Petitioner: ROLSTAN AND LETITIA HODGE
Respondent: WATSON REALTY, INC.
Judges: SUZANNE VAN WYK
Agency: Commissions
Locations: Tallahassee, Florida
Filed: Jan. 27, 2014
Status: Closed
Recommended Order on Thursday, September 25, 2014.
Latest Update: Dec. 10, 2014
Summary: Whether Petitioners were subject to discrimination in the rental of a dwelling, or in the terms, conditions, or privileges of rental of a dwelling, based on their race or familial status, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.Petitioners did not prove that Respondent discriminated against them on the basis of race or familial status in the provision of rental housing by requiring a guarantor based on a past legal debt, or disallowing co-applicant sp
Summary: Whether Petitioners were subject to discrimination in the rental of a dwelling, or in the terms, conditions, or privileges of rental of a dwelling, based on their race or familial status, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.Petitioners did not prove that Respondent discriminated against them on the basis of race or familial status in the provision of rental housing by requiring a guarantor based on a past legal debt, or disallowing co-applicant spouse to act as guarantor.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
ROLSTAN AND LETITIA HODGE, HUD Case No. 04-14-0048-8
Petitioners, FCHR Case No. 2014H0082
v. DOAH No. 14-0437
WATSON REALITY, INC., FCHR Order No. 14-049
Respondent.
/
FINAL ORDER DISMISSING PETITIO N FOR
RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E
Preliminary Matters
Petitioners Rolstan and Letitia Hodge filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes
alleging that Respondent Watson Realty, Inc., committed a discriminatory housing practice on the bases of Petitioners' race (African American) and familial status by refusing to rent Petitioners a home.
The allegations set forth in the complaint were investigated, and, on December
the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.
Petitioners 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 in Jacksonville, Florida, on July 8, before Administrative Law Judge Suzanne Van Wyk.
Judge Van Wyk issued a Recommended Order of dismissal, dated September 25,
2014.
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 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 December 10, 2014 2:08 PM Division of Administrative Hearings
FCHR Order No. 14-049
Page 2
Conclusions of Law
We 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
None 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
DONE AND ORDERED this day of 2014.
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Donna and
Commissioner Tony Jenkins
Filed this of in Tallahassee, Florida.
Clerk
Commission on Human Relations 2009 Apalachee Parkway, Suite Tallahassee, FL 32301
FCHR Order No. 14-049 3
Copies furnished to:
Rolstan and Letitia Hodge c/o Jamison Jessup
557 Noremac Avenue Deltona, FL
Watson Realty, Inc.
c/o William J. Bosch, Esq. Conner Bosch Law,
4488 North Oceanshore Boulevard Palm FL 32137
Watson Realty, Inc.
c/o Robert Warren Schupp, Esq. Robert W. Schupp, P.A.
9745 Touchton Road, Unit 2803
Jacksonville, FL 32246
Suzanne Van Wyk, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY that a copy foregoing has been mailed to the above
By:
Clerk of
Florida Commission on Human Relations
Docket for Case No: 14-000437
Issue Date |
Proceedings |
Dec. 10, 2014 |
Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
|
Sep. 25, 2014 |
Recommended Order (hearing held July 8, 2014). CASE CLOSED.
|
Sep. 25, 2014 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Aug. 14, 2014 |
Respondent's Proposed Recommended Order filed.
|
Aug. 06, 2014 |
Petitioners' Notice Regarding Proposed Recommended Order filed.
|
Aug. 04, 2014 |
Transcript of Proceedings (not available for viewing) filed. |
Jul. 24, 2014 |
Statement of Person Administering Oath filed.
|
Jul. 08, 2014 |
CASE STATUS: Hearing Held. |
Jul. 03, 2014 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jul. 02, 2014 |
Joint Pre-hearing Stipulation filed.
|
Jul. 02, 2014 |
Petitioners' Proposed Exhibit List filed.
|
Jun. 12, 2014 |
Court Reporter Notice filed.
