Court Rules That Black Tenant Can Take Part In State Complaint Targeting Landlord

By Editor, Times of San Diego

March 2, 2023

A Black man who alleges that he was subjected to ongoing discrimination after leasing a room in Lemon Grove can now directly participate in a lawsuit brought on his behalf.

On Wednesday, Los Angeles Superior Court Malcolm Mackey ruled that Abdifatah Abdullahi, represented by the Legal Aid Society of San Diego Inc., can intervene in the California Civil Rights Department (CRD) complaint brought Oct. 31 against the Peter F. DeLuke trust.

The suit seeks injunctive relief prohibiting future discrimination as well as compensatory and punitive damages.

The Legal Aid Society’s “complaint in intervention” filed Feb. 6 alleges that Abdullahi experienced discrimination, harassment and retaliation throughout his tenancy because of his race.

“The claims alleged by Mr. Abdullahi arise out of the same facts and occurrences that serve as the basis for the CRD action,” according to the Legal Aid papers, which noted that the state did not oppose Abdullahi’s wish to directly take part in the litigation.

The former tenant said that his landlord told him, “Your people are always making trouble,” and subjected Abdullahi and the only other Black tenant to ongoing discrimination and a hostile living environment, including calling the other Black tenant the “N-word” at various times, the CRD suit alleges.

In court papers filed Jan. 12 on his own behalf, Peter F. DeLuke Jr. of El Cajon denied any wrongdoing and stated that Abdullahi violated his lease agreement by tampering with the smoke detector in his room and by often smoking marijuana inside the residence.

The CRD is tasked with prosecutorial authority to investigate, mediate and litigate civil rights enforcement actions and has an office in Los Angeles County.

The department completed its investigation into Abdullahi’s complaints last June and, based on the evidence, “found cause to believe that defendants had subjected Mr. Abdullahi to the threat of violence, discrimination, harassment and retaliation because of his race,” the CRD suit states. Attempts to resolve the issues without litigation were unfruitful, according to the CRD.

The trustee of the Peter F. DeLuke trust is Peter DeLuke Sr. In October 2020, Abdullahi sought a room in a home owned by DeLuke Jr. It had been advertised on Craigslist for $580 in monthly rent and utilities of $250, the CRD suit states.

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