STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

PETRELLA, HUD Case No.

Petitioner, FCHR No.

v. DOAH No. 16-2034

ARLEN HOUSE CONDOMINIUM ASSOCIATION,

FCHR Order No. 16-056

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E

Preliminary Matters

Petitioner Concertina Petrella filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes alleging that Respondent Arlen House Condominium Association committed a discriminatory housing practice on the basis of the disability of Petitioner's son by failing to provide a requested reasonable accommodation.

The allegations set forth in the complaint were investigated, and, on March 8,

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 Lauderdale Lakes and Tallahassee, Florida, on June 23, before Administrative Law Judge Robert L. Kilbride.

Judge Kilbride issued a Recommended Order of dismissal, dated August 31,

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 10, 2016 3:28 PM Division of Administrative Hearings

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 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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Jay Pichard

in Tallahassee, Florida.

,2016,

Clerk

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

Copies furnished to:

Petrella

c/o Richard Irving Esq. Richard I . Korman,

407 Lincoln Road, Ste. 8R Miami Beach, FL 33139

House Condominium Association c/o John Cody German, Esq.

c/o Rebecca R. Anguiano, Esq. Cole, Scott & Kissane, P.A.

South Dadeland Blvd., Ste. 1400 Miami, FL

Robert L. Kilbride, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-002034

Orders for Case No: 16-002034