May v. Colorado Civil Rights Commission2/14/2002
ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Metzger and Kapelke, JJ., concur
Respondent, Earl May (landlord), appeals the order of the Colorado Civil Rights Commission (Commission) affirming a decision of the Administrative Law Judge (ALJ) that concluded landlord's refusal to rent an apartment to complainant, Amy L. Earnest (tenant), was an unfair housing practice in violation of § 24-34-502(1)(a), C.R.S. 2001. We affirm in part, reverse in part, and remand for further proceedings.
The tenant is a white female married to an African-American man with whom she had a child. In July 1998, the tenant responded to an advertisement for an apartment and was shown the available unit by the landlord's property manager. The property manager told her the landlord did not want children living in the apartment. However, after the tenant and the landlord spoke on the telephone, the landlord agreed to rent the apartment to her. Shortly thereafter, the landlord and the tenant signed a rental agreement, and the tenant gave him a postdated check as a deposit.
The next day, the tenant returned to the apartment and spoke to the property manager. When the tenant told the property manager her husband was African-American, the property manager advised the tenant to tell the landlord about her husband's race. The tenant did so by telephone, and two days later, the landlord left a message on her answering machine retracting his offer to rent the apartment to the tenant. The tenant later spoke to the landlord on the telephone, at which time he claimed his reason for not renting to her was because her check for the deposit was unsupported by sufficient funds. The record discloses no other evidence regarding the validity of her check.
On August 11, 1998, the tenant filed charges of housing discrimination with the Commission, alleging that the landlord had violated the Colorado Fair Housing Act (CFHA), § 24-34-501, et seq., C.R.S. 2001, by refusing to rent the apartment to her based on her familial status and her husband's race.
In March 1999, the Colorado Attorney General, who represented the tenant's interest throughout the proceedings, moved for an extension of ninety days to August 6, 1999, to serve the written notice of hearing and formal complaint on the landlord under § 24-34-306(11), C.R.S. 2001 (requiring that written notice that a formal hearing will be held on the charge be served within 270 days of the filing of the charge). The reason given for the extension was "to ensure completion of the administrative process." On April 7, 1999, the extension was granted.
On August 3, 1999, a notice of hearing and formal complaint was served on the landlord. A hearing was set for November 29, 1999, which was 118 days after service was made on the landlord and two days before the Commission's jurisdiction would terminate in this case under § 24-34-306(4), C.R.S. 2001 (requiring that hearing shall be commenced within 120 days after the service of written notice and complaint). The landlord did not answer the complaint.
On September 28, 1999, the tenant's counsel filed a motion "for leave to Commence and Continue Hearing," asserting that the tenant was scheduled to give birth during the week of November 29, 1999, and that she was the primary witness. Over the landlord's objection, a commissioner continued the hearing to January 4, 2000.
On November 29, the ALJ heard the opening statement of tenant's counsel. The ALJ also questioned counsel regarding the charges against the landlord and then continued the proceedings until January 4, 2000. At the January 2000 hearing, the tenant and her husband t
Page 1 2 3 4 5 6 7 8 Colorado Employee Leasing Services
Employee Leasing Services
|