STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ERIC AND NORA GROSS, HUD No. 04-14-0751-8

Petitioners, FCHR Case No.

v. DOAH Case No. 14-4997

ROYAL ARMS VILLAS CONDOMINIUM, INC.,

FCHR Order No. 15-030

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E

Preliminary Matters

Eric and Nora Gross filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes alleging that Respondent Royal Arms Villas Condominium, Inc., committed a discriminatory housing practice on the basis of Petitioner Erich disability / handicap and on the basis of retaliation for filing an earlier housing discrimination complaint, by taking action to achieve the nonrenewal of Petitioners' lease of a unit from a unit owner.

The allegations set forth in the complaint were investigated, and, on September 24, 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 in Ft. Myers, Florida, on January 27, before Administrative Law Judge Lynne A. Quimby-Pennock.

Judge Quimby-Pennock issued a Recommended Order of dismissal, dated March 17, 2015.

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 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 May 26, 2015 3:13 PM Division of Administrative Hearings

FCHR Order No. 15-030 2

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

Respondent filed exceptions to the Administrative Law Judge's Recommended Order, in a document received by the Commission on or about March

Respondent's exceptions document contains two exceptions, which take exception to the Recommended Order failing to state that, ".. facts are such that Respondent has a right to recover its reasonable attorney's fees and costs on two separate bases i f it is the prevailing party, under the Conciliation Agreement as the prevailing party in an action involving the interpreting of the Agreement, and under the Association's Declaration of Condominium as the prevailing party against the non-prevailing party in an action."

The Commission does not have the authority to award attorney's fees and costs to a prevailing Respondent in a case brought pursuant to the Fair Housing Act. v.

Tregate East Condo Inc., FCHR Order No. 10-053 (June 24, 2010).

Enforcement of a settlement agreement is not within the jurisdiction conferred upon the Commission by the Florida Statutes. See, generally, Wunderlich v.

Communities, Inc., FCHR Order No. 08-040 (July 1, 2008).

Whether Respondent has the right to an award of attorney's fees and costs under the referenced Conciliation Agreement or the referenced Declaration of Condominium is not an issue appropriate for this forum to decide.

Respondent's exceptions are rejected.

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 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 day of

FOR THE FLORIDA COMMISSION ON RELATIONS:

FCHR Order No. 15-030

Page 3

Commissioner Michael Keller, Panel Chairperson; Commissioner Onelia and Commissioner J. Jeff Graber

Filed / day of , 2015, in Tallahassee, Florida.

'

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

Copies furnished to:

Erich Gross Nora Gross

209 Yorkshire Court

FL 34112

Royal Arms Villas Condominium, Inc. c/o Peter M. Starling, Esq.

c/o Meredith A. Peck, Esq. Peck and Peck, P.A.

5200 Trail North, Ste.

FL 34103

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 day of

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 14-004997

Orders for Case No: 14-004997