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ELVIRA WILLIAMS vs VENICE COVE APARTMENTS, 04-002860 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002860 Visitors: 29
Petitioner: ELVIRA WILLIAMS
Respondent: VENICE COVE APARTMENTS
Judges: ROBERT E. MEALE
Agency: Commissions
Locations: Lauderdale Lakes, Florida
Filed: Aug. 13, 2004
Status: Closed
Recommended Order on Friday, October 29, 2004.

Latest Update: Jan. 20, 2005
Summary: The issue is whether Respondent is guilty of housing discrimination against Respondent based on her race and disabilities, in violation of the Florida Fair Housing Act, Sections 760.20-760.37, Florida Statutes.Petitioner failed to prove housing discrimination against her based upon race or disability. The decision not to rent to her was based upon the discovery that she had been evicted three times in the past.
04-2860

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ELVIRA WILLIAMS, )

)

Petitioner, )

)

vs. ) Case No. 04-2860

)

VENICE COVE APARTMENTS, )

)

Respondent. )

)


RECOMMENDED ORDER


Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, conducted the final hearing in Fort Lauderdale, Florida, on September 21, 2004.

APPEARANCES


For Petitioner: Elvira Williams, pro se

1515 Northwest 2nd Avenue

Fort Lauderdale, Florida 33311


For Respondent: Kristine A. Sawyers

Law Offices of Lowenhaupt & Sawyers 7765 Southwest 87th Avenue

Suite 201

Miami, Florida 33173 STATEMENT OF THE ISSUE

The issue is whether Respondent is guilty of housing discrimination against Respondent based on her race and disabilities, in violation of the Florida Fair Housing Act, Sections 760.20-760.37, Florida Statutes.

PRELIMINARY STATEMENT


By Housing Discrimination Complaint dated June 2, 2003, Petitioner alleged that Respondent committed unlawful discrimination against her by refusing to rent an apartment to her. The complaint alleges that Respondent's refusal to rent to Petitioner was based on Petitioner's race and handicap.

Petitioner alleges that her race is African-American, but does not allege her handicap, except to allege that it is a "physical and mental disability." The complaint alleges that Respondent later rented the apartment to a Hispanic person.

At the hearing, Petitioner called one witness and offered into evidence one exhibit: Petitioner Exhibit 1. Respondent called one witness and offered into evidence five exhibits: Respondent Exhibits 1-5. All exhibits were admitted except that Respondent Exhibit 4 was not admitted for the truth. The Administrative Law Judge allowed counsel for Respondent to retain Respondent's exhibits for copying and distribution. When counsel failed to file the exhibits prior to the deadline for filing proposed recommended orders, the exhibits were deemed withdrawn.

The parties did not order a transcript. Respondent filed a proposed recommended order on October 29, 2004.

FINDINGS OF FACT


  1. Petitioner is African-American, although the record fails to disclose any physical or mental disability.

  2. Due to her pending eviction at an apartment complex known as the Tennis Club in Fort Lauderdale, Petitioner visited the Venice Cove apartment complex, also in Fort Lauderdale, in the summer of 2002.

  3. Deciding that she liked Venice Cove, Petitioner applied for a one bedroom apartment on September 16, 2002. In accordance with its customary practice, Respondent obtained a credit report and learned that Petitioner owed a utility payment, possibly a cable television box. Respondent advised Petitioner that she would have to satisfy this debt to rent an apartment, and Petitioner did so.

  4. At some point, Petitioner decided that she wanted a two bedroom/two bathroom apartment, and Respondent tentatively assigned her a unit of this type, pending final approval of her application to lease. Petitioner changed her preferences for type of apartment several times. Respondent was able to accommodate immediately all but one of these preferences.

  5. In early December, Petitioner mentioned to Respondent's representative that she was being evicted from the Tennis Club. This is the first time that Petitioner disclosed any eviction to Respondent.

  6. Examining the file, Respondent's representative realized that she had failed to order the more thorough credit report that Respondent had been using since November 2002. This report would reveal evictions, among other things.

