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ROLSTAN AND LETITIA HODGE vs WATSON REALTY, INC., 14-000437 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000437 Visitors: 29
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
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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.
Jan. 27, 2014 Transmittal of Petition filed by the Agency.

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.
Source:  Florida - Division of Administrative Hearings

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