Division of Administrative Hearings, Florida
Filed: Nov. 10, 2009
In this proceeding, the issues are: (1) Whether William Kleinschmidt ("Petitioner" or "Kleinschmidt") possesses or demonstrates a mental or physical impairment that qualifies Petitioner as a disabled person within the meaning of the Fair Housing Act, and therefore establishes that Petitioner belongs to a protected class of persons whom the Fair Housing Act protects from unlawful discrimination; (2) Whether Three Horizons North Condominium, Inc. ("Respondent" or "Three Horizons"), discriminated against Petitioner by enforcing the no pet restriction policy and requiring Petitioner to remove his cat(s); and (3) Whether Respondent discriminated against Petitioner by failing to properly call a plumber in a timely manner after Petitioner notified Respondent of raw sewage seeping into his unit, No. 206.Petitioner failed to demonstrate a mental or physical impairment that qualifies him disabled within the Fair Housing Act, failed to demonstrate Respondent discriminated by enforcing the no pet restriction policy, and failed to show retaliation.
