Hess

Victor and Helen Hess appeal from a judgment denying their petition for writ of administrative mandamus, which sought to compel respon dent to set aside its decision holding that appellants unlawfully discriminated against real parties in interest.

Real parties in interest John Pryor and Debbie Rodgers reached an agreement to rent a duplex owned by appellants, and paid a deposit on the unit. The Hesses subsequently learned that Pryor and Rodgers are an unmarried couple, and refused to rent to them. Appellants admitted that they would have rented the unit to Piyor and Rodgers had they been married and, in fact, rented the unit to a similarly situated couple who were married.

On May 15, 1979, Pryor and Rodgers filed a complaint with the Division of Fair Employment Practices of respondent Fair Employment and Housing Commission, alleging that appellants denied them housing on the basis of their marital status. An accusation was subsequently issued by the division, charging the Hesses with unlawful discrimination. An administrative hearing was held on January 7,1980, and on April 3,1980, respondent issued a decision finding that the Hesses had unlawfully discriminated…