Konig

Certified For Partial Publication. [*]

The Fair Employment and Housing Commission of the State of California (the Commission) appeals from that portion of a judgment granting Nancy A. Konig's petition for peremptory writ of mandamus, commanding the Commission to set aside its award of emotional distress and lost housing opportunity damages to Sheryl Annette McCoy for Konig's unlawful housing discrimination on the basis of race under the California Fair Employment and Housing Act (Gov.Code, § 12900 et seq.; the Act). [1] We affirm.

McCoy, an African-American and a police officer, stopped to inquire about renting a unit in a duplex owned by Konig, who is White, after observing a "for rent" sign on the premises. The sign directed McCoy to Konig's front door where a notice was posted. As McCoy was bent over reading the notice, Konig came to the door and stated to McCoy: "Shame on you. What are you doing on my porch? Get off my porch. You're trying to break into my house." McCoy inquired about the rental and Konig responded something to the effect that "You're not here to rent this place. You're here to break in" or "[W]hat are you doing? ... I'm not going to rent…