Athens, CA
Ms. Selma James
Athens, CA
RE: CONFIDENTIAL SETTLEMENT COMMUNICATION FOR DENISE GARCIA
Dear Ms. James,
Our client, Denise Garcia, has given me the authority to make the following settlement offer to your client, Lisa Pope. As a communication for settlement purposes, this demand letter is confidential and is inadmissible in this proceeding or any other proceeding for any purpose. Fed. R. Evid. 408. We will await your response after you have consulted with your client and given this offer due consideration. Please contact our office with your response by April 4, at 5:00 p.m.
Facts
Ms. Garcia responded to a Craigslist ad for an apartment for rent by Ms. Pope at 2110 Hillsgate Avenue in Athens. When Ms. Garcia called, Ms. Pope informed her that her niece, Joanna Grimes who lives in the complex, will handle the rental and is in charge of the keys to show apartments. Ms. Pope gave Ms. Grimes the authority to show the apartment and handle the rental for her. Ms. Garcia contacted Ms. Grimes and was shown the apartment, liked it, and made an appointment with Ms. Garcia to view the apartment with her sons. Ms. Garcia has two sons who plan to live with her, Clifton age 17, and Connor age 22. Connor has Downs Syndrome.
When Ms. Garcia and her sons arrived for the appointment to view the apartment, Ms. Grimes asked them to come back later as she had another appointment. After contacting Ms. Pope, Ms. Garcia set another time to view the apartment with Ms. Grimes. After getting the key from Ms. Grimes and viewing the apartment, Ms. Garcia indicated she was interested in renting the apartment. Ms. Grimes informed her that there were other applicants already placed for the apartment. When Ms. Garcia asked Ms. Grimes for an application, Ms. Grimes indicated that she would mail one to her as she did not have any on hand. Afterwards, Ms. Garcia could not reach either Ms. Pope or Ms. Grimes.
Ms. Garcia seen that the ad for the same rental unit was still on Craigslist. She had a friend call about the apartment to ascertain whether her suspicion that she was refused rental due to her son’s disability. Her friend spoke to Ms. Pope, arranged a viewing with Ms. Grimes, and when she visited the apartment was given an application by Ms. Grimes. Ms. Garcia is certain that she was discriminated against for the rental of the apartment.
Law
Section 8, Civil Rights: Chapter 100. Housing Discrimination, section 103 makes it unlawful for a building owner directly or” through the actions of a managing agent” to refuse rent or discriminate in the privileges of a rental based on disability of an applicant or an applicant’s child. The Supreme Court affirmed a finding of discrimination in Tomes v. Yasen, 443 N.W.2d 246 (Sup. Cir. Ct. 2011) against the building owner and her agent. The building owner’s agent, the individual responsible for maintenance and showing of rental units, refused to rent an apartment to a gay couple in violation of the civil rights statute. The couple filed a complaint with the Athens Commission on Human Rights. Although the agent had indicated the apartment was not available, the Craigslist ad for the rental was still available, and the couple found out that the individuals who did rent the apartment did not view the apartment or place an application until after the couple viewed it.
In Tomes, the building owner admitted discrimination occurred, but claimed that the individual who discriminated was not an agent Tomes v. Yasen, 443 N.W.2d 246 (Sup. Cir. Ct. 2011). The court stated that an agency relationship is determined by the facts of the case and whether the individual had authority to act on behalf of the other. The agent in Tomes acted on the owner’s behalf as evidenced by giving her responsibility to show apartments, keep keys and decide on which application would be given for credit checks Tomes v. Yasen, 443 N.W.2d 246 (Sup. Cir. Ct. 2011). The agent had the ability to bind the building owner. Thus, although claiming she was not an agent, an agency relationship exists. The court stated that an owner’s duty to prevent discrimination is non-delegable. For reasons of equity, the court held that the owner must equally compensate the victim.
Application of Law
Ms. Pope admitted discrimination did occur, but that it was Ms. Grimes who discriminated. Ms. Pope claims Ms. Grimes was not acting as her agent, and thus she is not liable for the acts of Ms. Grimes. In the Tomes case, the agent of the building and the building owner were found liable for discrimination Tomes v. Yasen, 443 N.W.2d 246 (Sup. Cir. Ct. 2011). The agent in Tomes was found to have acted as the owner’s agent because she was given authority to show apartments, kept keys for apartments, and decided which applications would be given a credit check Tomes v. Yasen, 443 N.W.2d 246 (Sup. Cir. Ct. 2011). Ms. Grimes had duties exactly the same as the agent in Tomes. The Housing Commission, the district court and the supreme court found the owner and the agent liable for discrimination. The facts are similar in Tomes, and the Commission and the courts will find an agency relationship exists and both Pope and Grimes are liable for discrimination.
Demand
Denise Garcia offers a settlement to resolve this dispute for $62,000. Due to the unavailability of the apartment, Ms. Garcia was forced to rent and sign an annual lease at a higher rate in the sum of $12,000. Given the clear violation of the statute, a jury will likely award damages to Garcia, and thus Ms. Garcia asks for $50,000 in compensatory damages. In addition to the monetary damages, Ms. Garcia would like a full apology from Ms. Pope, and would like Ms. Pope to attend a Downs Syndrome education meeting.
Ms. Garcia makes this offer in the interest of fairness. This settlement will allow Ms. Garcia and her son to avoid facing a trial concerning discrimination, and permit them to move on with their lives.
We look forward to hearing from you by April 4 at 5:00 p.m. If we do not hear from you, Ms. Pope will file a complaint with the Athens Housing Commission regarding this issue.
Sincerely yours,
______________________________
