The Issue Whether Respondent, Whitehall Enterprises, Inc., d/b/a Villas Des Chenes, discriminated against Matthew Les Foris, deceased, on the basis of his race in violation of 42 U.S.C. Section 3604(a) and/or (b), and Sections 70-77 and 70-176, Pinellas County Code, by not renewing Les Foris’ lease when it expired.
Findings Of Fact Matthew Les Foris, the complainant in this case, was an African-American male and a member of a protected class. Following initiation of the proceedings before the Commission, he passed away on August 23, 2003. Les Foris' granddaughter, Crisella Winder, was appointed as personal representative of his estate, and she was substituted as Petitioner in this matter. Respondent, Whitehall Enterprises, Inc. ("Whitehall or Respondent"), rents dwelling units to the public at various apartment communities in the Clearwater, Florida, area. Among others, Whitehall operates a 38-unit apartment community commonly known by the name Villas Des Chenes Apartments ("Villas Des Chenes"). These units are rented to adults over the age of 55 on a yearly lease basis. Maxine Chartier is general manager and vice-president of Whitehall. She has held this position since 1998, and prior to this position, worked as an assistant to Whitehall’s general manager. James Yopp is the property manager at Villas Des Chenes, as well as at four of the other Whitehall properties in the Clearwater area. He has held this position for about six years, and prior to this position, worked as a maintenance man for the Whitehall properties. He has attended fair housing training. Whitehall does not have a written policy regarding renewals or non-renewal of leases. It does not keep records of incidents at its properties. However, there were regular practices regarding renewals. At Villas Des Chenes, there are fair housing posters in the office and the laundry room describing fair housing practices. They were present when Les Foris lived there and are presently still on display. It was Yopp’s practice to visit Villas Des Chenes on an almost daily basis. He would talk with Chartier nearly every day, reporting events and problems, as needed. The two would discuss what problems there were and, where possible, reach resolutions. Chartier had a process she used in determining when to non-renew a tenancy. She would consider whether there had been problems in the previous year and consider what would work best for the property. Factors considered by Chartier included whether the tenant was unhappy and "bad-mouthing" the company, mistreating staff, getting along with others, doing damage, paying rent late, or an accumulation of those factors. She would rely on what was reported to her by the property manager and her own observations, if any. The ultimate decision to non- renew a tenancy rested with her. On November 13, 2000, Les Foris applied for an apartment at Villas Des Chenes. Yopp accepted the application, along with Les Foris’ advance payment of $200.00. The application was approved, and Les Foris and Respondent entered into a lease for a one-year term commencing December 1, 2000, and ending November 30, 2001. The leasing procedure for Les Foris was the same as that used for other tenants. Approximately 30 days prior to the end of the initial lease’s term, Yopp offered to renew the lease for another one- year term. Yopp and Les Foris signed a renewal on November 30, 2001. Under the terms of the renewal, the lease term was to end on November 30, 2002. Neither the lease nor the renewal provides for an automatic renewal of its terms. Beginning sometime in May 2002, management noticed problems involving Les Foris’ tenancy. In May 2002, Yopp received a call from a tenant who reported that Les Foris was upset with another resident. Yopp subsequently talked with Les Foris, and he complained about an upstairs neighbor on two occasions. Yopp could see no evidence of the causes for the complaints by Les Foris. A couple of days later, Les Foris complained again about the same neighbor. This time, Les Foris threatened to harm the neighbor. Yopp told Les Foris that such conduct by Les Foris would be inappropriate. Although Yopp had handled numerous tenant squabbles during his career as property manager, in none of them had a tenant threatened to harm someone. However, after this incident, Les Foris and the neighbor had no further problems. Subsequently, the neighbor moved out of the complex for unrelated reasons. In addition, Les Foris repeatedly parked his car in spaces not reserved for him. On an almost daily basis when he was not working, Les Foris would park his car in spaces reserved for other tenants. The tenants would call Yopp, who would then ask Les Foris to move the car. Les Foris would then return his car to his proper parking space. The next day, the scenario would repeat itself. Les Foris would explain that he was moving his car so that it could be in the shade. Yopp told Les Foris that such conduct was inappropriate. Yopp testified that he received complaints from two residents about Les Foris. The complaints were from Ruth Poetter and Carmella Eichen. Each of the women complained that Les Foris made them feel uncomfortable, without offering greater explanation. It was a customary practice for many of the residents at Villas Des Chenes to sit outside their units at tables and chairs. Poetter followed this custom. About the time of her complaint to Yopp, Yopp observed that Poetter ceased sitting outside. When Yopp visited the property, Les Foris would complain about Whitehall. Ralph Agliano, a former tenant of Villas Des Chenes, testified that Les Foris would routinely complain about things, and Agliano would attempt to explain them. Yopp reported all problems, including