NJ Division on Civil Rights Finds Probable Cause in Case of Property Owners Who Refused to Sell House, Farm to Minority Couple

February 13, 2008 -- TRENTON -- New Jersey 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.

Source: New Jersey Attorney General

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