STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DELORES ARCHINAL, HUD Case No. 04-12-0042-8

Petitioner, FCHR Case No. 2012H0089

v. DOAH Case No. 12-0553

SIXTH MOORINGS CONDOMINIUM FCHR Order No. 12-036 ASSOCIATION, INC.,

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Delores Archinal filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2011), alleging that Respondent Sixth Moorings Condominium Association, Inc., committed a discriminatory housing practice by failing to make a reasonable accommodation for Petitioner’s handicap.

The allegations set forth in the complaint were investigated, and, on January 25, 2012, the Executive Director issued a determination finding that there was no 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 Miami and Tallahassee, Florida, on May 11, 2012, before Administrative Law Judge Cathy M. Sellers.

Judge Sellers issued a Recommended Order of dismissal, dated May 29, 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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

Filed July 17, 2012 8:10 AM Division of Administrative Hearings

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Mack v. Agency for Persons with Disabilities, FCHR Order No. 11-026 (March 17, 2011), Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach- Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and

Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004).

We adopt the Administrative Law Judge’s findings of fact.

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:

Delores Archinal Apartment 710

18555 Northeast 14th Street Miami, FL 33179

Delores Archinal

1301 Northeast 191st Street, F-107 Miami, FL 33179

Sixth Moorings Condominium Association, Inc. c/o Kevin Peters, Esq.

Straley & Otto, P.A.

2699 Stirling Road, Suite C-207 Fort Lauderdale, FL 33312

Cathy M. Sellers, 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: 12-000553

Orders for Case No: 12-000553