The Issue The issue is this case is whether the Respondent, Beacon Hill, Ltd., discriminated against Yvonne Malone (Petitioner) based on her religion in violation of the Florida Fair Housing Act (the Act).
Findings Of Fact The Petitioner is a resident at an apartment complex owned and operated by the Respondent. At the hearing, the Petitioner recited a litany of complaints related to her apartment unit and to the services she has received from the Respondent's staff. Although the Petitioner has previously asserted that the Respondent has discriminated against her based on her religion, the Petitioner testified at the hearing that she had been "harassed" and "abused" by the Respondent's employees and that she did not know the basis for her treatment. The evidence failed to establish that the Respondent, or any person employed by the Respondent, has discriminated against the Petitioner based on her religion. The evidence failed to establish that the Respondent, or any person employed by the Respondent, has treated the Petitioner any differently than any other resident of the apartment complex has been treated. The evidence failed to establish that the Respondent, or any person employed by the Respondent, has "harassed" or "abused" the Petitioner in any manner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed by Yvonne Malone. DONE AND ENTERED this 7th day of January, 2014, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 7th day of January, 2014.
The Issue Whether Petitioners were subject to discrimination in the rental of a dwelling, or in the terms, conditions, or privileges of rental of a dwelling, based on their race or familial status, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioners, Rolstan and Leticia Hodge, are African- American and currently reside in Virginia Beach, Virginia. Petitioners have six children. Respondent, Watson Realty Corp.,1/ is a real estate and property management company with offices throughout the state of Florida and an office in Georgia. Wendell Davis is the company’s Executive Vice President in charge of Watson Realty Management Division, including its Jacksonville office located at 4456 Sunbeam Road, Jacksonville, Florida 32257. On June 3, 2013, Petitioners completed applications to rent a property from Respondent located at 2314 Creekfront Drive in Green Cove Springs, Florida (the Property). Petitioners’ applications were taken by Gayle Aljets, Secretary at Respondent’s Westside office. Ms. Aljets sent, via facsimile transmission, Petitioners’ applications, along with copies of their photo identification, social security cards, and proof of income, to Anne Fletchall, Application Specialist in Respondent’s Sunbeam office.2/ Ms. Fletchall entered pertinent information from Petitioners’ applications, including personal identification and income information, into a system run by LexisNexis, a company with which Respondent contracted to conduct background, criminal, and financial screening of applicants.3/ LexisNexis screens applicants based on criteria selected by Respondent. For example, Respondent requires applicants to establish income of three times the rental amount, applies the combined income of multiple applicants for the same property (roommates), and requires criminal background checks on applicants 18 years of age and older. On debt issues, Respondent screens applicants for legal debts (e.g., judgments) of $1,000 or more within the most recent 48 months; as well as tax liens, landlord debt, and utility debt within the most recent 24 months. The screening system allows for exceptions, or “overrides,” on negative results for specified criteria. For example, if an applicant has a legal debt of $1,000 or more in the most recent 48 months, or a tax lien, landlord debt, or utility debt within the most recent 24 months, the system will return an override code of “800,” allowing approval of the applicant with a co-signor, or guarantor. The override determinations were made by Respondent at the time Respondent contracted with LexisNexis. Ms. Fletchall entered Petitioners’ information separately as two roommates applying for the Property. LexisNexis reported to Ms. Fletchall that Mr. Hodge had a legal debt of $1,000 or more within the last 48 months, thus failing one of the screening criteria. However, the program assigned an override code of “800,” meaning the application could be approved if Mr. Hodge obtained a guarantor. Mrs. Hodge passed all the LexisNexis screening criteria. LexisNexis further reported Petitioners’ rent-to- income ratio as 24.73 percent, based on a monthly rent of $1,195.00 and a combined income of $5,055.00. According to the criteria established by Respondent when setting up the screening process, a guarantor must establish an income of three and one-half times the amount of the monthly rent. Mrs. Hodge’s individual verified income was approximately $1,400.00, less than three and one-half times the monthly rental amount. Ms. Fletchall sent an email to Heather Cornett, property manager