|
Jun. 12, 2014 |
Order Re-scheduling Hearing (hearing set for July 8, 2014; 9:30 a.m.; Jacksonville, FL).
|
May 27, 2014 |
Status Report filed.
|
May 19, 2014 |
Order Granting Continuance (parties to advise status by May 29, 2014).
|
May 19, 2014 |
(Petitioners') Unopposed Motion for Continuance filed.
|
May 15, 2014 |
(Respondent's) Unopposed Motion for Extension of Time to File Joint Pre-hearing Stipulation filed.
|
May 07, 2014 |
Order Allowing Testimony by Telephone.
|
May 06, 2014 |
Unopposed Motion for Petitioners to Appear Telephonically filed.
|
May 05, 2014 |
Deposition of Heather Cornett filed.
|
May 05, 2014 |
Notice of Filing Original Deposition (Heather Cornett).
|
Apr. 24, 2014 |
Amended Order of Pre-hearing Instructions.
|
Apr. 18, 2014 |
Respondent's Supplemental (Proposed) Exhibit List filed.
|
Apr. 17, 2014 |
Court Reporter Notice filed.
|
Apr. 17, 2014 |
Order Re-scheduling Hearing (hearing set for May 22 and 23, 2014; 10:30 a.m.; Jacksonville, FL).
|
Apr. 16, 2014 |
CASE STATUS: Pre-Hearing Conference Held. |
Apr. 11, 2014 |
Respondent's Amended (Proposed) Exhibit List filed.
|
Apr. 11, 2014 |
Respondent's Witness List filed.
|
Apr. 11, 2014 |
Respondent's Exhibit List filed.
|
Apr. 10, 2014 |
Petitioner's Proposed Witness List filed.
|
Apr. 10, 2014 |
Return of Service (Nigel Armorer-Clarke) filed.
|
Apr. 07, 2014 |
Verified Return of Service (Heather Cornett) filed.
|
Mar. 21, 2014 |
Notice of Taking Telephonic Depositions (of Heather Cornett) filed.
|
Mar. 03, 2014 |
Order Accepting Qualified Representative.
|
Feb. 26, 2014 |
Request to be Recognized as Petitioners? Qualified Representative filed.
|
Feb. 26, 2014 |
Notice of Appearance (Jamison Jessup) filed.
|
Feb. 21, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
|
Feb. 13, 2014 |
Notice of Appearance of Co-Counsel for Respondent (William Bosch) filed.
|
Feb. 13, 2014 |
Notice of Appearance (William Bosch) filed.
|
Feb. 13, 2014 |
Amended Court Reporter Notice filed.
|
Feb. 13, 2014 |
Court Reporter Notice filed.
|
Feb. 12, 2014 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
|
Feb. 12, 2014 |
Notice of Hearing (hearing set for April 24, 2014; 9:00 a.m.; Jacksonville, FL).
|
Feb. 12, 2014 |
Petitioners' Response to Initial Order filed.
|
Feb. 12, 2014 |
Order of Pre-hearing Instructions.
|
Feb. 06, 2014 |
(Respondent's) Request for Location of Hearing filed.
|
Feb. 06, 2014 |
Notice of Appearance (Robert Schupp) filed.
|
Jan. 28, 2014 |
Initial Order.
|
Jan. 27, 2014 |
Housing Discrimination Complaint filed.
|
Jan. 27, 2014 |
Determination filed.
|
Jan. 27, 2014 |
Notice of Determination of No Cause filed.
|
Jan. 27, 2014 |
Petition for Relief filed.
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Jan. 27, 2014 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 14-000437
Issue Date |
Document |
Summary |
Dec. 09, 2014 |
Agency Final Order
|
|
Sep. 25, 2014 |
Recommended Order
|
Petitioners did not prove that Respondent discriminated against them on the basis of race or familial status in the provision of rental housing by requiring a guarantor based on a past legal debt, or disallowing co-applicant spouse to act as guarantor.
|