STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VERDELL CARTER AND COURTNEY CARTER,

Petitioners,

vs.

CITE CONDOMINIUM ASSOCIATION, INC.; FIRST SERVICE RESIDENTIAL FLORIDA, INC.; SHARON CRISOSTOMO, PROPERTY MANAGER; SOO Y. CHUNG AND MYUNG S. CHUNG,

Respondents.

/

Case No. 14-5513

SUPPLEMENTAL RECOMMENDED ORDER

This case came before Administrative Law Judge John G.

Van Laningham for final hearing by telephone conference call on

August 12, 2015.

APPEARANCES

For Petitioners: Verdell S. Carter, pro se

Courtney Carter, pro se 617 Bay Front Drive

Fort Washington, Maryland 20744 For Respondents Soo Y. Chung and Myung S. Chung:

Soo Y. Chung, pro se

5526 Southwest Seventh Avenue Road Ocala, Florida 34471

For Respondents Cite Condominium Association, Inc.; FirstService Residential Florida, Inc.; and Sharon Crisostomo:

Manuel A. Fernandez, Esquire Quintairos, Prieto, Wood & Boyer, P.A. 9300 South Dadeland Boulevard, 4th Floor Miami, Florida 33156

STATEMENT OF THE ISSUE

The issue in this supplemental proceeding is whether Respondents Soo Y. and Myung S. Chung, separately or together, retaliated against Petitioners as a result of Petitioners' exercise, or attempted exercise, of a protected housing right.

PRELIMINARY STATEMENT

In a Housing Discrimination Complaint filed with the U.S. Department of Housing and Urban Development on or around August 9, 2014, and subsequently investigated by the Florida

Commission on Human Relations ("FCHR"), Petitioners Verdell and Courtney Carter alleged that Respondents had unlawfully discriminated against them on the basis of race or color by:

(a) denying or delaying services or facilities in connection with their leased dwelling, or otherwise interfering with their use and enjoyment of such dwelling; (b) refusing to accommodate an alleged disability; and (c) using coercion or other means to interfere with their exercise of protected housing rights.

The FCHR investigated Petitioners' claims and, on October 13, 2014, issued a notice setting forth its

determination that reasonable cause did not exist to believe that a discriminatory housing practice had occurred.

Thereafter, Petitioners filed a Petition for Relief, which the FCHR transmitted to the Division of Administrative Hearings ("DOAH") on November 17, 2014.

At the original final hearing on February 11 and 19, 2015, Verdell and Courtney Carter each testified, and they called as additional witnesses the following individuals: Julio Blanco, Maggie Oertel-Aygun, Vermyka Williams, Javariss Lawrence, Wendy Sabillon, and Sharon Crisostomo. Petitioners' Exhibits 1–15; 16-A, 16-B, 16-C, and 16-D; 17; and 18-A, 18-B, and 18-C were

received in evidence. Respondents' Exhibits 1-14 were admitted into evidence as well.

On April 27, 2015, the undersigned issued a Recommended Order, which urged the FCHR to enter a final order finding Respondent Cité Condominium Association, Inc., not liable for housing discrimination and awarding the Carters no relief.

By order dated July 9, 2015, the FCHR remanded the case to DOAH for further proceedings, to allow Petitioners to present evidence as to whether Respondents Soo Y. Chung and Myung S. Chung, or either of them, committed a discriminatory housing practice. After hearing such evidence, the undersigned would be expected to issue a Supplemental Recommended Order.

On July 10, 2015, the undersigned issued an Order Accepting Remand and Directing Parties to Respond, which, among other things, gave Petitioners until July 31, 2015, to serve and file an Amended Petition for Relief, the allegations of which were required to relate exclusively to the discriminatory housing practice(s) of which Petitioners accuse Soo Y. Chung and

Myung S. Chung.

Petitioners timely filed an amended petition. In it, they allege that Soo. Y. Chung, M.D.——who with his wife

Myung S. Chung leased Petitioners a residential unit in the Cité Condominiums in Miami, Florida, from which Petitioners eventually were evicted for nonpayment of rent——retaliated against them for having filed a Housing Discrimination Complaint with the U.S. Department of Housing and Urban Development.

Petitioners allege that Dr. Chung committed the following "retaliatory" acts: (1) Early termination of Petitioners' lease; (2) Threatening, in an email, that the parties would "have a difficult time" if Petitioners did not comply with

Dr. Chung's demand that they move out; (3) Failing to respond in a timely manner to Petitioners' request for repairs;

1. Unlawfully evicting Petitioners for failure to pay rent;

   
   

2. Requesting that an unreasonable amount of attorney's fees be awarded in the eviction proceeding; and (6) Requesting other harsh and extreme remedies in the eviction proceeding.

   
   

   At the supplemental final hearing on August 12, 2015, Verdell Carter testified, and Petitioners called Dr. Chung as a witness. Respondents Soo and Myung Chung were given until September 2, 2015, to file and serve written objections to Petitioners' Exhibits A through R. Because these Respondents did not file objections, Petitioners' Exhibits A through R are hereby received in evidence.

   Petitioners filed a Proposed Recommended Order on

   
   

   August 31, 2015, which was the previously established deadline. No other party filed a proposed recommended order.

   The court reporter's record of the supplemental final hearing has not been transcribed as of the date hereof.

   Unless otherwise indicated, citations to the official statute law of the state of Florida refer to Florida Statutes

   2014.

   
   

   FINDINGS OF FACT

   
   

   1. The undersigned adopts, and incorporates herein by this reference, the findings of fact set forth in the Recommended Order dated April 27, 2015.

   2. To repeat for emphasis, there is no persuasive evidence that any of the actions by Soo Y. Chung and Myung S. Chung, whether performed jointly or individually, including bringing

      
      

      suit to evict the Carters, were motivated by discriminatory animus or were taken to retaliate against the Carters for their exercise of a protected housing right.

   3. There is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding could be made that Soo Y. Chung and Myung S. Chung, or either of them, committed any sort of unlawful housing discrimination or retaliation.

   4. Ultimately, therefore, it is determined that neither Soo Y. Chung nor Myung S. Chung engaged in any prohibited

      activities.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The undersigned adopts, and incorporates herein by this reference, the conclusions of law set forth in the Recommended Order dated April 27, 2015.

   6. To repeat for emphasis, neither Soo Y. Chung nor Myung

S. Chung is liable under section 760.37, Florida Statutes, or otherwise guilty of a prohibited practice, based on the evidence presented in this case.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order finding Respondents Soo Y. Chung and Myung S. Chung not liable for housing discrimination and awarding the Carters no relief.

DONE AND ENTERED this 4th day of September, 2015, in Tallahassee, Leon County, Florida.

S

JOHN G. VAN LANINGHAM

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

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

Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 2015.

COPIES FURNISHED:

Verdell S. Carter Courtney Carter

617 Bay Front Drive

Fort Washington, Maryland 20744 (eServed)

Soo Y. Chung Myung S. Chung

5526 Southwest Seventh Avenue Road Ocala, Florida 34471

Manuel A. Fernandez, Esquire Quintairos, Prieto, Wood & Boyer, P.A.

9300 South Dadeland Boulevard, 4th Floor Miami, Florida 33156

(eServed)

Tammy Scott Barton, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301 (eServed)

Cheyanne M. Costilla, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301 (eServed)

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: 14-005513

Orders for Case No: 14-005513