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Kansas Human Rights Commission v. Dale12/4/1998
cie case of racial discrimination in housing, Townsend was required to show: (1) she is a member of a protected class, (2) she applied for and was qualified to rent the housing at issue, (3) she was denied the opportunity to rent the property, and (4) the subject property remained available or was subsequently rented to a person not a member of the protected class. Secretary, HUD on Behalf of Herron v. Blackwell, 908 F.2d 864, 870-71 (11th Cir. 1990).
Dale does not argue that the KHRC did not establish a prima facie case. He refers to the scope of review under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq., and lists grounds for relief without suggesting which of the eight grounds might apply here. He concludes that his reasons for not renting the two bedroom apartment to Townsend were legitimate. For authority, Dale cites an early federal Fair Housing Act case for the proposition that the complainant must prove that race was a factor in the discrimination in order to prevail in a racial discrimination in housing case. See Smith v. Sol D. Adler Realty Company, 436 F.2d 344 (7th Cir. 1971) (remanding with directions to the trial court to order the landlord to tender a lease on a comparable apartment and award up to $1,000, the statutory maximum, to compensate the tenant for mental anguish and violation of her civil rights). The fact pattern in the Smith case is almost identical to the instant case. Rather than lending support to Dale's position, it supports the decisions below.
The KHRC established that (1) Townsend, an African-American, is a member of a protected class, (2) she sought to rent and was qualified to rent the two bedroom apartment, (3) she was denied rental of the apartment, and (4) the apartment was subsequently rented to a white family of four. The prima facie case is essentially undisputed except for the element of qualification. Dale appears to argue Townsend was not qualified because he did not allow tenants to move from one of his apartments to another and because of problems with supervision of the grandson. There was evidence that Dale had allowed another tenant to move his father into his current apartment and rent another unit for himself, which was precisely Townsend's proposal. Dale had not complained of problems with the grandson prior to refusing to rent the two bedroom apartment to Townsend. There was sufficient competent evidence to conclude that the KHRC had proved a prima facie case of racial discrimination in housing.
Dale's next argument is that the district court erred in adopting the ALJ's finding that he failed to articulate a legitimate, nondiscriminatory reason for his actions. In support thereof, Dale points to inconsistencies in Townsend's testimony. The ALJ found that of all the reasons Dale offered for not renting the two bedroom apartment to Townsend, the problems with the grandson, taken in the light most favorable to Dale, would be a legitimate nondiscriminatory reason. However, the ALJ found that Dale's reasons were pretextual. Because the district court's findings are supported by sufficient competent evidence, they will not be disturbed on appeal.
Dale next contends, for the first time, that K.S.A. 44-1019(i), the provision authorizing the KHRC to award damages for pain, suffering, and humiliation, is an unconstitutional denial of due process. He argues that an award for emotional damages in the absence of physical injury is in essence punitive and that he should be entitled to trial by a jury. Dale's only support for this argument, Woods I, 231 Kan. at 776, has been legislatively overruled. See L. 1984, ch. 186, ยง 2, now K.S.A. 44-1019(i). While the constitutionality
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