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AN EXPENSIVE PREJUDICE

By DeAnna Eason

 

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.

 
 
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