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TRENTON
-- Attorney General Stuart Rabner announced
today that the state Division on Civil Rights
has issued a Finding of Probable Cause against
a New Brunswick man accused of religion-based
housing discrimination for allegedly placing
Internet rental ads cautioning that his
rooming house was a "Christian household"
and using a lease that stated to potential
renters that if "you hate God do not
move in."
Named as a Respondent in the Finding of
Probable Cause document is Joseph Fabics
Jr. of New Brunswick. Fabics is accused
of placing room rental ads on two websites
frequented by students seeking housing,
including www.ruoffcampus.rutgers.edu and
www.rwjms.umdnj.edu
In both cases, the ads made plain that the
room available for rent was located in a
"Christian household." In addition,
Fabics is accused of including in his standard
lease agreement a clause that reads, "This
is a Christian household. If you hate God
do not move in."
A Finding of Probable Cause means the State
has finished its investigation, and has
determined there is sufficient evidence
to support a reasonable suspicion that the
actions of the Respondent violated the New
Jersey Law Against Discrimination (LAD).
The alleged discrimination by Fabics came
to the state’s attention in July 2006
after a man who had rented a room in Fabics’
six-bedroom boarding house on Howard Street
in New Brunswick filed a formal complaint
with the Division on Civil Rights (DCR).
"As the LAD makes clear – and
as every New Jersey landlord should know
-- all otherwise eligible persons have the
right to equal treatment in the pursuit
of safe and affordable housing, " said
DCR Director Frank Vespa-Papaleo.
Former tenant Carl Foster charged in his
complaint that he was forced to vacate the
room he rented from Fabics because of religion-based
harassment linked to his refusal to sign
a formal lease agreement. Foster, who told
state investigators he was Episcopalian,
said he nonetheless refused to sign a formal
lease agreement because it contained the
"Christian household" language,
and an admonition that, "If you hate
God, do not move in." Despite his objections,
Foster acknowledged having rented a room
in Fabics’ house for about a year
without a formal lease agreement.
Following an investigation, the DCR determined
that Foster’s individual claim of
religious discrimination by Fabics lacked
merit and issued a finding of No Probable
Cause with regard to Foster’s individual
allegations. Specifically, the Division
found that, despite refusing to sign the
"Christian household" lease agreement,
Foster rented a room at Fabics’ house
from May 2005 through May 2006. Foster was
only evicted after repeatedly failing to
comply with rules set down by Fabics for
all tenants, such as the sharing of housekeeping
chores.
While the state’s investigation failed
to find merit in Foster’s individual
discrimination complaint, it did result
in evidence that supported a Director’s
Complaint against Fabics filed by DCR Director
Vespa-Papaleo.
In that complaint, the Director charged
that Fabics’ standard lease agreement
violated the New Jersey Law Against Discrimination
(LAD) by containing discriminatory religious
clauses, and that Fabics violated the LAD
by placing his "Christian household"
rental ads on Internet websites.
"It
is illegal under the law to advertise real
estate – and to sell or rent real
estate -- in a way that discriminates against
people on the basis of creed, which includes
religious beliefs as well as those who are
agnostic or atheist," said Vespa-Papaleo.
Now that a Finding of Probable Cause has
been issued, the Fabics matter will be referred
for conciliation, a DCR process designed
to resolve cases without trial. If conciliation
fails, an Administrative Law Judge will
conduct a non-jury public trial, or hearing,
on the case.
Under the LAD, Respondents found to have
committed a violation are subject to a penalty
of up to $10,000, provided they have 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 has six offices:
Atlantic City, Camden, Jersey City, Newark,
Trenton and Paterson. Further information
is available on the DCR Web site www.NJCivilrights.org.
To file a formal Complaint, persons may
call the DCR’s Housing Discrimination
Hotline toll-free at 1-866-405-3050.
>>
Finding
of Probable Cause (108k pdf)
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