Petitioner: FLORIDA COMMISSION ON HUMAN RELATIONS ON BEHALF OF JEANNETTE SHAW-PEREZ
Respondent: CITY OF HOLLY HILL
Judges: E. GARY EARLY
Agency: Florida Commission on Human Relations
Locations: Daytona Beach, Florida
Filed: Jul. 01, 2011
Status: Closed
Recommended Order on Tuesday, May 22, 2012.
Latest Update: Jul. 17, 2012
Summary: Whether Petitioner was the subject of unlawful coercion, intimidation, threats, or interference in the exercise of her rights in connection with Respondent?s regulatory actions regarding rental property owned by Petitioner, in violation of section 818 of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988 and the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes (2011).Petitioner failed to demonstrate that Respondent committed a violation of the
Summary: Whether Petitioner was the subject of unlawful coercion, intimidation, threats, or interference in the exercise of her rights in connection with Respondent?s regulatory actions regarding rental property owned by Petitioner, in violation of section 818 of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988 and the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes (2011).Petitioner failed to demonstrate that Respondent committed a violation of the Fair Housing Act by coercing, intimidating, threatening, or interfering with Petitioner in the exercise of her rights granted in the Act.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
JEANNETTE SHAW-PEREZ, HUD Case No. 04-10-1554-8
Petitioner, FCHR Case No. 2011H0053
v. DOAH Case No. 11-3319
CITY OF HOLLY HILL, FCHR Order No. 12-037
Respondent.
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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE
Preliminary Matters
Petitioner Jeannette Shaw-Perez filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent City of Holly Hill committed discriminatory housing practices on the basis of Petitioner’s color, race (African American) and sex (female) in the manner in which it engaged in code enforcement activities related to a residential triplex owned by Petitioner.
The allegations set forth in the complaint were investigated, and, on November 17, 2010, the Executive Director issued a determination finding that there was reasonable cause to believe that a discriminatory housing practice had occurred.
Petitioner filed a Petition for Relief from a Discriminatory Housing Practice and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.
An evidentiary hearing was held by video teleconference at sites in Daytona Beach and Tallahassee, Florida, on April 16, 2012, before Administrative Law Judge E. Gary Early.
Judge Early issued a Recommended Order of dismissal, dated May 22, 2012.
The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.
Findings of Fact
We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence
We adopt the Administrative Law Judge’s findings of fact.
Filed July 17, 2012 8:11 AM Division of Administrative Hearings
Conclusions of Law
We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.
We adopt the Administrative Law Judge’s conclusions of law.
Exceptions
Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.
Dismissal
The Petition for Relief and Housing Discrimination Complaint are DISMISSED with prejudice.
The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
DONE AND ORDERED this 17th day of July , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo; and
Commissioner Michell Long
Filed this 17th day of July , 2012, in Tallahassee, Florida.
/s/ Violet Crawford, Clerk
Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Jeannette Shaw-Perez 1415 Climax Street
Burlington, NC 27217
City of Holly Hill
c/o Scott E. Simpson, Esq.
Korey, Sweet, McKinnon, Simpson & Vukelja 595 West Granada Boulevard, Suite A Ormond Beach, FL 32174-5181
E. Gary Early, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 17th day of July , 2012.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 11-003319
Issue Date |
Proceedings |
Jul. 17, 2012 |
Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
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May 22, 2012 |
Recommended Order (hearing held April 16, 2012). CASE CLOSED.
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May 22, 2012 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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May 14, 2012 |
Respondent's Proposed Recommended Order filed.
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May 07, 2012 |
Proposed Recommended Order filed.
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May 03, 2012 |
Notice of Filing Transcript.
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May 02, 2012 |
Transcript of Proceedings Volume I-II (not available for viewing) filed. |
Apr. 20, 2012 |
Respondent's Notice of Waiver of Right to Depose Witnesses filed.
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Apr. 19, 2012 |
Respondent's Notice of Filing Affidavit of Kurt Swartzlander filed.
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Apr. 19, 2012 |
Respondent's Notice of Filing Affidavit of Valerie Manning filed.
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Apr. 16, 2012 |
CASE STATUS: Hearing Held. |
Apr. 11, 2012 |
Cover Sheet filed.
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Apr. 09, 2012 |
Supplemental Notice of Filing Proposed Exhibit filed.
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Apr. 06, 2012 |
Respondent's Proposed Exhibits (exhibits not available for viewing) |
Apr. 04, 2012 |
Notice of Filing Proposed Exhibits filed.
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Apr. 04, 2012 |
Pre-hearing Statement filed.
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Apr. 04, 2012 |
Notice of Retaining Court Reporter filed.
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Apr. 03, 2012 |
Order Granting Withdrawal of Counsel.
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Mar. 30, 2012 |
Notice of Non Representation filed.
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Feb. 29, 2012 |
Notice of Unavailability filed.
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Feb. 24, 2012 |
Respondent's Request for Production of Documents filed.
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Feb. 21, 2012 |
Response to Request for Production of Documents filed.
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Feb. 16, 2012 |
Respondent's Request for Production of Documents filed.
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Feb. 13, 2012 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for April 16, 2012; 9:00 a.m.; Daytona Beach and Tallahassee, FL).
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Feb. 03, 2012 |
Notice of Limited Appearance and Motion to Extend Time filed.
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Feb. 03, 2012 |
Notice of Limited Appearance and Motion to Extend Time (James Homic II) filed.
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Jan. 04, 2012 |
Order Granting Motion to Withdraw as Counsel of Record and Placing Case in Abeyance (parties to advise status by February 3, 2012).
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Jan. 04, 2012 |
Amended/Corrected Motion to Withdraw as Counsel of Record filed.
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Dec. 29, 2011 |
Amended Motion to Withdraw as Counsel of Record filed.
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Dec. 22, 2011 |
Motion to Withdraw as Counsel of Record filed.
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Nov. 14, 2011 |
Order Re-scheduling Hearing (hearing set for January 9, 2012; 10:00 a.m.; Daytona Beach, FL).
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Oct. 11, 2011 |
Order Continuing Case in Abeyance (parties to advise status by November 7, 2011).
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Oct. 06, 2011 |
Status Report filed.
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Aug. 26, 2011 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by October 6, 2011).
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Aug. 25, 2011 |
Motion to Abate filed.
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Aug. 15, 2011 |
Response to Petition for Relief filed.
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Jul. 27, 2011 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 20, 2011 |
Order of Pre-hearing Instructions.
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Jul. 20, 2011 |
Notice of Hearing by Video Teleconference (hearing set for September 6, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
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Jul. 13, 2011 |
Unilateral Response to Initial Order filed.
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Jul. 01, 2011 |
Initial Order.
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Jul. 01, 2011 |
Housing Discrimination Complaint filed.
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Jul. 01, 2011 |
Determination filed.
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Jul. 01, 2011 |
Notice of Determination (Cause) filed.
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Jul. 01, 2011 |
Petition for Relief filed.
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Jul. 01, 2011 |
Notice of Failure of Conciliation filed.
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Jul. 01, 2011 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 11-003319
Issue Date |
Document |
Summary |
Jul. 17, 2012 |
Agency Final Order
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May 22, 2012 |
Recommended Order
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Petitioner failed to demonstrate that Respondent committed a violation of the Fair Housing Act by coercing, intimidating, threatening, or interfering with Petitioner in the exercise of her rights granted in the Act.
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