The opinion of the court was delivered by: Perry, District Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This cause coming on to be heard upon the Complaint of Howard
Martin, and the oral Answer of the Defendants John C. Bowers
d/b/a John C. Bowers Company and Istvan Harangi, in a
Consolidated Hearing held pursuant to Rule 65(a)(2) of the
Federal Rules of Civil Procedure, and the Court having heard the
testimony of various witnesses duly sworn and examined in open
court, and other evidence offered by the parties in support of
their Complaint and Answers respectively, and the Court having
considered all the evidence offered and being fully advised in
FINDS THE FACTS TO BE AS FOLLOWS:
1. That the plaintiff, Howard Martin, is and was at all times
relevant hereto a Negro citizen of the United States of America,
who resides in Chicago, Illinois, and who has been seeking to
rent a residential apartment.
2. That the Defendant John C. Bowers d/b/a John C. Bowers
Company is real estate agent and rental agent for a multi-unit
residential apartment building located at 3720-28 North Pine
Grove, Chicago, Illinois, and may take rental applications for
the aforementioned building, the business office of said
Defendant, being located at 4628 North Broadway, Chicago,
3. That Istvan Harangi is an on site janitor-rental agent for
the multi-unit residential apartment building located at 3720-28
North Pine Grove, Chicago, Illinois, and is an employee-agent of
Defendant John C. Bowers d/b/a John C. Bowers Company, and may
take rental applications for the aforementioned building.
4. That Marvin Miller is an employee of Defendant John C.
Bowers d/b/a John C. Bowers Company in charge of the multi-unit
apartment building located at 3720-28 North Pine Grove, Chicago,
Illinois, and among his duties was the recording and maintenance
of apartment availability records for the aforementioned
building. In the course of his employment, Marvin Miller had
actual knowledge that a basement apartment was available for
rental in the aforementioned building, at least sixty (60) days
prior to October 1, 1971.
5. That Mr. John T. Woltjen is employed as a full-time
investigator of housing discrimination claims, by the Leadership
Council for Metropolitan Open Communities, an organization
seeking to eliminate discrimination in housing in the Chicago
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.
1. That this action is properly brought pursuant to 42 U.S.C. § 1982,
and 42 U.S.C. § 3604, ...