STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in this case on February 19, 2010, in Orlando, Florida, before Administrative Law Judge R. Bruce McKibben of the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Sarah Rissman Taitt, Esquire

Lake County Housing Authority Post Office Box 7800

Tavares, Florida 32778 STATEMENT OF THE ISSUE

The issue in this case is whether Respondent violated the Fair Housing Act, Section 760.20, et seq., Florida Statutes (2009), by denying Petitioner housing based on his mental disabilities.

PRELIMINARY STATEMENT

On or about July 21, 2009, Petitioner filed a Housing Discrimination Complaint with the Florida Commission on Human Relations, alleging discrimination by Respondent. Upon review of the Complaint, the Commission entered a Determination of

No Cause.

Petitioner then filed a Petition for Relief which was transmitted to the Division of Administrative Hearings on November 13, 2009. The matter was set for final hearing on the date and at the place set forth above.

At the final hearing Petitioner did not appear.

FINDINGS OF FACT

1. Petitioner, Luis Bermudez, filed a complaint against Respondent, Lake County Housing Authority, citing allegations of discrimination.

2. Respondent denies the allegations of discrimination.

   
   

3. The Florida Commission on Human Relations, upon review of Petitioner's complaint, entered a Notice of Determination of No Cause.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding pursuant to Section 120.569 and Subsection 120.57(1), Florida Statutes (2009).

5. Florida's Fair Housing Act (the "Act") is codified in Sections 760.20 through 760.37, Florida Statutes (2009). Subsection 760.23, Florida Statutes, reads in pertinent part:

   Discrimination in the sale or rental of housing and other prohibited practices.--

   
   

   * * *

   
   

   (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.

   
   

6. Petitioner has the burden of proving by a preponderance of the evidence that Respondent violated the Act by discriminating against him as alleged in his complaint.

   §§ 120.57(1)(j) and 760.34(5), Fla. Stat. (2009).

   
   

7. Petitioner did not present any evidence at final hearing upon which a determination of discrimination could be determined.

8. Petitioner did not meet his burden of proof in this matter. Respondent cannot be found to have discriminated against Petitioner.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that a final order be entered by the Florida Commission on Human Relations upholding its Determination of No Cause and dismissing Petitioner's complaint.

DONE AND ENTERED this 1st day of March, 2010, in Tallahassee, Leon County, Florida.

R. BRUCE MCKIBBEN Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

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

Filed with the Clerk of the Division of Administrative Hearings this 1st day of March, 2010.

COPIES FURNISHED:

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Sarah Rissman Taitt, Esquire Lake County Housing Authority Post Office Box 7800

Tavares, Florida 32778

Luis Bermudez

7637 Dive Cote Drive Orlando, Florida 32818

Stacey M. Kleinfeld

Lake County Housing Authority Post Office Box 7800

Tavares, Florida 32778

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: 09-006224

Orders for Case No: 09-006224