Attorney General
Announces Findings
of Probable Cause in
Housing Case
Landlord, Agency
Accused of Discriminating in On-Line Ad
Stuart Rabner,
Attorney General
For Immediate
Release: February 15, 2007
Contact Lee Moore,
609-292-4791 For Further Information
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." (Emphasis Added)
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, 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.
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