in the Westside office, informing her that Mr. Hodge was approved conditioned upon obtaining a guarantor. Ms. Cornett informed Mr. Hodge by phone that he would need a guarantor in order to qualify to rent the Property. Mr. Hodge asked why a guarantor would be required, but Ms. Cornett was unable to explain. Ms. Cornett informed Mr. Hodge that he would receive a letter from the third-party screening company that explained the details. During that telephone conversation, Mr. Hodge requested a telephone number for LexisNexis. Ms. Cornett did not have the LexisNexis telephone number and informed Mr. Hodge she would have to call him back with the number. Ms. Cornett obtained the number and made a return call to Mr. Hodge with the telephone number the same day. Through contact with LexisNexis, Mr. Hodge learned that a judgment against him by Freedom Furniture and Electronics had caused him to fail the applicable screening criteria, thus triggering the need for a guarantor. Mr. Hodge contacted Ms. Cornett and informed her that the debt had been satisfied. Ms. Cornett asked Mr. Hodge to obtain a letter from the debtor on the debtor’s letterhead verifying the debt had been satisfied. Mr. Hodge subsequently met with Ms. Cornett in her office and presented a letter from Freedom Furniture and Electronics. The letter represented that Mr. Hodge had entered into a payment agreement to satisfy the debt and that, thus far, payments had been made on time. Ms. Cornett faxed the letter to Ms. Fletchall to submit to LexisNexis as additional information. Ms. Fletchall called Ms. Cornett and told her the letter was only proof that payments were being made on the debt, not that the debt had been satisfied. Ms. Cornett called Mr. Hodge and informed him that the letter did not change the status of his application, and a guarantor was still required. Mr. Hodge requested Ms. Cornett submit the matter to a manager for review. Ms. Cornett took the Hodge’s applications, the letter, and the LexisNexis report to Terri Brown, Respondent’s Regional Manager. Ms. Cornett spoke to Ms. Brown via telephone, who confirmed that a guarantor would still be required for approval. Ms. Cornett again called Mr. Hodge with this information. Mr. Hodge did not obtain a guarantor and did not make another application, or otherwise arrange with Respondent to rent the Property. On June 10, 2013, Respondent received an application from a different set of applicants to rent the Property. The applicants were white and listed on their application that they had three children.4/ Ms. Fletchall processed two separate applications for the applicants as roommates, just as she did with Petitioners’ applications. The LexisNexis report showed that the male applicant failed three of the screening criteria, while the female applicant passed all the criteria. The system assigned an override code of “800” for the male applicant’s prior landlord debt, triggering the requirement for a guarantor. The system also assigned an override code of “920” based on the male applicant’s prior issue with a personal check, triggering a requirement that the male applicant pay monthly rent by certified funds. On June 21, 2013, the new applicants entered into a lease for the Property. The tenants obtained a guarantor who signed a lease guarantee which was incorporated into the lease.
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 dismissing the Petition for Relief filed in FCHR No. 2014H0082. DONE AND ENTERED this 25th day of September, 2014, in Tallahassee, Leon County, Florida. S Suzanne Van Wyk Administrative Law Judge Division of Administrative Hearings The DeSotoBuilding 1230 Apalachee Parkway Tallahassee, Florida32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of September, 2014.
The Issue Whether Petitioner was subjected to housing discrimination by Respondent based on Petitioner's national origin, Puerto Rican, in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Rosa M. Cabrera is of Puerto Rican descent and, therefore, belongs to a class of persons protected from discrimination based on national origin under the Florida Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes, (2009). On September 17, 2009, she filed a complaint for housing discrimination against the management of Costa del Sol, LLC. Respondent, Monica Londono, is employed by Morgan Whitney, Inc., the company that manages Costa del Sol, a sixteen-unit apartment complex at 7425 Byron Avenue, Miami Beach, Florida 33141. Ms. Cabrera lived at Costa del Sol for 4 years. In her complaint, she alleged discrimination in the conditions and services provided to her as a tenant based on her national origin. The Housing Authority of Miami Beach inspected Ms. Cabrera's unit annually as required for units subsidized under the Housing Choice Voucher Program, also known as Section 8. On March 23, 2009, a notice was mailed to Ms. Cabrera to inform her that her annual inspection was scheduled for April 10, 2009, between 10:00 a.m. and 1:00 p.m. Mr. Cabrera was not there, on