The Issue Whether Respondent, IMT-LB Central Florida Portfolio, LLC (Respondent), committed a discriminatory practice in violation of Chapter 760, Florida Statutes (2009).1
Findings Of Fact Respondent owns and/or operates a residential rental property located at 4400 Martin’s Way, Orlando, Florida. The property, identified in this record as Village Park Apartments (Village Park), consisted of a two-story, multi-building, multi- apartment complex. Sometime in late October 2009, Petitioner leased an apartment at Village Park. Petitioner’s apartment was on the second floor and no other apartments were above his. Petitioner’s lease agreement required that Petitioner obtain and provide public utilities for his apartment. Although Petitioner claims he did not timely receive a copy of his lease in order to be on notice of this provision, the record is clear that after Petitioner became aware of the provision, he did not obtain public utilities for the apartment. Shortly after Petitioner received a bill for utility service for his apartment from Respondent in December 2009, Petitioner complained to governmental authorities about conditions at the apartment complex. With regard to the conditions of his living unit, Petitioner maintained there was a roof leak, a vanity pipe leak, and a non-working toilet. Ms. Johnson, an inspector for the City, came out to Village Park and inspected the unit. She found that the toilet and vanity required repair. She further determined that Respondent would need to get a certified roofing person to verify the condition of the roof, and to certify to the City that the roof was water tight. It was Ms. Johnson’s position that water damage was evident on the ceiling in Petitioner’s unit, and that Respondent would need to get a certified roofing person to verify the condition of the roof, as well as someone to restore the interior of Petitioner’s unit by repairing and/or painting the ceiling. An inspector from the Orange County Health Department also visited Village Park concerning a complaint about rats at the dumpster. Respondent timely addressed the rodent issue and the property is under contract with an extermination company that provides appropriate rodent deterrence. Respondent timely repaired the vanity leak and the toilet issue in Petitioner’s apartment. The roof issue, however, was not quickly resolved. Initially, Petitioner refused to allow Respondent into the unit to repair the ceiling. Ms. Johnson advised Petitioner that he would have to allow Respondent entry in order for them to be able to fix the ceiling and restore it to an appropriate condition. According to Ms. Johnson, the ceiling in Petitioner’s unit did not collapse as alleged by Petitioner. Ms. Johnson also noted that there was debris around the dumpster at Village Park. She was favorably impressed with the speed with which the maintenance crew cleaned up the mess at the dumpster site. Despite some delays in getting the roof inspection completed to Ms. Johnson’s satisfaction, all issues with Petitioner’s unit were resolved to the City’s satisfaction. Concurrent with the repair timeline to Petitioner’s unit, Respondent filed an eviction proceeding against Petitioner. That action progressed through the court, through mediation, and resulted in a stipulated settlement agreement. The Landlord/Tenant Stipulation was executed on January 27, 2010, and provided, in pertinent part: Defendant [Petitioner] agrees to place utilities in his own name at OUC no later than Feb. 3, 2010. * * * Defendant agrees to allow Plaintiff [Respondent] to enter his apartment for repairs on Feb. 1, 2010 between 9:00 a.m. and 5:00 p.m. Petitioner failed to abide by the terms of the stipulation. Ultimately the court issued a Final Judgment for Possession and Writ of Possession for Petitioner’s unit. Petitioner's claim that the eviction process was retaliation for the complaints made to the county and city authorities, belies the fact that Petitioner failed to honor the terms of the lease, and the stipulation reached in the eviction proceeding. Petitioner’s race was not directly or indirectly involved in any manner. Nor was Petitioner treated less favorably than a similarly situated party not of Petitioner’s race.
