Petitioner: DAVID POWELL
Respondent: ROBIN FISHER AND PARK PLACE BY THE BAY
Judges: CLAUDE B. ARRINGTON
Agency: Florida Commission on Human Relations
Locations: Miami, Florida
Filed: Dec. 13, 2001
Status: Closed
Recommended Order on Wednesday, October 16, 2002.
Latest Update: Apr. 30, 2003
Summary: Whether Respondents discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.Petitioner failed to prove alleged housing discrimination.
01-4799.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DAVID POWELL, )
)
Petitioner, )
)
vs. ) Case No. 01-4799
) ROBIN FISHER AND PARK PLACE BY ) THE BAY, )
)
Respondents. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held in this case on September 24, 2002, at Miami, Florida, before Administrative Law Judge Claude B. Arrington.
APPEARANCES
For Petitioner: David Powell, pro se
Post Office Box 112340 Miami, Florida 33111
For Respondents: Kenneth J. Lowenhaupt, Esquire
7765 Southwest 87th Street, Suite 201
Miami, Florida 33173 STATEMENT OF THE ISSUE
Whether Respondents discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.
PRELIMINARY STATEMENT
Petitioner has filed a myriad of allegations against numerous entities who are not parties to any proceeding before the Division of Administrative Hearings. The only allegations over which the Division of Administrative Hearings has jurisdiction is the allegation Petitioner filed with the Florida Commission on Human Relations (FCHR) pertaining to his eviction from an apartment by the owner (Respondent Park Place By The Bay) and its manager (Respondent Robin Fisher). Petitioner alleged that Respondents discriminated against him based on his race (African-American), his religion (Baptist), and his physical handicap (unspecified). Following an investigation of the alleged housing discrimination, 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, Petitioner elected to refer the matter to the Division of Administrative Hearings, and this proceeding followed.
At the formal hearing, Petitioner testified and offered numerous exhibits, three of which were admitted into evidence. Petitioner's offered exhibits not admitted into evidence have been bundled together and labeled as Petitioner's Rejected Exhibits. Respondents presented the testimony of Lisa Gonzalez
and Julie Tsiomakidis, both of whom are employed by the corporate Respondent. Respondents offered four exhibits, each of which was admitted into evidence.
No transcript of the proceedings has been filed. Both parties filed post-hearing submittals, which have been duly considered by the undersigned in the preparation of this
Recommended Order.
FINDINGS OF FACT
Petitioner is an African-American.
Prior to his eviction in the fall of 2000, Petitioner occupied a handicapped apartment at Park Place by the Bay (Park Place), an apartment complex located in Miami-Dade County, Florida.
By notice dated May 25, 2000, Respondent Park Place, through its management, advised Petitioner that it intended to terminate his tenancy as of August 31, 2000. Petitioner did not surrender his tenancy and, consequently, Respondent Park Place instituted eviction proceedings against him in September 2000. As a result of those eviction proceedings, Respondent Park Place regained possession of the premises and Petitioner was evicted.
There was insufficient evidence to establish that Petitioner was evicted for any reason other than the fact that he made threatening statements to the staff of Respondent Park Place.
There was no evidence that Petitioner was evicted because of his race.1
There was no evidence that Petitioner was evicted because of a physical handicap.2
There was no evidence that Petitioner was evicted because of his religion.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. Section 120.57(1), Florida Statutes.
In the instant case, Petitioner 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.
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.
Pursuant to Section 760.34(5), Florida Statutes, the burden of proof is on Petitioner to establish the allegations supporting his claims of discrimination. Petitioner failed to
meet his burden of proof in this proceeding. The evidence established that Petitioner's claims of discrimination are
without 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 16th day of October, 2002, 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
(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 16th day of October, 2002.
ENDNOTES
1/ The evidence established that between 40% and 50% of Respondent Park Place's tenants are of African-American descent.
2/ Approximately 27 of Respondent Park Place's 463 rental units are reserved for handicapped persons. The nature and extent of Petitioner's alleged handicap was not established.
COPIES FURNISHED:
Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, Florida 32301
Kenneth J. Lowenhaupt, Esquire
7765 Southwest 87th Street, Suite 201
Miami, Florida 33173
David Powell
Post Office Box 112340 Miami, Florida 33111
Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, Florida 32301
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: 01-004799
Issue Date |
Proceedings |
Apr. 30, 2003 |
Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
|
Oct. 16, 2002 |
Recommended Order issued (hearing held September 24, 2002) CASE CLOSED.
|
Oct. 16, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
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Oct. 11, 2002 |
Memorandum of Points filed by Petitioner.
