NORTH CAROLINA___IN THE OFFICE OF ADMINISTRATIVE …



STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF WAKE 08 HRC 1166

_____________________________________________________________________________

NORTH CAROLINA )

HUMAN RELATIONS COMMISSION )

on behalf of )

BOBBY JOHNSON and )

CORA CURRIE )

Petitioners, ) DECISION

)

v. )

)

HUBERT GORE and ESTER GORE )

Respondents )

______________________________________________________________________________

This matter was heard before the Honorable Donald W. Overby, Administrative Law Judge, on February 13, 2009 in Fayetteville, North Carolina on Petitioner’s Complaint of discrimination based on race pursuant to N.C.G.S. § 41A-1 et seq. Having considered the admissible evidence of record, the testimony of the witnesses, and arguments of counsel, the undersigned makes the following findings of fact and conclusions of law:

EXHIBITS

Petitioner entered Exhibits 1 – 6 into evidence.

ISSUE

Did Respondents violate N.C. Gen Stat. § 41A-1 et. seq. by discriminating against Petitioners because of race in refusing to rent property to Petitioners?

FINDINGS OF FACT

1. The Office of Administrative Hearings has both subject matter and personal jurisdiction of the matters alleged herein. All parties have been properly noticed for the hearing of this matter and there is no question of nonjoinder or misjoinder.

2. Petitioner, on behalf of Bobby Johnson and Cora Currie (hereafter “Complainants”), filed a complaint against the Respondents alleging that Respondents had violated the NC Fair Housing Act, N.C.G.S. § 41A-1 et seq., on the basis of race.

3. Petitioner presented evidence of the following: Cora Currie, who is Black, is Bobby Johnson’s grandmother-in-law. Mr. Johnson is Native American. His wife, Angela, is also Black. Ms. Cora Currie is a member of a protected class within the meaning of N.C. Gen Stat § 41A-4(a) based upon her race. Mr. Johnson has derivative standing because of his relationship to Ms. Currie.

4. At all relevant times, Mr. and Mrs. Johnson and Ms. Currie lived at 926 Sibley Road, Lumberton, NC 28358. In or about December 2005 or January 2006, Mr. Johnson saw Hubert Gore in the yard of 963 Sibley Road, Lumberton, across the street from Mr. Johnson’s house. Mr. Gore and his wife, Ester Gore, are White, and own the house at 963 Sibley Road, Lumberton, NC 28358 (hereafter, the “subject property”), but reside at 515 E. 9th Street, Lumberton, NC 28358. Mr. Johnson walked over and told Mr. Gore that he would like to rent the subject property for his wife’s grandmother to live in. Mr. Gore gave Mr. Johnson the keys so he could inspect the subject property. There was even discussion between Mr. Johnson and Mr. Gore about the amount of rent and possible repairs Mr. Johnson could make on the property.

5. After inspecting the property, Mr. Johnson decided what repairs would be necessary, and returned the keys to Mr. Gore about four days after receiving them. Ms. Johnson and Ms. Currie accompanied him to the Gore’s home, but did not get out of the car. This was the first time either of the Gores had seen Ms. Johnson or Ms. Currie. A few days later, Mr. Gore told Mr. Johnson he was not going to rent the house to anyone, but was going to make it into a clubhouse for his grandson.

6. In December 2005 or early January 2006, the Gores rented the property to a White blacksmith for approximately one month. In February 2006, the Gores rented the subject property to Kenneth Hunt, a Native American. They did not let the Complainants know that they had decided to rent the property after all, or give them a chance to rent it. They subsequently rented the subject property to a White couple, again without offering it to the Complainants.

7. Respondents received legal and actual notice of the Complaint and that it would be heard by the Office of Administrative Hearings (OAH), but did not file a Prehearing Statement or other written answer to the allegations.

8. The OAH held a hearing on the Complaint on February 13, 2009, at 10:00am, in Courtroom 3 at the Old Cumberland County Courthouse, 130 Gillespie Street, Fayetteville, NC, Donald W. Overby, Administrative Law Judge (ALJ) presiding. Respondents received legal and actual notice of the time, date, and location of the hearing. Respondents did not attend the hearing. Judge Overby called the hearing to order at 10:35 am.

9. Petitioner offered evidence of the following damages incurred by the Complainants: Moving and storage expenses of $3,500.00; additional rent of $4,400.00 over 34 months; and pain, suffering, and humiliation of $5,000.00 for each Complainant.

10. Respondents having failed to answer or appear, Petitioner’s evidence was unrebutted. Petitioner moved for entry of default.

CONCLUCIONS OF LAW

1. The Office of Administrative Hearings has both subject matter and personal jurisdiction of the matters alleged herein. All parties have been properly noticed for the hearing of this matter and there is no question of nonjoinder or misjoinder.

2. Petitioner’s motion for default was granted.

3. Petitioner established that Respondents violated the provisions of N.C.G.S. § 41A-1 et seq., the NC Fair Housing Act.

4. Petitioner established that Respondents refused to rent the subject property to Complainants, and that the proximate cause of the refusal was Complainant Currie’s race.

5. Petitioner established compensatory damages to Complainant Cora Currie of Four Thousand, Four Hundred Dollars ($4,400.00) in increased rental payments.

6. Complainants should be awarded Five Thousand Dollars ($5.000.00) for their pain, suffering, and humiliation, to be divided equally between them.

DECISION

Based on the foregoing findings of fact and conclusions of law, Petitioner has established that Respondents violated the North Carolina Fair Housing Act, N.C,G,S, § 41A-1 et seq., and that Respondents’ actions were the proximate cause of Petitioner’s claims of discrimination. Further, Petitioner has established that Complainant Cora Currie incurred additional rent of $4,400.00 because of Respondents’ actions; and Complainants Cora Currie and Bobby Johnson should be compensated $5,000.00 for their pain, suffering, and humiliation caused by Respondents’ actions.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with N.C.G.S. § 150B-36(b).

NOTICE

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions to this recommended decision and to present written arguments to those in the agency who will make the final decision. N.C.G.S. § 150B-36(a).

The agency is required by N.C.G.S. § 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the parties’ attorney of record and to the Office of Administrative Hearings.

The agency that will make the final decision in this contested case is the North Carolina Human Relations Commission.

This the 16th day of March, 2009.

______________________________

Donald W. Overby

Administrative Law Judge

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