Findings Of Fact The Lake Breeze Motel sign was erected in 1968 or before and was issued tags for the years including 1971. Up to and including the year 1971 Petitioner sent notices to the owner of the sign that renewal of the permit was required and Respondent remitted the appropriate fee for each of those years. No further notices that the permit had to be renewed was received from Petitioner in subsequent years. In 1976 Respondent was told by another sign owner that the sign needed a current tag and he applied to Petitioner for a permit. This application was denied by Petitioner. Respondent verbally (over the telephone) told Petitioner's sign representative that he desired a hearing on the denial but nothing further was forthcoming from Petitioner until the Notice of Alleged Violation dated 16 May 1978 was issued. The Lake Breeze Motel sign is located on U.S. 27 some 9.4 miles south of the Polk County line. U.S. 27 is a federal-aid primary highway. Approximately 400 feet from Respondent's sign, and on the same side of the highway is a sign owned by Highway Display which is currently permitted. The Highway Display sign was erected in 1972, some 4 years after Respondent's sign was initially permitted. The Lake Breeze Motel is located approximately 6 miles off U.S. 27 and the sign is essential to provide motorists directions from U.S. 27 to the motel.
The Issue The issue in this case is whether Respondents, The Fourth Bayshore Condominium Association, Inc. (“Bayshore”), Karl Stemmler (“Stemmler”), and/or Richard Grove (“Grove”), discriminated against Petitioner, Robert Pagano (“Pagano"), on the basis of his physical handicap in violation of the Florida Fair Housing Act.
Findings Of Fact Pagano is a Caucasian male who is handicapped by virtue of medical complications which resulted in the amputation of his left leg in March 2008. He has been confined to a wheelchair since that time. At all times relevant hereto, Pagano was renting a condominium unit at Bayshore. In January 2012, Pagano saw another unit at Bayshore advertised for rent. He called Grove, listed as the owner of the unit, and inquired about renting the property. Grove told Pagano that a key to the unit would be left under a mat between the screen door and front door on January 19, 2012. On that day, Pagano went to inspect the unit, accompanied by a friend, Philip Saglimebene. Upon arrival at the unit, Pagano and his friend began looking for the hidden key, but could not find it. They apparently made some noise while searching for the key, because they were confronted by Stemmler. According to Pagano, Stemmler began asking them in unfriendly terms who they were and what they were doing at the unit. The friend then told Stemmler they were looking for a key so they could go in and inspect the unit as Pagano was interested in renting it from Grove. Stemmler, supposedly identifying himself as a “building representative,” said there was no key to be found. He also reputedly told Pagano and his friend that they would not need a key anyway, “because you are not moving in.” When the friend explained that the unit was for Pagano, not him, Stemmler allegedly said that Pagano was not moving in either because he was an “undesirable.” When asked to explain that comment, Stemmler purportedly said, “He just is; that’s all you need to know.” (None of Stemmler’s comments were verified by competent evidence and, without verification or support, cannot be relied upon to make a finding of fact in this case.) Pagano believes Stemmler’s purported comments were based on the fact that he (Pagano) has long hair and a beard and does not fit into the conventional norm at Bayshore. He also believes that his handicap served as a basis for Stemmler’s alleged comments. There was no credible evidence presented at final hearing to substantiate Pagano’s suppositions. Grove had put his condominium unit up for rent at the beginning of the year. When Pagano called to inquire about it, Grove – who lives out-of-state – notified a friend to leave a key under the mat, as described above. That friend simply forgot to leave a key at the unit on the designated date. Grove knew nothing about Pagano’s interaction with Stemmler. Grove had not spoken to Stemmler prior to the day he and Pagano had their interaction. Stemmler had no authority to speak for Grove or to make a decision concerning to whom Grove would rent his condominium unit. Subsequent to the day Pagano visited the unit, Grove took the unit off the rental market because his wife decided to use the unit to house family and friends rather than renting it out to someone else. It took several weeks for the rental advertisement for the unit to be removed from a locked bulletin board at Bayshore. Grove said that if the unit ever went back on the market, he would call Pagano first about renting it, i.e., Grove had no opposition whatsoever to Pagano’s being a tenant. Van Buren, president of Bayshore, explained that the condominium association utilizes the support of voluntary building representatives to assist with security and minor maintenance at Bayshore. The volunteers, who are generally seasonal residents at Bayshore, do not hold keys to individual units and have no authority to grant or deny an applicant’s request to rent a unit. Stemmler is one of many building representatives who resides part-time at Bayshore. Pagano does not know of any non-handicapped individual who was allowed to rent a unit at Bayshore to the exclusion of himself or any other handicapped person. In fact, Pagano currently resides in another unit at Bayshore; he is already a resident there.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Robert Pagano in its entirety. DONE AND ENTERED this 5th day of September, 2012, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 2012.
