Thomas C. Baumgardner v. The Secretary, United States Department of Housing and Urban Development, on Behalf of Blanton B. Holley

WELLFORD, Senior Circuit Judge.

Blanton B. Holley, who lived in the Walnut Hills area of Cincinnati, Ohio, called a telephone number listed on a rental sign at nearby 2343 Victory Parkway. The rental sign advertised a four-bedroom home owned by petitioner, Thomas C. Baumgard-ner. Holley talked to Baumgardner in early January, 1989, who gave him information about monthly rental and estimated utility bills. There is some divergence in testimony about the details of the balance of the conversation. Holley’s version is that Baumgardner asked about the proposed use of the house and who would be…