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June 10, 2005



Dear Needle:

I don't understand your point.

You conclude your post with the very admirable directive that bigotry should be punished severely, but up until then, you seem to criticise the penalties imposed upon brokers who discriminate or who might be vicariously liable for an employee's actions.

It seems very contradictory.

As to your substantive arguments, vicarious liablity is imposed because of the defense raised by the owner/broker that an agent committed the discriminatory act -- which probably was successful too often.

As a result, by imposing vicarious liability, not only is the defense removed, but prospectively, an owner/broker is forced to take an active role in requiring all agents to comply with the law.

Moreover, I seriously doubt that if the owner/broker did just that, he or she would not receive the maximum punishment, as you seem to imply.

Finally, as to the example involving the novice, we are all "tempted" to break the law, e.g., by claiming business expenses that are personal.

Clearly, that is no justification.


Timothy Pachonka

Amazing what you find when you Google your own name. Very interesting article, but in this case, there was no broker or agent involved. Mr. Matteo lived next to my grandmother, then my parents when my grandmother passed away. When the apartment came up, it was a great deal. My parents actually lived in his third floor apt. when they were first married, and I lived there till I was about 3.
The most amazing thing about this case is that it took almost 7 years from start to finish.

Timothy S. Pachonka, Jr

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