NEW LAW IN EFFECT
Effective October 1, 1999, several changes will take place in North Dakota’s Human Rights Act. These changes were discussed in detail in the previous newsletter. Important to note is that effective October 1, complaints of housing discrimination may be filed with the North Dakota Department of Labor instead of HUD’s Denver office.
In addition, housing discrimination complaints based upon race, color, religion, gender, national origin, familial status, disability, marital status, and age must now be filed with the ND Department of Labor within one year of the date the alleged discriminatory act took place. Complaints on these classes may also be filed in State or Federal Court within two years of the date the alleged discriminatory act took place. A lone exception are complaints alleging discrimination based upon receipt of public assistance. These complaints may only be filed in State Court and must be filed within 180 days of the date of the alleged discriminatory act.
FORMER APARTMENT MANAGERS FILE SUIT AGAINST EMPLOYER
Former apartment managers, Matt and Michelle Spencer, have filed suit against their former employer, Daniel Conway, alleging housing discrimination along with other claims. The suit alleges they were wrongfully fired when they refused to comply with Conway’s instructions to discriminate when selecting new tenants for the Conway Selective Living Apartments, located in Lake Forest, California. Additionally, the suit claims that Michelle Spencer was hit in the jaw by Conway after the firing, a few days before the Spencer’s were to move from the complex.
The Spencer’s had become Conway’s managers in May of 1998. According to the complaint filed in the U.S. District Court of California, Conway became upset with the Spencer’s and began harassing them after they rented apartments to minority tenants. The suit alleges that in July of 1998, he sent them a letter in which he specifically ordered the Spencer’s to no longer rent to certain minority tenants. In the letter, Conway states his complex "will never have ‘AA’ tenants until my onsite managers stop accepting blacks and mexicans...No more blacks and no more mexicans are my instructions to you."
The Spencer’s not only refused to comply with these instructions, but also gave a copy of the letter to African-American tenants, who used the letter to fight an eviction action by Conway. The suit alleges that, subsequent to these events, Conway wrongfully fired the Spencer’s and gave them 30 days to move from the complex.
Expressing his view of Conway’s alleged bigotry, Matt Spencer stated that "what Mr. Conway did is completely wrong. The people he wanted to not to rent to or to evict were good people who were qualified and had every right to live in one of his apartments." Michelle Spencer added that Conway "had no right to ask us to discriminate against people, or to harass and attack us when we chose to follow the law and treat everyone equally."
The apartment complex that is at the center of the suit is owned by the Conway Family Trust of which Daniel Conway is the Trustee. After certain tenants of the complex sought the assistance of the Fair Housing Council of Orange County, the agency began working with the Spencer’s. The Council was already assisting the Spencer’s at the time of the alleged attack on Michelle Spencer. Commenting on the case, Elizabeth Martin, an attorney and the agency’s Director of Litigation, stated that "we couldn’t believe that we actually had a statement in the form of a letter written by the landlord stating his discriminatory intent. We’ve hardly ever had such direct evidence in all of the many cases our office had handled. Mr. Conway will come to realize not only is it wrong to discriminate, but that it can be very expensive."
The Spencer’s have also retained the Pasadena, CA law firm of Traber, Voorhees & Olguin as legal co-counsel along with Ms. Martin.
At its core, the suit is based on the federal Fair Housing Act. The Act protects individuals based on race, color, religion, gender, national origin, disability and familial status.
The NDFHC held fair housing workshops in Williston, Dickinson and Bismarck in the previous quarter. These workshops dealt with the many aspects of the fair housing laws. A lending seminar was also held which focused on discriminatory lending and CRA compliance.
A fair housing workshop is also scheduled for October 20th in Fargo, ND.
The NDFHC also held presentations on fair housing issues at the North Dakota Newspapers Association Annual Meeting as well as the regional meeting of the North Dakota Homeless Coalition in the last quarter.
NDFHC FILES FAIR HOUSING COMPLAINT AGAINST FARGO HOUSING PROVIDER
In August, 1999, the North Dakota Fair Housing Council (NDFHC) and a Fargo couple filed a state lawsuit against David and Mary Peterson, Fargo property owners, charging discriminatory housing practices.
Since 1995, the NDFHC had received four complaints of discrimination against the Peterson’s. On the basis of the complaints, the NDFHC conducted an investigation of the Peterson’s business operations. The Peterson’s own duplexes and single family homes throughout Fargo.
The investigation by the NDFHC confirmed the basis for the complaints. The complaint charges that the Peterson’s routinely deny rental housing to unmarried couples. The investigation found that when prospective tenants told the Peterson’s that they were not married, they were denied the opportunity to inspect or apply to rent the property. Prospective tenants were told that they (the Peterson’s) do not rent to people who are not married.
The North Dakota Century Code on Human Rights forbids discrimination based on race, color, gender, religion, national origin, disability, age, receipt of public assistance and marital status. This Century Code is commonly referred to as the North Dakota Human Rights Act and was passed in 1983.
Amy Schauer Nelson, Executive Director of the NDFHC stated, "North Dakota state law protects the rights of unmarried couples to find housing. It’s unfortunate that this type of discrimination is still continuing at the turn of another century."
The NDFHC and the individual plaintiffs are represented in the lawsuit by Ed Dyer, a Bismarck lawyer, and by Christopher Brancart, a lawyer from Pescadero, CA.
NDFHC FILES DISCRIMINATION COMPLAINT AGAINST MANAGER
In July, 1999, the NDFHC and one other complainant filed housing discrimination complaints with the U.S. Department of Housing & Urban Development (HUD) against Tim Shirk, manager of the Rolette County Housing Authority and the Dunseith Betterment Club.
The complaints allege discriminatory treatment due to national origin, presence of children, and gender, including sexual harassment. The NDFHC had received previous complaints against Mr. Shirk and an investigation was conducted. Based upon the investigation, the NDFHC concluded that discrimination was occurring.
Under federal and state fair housing laws, it is illegal to discriminate based upon national origin, the presence of children or gender.