STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

CHARLENE CINTRON, HUD Case No.

Petitioner, FCHR Case No. 2016H0061

v. DOAH Case No. 15-7307

DELAND HOUSING AUTHORITY, FCHR Order No. 16-042

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E

Preliminary Matters

Petitioner Charlene Cintron filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes alleging that Respondent Deland Housing Authority committed a discriminatory housing practice by failing to provide a reasonable accommodation for the disability of Petitioner's daughter by failing to issue Petitioner a "four-bedroom" Section 8 housing voucher.

The allegations set forth in the complaint were investigated, and, on November the Executive Director issued a detemiination 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 in Deland, Florida, on April 26, before Administrative Law Judge Robert S. Cohen.

Judge Cohen issued a Recommended Order of dismissal, dated June 7, 2016.

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

et 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v.

Daytona Beach, Ocean Center Parking Garage. FCHR Order No. 14-034 (September Gantz. et al. v. Zion's Hope. Inc., d/b/a Holy Land Experience. FCHR Order No.

Filed August 4, 2016 3:23 PM Division of Administrative Hearings

(June 6, and Hall v. Villages of West Oaks HOA. FCHR Order No. 08-007 (January 14, 2008).

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

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

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended Order.

After the issuance of the Recommended Order, Petitioner filed with the Division of Administrative Hearings two documents, both entitled, "Request an Appeal."

The appeals rights of the parties are set out below.

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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of 2016.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna

Filed this in

day of .

see, Florida.

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Charlene Cintron Anderson Drive

Deltona, FL 32725

Deland Housing Authority

c/o Rachael S. Loukonen, Esq. Cohen & Grigsby, P.C.

Place, Ste. 6200

Naples, FL 34108

Robert S. Cohen, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

1 HEREBY CERTIFY that a copy foregoing has been mailed to the above

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 15-007307

Orders for Case No: 15-007307