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JUDITH AMADIZ vs SUNBEACH APTS. CORP., 11-003975 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003975 Visitors: 27
Petitioner: JUDITH AMADIZ
Respondent: SUNBEACH APTS. CORP.
Judges: JUNE C. MCKINNEY
Agency: Commissions
Locations: Miami, Florida
Filed: Aug. 08, 2011
Status: Closed
Recommended Order on Thursday, August 16, 2012.

Latest Update: Nov. 13, 2012
Summary: The issues are whether Respondent discriminated against Petitioner by not providing a reasonable accommodation, steam cleaning the apartment after the sprinkler head broke, that Petitioner was entitled to, and Respondent was required to provide, and, if so, whether Petitioner should receive damages as a result of Respondent's failure to provide Petitioner with a reasonable accommodation.Petitioner failed to demonstrate she was entitled to a reasonable accommodation that Respondent was required t
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


JUDITH AMADIZ, HUD Case No. 04-10-1540-8


Petitioner, FCHR Case No. 2011H0047


v. DOAH Case No. 11-3975


SUNBEACH APTS. CORP., FCHR Order No. 12-053


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE


Preliminary Matters


Petitioner Judith Amadiz filed an amended housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Sunbeach Apts. Corp. committed discriminatory housing practices on the bases of Petitioner’s National Origin (non-Hispanic) and disability / handicap by making a statement indicating a preference for Hispanic residents, and by failing to accommodate Petitioner’s disability by failing to steam clean Petitioner’s apartment after it had been flooded.

The allegations set forth in the complaint were investigated, and, on November 17, 2010, the Executive Director issued a determination finding that there was 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 Miami and Tallahassee, Florida, on May 9, 2012, before Administrative Law Judge June C. McKinney.

Judge McKinney issued a Recommended Order of dismissal, dated August 16,

2012.

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


We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence

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


Filed November 13, 2012 8:30 AM Division of Administrative Hearings


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 Amended 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 30th day of October , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michell Long; and

Commissioner Mario M. Valle


Filed this 30th day of October , 2012, 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:


Judith Amadiz

3120 Collins Avenue, Apt. 604 Miami Beach, FL 33140


Sunbeach Apts. Corp. c/o Juan C. Zorrilla, Esq.

Zorrilla and Associates, P.L.