April 10, 2009, when the inspector arrived, so a door handle notice and a letter mailed the same day notified her that the inspection was rescheduled for April 13, 2009. About the same time, Ms. Cabrera said she had trouble with her hot water heater. On April 13, 2009, the unit failed inspection. The inspector found that a bedroom air conditioner was not cooling properly, that a sink stopper was missing, and that a closet door mirror was cracked. A re-inspection was scheduled for May 11, 2009. On April 22, 2009, Ms. Cabrera was offended and apparently turned away, what she said was, a group of six people who came to make repairs without giving her prior notice. On May 11, 2009, the same defects were noted and, on May 29, 2009, the Housing Authority abated the rent and terminated its contract for the unit with Costa Del Sol effective June 30, 2009. Ms. Cabrera was scheduled to meet her Section 8 case worker, Housing Authority Specialist Felipe Roloff, to "start the moving process" at 4:00 p.m., on June 5, 2009. Ms. Cabrera did not keep the appointment and it was rescheduled for June 16, 2009. On June 9, 2009, however, an "abate-cure" inspection was conducted and the unit passed. On July 21 and 23, 2009, Ms. Cabrera contacted Mr. Roloff to tell him that her refrigerator was not working and the landlord was given 24 hours to repair or replace it. When a handyman came alone to make repairs, Ms. Cabrera was afraid to let him in her apartment fearing sexual battery. So Ms. Londono accompanied the handyman when they attempted to deliver a refrigerator. They were unable to exchange the refrigerators because Ms. Cabrera had changed the locks without giving the manager a new key a violation of the terms of her lease, and she would not unlock the door. Ms. Cabrera's son arrived home at the same time and he also did not have a new key. At his suggestion, the refrigerator was left in the hallway for him to exchange it with the one in Ms. Cabrera's apartment later. Ms. Cabrera claimed, without any supporting evidence, that Ms. Londono publicly embarrassed her by calling her a "fucking Puerto Rican bitch" and a "ridiculous old lady." Ms. Londono, who is also of Puerto Rican descent, denied the allegation. Someone, Ms. Londono believes it was Ms. Cabrera, called the Miami Beach Code Compliance Division, to report that the refrigerator was left in the hallway and it was hauled away as household waste. Ms. Cabrera said the refrigerator left in the hallway was in poor condition. Ms. Londono, according to Ms. Cabrera, called the police and accused her of stealing the refrigerator. There is no supporting evidence of their accusations and suspicions about each other. When she finally got a replacement refrigerator, Ms. Cabrera said it was missing one of the crisper drawers. Ms. Cabrera believed she was being discriminated against in receiving poor services and also when Ms. Londono required her to move a plant from the hallway, but did not make another tenant move his motorcycle from the area where it was parked. Ms. Londono notified Mr. Roloff of Ms. Cabrera's lack of cooperation, and that she intended to collect August rent and to withhold a portion of the security deposit to cover the cost of the missing refrigerator. On August 5, 2009, the Housing Authority issued to Ms. Cabrera a Notice of Termination of Housing Assistance effective September 30, 2009. The Notice cited her failure to allow the landlord to enter to make necessary repairs and her failure to report the income of her son who was living with her. When the rent was not paid on August 5, 2009, Ms. Londono delivered a three-day notice to pay rent or vacate to Ms. Cabrera's unit. Ms. Cabrera did not vacate. Eviction proceedings were begun in September. Ms. Cabrera was evicted on November 22, 2009. After Ms. Cabrera moved the report of the inspection of the unit indicated that, among other damage, it was infested with fleas, supporting Ms. Londono's previous claim that Ms. Cabrera was leaving her window open to allow cats to come and feed in her unit, in violation of Section 8 rules. Ms. Cabrera's claim of discrimination based on national origin is not supported by the evidence.
Recommendation Based on the foregoing Findings of Face and Conclusions of Law, it is RECOMMENDED that the Petition for Relief be denied. DONE AND ENTERED this 12th day of March, 2010, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER 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 12th day of March, 2010. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Rosa M. Cabrera 7851 Northeast 10th Avenue, Apt. 26 Miami, Florida 33138 Monica Londono Morgan Whitney, Inc. Costa del Sol, LLC 1385 Coral Way, Penthouse 403 Miami, Florida 33145
The Issue Whether Respondent, US Growth Investment, Inc., discriminated against Petitioners Jimmy and Gelene Stewart,2 on the basis of race in violation of the Florida Fair Housing Act (“the Act”), chapter 760, part II, Florida Statutes (2019),3 and, if so, the relief to which Petitioners are entitled.
