6. That on September 7, 1971, at 1:50 p.m., Mr. John T. Woltjen
visited the multi-unit apartment building located at 3720-28
North Pine Grove, Chicago, Illinois, and was there and then told
of the availability of two apartments, one on the second floor
and one on the third floor of said building. Mr. John T. Woltjen
then made an application for the third floor apartment and placed
a deposit upon that apartment, at which time Mr. John T. Woltjen
observed a "For Rent" sign in the apartment of Defendant Istvan
Harangi, advertising the availability of a basement apartment in
the aforementioned building.
7. That on September 7, 1971, at 2:10 p.m. fifteen minutes
after the events described in Paragraph 6 above the Plaintiff,
Howard Martin entered the office of John C. Bowers d/b/a John C.
Bowers Company and asked Marie Folta, a receptionist employed in
that office, and Marvin Miller if there were any apartments for
rent in the building located at 3720-28 North Pine Grove,
Chicago, Illinois; Plaintiff Howard Martin was told that there
were no apartments available.
8. There was some confusion because Defendant Istvan Harangi
does not speak and understand English very well and the Court
cannot and does not find that he discriminated against Plaintiff
9. The evidence does not reveal that Defendant John C. Bowers
d/b/a John C. Bowers Company had any actual knowledge of any
discrimination against the Plaintiff, but only his agents. The
Court cannot and does not find him guilty of any wilful
discrimination against the Plaintiff on account of the acts of
his agents. On the contrary, he has caused an apartment to be
leased to the Plaintiff Howard Martin. The Plaintiff did not
prove any substantial damages that he suffered other than
obligations for costs and reasonable attorney's fees which the
Court finds to be $300.00. He testified that he felt bad about
being turned down but his feelings were not greatly injured when
he is willing to rent through Defendant John C. Bowers d/b/a John
C. Bowers Company. Plaintiff's damages were de minimus and
nominal at most. The Court finds such damages to be $100.00.
CONCLUSIONS OF LAW
1. That this action is properly brought pursuant to 42 U.S.C. § 1982,
and 42 U.S.C. § 3604, and 42 U.S.C. § 3612.
2. That the Court properly has jurisdiction, pursuant to
28 U.S.C. § 1343 (3), (4) and § 2201, and 42 U.S.C. § 3612.
3. That the experiences of John T. Woltjen established a
standard as to the "same right * * * as is enjoyed by white
citizens * * * to * * * lease * * * real * * * property" pursuant
to 42 U.S.C. § 1982.
4. That on September 7, 1971, Marvin Miller told the Plaintiff
Howard Martin that no apartments were available for rental or
lease in the multi-unit apartment building located at 3720-28
North Pine Grove, Chicago, Illinois, when in fact Marvin Miller,
as agent of John C. Bowers d/b/a John C. Bowers Company, knew of
no less than two (2) such apartments which were in fact
available, to-wit, the second floor apartment and the basement
apartment in the aforementioned building; which conduct
constituted discrimination on the basis of race toward Howard
Martin in that he was denied the same right as is enjoyed by
white citizens to lease real property and in that Howard Martin
was refused the right to rent after making a bona fide offer on
the basis of his race.
5. The Defendant John C. Bowers d/b/a John C. Bowers Company is
liable for the acts of his agents who did in fact discriminate
against the Plaintiff.
6. There is no showing of wilfullness or malice that warrants
the Court in entering any Injunction against the Defendant, John
C. Bowers d/b/a John C. Bowers Company.
7. The Plaintiff is entitled to a judgment for $100.00 and for
$300.00 attorney's fees and costs.
These Findings of Fact and Conclusions of Law will stand as the
Court's Findings and Conclusions to satisfy the requirements of
Rule 52 of the Federal Rules of Civil Procedure.
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