Petitioner: YANIRA SANTONI
Respondent: PARADISE ONE REALTY
Judges: J. BRUCE CULPEPPER
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Jun. 27, 2016
Status: Closed
Recommended Order on Wednesday, January 25, 2017.
Latest Update: Apr. 21, 2017
Summary: Whether Respondent, Paradise One Realty, discriminated against Petitioner, Yanira Santoni, in violation of the Florida Fair Housing Act; and, if so, the relief to which Petitioner is entitled.Petitioner failed to prove, by a preponderance of the evidence, that she was subject to unlawful discrimination on the basis of her religion in violation of the Florida Fair Housing Act.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
YANIRA SANTONI. HUD Case No.
Petitioner, FCHR Case No.
v. DOAH No.
PARADISE ONE REALTY, FCHR Order No.
Respondent.
/
FINAL ORDER DISMISSING PETITIO N FOR
RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E
Preliminary Matters
Petitioner Yanira Santoni filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2014), alleging that Respondent Paradise One Realty committed a discriminatory housing practice on the basis of Petitioner's religion (Santeria) by failing to renew Petitioner's lease on a dwelling she had been renting.
The allegations set forth in the complaint were investigated, and, on June 1,
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 in Orlando, Florida, on October before Administrative Law Judge J. Bruce Culpepper.
Judge Culpepper issued a Recommended Order of dismissal, dated January 25,
2017.
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 find 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 April 21, 2017 8:00 AM Division of Administrative Hearings
FCHR Order No. Page 2
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 Florida Statutes, and in the Florida Rules of Appellate Procedure
DONE AND ORDERED this day of
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and
Commissioner Jay Pichard
Filed day of , 2017, in Tallahassee, Florida.
Clerk
Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399
(850) 488-7082
FCHR Order No. 17-028
Page 3
Copies furnished to:
Santoni
c/o Tushaar Desai, Esq. Desai Law,
East Robinson Street Orlando, FL 32803
Paradise One Realty
c/o John W. Bolanovich, Esq. Bogin Munns & Munns, P.A.
Legion Place - Gateway Center
Suite
Orlando, FL 32801
J. Bruce Culpepper, Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
1 HEREBY CERTIFY that a copy of the foregoing has been mailed to the above
Clerk of the
Florida Commission on Human Relations
Docket for Case No: 16-003611
Issue Date |
Proceedings |
Apr. 21, 2017 |
Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
|
Jan. 25, 2017 |
Recommended Order (hearing held October 18, 2016). CASE CLOSED.
|
Jan. 25, 2017 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Jan. 10, 2017 |
Notice of Change of Physical Address for Attorney for Defendant filed.
|
Dec. 02, 2016 |
Certificate of Service (on Respondent's Proposed Finding of Fact as to Date) filed.
|
Dec. 01, 2016 |
Respondent's Proposed Findings of Fact and Conclusions of Law filed.
|
Nov. 22, 2016 |
Notice of Filing Transcript.
|
Nov. 21, 2016 |
Transcript of Proceedings (not available for viewing) filed. |
Nov. 21, 2016 |
Letter to Judge (regarding the Proposed Recommended Order) filed.
|
Nov. 21, 2016 |
(Proposed) Recommended Order filed.
|
Nov. 21, 2016 |
(Petitioner`s) Proposed Recommended Order filed.
|
Oct. 25, 2016 |
Respondent's Notice of Filing Written Certification of Oath for Witness Geil Fontanez filed.
|
Oct. 18, 2016 |
Notice of Appearance (Tushaar Desai) filed.
|
Oct. 18, 2016 |
CASE STATUS: Hearing Held. |
Oct. 17, 2016 |
Order Granting Respondent's Witness (Geil Fontanez) to be Sworn Remotely.
|
Oct. 14, 2016 |
Respondent's Motion for Order Allowing Witness Geil Fontanez to be Remotely Sworn in at Beginning of Proceedings for her Testimony Remotely via Telephone Later in Day filed.
|
Oct. 12, 2016 |
Court Reporter Requested filed.
|
Aug. 31, 2016 |
Order Allowing Testimony by Telephone.
|
Aug. 29, 2016 |
Respondent's Notice of Request for Copy of Hearing Transcript filed.
|
Aug. 29, 2016 |
Respondent's Motion for Order Allowing Witness Geil Fontanez to Testify Telephonically at Hearing filed.
|
Aug. 29, 2016 |
Respondent's Motion for Subpoenas to be Issued on its Behalf filed.
|
Aug. 26, 2016 |
Notice of Hearing (hearing set for October 18, 2016; 10:30 a.m.; Orlando, FL).
|
Aug. 25, 2016 |
Respondent's Notice to Commission of Reasons for Unavailability on September 15 & September 23, 2016 for the Hearing in this Matter filed.
|
Aug. 19, 2016 |
Notice of Ex-parte Communication.
|
Aug. 18, 2016 |
Letter to John Bolanovich from Yanira Santoni regarding settlement of case filed.
|
Aug. 18, 2016 |
Respondent's Response to Order Granting Continuance filed.
|
Aug. 15, 2016 |
Respondent's Witness List filed.
|
Aug. 12, 2016 |
Letter to Judge Culpepper from Yanira Santoni requesting a new date for hearing filed.
|
Aug. 09, 2016 |
Letter to Judge Culpepper from Yanira Santoni requesting a new date for hearing filed.
|
Aug. 08, 2016 |
Order Granting Continuance (parties to advise status by August 18, 2016).
|
Aug. 08, 2016 |
Notice of No Objection to Continuance filed.
|
Aug. 04, 2016 |
Affidavit of Lizette Pagan filed.
|
Aug. 01, 2016 |
Certified Return Receipt received this date from the U.S. Postal Service.
|
Jul. 26, 2016 |
Subpoena Duces Tecum (Lizette Pagan) filed.
|
Jul. 25, 2016 |
Notice of Ex-parte Communication.
|
Jul. 25, 2016 |
Petitioner's witness list filed.
|
Jul. 15, 2016 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
|
Jul. 15, 2016 |
Order of Pre-hearing Instructions.
|
Jul. 15, 2016 |
Notice of Hearing (hearing set for August 23, 2016; 10:00 a.m.; Orlando, FL).
|
Jul. 11, 2016 |
Notice of Transfer.
|
Jun. 28, 2016 |
Initial Order.
|
Jun. 27, 2016 |
Housing Discrimination Complaint filed.
|
Jun. 27, 2016 |
Determination filed.
|
Jun. 27, 2016 |
Notice of Determination of No Cause filed.
|
Jun. 27, 2016 |
Petition for Relief filed.
|
Jun. 27, 2016 |
Transmittal of Petition filed.
|
Orders for Case No: 16-003611
Issue Date |
Document |
Summary |
Apr. 20, 2017 |
Agency Final Order
|
|
Jan. 25, 2017 |
Recommended Order
|
Petitioner failed to prove, by a preponderance of the evidence, that she was subject to unlawful discrimination on the basis of her religion in violation of the Florida Fair Housing Act.
|