The Issue The issues in this case are whether Respondents unlawfully discriminated against Petitioners on the basis of race, or retaliated against them for exercising a protected right, or both, in violation of the Florida Fair Housing Act.
Findings Of Fact Because no evidence was admitted into the record at the final hearing, the undersigned cannot make any findings of fact. § 120.57(1)(j), Fla. Stat. (“Findings of fact shall be based … exclusively on the evidence of record and on matters officially recognized.”).
Recommendation Based on the foregoing Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order finding Respondents not liable for housing discrimination and awarding Petitioners no relief. DONE AND ENTERED this 27th day of October, 2020, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 2020. COPIES FURNISHED: Antonio Carraway Whang Carraway 1406 Southwest Osprey Cove Port St. Lucie, Florida 34986 (eServed) Jillian Sidisky, Esquire Stefanie S. Copelow, Esquire Cole, Scott & Kissane, P.A. 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 (eServed) Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed)
The Issue The issue in this proceeding is whether Respondents committed discriminatory housing practices against Petitioners based on their familial status.
Findings Of Fact The Petitioners appeared but presented no evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 3rd day of October, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 3rd day of October, 2008.
The Issue The issue presented by the Motion and supplemental Motion to Dismiss is whether the Golden Gate Area Taxpayers Association (Association) has standing to maintain this challenge to the applications for consumptive use permits sought by Collier County (County) and the City of Naples (City) from the South Florida Water Management District (District).
Findings Of Fact The County filed its application number 08158A with the District for modification of consumptive use permit number 11-00249-W, on or about August 15, 1988. The City filed its application number 08137-H with the District for modification of consumptive use permit numbers 11-00017-W & 11-00018-W, on or about August 15, 1988. After review, the District staff issued its recommendation to grant the County and City's consumptive use permit applications, with limiting conditions, on or about January 24 and 25, 1989. The Association filed its Petition and Amended Petition herein on February 8, 1989, and March 6, 1989, respectively, challenging the issuance of these consumptive use permits. The Association did not allege any basis upon which standing could be established in its Petition or Amended Petition. There is no allegation in either document which describes the Association, alleges its purpose, scope or interest, the number of members in the Association and the number of its members adversely affected by the issuance of these permits, or the reason why the relief sought is appropriate for it to receive. Discovery was allowed to proceed in order to determine if there was a basis, notwithstanding these deficiencies in the Petition and Amended Petition, upon which the Association could establish its standing at final hearing. The District preserved its right to renew its objection to the Association's standing throughout this proceeding, and timely sought a determination thereon, after discovery had been concluded, but before the commencement of final hearing. This action is specifically maintained by the Association, and not by individual members thereof, or non-member property owners. However, the Association has not asserted that its substantial interests will be adversely affected by issuance of these permits. The Association is not an existing legal user of water in Collier County. The Association does not own, lease or otherwise control lands impacted by the permits sought by the County and City. The membership of the Association varies throughout the year as members pay their annual dues. The current membership of the Association totals 59, according to its Amended Second Response to First Interrogatories from Respondent Collier County filed on October 30, 1989, but it had reached a total membership of approximately 200 at times, according to the President of the Association, as dues are paid each year. The Association alleged in the motion hearing held on October 30, 1989, that 13 of its current members are adversely affected by the proposed issuance of these permits. However, in response to Interrogatories served by Hearing Officer Donnelly, the Association indicated that only 5 members were affected, and in response the District's Interrogatories the Association indicated that 6 of its members were affected. Thus, the Association's estimate of the number of its members who would be affected by issuance of these permits is uncertain, inconsistent, unreliable and lacks credibility. The nature of that adverse effect is stated to be damage to domestic wells, degradation of water quality, and a decline in water quantity, according to affidavits filed by the Association on October 13, 1989, in response to Interrogatories from Hearing Officer Donnelly. The only provision in the Association's by-laws upon which it relies in this proceeding to support its standing is found at Article V, Section 4, which states, "The corporation reserves the right to seek judicial relief in the furtherance of its aims and purpose." The only provision in its articles of incorporation which have been relied upon by the Association in this regard were cited during the motion hearing on October 30, 1989, and provide generally that the Association's purpose is to inform its members about the ongoing activities of government, particularly local government. It is clear that the Association is a taxpayer's association which has taken action in the past regarding tax assessments, and represented the views of its members in matters relating thereto. There is no other allegation or explanation of record regarding the purpose, scope, or interest of the Association, or factors which would support a finding that the relief sought herein is appropriate for the Association to receive on behalf of its members. The Association's exhibit list and amended exhibit list filed herein do not contain any exhibits which would clarify or explain its purpose, scope or interest in these matters, its total membership and number of adversely affected members, or how the relief which it seeks in this proceeding is appropriate for it to receive.
