Davenport commission enters closed session in contested housing-discrimination case

The Davenport Civil Rights Commission moved into a closed session to consider a contested housing-discrimination case, Case No. 8005080015-21, after attorneys for both parties presented arguments in a virtual meeting.

The commission said the closed session was convened under the meeting rules cited on the record (code references provided during the meeting) to deliberate a decision in a contested-case proceeding conducted under chapter 17A.

Why it matters: The hearing concerns allegations that a tenant, identified in filings as Miss Keane, was racially harassed by a neighbor, Susan Cunningham, and that the landlord, identified as Mr. Mayes, then terminated Keane’s month-to-month lease with a 30-day notice. The parties’ attorneys disputed whether the record supports a finding of racial discrimination and whether the landlord had knowledge of the harassment when he served the notice.

Attorney for the respondent, Mike Walker, told the commission that the administrative law judge(ALJ) findings in the proposed decision should be given deference and that the record contains "no evidence in the record, none, that mister Mayes knew that the complainant had mixed race kids at the time that he exercised his legal right to enter into a 30 day termination of of the month to month lease." Walker argued the evidence instead showed noise, trespass and a large party that prompted the landlordto act and that the landlord later cited medical reasons and plans to sell as non-discriminatory motivations.

Counsel for the complainant, identified in the record as Attorney Adams, argued the opposite. Adams urged the commission to reject the ALJproposed decision and find respondents liable under federal and local law. "This case presents a clear example of unlawful housing discrimination under both the Fair Housing Act and the Davenport Municipal Code," Adams said on the record, and she urged the commission to award remedies including monetary damages and attorney fees. Adams cited an alleged timeline of racially charged incidentsincluding an incident on 06/08/2021, a family gathering on 07/04/2021 where racial slurs were alleged, and a 07/05/2021 text and the landlordserving notice the same day, saying the rapid sequence supports a causal link.

Adams also invoked federal regulations and legal theories discussed in the parties' briefs, including 24 CFR section 100.7 and a "cat's paw" theory of liability, arguing that a landlord who knows of third-party harassment may be liable if the landlord acts on that harassment.

After the attorneysremarks, Commissioner Boyd moved to convene a closed session under the cited code provisions; Commissioner Frank Holly seconded the motion. The commission then conducted a roll call for the closed session motion. Commissioners who recorded affirmative votes on the roll call included Commissioner Guster, Commissioner Transu, Commissioner Holly, Commissioner Boyd, Commissioner Peterson and Commissioner Upshurts Taylor. The chair announced the commission entered closed session at 10:31 a.m. There was no public decision announced before the session began.

The public portion of the meeting earlier approved the agenda on a motion by Commissioner Boyd, seconded by Commissioner Peterson; the chair announced the agenda was approved by voice vote.

Case details from the record: the matter before the commission concerns allegations that Susan Cunningham engaged in repeated racial harassment of Miss Keane and her guests, that the landlord served a 30-day termination notice shortly after those incidents, and that the ALJ originally found in favor of the respondent but recommended a ruling that is now under review by the commission. The parties referenced dates of alleged incidents (06/08/2021; 07/04/2021; 07/05/2021), the delivery of a 30-day notice, and a property sale date cited by the complainant (02/20/2023). The complainant requested damages for emotional distress, economic loss and attorney fees as allowed by law.

The commission conducted the hearing of oral arguments in public before recessing to deliberate in closed session. No final disposition was released in the public record at the time the meeting went into closed session.