2600 Douglas Road, Penthouse 10 Coral Gables, FL 33134


June C. McKinney, 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 30th day of October , 2012.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 11-003975
Issue Date Proceedings
Nov. 13, 2012 Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
Oct. 26, 2012 Amended Motion for Withdrawal of Notice of Appearance filed.
Oct. 25, 2012 Motion for Withdrawal of Notice of Appearance filed.
Oct. 25, 2012 Notice of Appearance (S. Stewart) filed.
Oct. 09, 2012 Respondent, Sunbeach Apartments Corporation's Motion for Award of Attorneys' Fees and Costs against State of Florida, Florida Commission on Human Relations filed. (DOAH CASE NO. 12-3287F ESTABLISHED)
Aug. 16, 2012 Recommended Order (hearing held May 9, 2012). CASE CLOSED.
Aug. 16, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 16, 2012 Transcript (not available for viewing) filed.
Jul. 19, 2012 (Proposed) Recommended Order filed.
Jul. 16, 2012 Respondent, Sunbeach's Agreed Motion for a 2-day Enlargement of time to Submit Proposed Recommended Orders filed.
Jul. 16, 2012 (Petitioner's Proposed) Recommended Order filed.
Jun. 29, 2012 Order Granting Extension of Time.
Jun. 29, 2012 Respondent, Sunbeach's Agreed Motion to Enlarge Time to Submit Proposed Recommended Order filed.
Jun. 15, 2012 Transcript (not available for viewing) filed.
Jun. 13, 2012 Respondent, Sunbeach Apts. Corp's Notice of Filing Transcript of Final Hearing on May 9, 2012 filed.
May 09, 2012 CASE STATUS: Hearing Held.
May 09, 2012 Petitioner's Additional (Proposed) Exhibit filed.
May 09, 2012 Petitioner, Notice of Additional Filing (Proposed) Exhibit Pursuant to Final Hearing Scheduled by Order filed.
May 08, 2012 Respondent, Sunbeach's Notice of Supplemental Filing of Exhibits for Final Hearing Scheduled on May 9, 2012 filed.
May 07, 2012 Respondent, Sunbeach's Notice of Filing Exhibits Pursuant to Final Hearing Scheduled by Order (exhibits not available for viewing).
May 07, 2012 (Petitioner's Proposed Exhibits) filed.
May 07, 2012 Petitioner, Notice of (Proposed) Exhibits Pursuant to Final Hearing Scheduled by Order filed.
May 07, 2012 Petitioner, Response to Respondent, Sunbeach's Submission of Pre-hearing Stipulation filed.
May 07, 2012 Respondent, Sunbeach's Pre-hearing Stipulation filed.
May 04, 2012 Respondent, Sunbeach's Notice of Filing Exhibits Pursuant to Final Hearing Scheduled By Order filed.
May 03, 2012 Amended Notice of Hearing by Video Teleconference (hearing set for May 9, 2012; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Video Hearing and Hearing Locations).
Mar. 29, 2012 Notice of Change of Address filed.
Mar. 26, 2012 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 19, 2012 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 12, 2012 Undeliverable envelope returned from the Post Office.
Mar. 09, 2012 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Mar. 09, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 9, 2012; 9:00 a.m.; Miami, FL).
Mar. 06, 2012 Respondent, Sunbeach's Notice of No Opposition to Petitioner, Judith Amadiz's Request for Postponement filed.
Mar. 05, 2012 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 01, 2012 Order of Pre-hearing Instructions.
Mar. 01, 2012 Request for Postponement filed.
Feb. 08, 2012 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Feb. 08, 2012 Amended Notice of Hearing (hearing set for March 21, 2012; 9:00 a.m.; Miami, FL; amended as to Certified Mail ).
Feb. 06, 2012 Order Re-scheduling Hearing (hearing set for March 21, 2012; 9:00 a.m.; Miami, FL).
Jan. 19, 2012 Letter to Judge McKinney from J. Amadiz regarding a formal request to represent myself filed.
Dec. 13, 2011 Order Granting Motion to Withdraw as Counsel and Placing Case in Abeyance (parties to advise status by January 25, 2012).
Dec. 12, 2011 Motion to Withdraw as Counsel of Record filed.
Dec. 08, 2011 Respondent, Sunbeach's Agreed Motion to Continue Video Teleconference Hearing filed.
Dec. 06, 2011 Notice of Appearance as Co-counsel (filed by Sarah Juliet Purdy Stewart).
Dec. 06, 2011 Amended Order Re-scheduling Hearing by Video Teleconference (hearing set for December 14, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Dec. 06, 2011 Petitioner's Unilateral Pre-hearing Statement filed.
Nov. 17, 2011 Undeliverable envelope returned from the Post Office.
Nov. 17, 2011 Undeliverable envelope returned from the Post Office.
Oct. 11, 2011 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Oct. 11, 2011 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 14, 2011; 9:00 a.m.; Miami, FL).
Oct. 04, 2011 Respondent, Sunbeach's Agreed Motion to Continue Video Teleconference Hearing filed.
Sep. 27, 2011 Respondent, SunBeach's Answer to Petition for Relief filed.
Sep. 27, 2011 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Sep. 26, 2011 Undeliverable envelope returned from the Post Office. Address corrected and NOH remailed 9/27/11
Sep. 06, 2011 Certified Return Receipt received this date from the U.S. Postal Service.
Aug. 23, 2011 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Aug. 23, 2011 Order of Pre-hearing Instructions.
Aug. 23, 2011 Notice of Hearing by Video Teleconference (hearing set for October 12, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Aug. 16, 2011 Unilateral Response to Initial Order filed.
Aug. 08, 2011 Initial Order.
Aug. 03, 2011 Petitioner's Motion to Re-open Case filed. (FORMERLY DOAH CASE NO. 11-1139)
Mar. 03, 2011 Amended Housing Discrimination Complaint filed.
Mar. 03, 2011 Determination filed.
Mar. 03, 2011 Notice of Determination (Cause) filed.
Mar. 03, 2011 Notice of Failure of Conciliation filed.
Mar. 03, 2011 Petition for Relief filed.
Mar. 03, 2011 Transmittal of Petition filed by the Agency.

Orders for Case No: 11-003975
Issue Date Document Summary
Oct. 30, 2012 Agency Final Order
Aug. 16, 2012 Recommended Order Petitioner failed to demonstrate she was entitled to a reasonable accommodation that Respondent was required to provide and is therefore not entitled to damages.
Source:  Florida - Division of Administrative Hearings

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