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Oct. 10, 2002 |
Proposed Findings of Fact filed by K. Lowenhaupt.
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Oct. 09, 2002 |
Exhibits filed by Petitioner.
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Oct. 09, 2002 |
Letter to B. Ladrie from D. Powell enclosing request for aid with Hotel filed.
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Oct. 09, 2002 |
Letter to B. Ladrie from D. Powell requesting final pay from Miami Dade filed.
|
Oct. 09, 2002 |
Continuous Pattern and Practice of Misconduct by the State of Florida, Florida Dept. of Children & Families in Tallahassee filed by Petitioner.
|
Oct. 08, 2002 |
Florida Statute 2001, Ch. 77, 78, 82, 83, of Writ filed by Petitioner.
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Oct. 07, 2002 |
Exhibits filed by Petitioner.
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Oct. 07, 2002 |
Fla Statutes Ch 83 filed by Petitioner.
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Oct. 07, 2002 |
Isc Laws Viol & ADA filed by Petitioner.
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Oct. 07, 2002 |
Final Abbreviated Order filed by Petitioner.
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Oct. 07, 2002 |
Motion for Writs & Relief filed by Petitioner.
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Oct. 07, 2002 |
Memorandum of Points filed by Petitioner.
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Oct. 07, 2002 |
Writ of Excution filed by Petitioner.
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Oct. 07, 2002 |
Payment of Attorney`s Fees & Affidavit in Support of Attorney`s Fees in Excess of Statutory Guideline filed by Petitioner.
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Oct. 07, 2002 |
Continious Action Legal Brief filed by Petitioner.
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Oct. 07, 2002 |
Recommended Final Order filed by Petitioner.
|
Sep. 27, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Sep. 17, 2002 |
Confusion by 10 Agencies & Gross Misconduct & Sloppy Record Keeping Denying My Client Constitutional Rights filed by Petitioner.
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Sep. 06, 2002 |
Order Denying Petitioner`s Pending Motions issued.
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Sep. 05, 2002 |
Request the Status of All Cases Sent in Writing or Final Judgement Order filed by Petitioner.
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Aug. 23, 2002 |
Letter to Judge Arrington from R. Knowles stating Goldman Sachs has no obligation to respond to Subpoena from D. Powell (filed via facsimile).
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Aug. 21, 2002 |
Letter to Judge Arrington from L. West enclosing copy of correspondence from Mr. Powell and intent not to respond at this time filed.
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Jul. 26, 2002 |
Letter to Judge Arrington from D. Powell requesting status of case filed.
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Jul. 25, 2002 |
Letter to Official Reporting Service from D.Crawford confirming request for court reporter (filed via facsimile).
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Jul. 23, 2002 |
Order of Pre-hearing Instructions issued.
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Jul. 23, 2002 |
Notice of Hearing issued (hearing set for September 24 and 25, 2002; 9:00 a.m.; Miami, FL).
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Jul. 05, 2002 |
Letter to Judge Arrington from N. Wiegand regarding a subpoena that was issued by DOAH filed.
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Jun. 19, 2002 |
Letter to DOAH from D. Powell regarding courts have denied and refused to send all letters dated December 1st. filed.
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Jun. 18, 2002 |
Letter to D. Powell from T. Schlageter regarding April 5 and June 7, 2002 orders filed.
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Jun. 17, 2002 |
Letter to Judge Arrington from D. Drori enclosing exhibit A filed.
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Jun. 12, 2002 |
Letter to Doah from D. Powell responding to request for emergency hearing filed.
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Jun. 10, 2002 |
Letter to DOAH from P. Edenfield, will not be complying with the subpoena duces tecum filed.
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Jun. 10, 2002 |
Subpoena Duces Tecum, H. Ruvin filed.
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Jun. 10, 2002 |
Letter to D. Powell from A. Marziale enclosing exhibit A filed.
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Jun. 07, 2002 |
Order Quashing Subpoenas and Order to Show Cause issued.
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Jun. 05, 2002 |
New Evidence filed by D. Powell in the Third District Court of Appeal
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Jun. 04, 2002 |
Letter to Judge Arrington from D. Doke respectfully declining to comply with the invalid document filed.