Recommendation Based upon the foregoing, it is recommended that the District issue a Final Order dismissing the Petition, as amended, which has been filed herein by the Association, based upon the Association's lack of standing. DONE AND ENTERED this 22nd of November, 1989 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 22nd of November, 1989. APPENDIX (DOAH Case Number 89-2100) Ruling on the Respondents' Proposed Findings of Fact: 1. Adopted in Finding 6 2-4. Adopted in Finding 9. 5. Adopted in Finding 10. COPIES FURNISHED: Joseph L. Grimm, Director Golden Gate Area Taxpayers Association 3093 52nd Street, S.W. Naples, FL 33999 Mark G. Lawson, Esquire Assistant County Attorney Collier County Courthouse 3301 Tamiami Trail East, Building F Naples, FL 33962-4976 Elizabeth D. Ross, Esquire South Florida Water Management District P. O. Box 24680 West Palm Beach, FL 33416-4680 David W. Rynders, Esquire City of Naples 735 Eighth Street South Naples, FL 33940 John Wodraska Executive Director P. O. Box 24680 West Palm Beach, FL 33416-4680
The Issue The ultimate issues to be resolved in this proceeding are whether the Respondent has committed violations of The Condominium Act, Chapter 718, Florida Statutes, and, if so, the appropriate action that should be taken by the Petitioner. Petitioner contends that the Respondent participated in board of directors' meetings regarding the Golden Lakes Village condominium, without first posting notice of the meetings and without maintaining minutes of the meetings as required by the provisions of The Condominium Act. Respondent denies the allegations.
Findings Of Fact The Respondent, Florida Planned Communities, Inc., is the developer of a condominium known as Golden Lakes Village, Phase B. The affairs of Golden Lakes Village are administered by a board of directors that is controlled by the developer. There are three members of the board. Two are selected by the developer, and one by unit owners within the condominium. The bylaws of the condominium provide that meetings of the board of directors shall be open to all unit owners and that notice of meetings shall be posted conspicuously at the condominium property forty-eight hours in advance of the meeting. The bylaws provide that a quorum of the directors means a majority of the entire board. The bylaws require that minutes of all meetings of the board of directors be kept. The condominium association maintains a minutes book. There are minutes from nine board of directors' meetings since 1979. Four of these meetings had as their purpose consideration of proposed budgets. Four were organizational meetings to elect officers. One was a special meeting called to consider a proposal to engage the services of a management company. Minutes were not kept for any other meetings of the board of directors that were conducted from 1979 until the present, neither was there any posting to advise unit owners of these meetings in advance. There were numerous meetings of the Board of Directors of Golden Lakes Village, Phase B, other than those that were properly noticed and for which minutes were taken. During these meetings, matters affecting the condominium were discussed. Many of the meetings were conducted on a very informal basis when the unit owners' representative on the board contacted one of the developer's representatives and asked for a meeting. Among the matters discussed were repairs to facilities, additional facilities, budget, and the like. It does not appear that business was conducted in this manner so as to hide the meetings from unit owners. Rather, the purpose appears to have been to conduct operations in a simple manner and to allow the unit owners' representative on the board ready access to the developer's representatives. While the motives of the developer do not appear to have been bad ones, conducting the meetings without first posting notice and without keeping minutes violated the provisions of the condominium bylaws.
The Issue Whether Respondent is liable to Petitioner for discrimination in the sale or rental of housing because of Petitioner’s alleged disability, in violation of the Florida Fair Housing Act.
