STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

HANAN AYSHEH, HUD Case No.

Petitioner, FCHR Case No.

v. DOAH No.

HAWAIIAN INN BEACH RESORT, COA, FCHR Order No.

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E

Preliminary Matters

Petitioner Hanan Aysheh filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes alleging that Respondent Hawaiian Inn Beach Resort, COA, committed discriminatory housing practices on the basis of Petitioner's disability by failing to provide a requested reasonable accommodation, and on bases of Petitioner's disability and national origin (Palestinian) by forcing Petitioner to vacate a room Petitioner had rented.

The allegations set forth in the complaint were investigated, and, on June 21,

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 by video teleconference at sites in Daytona Beach and Tallahassee, Florida, on October 24, before Administrative Law Judge R. Bruce McKibben.

Judge McKibben issued a Recommended Order of dismissal, dated December 22,

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

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 March 2, 2017 2:09 PM Division of Administrative Hearings

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

AND ORDERED this day

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Commissioner Gilbert M . Singer

Filed this day of in Tallahassee, Florida.

2017,

Clerk

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

Copies furnished to:

Hanan Aysheh

c/o David B. Russell, Esq. Pappas & Russell,

Silver Beach Avenue Daytona Beach, FL

Hawaiian Inn Beach Resort, COA c/o D. Michael Glower, Esq.

224 South Beach Street, Ste. 204 Daytona Beach, FL 32214

R. Bruce McKibben, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this day of ,

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-004289

Orders for Case No: 16-004289