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Jackson v. Concord Co.

Decided: May 20, 1968.

CHARLES P. JACKSON, COMPLAINANT-RESPONDENT,
v.
CONCORD COMPANY, A CORPORATION OF NEW JERSEY, T/A HARTFORD ARMS, JOSEPH SAMOST, "JANE" SAMOST, (FIRST NAME BEING FICTITIOUS) JANE ADAMS, EVELYN O'DONNEL, RESPONDENTS-APPELLANTS



Sullivan, Foley and Leonard. The opinion of the court was delivered by Sullivan, S.j.a.d.

Sullivan

Here involved are consolidated appeals, pursuant to R.R. 4:88-8(a), from the findings, determination, order, and supplemental order of the Director of the Division on Civil Rights, Department of Law and Public Safety.

The matter grows out of the efforts of Charles P. Jackson, complainant, to secure an apartment in a large apartment development owned by the corporate respondent. The complainant filed an application for an apartment and paid a deposit. Unable to have his application processed or acted on, complainant filed a complaint with the Division charging

that respondents had delayed considering his application for tenancy because he is a Negro. After a determination that probable cause existed for crediting the allegations of the complaint, and after conciliation was unsuccessful, a hearing was scheduled and testimony taken before a hearing examiner. As a result of the hearing, and acting on the recommendations of the hearing examiner, the Director issued his findings and determination that respondents were guilty of discrimination in violation of the Law Against Discrimination, N.J.S.A. 18:25-1 et seq.

The Director's Order and Supplemental Order mandated that

(1) Respondents forthwith cease and desist from discriminating against complainant and all other persons with respect to the rental or lease of apartments;

(2) Respondents, within 20 days of the Order, issue notice of the Order and written instructions for compliance therewith to all their officers, agents, and employees;

(3) Respondents cause to be posted on the premises, for a period of one year from the date of the entry of the Order, a true copy of the official housing poster of the Division on Civil Rights, a true copy of the written instructions to its officers, agents, and employees, and true copies of the Order and Supplemental Order issued by the Director;

(4) Respondents forthwith lease an apartment to complainant on specified terms;

(5) Respondents, for a period of one year following the date of the entry of the Order, make available to the Division on Civil Rights, during business hours, all records and applications concerning any and all vacancies occurring during that period for any and all apartments located in the development, the disposition of each such apartment, and copies of the rental or lease arrangement made for each vacancy;

(6) Respondents pay complainant "compensatory damages," as determined by the Director, for losses suffered as a ...


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