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Jun. 03, 2002 |
Letter to D. Powell from H. Pesquera regarding subpoenas and attachments filed.
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May 23, 2002 |
Letter to DOAH from D. Powell requesting service filed.
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May 23, 2002 |
Writ of Garnishment after Judgement filed by Petitioner.
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May 23, 2002 |
Abbreviated Final Order filed by Petitioner.
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May 23, 2002 |
Letter to DOAH from D. Powell requesting FHCR and investigative agency now seek the authority of the office employment investigation complaints of discrimination practices in employment filed.
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May 23, 2002 |
Letter to DOAH from D. Powell filing motion with the courts to compel reply request for exception objection filed.
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May 23, 2002 |
Letter to DOAH from D. Powell requesting motion for writ of execution.
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May 23, 2002 |
Subpoena Duces Tecum, (3) filed.
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May 20, 2002 |
Abbreviated Final Order Filed Motion with the Courts filed by Petitioner.
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Apr. 17, 2002 |
Letter to DOAH from D. Powell, payment of attorney`s fees & Affidavit in support of attorney fees in excess of statutory guidlind filed.
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Apr. 17, 2002 |
Letter to Judge Arrington from D. Powell objecting to placing case in abeyance filed.
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Apr. 12, 2002 |
Letter to DOAH from D. Powell requesting postponement and extension of final hearing filed.
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Apr. 12, 2002 |
Letter to DOAH from D. Powell regarding bias by courts and respondents filed.
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Apr. 09, 2002 |
Letter to DOAH from D. Powell regarding medical issues (filed via facsimile).
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Apr. 08, 2002 |
Letter to DOAH from D. Powell complaint of non-compliance (filed via facsimile).
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Apr. 08, 2002 |
Letter to DOAH from D. Powell regarding motion for continuance (filed via facsimile).
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Apr. 08, 2002 |
Letter to D. Powell from J. Jensen regarding subpoena request filed.
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Apr. 05, 2002 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by July 31, 2002).
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Apr. 04, 2002 |
Letter to DOAH from D. Powell requesting extension filed.
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Apr. 04, 2002 |
Order Granting Protection from Subpoena Duces Tecum issued.
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Apr. 04, 2002 |
Order Denying Petitioner`s Pending Motions issued.
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Apr. 03, 2002 |
Legal Brief filed by Petitioner.
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Apr. 02, 2002 |
Motion to Quash Subpoena Duces Tecum (filed by F. Bruzzese via facsimile).
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Apr. 01, 2002 |
Letter to DOAH from D. Powell motion for non-compliance by respondents filed.
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Mar. 11, 2002 |
Letter to DOAH from D. Powell, Witness and Exhibit List filed.
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Feb. 28, 2002 |
Letter to DOAH from D. Powell request to enforce judgement immediately against Miami Dade County filed.
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Feb. 21, 2002 |
Letter to Capital Reporting Service, Inc. from D. Crawford confirming request for court reporter services (filed via facsimile).
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Feb. 19, 2002 |
Notice of Hearing by Video Teleconference issued (video hearing set for April 10, 2002; 9:00 a.m.; Miami and Tallahassee, FL).
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Jan. 31, 2002 |
Letter to DOAH from D. Powell requesting to amend petition for relief; filing order to show cause (filed via facsimile).
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Jan. 28, 2002 |
Letters to DOAH from D. Powell in response to extension of time filed.
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Jan. 17, 2002 |
Order to Show Cause issued.
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Jan. 16, 2002 |
Amended Notice of Ex-Parte Communication issued.
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Jan. 15, 2002 |
Notice of Ex-Parte Communication issued.
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Jan. 14, 2002 |
Letter to Judge Arrington from D. Powell filing complaint filed.
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Jan. 07, 2002 |
Notice of Ex-Parte Communication issued.
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Jan. 07, 2002 |
Letter to Judge Arrington from D. Powell requesting extension for discovery of new evidence and motion for emergency injunction filed.
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Dec. 24, 2001 |
Letter to Judge Smith from D. Powell requesting 90 day extension filed.
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Dec. 14, 2001 |
Initial Order issued.
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Dec. 13, 2001 |
Determination of No Reasonable Cause filed.
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Dec. 13, 2001 |
Requesting a Copy of the Final Investigative Report, Request an Appeal of HR No Determination and File Petition for Relief filed.
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Dec. 13, 2001 |
Petition for Relief filed.
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Dec. 13, 2001 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 01-004799