| TRENTON
-- Attorney General Stuart Rabner announced
today that the Division on Civil Rights
has issued separate Findings of Probable
Cause against a North Jersey physician and
the real estate agency that handled his
apartment-for-rent for allegedly posting
a discriminatory housing ad on an Internet
Web site, and for refusing to rent to would-be
tenants with children.
Named as Respondents in separate but related
Findings of Probable Cause documents are
Dr. Badawy M. Badawy, a Jersey City pediatrician,
and Century 21 On the River Realty of Edgewater,
Bergen County. Two individual real estate
agents employed by Century 21 On the River
-- Elizabeth Romero and Fausto Diaz –
are also named in the Findings of Probable
Cause.
A Finding of Probable Cause means the state
has concluded its preliminary investigation
and has determined that there is sufficient
evidence to support a reasonable suspicion
that the conduct of Dr. Badawy, as well
as Century 21 On the River Realty and its
two agents, violated the New Jersey Law
Against Discrimination (LAD).
“Regrettably,
this investigation reveals that this pediatrician
– and these licensed real estate professionals
-- allegedly ignored the New Jersey Law
Against Discrimination by refusing to consider
prospective tenants who had children,”
said Division on Civil Rights Director Vespa-Papaleo.
“New Jersey law prohibits housing
discrimination on the basis of familial
status, and we will not tolerate discrimination
against parents with children – whether
it happens in person or through on-line
advertising.”
According to the Finding of Probable Cause
documents, an Internet ad for an apartment
Dr. Badawy was renting on Kennedy Boulevard
in Jersey City stated “NO CHILDREN,”
and the contact number listed in the ad
was for On the River Realty.
Two “testers” employed by the
Division on Civil Rights responded to the
ad by calling the real estate agency, and
were advised that Dr. Badawy’s apartment
would not be available to renters with children.
In one instance, Dr. Badawy allegedly conveyed
his refusal to rent to children directly,
as one of the state-assigned testers visited
his apartment and expressed interest in
renting it.
During that April 7, 2006 visit, Dr. Badawy
allegedly introduced himself to the state
tester as the owner of the apartment, as
well as a medical practice located downstairs.
The state tester commented that the apartment’s
small bedroom would be ideal for her nine-year-old
son, and also asked about the location of
the nearest school. Dr. Badawy allegedly
responded – – in the presence
of Century 21 On the River Realty agent
Romero -- that he would not rent to a tenant
with children, and wanted only a single
person or a childless couple.
Diaz, another estate agent employed by On
the River Realty, is accused of telling
a state tester by telephone that only childless
renters would be acceptable to Dr. Badawy.
Now that a Finding of Probable Cause has
been issued, the Dr. Badawy and On the River
Realty matters will be referred for conciliation,
a Division on Civil Rights process designed
to resolve cases without trial. If conciliation
fails, an Administrative Law Judge will
conduct a non-jury 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
discrimination Complaint, call the DCR’s
toll-free Housing Discrimination Hotline
at 1-866-405-3050. Housing
discrimination matters are handled by the
Division’s Housing Investigations
Unit. Chief of that Unit is Stuart Sherman,
and the manager is Elizabeth Russian.
>>
Badawy
Finding of Probable Cause (1mb pdf)
plug-in
>> Century
21 On the River Realty Finding of Probable
Cause (1.2mb pdf)
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