STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAVID POWELL, )

)

Petitioner, )

)

vs. ) Case No. 01-4799

) ROBIN FISHER AND PARK PLACE BY ) THE BAY, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on September 24, 2002, at Miami, Florida, before Administrative Law Judge Claude B. Arrington.

APPEARANCES

For Petitioner: David Powell, pro se

Post Office Box 112340 Miami, Florida 33111

For Respondents: Kenneth J. Lowenhaupt, Esquire

7765 Southwest 87th Street, Suite 201

Miami, Florida 33173 STATEMENT OF THE ISSUE

Whether Respondents discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.

PRELIMINARY STATEMENT

Petitioner has filed a myriad of allegations against numerous entities who are not parties to any proceeding before the Division of Administrative Hearings. The only allegations over which the Division of Administrative Hearings has jurisdiction is the allegation Petitioner filed with the Florida Commission on Human Relations (FCHR) pertaining to his eviction from an apartment by the owner (Respondent Park Place By The Bay) and its manager (Respondent Robin Fisher). Petitioner alleged that Respondents discriminated against him based on his race (African-American), his religion (Baptist), and his physical handicap (unspecified). Following an investigation of the alleged housing discrimination, the FCHR issued a document, styled "Determination of No Reasonable Cause" which found that ". . . reasonable cause does not exist to believe that a discriminatory housing practice has occurred. "

Thereafter, Petitioner elected to refer the matter to the Division of Administrative Hearings, and this proceeding followed.

At the formal hearing, Petitioner testified and offered numerous exhibits, three of which were admitted into evidence. Petitioner's offered exhibits not admitted into evidence have been bundled together and labeled as Petitioner's Rejected Exhibits. Respondents presented the testimony of Lisa Gonzalez

and Julie Tsiomakidis, both of whom are employed by the corporate Respondent. Respondents offered four exhibits, each of which was admitted into evidence.

No transcript of the proceedings has been filed. Both parties filed post-hearing submittals, which have been duly considered by the undersigned in the preparation of this

Recommended Order.

FINDINGS OF FACT

1. Petitioner is an African-American.

   
   

2. Prior to his eviction in the fall of 2000, Petitioner occupied a handicapped apartment at Park Place by the Bay (Park Place), an apartment complex located in Miami-Dade County, Florida.

3. By notice dated May 25, 2000, Respondent Park Place, through its management, advised Petitioner that it intended to terminate his tenancy as of August 31, 2000. Petitioner did not surrender his tenancy and, consequently, Respondent Park Place instituted eviction proceedings against him in September 2000. As a result of those eviction proceedings, Respondent Park Place regained possession of the premises and Petitioner was evicted.

4. There was insufficient evidence to establish that Petitioner was evicted for any reason other than the fact that he made threatening statements to the staff of Respondent Park Place.

5. There was no evidence that Petitioner was evicted because of his race.1

6. There was no evidence that Petitioner was evicted because of a physical handicap.2

7. There was no evidence that Petitioner was evicted because of his religion.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. Section 120.57(1), Florida Statutes.

9. In the instant case, Petitioner seek relief pursuant to the provisions of Sections 760.20-37, Florida Statutes, denominated as the "Fair Housing Act." Respondent is not exempt from the provision of the Fair Housing Act. Section 760.20, Florida Statutes.

10. Section 760.23(2), Florida Statutes, provides, in part:

    (2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, handicap, familial status, or religion.

    
    

11. Pursuant to Section 760.34(5), Florida Statutes, the burden of proof is on Petitioner to establish the allegations supporting his claims of discrimination. Petitioner failed to

meet his burden of proof in this proceeding. The evidence established that Petitioner's claims of discrimination are

without merit.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition For Relief.

DONE AND ENTERED this 16th day of October, 2002, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 2002.

ENDNOTES

1/ The evidence established that between 40% and 50% of Respondent Park Place's tenants are of African-American descent.

2/ Approximately 27 of Respondent Park Place's 463 rental units are reserved for handicapped persons. The nature and extent of Petitioner's alleged handicap was not established.

COPIES FURNISHED:

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Kenneth J. Lowenhaupt, Esquire

7765 Southwest 87th Street, Suite 201

Miami, Florida 33173

David Powell

Post Office Box 112340 Miami, Florida 33111

Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 01-004799

Orders for Case No: 01-004799