TRENTON
-- Division on Civil Rights Director J.
Frank Vespa-Papaleo announced today that
the State has issued a Finding of Probable
Cause against a husband and wife accused
of agreeing to sell their South Jersey home
and farm, then reneging and walking out
of a scheduled real estate closing upon
learning the buyers were African-American.
Edwin and Doris Baker, formerly of Millville,
Cumberland County, were named as respondents
in the Finding of Probable Cause. In July
2007, the Bakers signed a contract to sell
their 21-acre property on Hogbin Road, Millville,
to Marcus and Brenda Riggins. However, when
the parties met for the first time -- at
a real estate closing to finalize the sale
on October 1, 2007 – Edwin Baker is
accused of announcing that he would not
sell to blacks, that a real estate agent
involved in the transaction “should
have told me they were colored,” and
of walking out of the closing.
In addition to two real estate agents who
were present, a representative for a Cumberland
County title company also witnessed the
incident, according to a summary of the
Division’s investigation contained
in the Finding of Probable Cause.
Marcus
and Brenda Riggins filed their complaint
with the Division on Oct. 22. The Bakers
subsequently agreed to complete the sale
– and did so -- on Nov. 29. However,
Marcus and Brenda Riggins pursued their
Complaint alleging that the Bakers’
conduct had been discriminatory and caused
them significant humiliation and distress.
A
Finding of Probable Cause does not represent
final adjudication of a complaint. It is
a determination, based on investigation
by the Division on Civil Rights, that evidence
exists to support a reasonable suspicion
the New Jersey Law Against Discrimination
(LAD) has been violated, and that the matter
should proceed to a hearing.
“The
conduct alleged in this case is troubling,”
said Director Vespa-Papaleo. “Despite
what some may believe, owning a property
does not give one the discretion to pick
and choose -- based on race, ethnicity,
religious beliefs, gender, sexual orientation,
etc. -- who can buy that property.
“Refusing
to sell or rent housing based on race is
an act of prejudice, and the Division on
Civil Rights is committed to investigating
and prosecuting such conduct wherever we
find it,” Vespa-Papaleo added. “The
real estate agents in this matter are to
be commended for not disclosing the race
of the buyers prior to closing, in accordance
with federal and state fair housing laws.”
According
to a summary of the DCR investigation included
in the Finding of Probable Cause, Edwin
and Doris Baker entered a formal contract
to sell their Millville farm, farmhouse
and barns to Marcus and Brenda Riggins in
July 2007. A closing date of August 31 was
originally scheduled, then rescheduled for
October 1. In the interim, the parties did
not meet face to face.
On
Oct. 1, the buyers and sellers met for the
first time at the Laurel Lake offices of
ERA DePalma Realty. Both the Bakers and
Marcus and Brenda Riggins were represented
by different agents employed by ERA DePalma.
Upon climbing a flight of stairs accompanied
by his real estate agent and the buyers,
Edwin Baker allegedly stopped and advised
“I can’t do this.” He
subsequently made several comments indicating
his reluctance to sell to African-Americans,
witnesses said, and advised those present
that “It’s my house, I can do
what I want” before leaving with his
wife, who allegedly said her husband “won’t
sell to black people” as she exited.
Now
that a Finding of Probable Cause has been
issued, the case will be referred for Conciliation.
If Conciliation is not successful, the matter
will be referred to an Administrative Law
Judge for a hearing on the merits, which
is a non-jury trial. The ALJ will then issue
a written Initial Decision. Alternatively,
the case could be transferred to Superior
Court at the discretion of the parties.
The
Law Against Discrimination (LAD) provides
that each Respondent found to have committed
a violation is subject to a penalty of up
to $10,000, provided he or she has not been
convicted of a prior 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
in the past seven years are subject to a
penalty of up to $50,000.
The
Division on Civil Rights is responsible
for enforcement of the LAD and the Family
Leave Act. Specifically, the Division investigates
allegations of discrimination in employment,
housing, places of public accommodation
and credit. The Division has five regional
office locations including Newark, Trenton,
Atlantic City, Camden and Paterson. Further
information about the Division is available
on its Web site www.NJCivilrights.org. To
file a complaint call the Division toll-free
at 1-866-405-3050.
#
# # |