those involving Les Foris, to Chartier. On or about September 15, 2002, Yopp delivered a notice to all tenants, including Les Foris, regarding proposed rent increases that management intended to implement beginning in December 2002. The delivery of that notice was not triggered by the end date of any tenant’s lease and was not an offer to renew. As of September 15, 2002, when the notice about proposed rent increases was delivered to all tenants, no decision had yet been made to renew or not renew Les Foris’ lease. Yopp and Chartier subsequently discussed whether to renew Les Foris’ lease. Chartier decided that, based on the complaints relayed to her about Les Foris in the preceding months, Les Foris' lease would not be renewed when it expired at the end of November 2002. Chartier felt that it was not in the best interest of Whitehall to continue with a tenant who was unhappy with the company, made a threat to harm another tenant, and who made other residents uncomfortable. She did not want the residents of Villas Des Chenes to be afraid. It was an accumulation of things that formed her decision. This process by Chartier, as applied to Les Foris, was the same as that which she used for others. Yopp prepared and issued a notice of non-renewal to the tenant. The notice did not set forth a reason for the non- renewal. Yopp admitted that other tenants also parked in parking spaces other than those assigned to the tenant. In addition, it is anticipated that other tenants have disputes with their neighbors. In the six years Yopp had been property manager at the complex, no residents were non-renewed specifically for either reason. When Les Foris received the notice, he became upset. He asked Yopp to explain the reason for the decision. Yopp declined to give an explanation. In the year that Les Foris received his notice of non-renewal, Yopp delivered notices of non-renewal to three other tenants. In none of them did Yopp give a reason for the non-renewal. The notice of non-renewal given to Les Foris did not differ in form or substance from that used for other tenants. Les Foris spoke with Chartier by phone about the non-renewal. Les Foris asked Chartier the reason for the non-renewal. Chartier also declined to give one stating that she was not required to give a reason. At the hearing, Chartier explained that it was her practice not to explain the reasons for non-renewals. Because the lease did not require a reason, she did not offer one. Discussions about the reasons for non- renewal often lead to arguments and to Chartier, they serve no purpose. During the phone conversation, Les Foris requested reconsideration and, if that failed, then additional time to find a new place to live. He explained to Chartier that he lacked funds and had no one to help him move. Chartier offered to allow some extra time to remain on the premises and to make an early refund of the security deposit. Chartier returned the security deposit to Les Foris by way of a letter dated November 15, 2002. Les Foris filed his complaint of housing discrimination on November 7, 2002. Chartier learned of it after sending him the November 15, 2002, letter. Les Foris moved out of Villas Des Chenes in November 2002. Winder had lost touch with her grandfather for sometime and had "found" him only about two years prior to his death. At the time she formed a bond with Les Foris, he was a tenant at Villas Des Chenes. Les Foris was happy there because he resided close to Winder and her children and was within walking distance of the grocery store where he worked part-time. Winder testified that when Les Foris was informed of the non-renewal, he became upset. He expressed to her his distress at being made to move. However, she helped him find a new apartment and helped him move. Winder found movers and paid them on Les Foris' behalf. She also arranged for storing his property in a commercial facility. The move cost less than $400.00. The rent was higher at the new complex, where Les Foris lived for just a few months before becoming ill. Winder saw her grandfather regularly after he received the non-renewal notice. He frequently called her after having anxiety problems at his new apartment. Les Foris was disoriented about the location of items in his new apartment. He was definitely inconvenienced by the move. He was also humiliated and ashamed in front of his neighbors for being forced to move out. His daily routine was disrupted, and he was unable to make friends at the new complex.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Administrative Law Judge will enter a final order dismissing Petitioner, Crisella Winder, as the Personal Representative of the Estate of Matthew Les Foris’ Petition for Relief for failure to prove a case of housing discrimination against Respondent, Whitehall Enterprises, Inc., d/b/a Villas Des Chenes, after the period for submission of exceptions has expired. DONE AND ENTERED this 17th day of December, 2004, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 17th day of December, 2004. COPIES FURNISHED: Leon W. Russell, Human Rights/EEO Officer Pinellas County Office of Human Rights 400 South Fort Harrison Avenue Fifth Floor Clearwater, Florida 33756 W. Oliver Melvin, Compliance Officer Pinellas County Office of Human Rights 400 South Fort Harrison Avenue Fifth Floor Clearwater, Florida 33756 Matthew P. Farmer, Esquire Farmer & Fitzgerald, P.A. 708 East Jackson Street Tampa, Florida 33602 Lynn Hanshaw, Esquire Gulfcoast Legal Services 314 South Missouri Avenue, Suite 109 Clearwater, Florida 32756 Cathy L. Lucrezi, Esquire Law Offices of Heist, Weisse & Lucrezi, P.A. 1661 Estero Boulevard, Suite 20 Post Office Box 2514 Fort Myers Beach, Florida 33932
