of the apartment,
about scheduling an appointment to view it. Jim told Yolanda the
address of the apartment and that his daughter Eve would be there
showing it to other applicants that very day.
When Yolanda arrived
at the apartment, she was met by two women: Eve, the owner’s daughter
and Sara, the tenant who soon was to move out of the apartment. Eve
answered the door and rudely asked Yolanda what she wanted. Yolanda
explained that she had spoken to Jim and that he had told her she could
see the apartment. Sara was surprised with Eve’s attitude and stepped
forward to take Yolanda on a tour of the apartment while Eve silently
followed them around. At the end of the tour, Yolanda told Sara that
she really liked the apartment, and asked what the application process
was. It was then that Eve spoke to tell Yolanda that she would need to
call her father for that information. Yolanda thanked both women and
left the apartment.
After Yolanda left,
Sara commented to Eve that Yolanda seemed like a really nice person and
appeared to be very interested in the apartment. Eve replied that her
father really needed to “…do a better job screening people on the phone”
and that although Yolanda seemed nice, that didn’t mean her boyfriend
and friends were nice. She went on to say that she had made the mistake
of renting to “them” before and that it had always been a disaster.
The next day, Yolanda
called Jim, and told him she was interested in the apartment and asked
him about the rental process. Jim told Yolanda that others were
interested and that he was still taking applications, and checking
references. Jim also mentioned that Sara’s lease would not expire until
the next spring but that he would send her an application to fill out.
After a few days
Yolanda called Jim and told him she had not received the application.
Jim apologized and admitted that he hadn’t gotten around to sending the
application. He told Yolanda that he would send it out that day.
Yolanda still had not given up her search for an apartment and a few
days later, while on her way to view another apartment she decided to
stop and talk to Sara. Yolanda was going to ask Sara if she would
consider sub-letting the apartment to her so she wouldn’t have to worry
about breaking her lease.
Sara was surprised to
see Yolanda and asked her why she had not followed up on the apartment
Yolanda told Sara that she had spoken to the owner twice since viewing
the apartment and was waiting for him to send her an application. Sara
told Yolanda that the apartment had already been rented to a white
couple who did not have to fill out an application or submit to a
reference check. She also said that she thought Eve had discriminated
against Yolanda because she was black. Sara told Yolanda what Eve had
said about her father screening his tenants better, and about how she
was not going into another situation like that.
Yolanda was
very hurt and disgusted at the way she had been mistreated and lied to.
She went home and discussed the situation with her family who encouraged
her to call HOME and file a claim of discrimination against Eve and Jim.
HOME
explained to Yolanda her rights under fair housing law. Yolanda then
submitted a written statement and authorized HOME to investigate the case
on her behalf. HOME’s fair housing specialist was able to get in touch
with Sara before she moved out of the apartment and Sara agreed to be a
witness for Yolanda. Sara also submitted a statement about the things
that happened in the apartment that day as well as the conversation she
had with Eve concerning Jim screening tenants.
The case was filed in
federal court and HOME’s cooperating attorney, Anna Marie Richmond,
represented Yolanda. The case was settled before trial and was heard by
Magistrate Judge Leslie G. Foschio. The consent order called for Eve and
Jim to offer a face to face apology to Yolanda, agree not to discriminate,
attend fair housing training, use the equal opportunity logo or phrase on
all promotional materials, and several other things. Eve also agreed to
attend sensitivity training, and Yolanda was awarded $15,000 for the
discrimination that she faced.
Sara’s statement was
what was needed to strengthen what could have been a weak case. Although
there may have been an occasion when she had second thoughts, she was
still able to do the just thing. Because of the kindness of a stranger,
Eve and Jim were taught just how costly prejudice could be.
*All names have been
changed. |