STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

STANLEY BYRDSELL, HUD Case No. 04-13-0170-8

Petitioner, FCHR No.

v. 13-2584

HOMEOWNERS ASSOCIATION OF EAGLE CREEK, INC.,

FCHR Order No. 15-007

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E

Preliminary Matters

Petitioner Stanley Byrdsell filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes alleging that Respondent Homeowners Association of Eagle Creek, Inc., committed discriminatory housing practices on the basis of Petitioner's race (African American) by not abiding by a verbal agreement in which Petitioner was to work on Respondent's website in exchange for forbearance / forgiveness of Association fees, by contacting local code enforcement officials regarding Petitioner's property, and by calling Petitioner a derogatory name.

The allegations set forth in the complaint were investigated, and, on June

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 Orlando and Tallahassee, Florida, on November before Administrative Law Judge William

F. Quattlebaum.

Judge Quattlebaum issued a Recommended Order of dismissal, dated December 15,2014.

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

Filed February 12, 2015 3:05 PM Division of Administrative Hearings

FCHR Order No. 15-007 2

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v. Daytona Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10, 2014), Gantz, et al. v. Zion's Hope, Inc., Holy Land Experience, FCHR Order No.

(June 6, and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008).

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

Conclusions of Law

We 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 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this 2015.

FOR THE FLORIDA COMMISSION ON HUMAN

Commissioner Michael Keller, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna

Filed this of

in Tallahassee, Florida.

FCHR Order No. 15-007

Page 3

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Stanley Byrdsell

Post Office Box 1645 Windermere, FL 34786

Homeowners Association of Eagle Creek, Inc.

c/o Sarah Elizabeth Gammon, Esq. Karen Wonsetler,

860 North Orange Avenue, Suite Orlando, FL

William F. Quattlebaum, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy foregoing has been mailed to the above

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 13-002584

Orders for Case No: 13-002584