Findings Of Fact Petitioners did not attend the Zoom Conference hearing or provide any direct evidence to support their claim of discrimination. Respondent’s counsel introduced Respondent’s representative. 6 The parties sent email communications to the undersigned’s judicial assistant regarding possible dates for a hearing, but failed to timely file the status report with the requested information. 7 Petitioners requested a 60-day continuance. The length of the actual continuance: 74 days. Further, no attorney entered a Notice of Appearance on behalf of Petitioners. 8 The tenth day after the hearing fell on a weekend; thus, the PROs were to be filed on the next business day, Monday, June 7, 2021.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed by Petitioners in its entirety. DONE AND ENTERED this 10th day of June, 2021, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of June, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 Jimmy Stewart Box 700 7862 West Irlo Bronson Highway Kissimmee, Florida 34747 Richard W. Withers, Esquire Ward & Ketchersid, P.A. 1241 Airport Road, Suite H Destin, Florida 32541 Gelene Stewart Box 700 7862 West Irlo Bronson Highway Kissimmee, Florida 34747 Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
Findings Of Fact Based on the undisputed facts included in pleadings filed in this proceeding and on the documentary evidence attached to the Association's Renewed Motion to Dismiss, the following findings of fact are made: On or about April 16, 1999, Ms. Thornhill filed a complaint with the Department of Housing and Urban Development, in which she accused the Association of housing discrimination on the basis of handicap and coercion. The complaint was apparently based on the Association's attempts to make Ms. Thornhill remove a set of steps leading from the terrace of her apartment. In June 1999, the Association filed a civil lawsuit against Ms. Thornhill in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, styled Admiral Farragut Condominium Association v. Maria Thornhill, Case No. 99-15567 CA 22. On or about September 21, 1999, Ms. Thornhill, through her attorney, filed Defendant, Maria Thornhill's Answer to Complaint. Included in the answer was a Counterclaim filed by Ms. Thornhill, through her attorney, against the Association, in which she sought injunctive relief and damages against the Association pursuant to Section 760.35(1) and (2), Florida Statutes. 1/ She asserted in the Counterclaim that she had filed a discrimination complaint against the Association with the Department of Housing and Urban Development, which had been referred to the Commission and that this complaint was still pending before the Commission. Ms. Thornhill alleged in the Counterclaim that the Association had engaged in housing discrimination against her on the basis of her handicap because it had refused to accommodate her disability by giving her permission to retain the steps she had installed leading from the terrace of her apartment. Ms. Thornhill also alleged that the Association had "authorized or acquiesced in a series of actions intended as harassment and retribution" against Ms. Thornhill for having filed a housing discrimination complaint. The factual and legal bases on which Ms. Thornhill requests relief in the Petition for Relief filed with the Commission and in the Counterclaim filed in circuit court are virtually identical.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the administrative complaint filed by Maria T. Thornhill to enforce rights granted by the Florida Fair Housing Act, Sections 760.30 through 760.37, Florida Statutes. DONE AND ENTERED this 7th day of November, 2000, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO 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 7th day of November, 2000.
Conclusions The Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation (the Division), after consideration of the complete record of this case on file with the Division, enters this Final Order. 1. on May 20, 2013, the Department issued an Administrative Complaint, a copy of which is attached as Exhibit win, 2. On October 1, 2013, a hearing in this cause was held before the Honorable Suzanne Van Wyk, Administrative Law Judge, Division of Administrative Hearings. 3. On December 11, 2013, the Honorable Suzanne Van Wyk issued a Recommended Order, a copy of which is attached as Exhibit "2". The Statement of the Issues, Preliminary Statement, Filed January 6, 2014 1:49 PM Division of Administrative Hearings Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference. Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed: 1. Respondent shall pay a fine in the amount of $1,200.00, due and payable to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within thirty (30) calendar days of the date this Order is filed with the Agency Clerk. 2. This Final Order shall become effective on the date of filing with the Agency Clerk. DONE AND ORDERED this BF aay of Pece hi , 2075. Rie Oi fon Disnew 5. Werpglle Diann S. Wo¥zalla, Director Department of Business and Professional Regulation Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202 and a second copy, accompanied by the filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida Appellate District where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Holland Apartments, c/o Cindy Holland, 162 Rainbow Drive, Fort Walton Beach, Florida 32548; by regular U.S. Mail to the Honorable Suzanne Van _ Wyk, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, this CG day of Sanuary , 20\4_ Prtccln MN Nihbe For Putreln~M, Division of Hotels and Restaurants : “Certified: Article: Number, ; ; 7446 008 S111 5516 1783
The Issue Whether Respondent, Palm Frond Condominium Association, discriminated against Petitioner, Hugo M. Villagra, in violation of the Florida Fair Housing Act.
Recommendation Based on Petitioner’s Notice of Voluntary Dismissal, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Petitioner. DONE AND ENTERED this 15th day of September, 2015, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 15th day of September, 2015.
