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Kansas Human Rights Commission v. Dale12/4/1998
Appeal from Reno District Court; RICHARD J. ROME, Judge. Opinion filed December 4, 1998. Affirmed in part and reversed in part.
Ira Dale appeals from a Kansas Human Rights Commission (KHRC) finding, affirmed by the district court, that he discriminated against a rental housing tenant because of her race, which is in violation of the Kansas Act Against Discrimination (KAAD), K.S.A. 44-1001 et seq.
Norma Townsend, a single African-American female, filed a complaint with the KHRC on February 2, 1993, alleging that Dale, a white male, discriminated against her by denying her a particular apartment because of her race. Dale owns numerous apartments which he rents primarily to low income tenants. They are furnished and he pays all of the utilities. He and his wife live in one of the apartment units. Townsend had rented an apartment from Dale on a previous occasion which she had voluntarily vacated and left clean and undamaged. In September 1991, she again leased a one-bedroom apartment from Dale. During the summer of 1992, Townsend's daughter and two grandchildren began staying at her apartment. Dale raised Townsend's rent by $20 per month to cover the increased utilities expense of having additional people in the apartment. Although Dale stated that this was his policy, a white family of four was not charged the additional rent until after Townsend filed her complaint.
Townsend attempted to rent a larger two bedroom apartment from Dale; however, Dale refused to rent it to her for the following reasons: (1) He was converting the apartment to a one bedroom, as he had been gradually doing with all his apartments, and her family included too many people for a one bedroom apartment, (2) she had never asked to rent it as a one bedroom apartment, (3) he did not allow current tenants to move to different units, and (4) Townsend's grandchildren had caused problems in the complex. Townsend, who had received a workers compensation settlement, claims she offered to prepay rent on both the two bedroom apartment and the one bedroom apartment for a period of 6 months.
Dale denies that Townsend ever made that offer. Townsend's brother subsequently attempted to rent the two bedroom apartment for himself, his wife, and his son but was refused. Dale subsequently rented the apartment to a white couple with two children.
A public hearing on Townsend's KHRC complaint was set for August 25 and 26, 1994. On August 23, the KHRC staff attorney contacted the Office of Hearing Examiner by telephone to request cancellation of the hearing, alleging ultimately that it was not necessary because of a proposed settlement agreement. Dale refused to sign the settlement agreement, and on November 9, the KHRC filed a letter requesting that the hearing be rescheduled. Dale objected and filed a motion to dismiss, which the administrative law Judge (ALJ) denied.
After an evidentiary hearing, the ALJ found that Dale had illegally discriminated against Townsend and granted Townsend $7,500 in actual damages and assessed a civil penalty of $10,000. The ALJ's order was adopted by the KHRC. Dale's request for reconsideration was denied. The KHRC sought judicial enforcement of the agency action, and Dale petitioned for review. Following a de novo review of the record, the district court adopted the findings of fact and Conclusions of law of the ALJ and the KHRC.
The district court's review of a KHRC decision is de novo on the record. The district court reviews the administrative record and has discretion to hear additional evidence. The district court then makes its own findings of fact and Conclusions of law but is limited to the issues raised below and in the petition for r
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