AG Rabner Announces
Finding of
Probable Cause in
Case of
Religious Reference
in Housing Ads
News Release:
Office of The Attorney General, Stuart Rabner,
Attorney General And
Division on Civil Rights, Frank Vespa-Papaleo, Director
For Immediate Release, from the Web
January 12, 2007
http://www.nj.gov/oag/newsreleases07/pr20070112a.html
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.
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