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YANIRA SANTONI vs PARADISE ONE REALTY, 16-003611 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003611 Visitors: 8
Petitioner: YANIRA SANTONI
Respondent: PARADISE ONE REALTY
Judges: J. BRUCE CULPEPPER
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Jun. 27, 2016
Status: Closed
Recommended Order on Wednesday, January 25, 2017.

Latest Update: Apr. 21, 2017
Summary: Whether Respondent, Paradise One Realty, discriminated against Petitioner, Yanira Santoni, in violation of the Florida Fair Housing Act; and, if so, the relief to which Petitioner is entitled.Petitioner failed to prove, by a preponderance of the evidence, that she was subject to unlawful discrimination on the basis of her religion in violation of the Florida Fair Housing Act.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


YANIRA SANTONI. HUD Case No.


Petitioner, FCHR Case No.


v. DOAH No.

PARADISE ONE REALTY, FCHR Order No.


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM A DISCRIMINATORY HOUSING PRACTIC E


Preliminary Matters


Petitioner Yanira Santoni filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2014), alleging that Respondent Paradise One Realty committed a discriminatory housing practice on the basis of Petitioner's religion (Santeria) by failing to renew Petitioner's lease on a dwelling she had been renting.

The allegations set forth in the complaint were investigated, and, on June 1,

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 Orlando, Florida, on October before Administrative Law Judge J. Bruce Culpepper.

Judge Culpepper issued a Recommended Order of dismissal, dated January 25,

2017.

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 April 21, 2017 8:00 AM Division of Administrative Hearings


FCHR Order No. Page 2


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 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


Filed day of , 2017, in Tallahassee, Florida.


Clerk

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

(850) 488-7082


FCHR Order No. 17-028

Page 3


Copies furnished to:


Santoni

c/o Tushaar Desai, Esq. Desai Law,

East Robinson Street Orlando, FL 32803


Paradise One Realty

c/o John W. Bolanovich, Esq. Bogin Munns & Munns, P.A.

Legion Place - Gateway Center

Suite


Orlando, FL 32801


J. Bruce Culpepper, Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


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


Clerk of the

Florida Commission on Human Relations


Docket for Case No: 16-003611
Issue Date Proceedings
Apr. 21, 2017 Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
Jan. 25, 2017 Recommended Order (hearing held October 18, 2016). CASE CLOSED.
Jan. 25, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 10, 2017 Notice of Change of Physical Address for Attorney for Defendant filed.
Dec. 02, 2016 Certificate of Service (on Respondent's Proposed Finding of Fact as to Date) filed.
Dec. 01, 2016 Respondent's Proposed Findings of Fact and Conclusions of Law filed.
Nov. 22, 2016 Notice of Filing Transcript.
Nov. 21, 2016 Transcript of Proceedings (not available for viewing) filed.
Nov. 21, 2016 Letter to Judge (regarding the Proposed Recommended Order) filed.
Nov. 21, 2016 (Proposed) Recommended Order filed.
Nov. 21, 2016 (Petitioner`s) Proposed Recommended Order filed.
Oct. 25, 2016 Respondent's Notice of Filing Written Certification of Oath for Witness Geil Fontanez filed.
Oct. 18, 2016 Notice of Appearance (Tushaar Desai) filed.
Oct. 18, 2016 CASE STATUS: Hearing Held.
Oct. 17, 2016 Order Granting Respondent's Witness (Geil Fontanez) to be Sworn Remotely.
Oct. 14, 2016 Respondent's Motion for Order Allowing Witness Geil Fontanez to be Remotely Sworn in at Beginning of Proceedings for her Testimony Remotely via Telephone Later in Day filed.
Oct. 12, 2016 Court Reporter Requested filed.
Aug. 31, 2016 Order Allowing Testimony by Telephone.
Aug. 29, 2016 Respondent's Notice of Request for Copy of Hearing Transcript filed.
Aug. 29, 2016 Respondent's Motion for Order Allowing Witness Geil Fontanez to Testify Telephonically at Hearing filed.
Aug. 29, 2016 Respondent's Motion for Subpoenas to be Issued on its Behalf filed.
Aug. 26, 2016 Notice of Hearing (hearing set for October 18, 2016; 10:30 a.m.; Orlando, FL).
Aug. 25, 2016 Respondent's Notice to Commission of Reasons for Unavailability on September 15 & September 23, 2016 for the Hearing in this Matter filed.
Aug. 19, 2016 Notice of Ex-parte Communication.
Aug. 18, 2016 Letter to John Bolanovich from Yanira Santoni regarding settlement of case filed.
Aug. 18, 2016 Respondent's Response to Order Granting Continuance filed.
Aug. 15, 2016 Respondent's Witness List filed.
Aug. 12, 2016 Letter to Judge Culpepper from Yanira Santoni requesting a new date for hearing filed.
Aug. 09, 2016 Letter to Judge Culpepper from Yanira Santoni requesting a new date for hearing filed.
Aug. 08, 2016 Order Granting Continuance (parties to advise status by August 18, 2016).
Aug. 08, 2016 Notice of No Objection to Continuance filed.
Aug. 04, 2016 Affidavit of Lizette Pagan filed.
Aug. 01, 2016 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 26, 2016 Subpoena Duces Tecum (Lizette Pagan) filed.
Jul. 25, 2016 Notice of Ex-parte Communication.
Jul. 25, 2016 Petitioner's witness list filed.
Jul. 15, 2016 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jul. 15, 2016 Order of Pre-hearing Instructions.
Jul. 15, 2016 Notice of Hearing (hearing set for August 23, 2016; 10:00 a.m.; Orlando, FL).
Jul. 11, 2016 Notice of Transfer.
Jun. 28, 2016 Initial Order.
Jun. 27, 2016 Housing Discrimination Complaint filed.
Jun. 27, 2016 Determination filed.
Jun. 27, 2016 Notice of Determination of No Cause filed.
Jun. 27, 2016 Petition for Relief filed.
Jun. 27, 2016 Transmittal of Petition filed.

Orders for Case No: 16-003611
Issue Date Document Summary
Apr. 20, 2017 Agency Final Order
Jan. 25, 2017 Recommended Order Petitioner failed to prove, by a preponderance of the evidence, that she was subject to unlawful discrimination on the basis of her religion in violation of the Florida Fair Housing Act.
Source:  Florida - Division of Administrative Hearings

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