| TRENTON
-- Attorney General Zulima V. Farber and
the Division on Civil Rights announced today
that New Jersey has issued a Finding of
Probable Cause against the owner of a Bergen
County apartment complex for allegedly denying
an African-American parent and her children
rental housing in violation of the state
Law Against Discrimination (LAD).
Named as Respondents in the Finding of Probable
Cause document are Kaywest Realty, owner
of the apartment at issue on Westwood Avenue
in Westwood, and the company’s managing
partner, Michael Katz. Kaywest and Katz
are accused of discriminating against prospective
tenant Rose Small by denying her an apartment
on the basis of her race, and because Small
intended to occupy the dwelling with her
children, ages 10 and 15.
A Finding of Probable Cause does not represent
final adjudication of a Division on Civil
Rights complaint. It is a determination,
based on investigation by the Division,
that sufficient evidence exists to support
a reasonable suspicion the LAD has been
violated, and that the matter should proceed
to a hearing.
“Although
this matter has not yet been concluded,
the results of the State’s investigation
to date are troubling, because they indicate
that a person who wanted nothing more than
to raise her children in safe, clean, affordable
housing was denied on the basis of prejudice,”
said Attorney General Farber. “We
take seriously our role as protector of
the rights guaranteed every individual under
the law, and it is our commitment to investigate
and civilly prosecute anyone who abuses
those rights.”
According to the State’s investigation,
Katz accepted a $2,500 security deposit
from Small on September 3, 2005. It is undisputed
that Katz returned the money three days
later, advising Small that he did not wish
to rent the apartment to her after all.
In the interim between Small’s payment
of a security deposit and the return of
her money by Katz, Small had arrived to
clean the Westwood apartment accompanied
by a white male friend, as well as her brother,
her daughter and her daughter’s friend.
Allegedly, a superintendent employed by
Kaywest approached Small’s male friend
during the visit and inquired, among other
things, as to whether Small was a welfare
recipient. He also opined that Small’s
children were likely to be excessively noisy
tenants, the male friend told Division investigators.
Katz contacted Small the next day and advised
her that he was declining to rent her the
apartment. A summary accompanying the Division’s
Finding of Probable Cause includes an acknowledgment
by Katz that he had spoken by then with
the superintendent, and that the superintendent
had shared with him his misgivings about
Small. However, Katz denied engaging in
unlawful discrimination, and maintained
that Small was not approved as a tenant
because her references could not be contacted.
As part of its investigation, the Division
contacted two of Small’s references
and learned that one of them claimed to
have spoken directly with Katz. The reference
told investigators he believed Katz was
calling about an employment reference, and
said he had assured Katz that Small was
of “good character.” A second
reference confirmed that the number Small
had given Katz was an accurate number for
her cell phone, which features a voice mail
option, but that she had never received
a call from Katz.
“Unfortunately,
the information we have developed is sufficient
to support a reasonable suspicion that housing
discrimination took place here,” said
Division on Civil Rights Director J. Frank
Vespa-Papaleo. “While the management
continues to assert that they were unable
to contact any of Mrs. Small’s references,
our investigators had no problem reaching
two of them. It is also worth noting that,
ultimately, a childless couple moved into
the apartment sought by Mrs. Small and that,
among the other 12 tenants renting at the
same site, none has children, and only one
is African-American.”
According to Vespa-Papaleo, now that the
Division has issued a Finding of Probable
Cause, the case will be referred for a process
known as Conciliation. If Conciliation is
not successful, the matter will be referred
to an Administrative Law Judge for a hearing
on the merits, which is a non-jury trial.
The ALJ will then issue a written Initial
Decision. The New Jersey Law Against Discrimination
(LAD) provides that each Respondent found
to have committed a violation is subject
to a penalty of up to $10,000, provided
he or she has not been convicted of a previous
violation within the past five years. Respondents
who have violated the LAD within the past
five years are subject to a penalty of up
to $25,000, while those who have been convicted
of two or more violations within the past
seven years are subject to a penalty of
up to $50,000. The Division on Civil Rights
is responsible for enforcing the LAD. Specifically,
the Division investigates allegations of
discrimination in employment, housing, places
of public accommodation and credit. The
Division on Civil Rights has offices in
Atlantic City, Camden, Jersey City, Newark,
Trenton and Paterson. Further information
is available on the Division Web site at
www.NJCivilrights.org
to file a formal complaint, persons may
call the Division’s Housing Discrimination
Hotline toll-free at 1-866-405-3050.
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