Settlement Agreements

The following information is a summary of the department's findings and contains excerpts from other public documents relevant to this case.

Factual Basis of the Allegations—What the Charging Party Alleged

When he moved into Daniel Lubbers' apartment, the charging party told Lubbers that he had been in prison, concerned that Lubbers might not rent to someone who had served time. Lubbers said that his new tenant's record would not be a problem. "You know, I'm gay," Lubbers mentioned, adding that, "I figure that most guys that go to jail..." The charging party told Lubbers that has wasn't "like that," and moved into an apartment. Some time later, his unemployment check was stolen from his mailbox, and he informed Lubbers that he would not be able to pay his rent on time. "We can work it out," Lubbers said, and suggested that his new tenant could avoid a late fee by doing yard work or "the thing we talked about before," meaning sexual favors. The charging party performed yard work. As his tenancy continued, Lubbers would frequently make comments about his appearance, such as "you look nice today" or "I like your shirt."

Then one day in the winter of 2007, Lubbers observed the charging party's girlfriend on her way to the apartment building's laundry room. He asked the charging party whether she was indeed his girlfriend, and he said she was. Several days later Lubbers told him he should "leave those girls alone and give me a try." The charging party again protested that he was not gay. "I can make things easy or hard for you," Lubbers said. Soon thereafter, he left a note under the tenant's door, stating that his rent was going to be increased from $115 to $125 a week. Lubbers cited the fact that the charging party had by then been renting from him for two years at the same weekly rate. However, other tenants had also been living in the building for two years, and had not had their rents raised.

The tenant filed a charge with the Minnesota Department of Human Rights in February 2008, alleging that he had been discriminated against by Lubbers because of his sex, and that Lubbers had retaliated against him by raising his rent after he had refused his sexual advances, in violation of the Human Rights Act.

Summary of the Commissioner's Memorandum—What the Department's Investigation Found

In answering the charge, respondent Lubbers admitted asking the charging party about having been to prison, but denied making sexual advances or the sexual remarks the charging party had alleged. He argued that he would not seek out sexual favors from the charging party, because he was afraid of him after an altercation that took place between the two in November 2005. He had avoided direct contact with the tenant ever since that altercation. As for raising the rent, the increase was justified because the charging party had been paying the same rent for two years. The landlord had raised the rent on three other rooms on the same floor four months prior to raising his rent, he argued.

When one party makes an allegation that is denied by the person about whom it has been made, the Department of Human Rights must find corroborating evidence to determine what most likely occurred. In its investigation, the department found evidence that respondent Lubbers had made sexual advances toward the charging party, and intimated that he would face adverse consequences if he rejected those advances. The department found witnesses, including former tenants, who stated that the tenant had complained that he was being sexually harassed by Lubbers, and that they had also been sexually harassed during the time they rented from the respondent. The respondent's stated reason for raising the rent, and his assertion that he had raised the rent on other units, was not supported by the respondent's own inconsistent records. Thus, the department concluded that witness and other evidence was sufficient to credit the charging party's allegation that Lubbers had engaged in sexual harassment and in reprisal, in violation of the Human Rights Act.

Terms of Settlement

In a negotiated settlement, Daniel Lubbers agreed:

1. To pay the charging party $5,000, and to pay $1,000 to the Legal Aid Society of Minneapolis, which represented him;
2. To display posters supplied to him by the Department of Human Rights and/or the Legal Aid Society of Minneapolis with information on housing discrimination and the Fair Housing Act;
3. To draft an anti-discrimination policy for approval by the department, and to distribute it to all current and future tenants once approved; and
4. To attend the department's 26th annual Human Rights Day conference.

This settlement agreement does not constitute an admission of any liability, an admission of a violation of the Minnesota Human Rights Act or any other law, or an admission of wrongdoing by the respondent. Although the names of charging parties and respondents are public data once a case is closed, the Department of Human Rights generally does not publish the names of charging parties in cases involving allegations of sexual harassment.