STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELVIRA WILLIAMS, )

)

Petitioner, )

)

vs. ) Case No. 04-2860

)

VENICE COVE APARTMENTS, )

)

Respondent. )

)

RECOMMENDED ORDER

Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, conducted the final hearing in Fort Lauderdale, Florida, on September 21, 2004.

APPEARANCES

For Petitioner: Elvira Williams, pro se

1515 Northwest 2nd Avenue

Fort Lauderdale, Florida 33311

For Respondent: Kristine A. Sawyers

Law Offices of Lowenhaupt & Sawyers 7765 Southwest 87th Avenue

Suite 201

Miami, Florida 33173 STATEMENT OF THE ISSUE

The issue is whether Respondent is guilty of housing discrimination against Respondent based on her race and disabilities, in violation of the Florida Fair Housing Act, Sections 760.20-760.37, Florida Statutes.

PRELIMINARY STATEMENT

By Housing Discrimination Complaint dated June 2, 2003, Petitioner alleged that Respondent committed unlawful discrimination against her by refusing to rent an apartment to her. The complaint alleges that Respondent's refusal to rent to Petitioner was based on Petitioner's race and handicap.

Petitioner alleges that her race is African-American, but does not allege her handicap, except to allege that it is a "physical and mental disability." The complaint alleges that Respondent later rented the apartment to a Hispanic person.

At the hearing, Petitioner called one witness and offered into evidence one exhibit: Petitioner Exhibit 1. Respondent called one witness and offered into evidence five exhibits: Respondent Exhibits 1-5. All exhibits were admitted except that Respondent Exhibit 4 was not admitted for the truth. The Administrative Law Judge allowed counsel for Respondent to retain Respondent's exhibits for copying and distribution. When counsel failed to file the exhibits prior to the deadline for filing proposed recommended orders, the exhibits were deemed withdrawn.

The parties did not order a transcript. Respondent filed a proposed recommended order on October 29, 2004.

FINDINGS OF FACT

1. Petitioner is African-American, although the record fails to disclose any physical or mental disability.

2. Due to her pending eviction at an apartment complex known as the Tennis Club in Fort Lauderdale, Petitioner visited the Venice Cove apartment complex, also in Fort Lauderdale, in the summer of 2002.

3. Deciding that she liked Venice Cove, Petitioner applied for a one bedroom apartment on September 16, 2002. In accordance with its customary practice, Respondent obtained a credit report and learned that Petitioner owed a utility payment, possibly a cable television box. Respondent advised Petitioner that she would have to satisfy this debt to rent an apartment, and Petitioner did so.

4. At some point, Petitioner decided that she wanted a two bedroom/two bathroom apartment, and Respondent tentatively assigned her a unit of this type, pending final approval of her application to lease. Petitioner changed her preferences for type of apartment several times. Respondent was able to accommodate immediately all but one of these preferences.

5. In early December, Petitioner mentioned to Respondent's representative that she was being evicted from the Tennis Club. This is the first time that Petitioner disclosed any eviction to Respondent.

6. Examining the file, Respondent's representative realized that she had failed to order the more thorough credit report that Respondent had been using since November 2002. This report would reveal evictions, among other things.

7. Respondent's representative ordered the more thorough credit report, which revealed that Respondent had been evicted three times. Respondent's policy precluded renting to a person with this rental history, and Respondent's representative promptly informed Petitioner that she was denying Petitioner's application.

8. There is no evidence whatsoever that Respondent denied Petitioner's application on the basis of Petitioner's race or any disability from which she may suffer.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter. §§ 120.569, 120.57(1), and 760.35(3), Fla. Stat. (2004).

10. Section 760.23(1), Florida Statutes, provides:

    
    

    It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, handicap, familial status, or religion.

    
    

11. Pursuant to Section 769.34(5), Florida Statutes, Petitioner has the burden of proving a violation of the statute.

12. Petitioner has failed to prove that race or disability played any role whatsoever in Respondent's decision not to rent an apartment to Petitioner. To the contrary, it appears clear that Petitioner's poor rental history resulted in Respondent's decision not to rent an apartment to her.

RECOMMENDATION

It is

RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing Petitioner's Housing Discrimination Complaint.

DONE AND ENTERED this 29th day of October, 2004, in Tallahassee, Leon County, Florida.

S

ROBERT E. MEALE

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 29th day of October, 2004.

COPIES FURNISHED:

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

Tallahassee, Florida 32301

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

Tallahassee, Florida 32301

Elvira Williams

1515 Northwest 2nd Avenue

Fort Lauderdale, Florida 33311

Kristine A. Sawyers

Law Offices of Lowenhaupt & Sawyers 7765 Southwest 87th Avenue

Suite 201

Miami, Florida 33173

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 must be filed with the agency that will issue the final order in this case.

Docket for Case No: 04-002860

Orders for Case No: 04-002860