STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GEOFFREY K. ADAMS and )

LILLAMAE ADAMS, )

)

Petitioners, )

)

vs. ) Case No. 97-3377

)

BERMUDA VILLAGE, )

)

Respondent, )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on November 3, 1997, by video between Tallahassee and West Palm Beach, Florida, before Claude B. Arrington, a duly designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Geoffrey K. Adams, pro se

Lillamae Adams, pro se 6923 Torch Key Street

Lake Worth, Florida 33410

For Respondent: Roger C. Hurd, Esquire

Hurd, Horvath and Dinkin, P.A. 8295 North Military Trail, Suite A Palm Beach Gardens, Florida 33410

STATEMENT OF THE ISSUES

Whether Respondent discriminated against Petitioners by evicting them from their apartment as alleged in the Petition for Relief filed by Petitioners.

PRELIMINARY STATEMENT

Petitioners alleged in a complaint filed with the Florida Commission on Human Relations (FCHR) that they were evicted from their apartment by the owner of the Respondent because Lillamae Adams is black. Following an investigation, the FCHR issued a document, styled "Determination of No Reasonable Cause" which found that " . . . reasonable cause does not exist to believe that a discriminatory housing practice has occurred. "

Thereafter, Petitioners elected to refer the matter to the Division of Administrative Hearings, and this proceeding followed.

At the formal hearing, Petitioners testified, but they presented no other testimony and no exhibits. Respondent presented the testimony of Elizabeth Ann Skelton, the owner of the Respondent Bermuda Village, and Terry Read, a resident of Bermuda Village, and presented one exhibit, the deposition of Alfred A. Jones, which was accepted into evidence without objection.

No transcript of the proceedings has been filed. Neither party has filed a post-hearing submittal.

FINDINGS OF FACT

1. At the times pertinent to this proceeding, Elizabeth Anne Skelton was the owner of a group of apartments in West Palm Beach, Florida, known as Bermuda Village

2. In March and April 1994, Geoffrey K. Adams was a tenant

   of Bermuda Village on a month-to-month basis. The rent for one person living alone in one of the Bermuda Village apartments was

   $475.00 per month, while the rent for two people was $500.00 per month. These rents were consistently applied. Mr. Adams testified at the formal hearing that he was aware of the different rates, depending on whether there was one or two people living in the apartment.1

3. In March 1994, Mr. Adams planted a banana tree in the vicinity of the front door of his apartment. Because there was insufficient space for the banana tree, Ms. Skelton told

   Mr. Adams to remove it, which she had the right to do. Instead of removing the banana tree, Mr. Adams camouflaged the growing tree to make it appear to be a potted plant. When Ms. Skelton instructed her handyman to move what was thought to be a potted plant, it was discovered that the tree was still growing in the ground. Ms. Skelton then had the banana tree uprooted.

   Mr. Adams got into a verbal confrontation with Ms. Skelton over this matter and loudly cursed her in profane terms. He later made threatening statements and gestures to her.

4. Ms. Skelton consulted her lawyers, who began the process to evict Mr. Adams.

5. During this same period of time, Lillamae Adams (known then as Lillamae Jordan) moved in with Mr. Adams. Mrs. Adams is black. Mr. Adams and Ms. Skelton are white. When Mr. Adams informed the management of Bermuda Village that Mrs. Adams would

   be moving in to his apartment, he was informed that his rent would be increased by $25.00 per month. This increase was unrelated to the race of Mrs. Adams.

6. In early April, 1994, approximately two weeks after Mrs. Adams moved in with Mr. Adams, Mr. Adams was served with eviction papers. Petitioners were subsequently evicted from their apartment.

7. The eviction of Petitioners was based on the behavior of Mr. Adams. The eviction was not based on the race of Mrs. Adams.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. Section 120.57(1), Florida Statutes.

9. In the instant case, Petitioners seek relief pursuant to the provisions of Sections 760.20-37, Florida Statutes, denominated as the "Fair Housing Act." Respondent is not exempt from the provision of the Fair Housing Act. Section 760.20, Florida Statutes.

10. Section 760.23(2), Florida Statutes, provides, in part:

    
    

    (2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, handicap, familial status, or religion.

    
    

11. Pursuant to Section 760.34(5), Florida Statutes, the burden of proof is on the Petitioners to establish the allegations supporting the claim of discrimination. This is not merely a case where the Petitioners failed to meet their burden of proof. The very persuasive evidence in this case leads to the

inescapable conclusion that their claim of discrimination is devoid of merit.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final Order dismissing the Petition For Relief.

DONE AND ENTERED this 8th day of December, 1997, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 1997

ENDNOTE

1/ In the complaint that Petitioners filed with the FCHR, they assert that the requirement that they pay an extra $25.00 per month after Lillamae Adams moved in with Geoffrey Adams evidences discrimination. This assertion is without merit.

COPIES FURNISHED:

Mr. Geoffrey K. Adams Mrs. Lillamae L. Adams 6923 Torch Key Street

Lake Worth, Florida 33467-7655

Roger C. Hurd, Esquire

Hurd, Horvath & Dinkin, P.A.

8295 North Military Trail, Suite A

Palm Beach Gardens, Florida 33410

Sharon Moultry, Clerk Commission On Human Relations Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32303-4149

Dana Baird, General Counsel Commission On Human Relations Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32303-4149

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.

1 In the complaint that Petitioners filed with the FCHR, they assert that the requirement that they pay an extra $25.00 per month after Lillamae Adams moved in with Geoffrey Adams evidences discrimination. This assertion is without merit.

Docket for Case No: 97-003377

Orders for Case No: 97-003377