STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

JACK WILSON, HUD Case No. 04-20-0509-8

Petitioner, FCHR No. 202022695

v. DOAH No. 20-3016

SCANDINAVIAN PROPERTIES, LLC, FCHR Order No. 21-025 CECILIA C. RENES, AND LUCIA

BOURGUINE

Respondents.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

On January 15, 2020, Petitioner, Jack Wilson, filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2019), alleging that Respondents, Scandinavian Properties, LLC, Cecilia C. Renes, and Lucia Bourguine, committed discriminatory housing practices against Complainant on the basis of disability.

The allegations set forth in the complaint were investigated, and, on April 23, 2020, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.

On May 29, 2020, Petitioner filed a Petition for Relief from a Discriminatory Housing Practice, and, on July 6, 2020, the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

A final evidentiary hearing took place on December 2, 2020, before Administrative Law Judge Robert E. Meale, via Zoom conference.

On January 13, 2021, Judge Meale issued a Recommended Order, which would result in a dismissal of the Petition for Relief.

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 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 al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). 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., d/b/a Holy Land Experience, FCHR Order No. 11-048 (June 6, 2011), 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.

Filed March 31, 2021 4:07 PM 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 party 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 31

day of

March

, 2021.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario Garza, Panel Chairperson; Commissioner Libby Farmer; and Commissioner Larry Hart

Filed this

31 day of

March

, 2021, in Tallahassee, Florida.

Clerk

TammyBarton

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Jack Wilson

17560 Atlantic Boulevard

Apartment 515

Sunny Isles Beach, FL 33160

Scandinavian Properties, LLC Cecilia C. Renes

Lucia Bourguigne

c/o Philip Kim, Esquire Pensky & Kim

12550 Biscayne Boulevard, Suite 401 North Miami, FL 33181

Robert E. Meale, Administrative Law Judge, DOAH Sarah Stewart, Legal Advisor for Commission Panel

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

addressees this

31 day of

March

, 2021.

By:

Tammy Barton

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 20-003016

Orders for Case No: 20-003016