  7. Respondent's representative ordered the more thorough credit report, which revealed that Respondent had been evicted three times. Respondent's policy precluded renting to a person with this rental history, and Respondent's representative promptly informed Petitioner that she was denying Petitioner's application.

  8. There is no evidence whatsoever that Respondent denied Petitioner's application on the basis of Petitioner's race or any disability from which she may suffer.

    CONCLUSIONS OF LAW


  9. The Division of Administrative Hearings has jurisdiction over the subject matter. §§ 120.569, 120.57(1), and 760.35(3), Fla. Stat. (2004).

  10. Section 760.23(1), Florida Statutes, provides:


    It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, handicap, familial status, or religion.


  11. Pursuant to Section 769.34(5), Florida Statutes, Petitioner has the burden of proving a violation of the statute.

  12. Petitioner has failed to prove that race or disability played any role whatsoever in Respondent's decision not to rent an apartment to Petitioner. To the contrary, it appears clear that Petitioner's poor rental history resulted in Respondent's decision not to rent an apartment to her.

RECOMMENDATION


It is


RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing Petitioner's Housing Discrimination Complaint.

DONE AND ENTERED this 29th day of October, 2004, in Tallahassee, Leon County, Florida.

S

ROBERT E. MEALE

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 29th day of October, 2004.

COPIES FURNISHED:


Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301


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

Tallahassee, Florida 32301


Elvira Williams

1515 Northwest 2nd Avenue

Fort Lauderdale, Florida 33311


Kristine A. Sawyers

Law Offices of Lowenhaupt & Sawyers 7765 Southwest 87th Avenue

Suite 201

Miami, Florida 33173


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 must be filed with the agency that will issue the final order in this case.


Docket for Case No: 04-002860
Issue Date Proceedings
Jan. 20, 2005 Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
Nov. 29, 2004 Letter to DOAH from E. Williams enclosing copies of e-mail from S. Bourassa filed.
Nov. 24, 2004 Letter to P. Goombs from E. Williams requesting medical assistance filed.
Nov. 10, 2004 Answers to Proposed Findings of Fact filed by Petitioner.
Oct. 29, 2004 Proposed Findings of Fact (filed by Respondent via facsimile).
Oct. 29, 2004 Recommended Order (hearing held September 21, 2004). CASE CLOSED.
Oct. 29, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 21, 2004 CASE STATUS: Hearing Held.
Sep. 17, 2004 Order Granting Motion to Allow Telephonic Testimonry.
Sep. 15, 2004 (Proposed) Order Allowing Telephonic Appearance (filed via facsimile).
Sep. 15, 2004 Motion to Allow Telephonic Appearance (filed by Respondent via facsimile).
Sep. 01, 2004 Letter to Capital Reporting Service, Inc. from D. Crawford requesting the services of a court reporter (filed via facsimile).
Aug. 30, 2004 Notice of Hearing (hearing set for September 21, 2004; 9:00 a.m.; Lauderdale Lakes, FL).
Aug. 20, 2004 Response to Initial Order (filed by Petitioner via facsimile).
Aug. 19, 2004 Respondent`s Answer to Initial Order (filed via facsimile).
Aug. 16, 2004 Response to Initial Order (filed by Petitioner via facsimile).
Aug. 16, 2004 Initial Order.
Aug. 13, 2004 Letter to D. Daniel from E. Williams regarding recepit of Determination filed.
Aug. 13, 2004 Letter to Ms. Williams from R. Rossman regarding receipt of reply to the Determination filed.
Aug. 13, 2004 Determination of No Reasonable Cause filed.
Aug. 13, 2004 Housing Discrimination Complaint filed.
Aug. 13, 2004 Transmittal of Petition filed by the Agency.

Orders for Case No: 04-002860
Issue Date Document Summary
Jan. 19, 2005 Agency Final Order
Oct. 29, 2004 Recommended Order Petitioner failed to prove housing discrimination against her based upon race or disability. The decision not to rent to her was based upon the discovery that she had been evicted three times in the past.
Source:  Florida - Division of Administrative Hearings

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