Jancik v. Department Of Housing And Urban Development

44 F.3d 553 (1995)

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Nature of the Case

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Facts

Jancik (P) owned an apartment building. He placed an ad in the local paper to rent one of the apartments. The ad included the phrase 'mature person preferred.' Suspecting that this request might reflect a violation of the Fair Housing Act, the Leadership Council for Metropolitan Open Communities decided to test the property for a violation. Two volunteers, one black and one white, called P on the same day to inquire about the apartment. P asked both of them their age and their race. In response to questioning by both volunteers, P said expressed his desire to screen out people who had children. Both volunteers went to the building the next day and were informed by the rental manager that the apartment had been rented to someone else. Based on reports filed by the volunteers, the Leadership Council filed an administrative complaint against P with HUD, claiming that his ad violated the Fair Housing Act by indicating a preference based on family status and that his interviews with the volunteers evidenced a preference on the basis of both race and family status. After a hearing, the ALJ issued an Initial Decision and Order finding that P had violated the Fair Housing Act, awarded damages, and assessed a civil penalty. The ALJ also awarded attorney fees to the Leadership Council. P seeks judicial review of the ALJ's decision.