Findings Of Fact In June 2016, Gaudina and Grand Lifestyle executed a document, entitled “GLC III/LLLP Lease – Basic Rental Agreement or Residential Lease” (lease), in which Gaudina leased from Grand Lifestyle a residence at 3346 East Dale Street, Leesburg, Florida, in the Lakeside Village mobile home park (premises). The lease provided that Gaudina pay to Grand Lifestyle $656.00 per month to lease the premises. The lease further provided that at the end of three consecutive years of living at the premises, Grand Lifestyle would provide Gaudina the option of purchasing the premises for $1,000.00. Gaudina testified that his primary residence is in Colorado, but that he wished to lease the premises so that he had a residence when he visited his wife, who lived nearby in Lake County, Florida. As he did not reside permanently at the premises in Leesburg, Gaudina subleased the premises to another individual, possibly in violation of the lease. That individual reported to Gaudina numerous issues with the premises, which Gaudina testified he brought to the attention of Grand Lifestyle.2/ Both parties testified that they sought various remedies in other courts concerning these issues. The undersigned finds that these issues are not relevant to Gaudina’s allegations concerning discrimination under the Florida FHA. Gaudina testified that he possesses a disability that requires use of an emotional support animal. The only evidence Gaudina submitted in support of this contention was a letter, dated February 24, 2015, from Emilia Ripoll, M.D. (Ripoll), located in Boulder, Colorado, and a “Health Care Provider Pet Accomodation Form,” also from Ripoll. This letter states: Mr. Jan Gaudina is currently my patient and has been under my care since 1998. I am intimately familiar with his history and with the functional limitations imposed by his medical condition. Due to his diagnosis of bladder cancer and bilateral ureter cancer, Jan has certain emotional limitations including stress which may cause his cancer to recur. In order to help alleviate these difficulties, and to enhance his ability to cope and live independently, I have prescribed Jan to obtain his pet for emotional support. The presence of this animal is necessary for the mental health of Jan. The Health Care Accomodation Form prescribed the use of Gaudina’s dog, a golden retriever, as an emotional support animal. Gaudina did not present the testimony of Ripoll or any other health care provider concerning his alleged disability. The letter and form, which are inadmissible hearsay that Gaudina failed to corroborate with admissible non-hearsay evidence, attempt to establish that Gaudina required an emotional support animal to prevent a recurrence of cancer. The undersigned cannot consider these documents to support a finding that Gaudina is disabled and in need of an emotional support animal. See Fla. Admin. Code R. 28-106.213(3).3/ Therefore, the undersigned finds that Gaudina has failed to establish that he suffers from a disability that requires the accommodation of his golden retriever as an emotional support animal. Principe, the owner of Grand Lifestyle, testified that the prospectus for the premises restricted pet ownership to pets that weigh less than 20 pounds. The parties acknowledged that a golden retriever weighs in excess of 20 pounds. Principe testified that, during a telephone conversation, Gaudina asked whether he could bring his golden retriever to the premises, but never mentioned his alleged disability. Principe also testified that he asked Gaudina whether Gaudina’s golden retriever was a trained service dog. Gaudina testified that his golden retriever was not a “service dog,” as defined under section 413.08, Florida Statutes.4/ Principe further testified that Gaudina rarely visited the premises. Gaudina testified that, in total, he visited the premises in Leesburg three or four times over the period of approximately one year. Gaudina presented no credible evidence that he qualifies as a person who is disabled for the purposes of the Florida FHA. Further, there is no competent, persuasive evidence in the record upon which the undersigned could make a finding of discrimination in the sale or rental of housing because of Petitioner’s alleged disability, in violation of the Florida FHA.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding that Petitioner, Jan Gaudina, did not prove that Respondent, Grand Lifestyle Communities III/IV, LLLP, committed discrimination in the sale or rental of housing because of Petitioner’s alleged disability, in violation of the Florida Fair Housing Act, and dismissing his Petition for Relief. DONE AND ENTERED this 18th day of January, 2019, in Tallahassee, Leon County, Florida. S ROBERT J. TELFER III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of January, 2019.
