STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ESTELLA SMITH, HUD Case No. 04-11-0340-8

Petitioner, FCHR Case No. 2011H0199

v. DOAH Case No. 11-1619

SARASOTA HOUSING AUTHORITY, FCHR Order No. 11-084

Respondent.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Estella Smith filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Sarasota Housing Authority committed discriminatory housing practices by failing to make a reasonable accommodation for Petitioner’s alleged handicap and by discriminating against Petitioner based on her alleged handicap by terminating

Petitioner’s Section 8 housing voucher.

The allegations set forth in the complaint were investigated, and, on February 21, 2011, 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 Sarasota and Tallahassee, Florida, on July 25, 2011, before Administrative Law Judge Lynne A. Quimby-Pennock.

Judge Quimby-Pennock issued a Recommended Order of dismissal, dated August 17, 2011.

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

Filed November 3, 2011 8:52 AM Division of Administrative Hearings

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Mack v. Agency for Persons with Disabilities, FCHR Order No. 11-026 (March 17, 2011), Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach- Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and

Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004).

We adopt the Administrative Law Judge’s findings of fact.

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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 3rd day of November , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson; Commissioner Gayle Cannon; and Commissioner Billy Whitefox Stall

Filed this 3rd day of November , 2011, in Tallahassee, Florida.

/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Estella Smith

c/o Elizabeth M. Boyle, Esq. Gulfcoast Legal Services, Inc.

Glasser Schoenbaum Human Services Center 1750 17th Street, Unit I

Sarasota, FL 34234

Sarasota Housing Authority c/o Ricardo L. Gilmore, Esq.

Saxon, Gilmore, Carraway and Gibbons, P.A. 201 East Kennedy Boulevard, Suite 600

Tampa, FL 33602

Lynne A. Quimby-Pennock, 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 3rd day of November , 2011.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 11-001619

Orders for Case No: 11-001619