STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LINDA CARPENTER,

Petitioner,

vs.

VEJAI KUMAR AND MANOOJ KUMAR,

Respondents.

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) Case No. 04-1351

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RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case by video teleconference between Fort Lauderdale and Tallahassee, Florida, on July 15, 2004, before Administrative Law Judge Claude B. Arrington of the Division of Administrative Hearings (DOAH).

APPEARANCES

For Petitioner: Linda Carpenter, pro se

3840 Northwest 115th Avenue Coral Springs, Florida 33065

For Respondents: Vejai Kumar, pro se

Manooj Kumar, pro se

11434 Northwest 42nd Street Coral Springs, Florida 33065

STATEMENT OF THE ISSUE

Whether Respondents committed discriminatory housing practices against Petitioner as alleged in the Petition for Relief filed by Petitioner.

PRELIMINARY STATEMENT

Prior to February 14, 2004, Petitioner filed a complaint with the Florida Commission on Human Relations (FCHR) alleging that Respondents (her landlords) violated the Florida Fair Housing Act.1 Following an investigation of the alleged housing discrimination, the FCHR issued a document on February 14, 2004, styled "Determination of No Reasonable Cause" which found that ". . . reasonable cause does not exist to believe that a discriminatory housing practice has occurred. . . ." Petitioner thereafter filed a “Petition for Relief” with FCHR in March 2004, which was referred to DOAH and underpins this proceeding.2

At the formal hearing, Petitioner testified on her own behalf and Respondent Manooj Kumar testified on behalf of Respondents. No party offered any exhibits.

No transcript of the proceedings has been filed. No party filed a post-hearing submittal.

FINDINGS OF FACT

1. Petitioner is a female of African-American descent.

   
   

2. Respondents are father (Vejai) and son (Manooj).

   
   

   Respondents own and operate certain apartments in Broward County, Florida. At the times relevant to this proceeding, Respondents rented an apartment to Petitioner.

3. From time to time Respondents had to enter Petitioner’s apartment to make repairs or perform maintenance. Neither

   Respondent entered Petitioner’s apartment without the other Respondent.

4. Petitioner testified that Respondent Vejai Kumar came into her apartment without her permission and that he sometimes peeped in her window. She testified that on one occasion when Vejai Kumar thought he was alone in her apartment, she saw him massaging his penis while looking at a picture of her. Petitioner testified that Vejai Kumar made unwanted sexual overtures towards her. Petitioner testified that Manooj Kumar called her “an AIDS bitch.”3 Petitioner offered no evidence to support her allegation that Respondents viewed all blacks as being “low life.”

5. There was no evidence that Petitioner had been the victim of any form of housing discrimination.

6. Manooj Kumar testified that he and his father are not biased against blacks and that they do not discriminate against their tenants, who are racially mixed. He testified, credibly, that Petitioner’s accusations were false.

   CONCLUSIONS OF LAW

   
   

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

8. In the instant case, Petitioner seeks relief pursuant to the provisions of the Fair Housing Act. Respondents are

   subject to the provision of the Fair Housing Act pursuant to Section 760.20, Florida Statutes.

9. 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.

   
   

10. Pursuant to Section 760.34(5), Florida Statutes, the burden of proof is on Petitioner to establish the facts supporting her allegations of discrimination. Petitioner’s vague, disjointed, and completely uncorroborated testimony lacks credibility. The undersigned finds the testimony of Respondent Manooj Kumar, which refuted Petitioner’s accusations, to be credible.

11. Petitioner failed to meet her burden of proof in this proceeding.

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 August, 2004, in Tallahassee, Leon County, Florida.

S

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 August, 2004.

ENDNOTES

1/ Sections 760.20 through 760.37, Florida Statutes (2004), constitute the Florida Fair Housing Act. All statutory references in this Recommended Order are to Florida Statutes (2004).

2/ Petitioner is a black female. Petitioner’s imprecise pleadings alleged that Respondents view all blacks as “low life”; that Respondent Vejai Kumar made unwanted sexual overtures to her; and that Respondent Manooj Kumar (who Petitioner referred to as Manny Kumar) called her “an AIDS bitch.” There was no articulation as to how Respondents’ alleged bias against blacks, Vejai Kumar’s alleged sexual overtures, or Manooj Kumar’s alleged derogatory remark constituted discrimination in housing. For the purposes of this Recommended Order, the undersigned has construed Petitioner’s allegations to include allegations as to all forms of discrimination proscribed by Florida law except discrimination based on age and discrimination based on religion.

3/ Petitioner does not have AIDS, and there was no evidence that she had any other type handicap.

COPIES FURNISHED:

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Vejai Kumar Manooj Kumar

11434 Northwest 42nd Street Coral Springs, Florida 33065

Linda Carpenter

3840 Northwest 115th Avenue Coral Springs, Florida 33065

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: 04-001351

Orders for Case No: 04-001351