The Issue Whether Respondent, Bosshardt Property Management, LLC (“Bosshardt”), violated the Fair Housing Act as alleged in the Housing Charge of Discrimination.
Findings Of Fact The following Findings of Fact are made based on the exhibits and testimony offered at the final hearing. Ms. Rabalais is the owner of Lot 198 at Salt Springs Resort, a Florida recreational vehicle condominium established pursuant to chapter 718, Florida Statutes. As an owner of a lot in Salt Springs Resort, she is a member of SSRA, the homeowner’s association. Bosshardt is a Florida corporation providing community association management services and was the Community Association Manager (“CAM”) for SSRA from September 2013 until August 31, 2019. Bosshardt acted as the agent, and at the direction of SSRA, managed the business related to the property, including enforcement of SSRA rules and decisions of the Board of Directors. The CAM is the general point of contact for the association. The CAM would collect on bills and collect payments for assessment and manage the property. Petitioner contends Respondent subjected her to retaliation beginning after the filing of Petitioner’s HUD complaint. In support of her position, Petitioner points to alleged harassment by Ms. Noble, the failure to maintain her lawn and repaint her lot number, and removal of one of her posts from the townhall webpage. Throughout the hearing, Ms. Rabalais raised allegations about incidents that occurred before December 20, 2018, which is 365 days prior to the filing of her Complaint of Discrimination dated December 20, 2019. However, some of the facts will be discussed herein to help supplement and explain the alleged continued discrimination and to provide a more detailed record of Ms. Rabalais’s complaints. Golf Cart Incident Petitioner alleges that Bosshardt was responsible for housing discrimination and harassment arising out of an April 17, 2018, confrontation between Petitioner and Sharon Noble, a lot owner and former SSRA board member. Ms. Rabalais identified Ms. Noble as one of the worst of her neighbors who disliked her. At some point before Ms. Rabalais filed the complaint of discrimination, Ms. Noble and Ms. Rabalais were good friends. While there is a dispute regarding the nature of the relationship, at some point the friendship deteriorated. In 2016, a dispute arose between Ms. Rabalais and Ms. Noble over Ms. Rabalais’s intent to file a lawsuit against SSRA and Ms. Noble’s refusal to assist her. The dispute was referenced in emails between Ms. Rabalais and Ms. Noble and through Ms. Noble’s testimony at hearing. Ms. Noble acknowledged at the hearing that she and Ms. Rabalais were no longer friends. On April 17, 2018, Sharon Noble was driving her golf cart on the road in front of Ms. Rabalais’s lot. She stopped her cart to send a text message to someone. At around the same time, Ms. Rabalais attempted to enter her drive way. Ms. Rabalais was unable to enter the drive way as two carts could not drive on the road side by side. Ms. Rabalais began to blow her horn so Ms. Noble circled around behind Ms. Rabalais’s golf cart to allow her to drive pass her. Ms. Noble then finished her text message and left the area. Ms. Noble credibly testified that she did not attempt to intimidate Ms. Rabalais. Ms. Noble believed the incident was intentional and as a result, she wrote an incident report documenting the incident. Ms. Noble reported the incident to the SSRA. Jane Jorden was in Ms. Rabalais’s golf cart and witnessed the incident. She recalled that Ms. Noble was recording Ms. Rabalais’s lot and blocking the driveway with her golf cart. Ms. Rabalais became upset after Ms. Noble drove her cart behind her. Ms. Rabalais went to the guard gate to report the incident and call the police. Tom, one of the employees working at the guard gate, completed a report regarding the incident. Tom did not testify at the hearing and, thus, his statement about the incident is not relied upon for a finding of fact. It is simply used to supplement the testimony offered at the hearing. Tom did not observe the incident but rather reported that the police were called and took statements from Ms. Noble and Ms. Rabalais. SSRA sent Ms. Rabalais a letter advising her to contact the police if she is concerned about her safety. While Ms. Rabalais believes that she was subjected to discrimination and retaliation by Respondent by way of the actions of Ms. Noble, the fact is that Ms. Noble, and more importantly Bosshardt, was in no position to deny Ms. Rabalais access to common services and facilities under SSRA’s control. To the extent Ms. Rabalais believed her fellow neighbors disliked her or were not nice to her, that activity is not actionable as unlawful housing discrimination. The greater weight of the evidence establishes that the incident with Ms. Noble was a personal dispute that was not due to housing discrimination facilitated at the direction of Bosshardt. Lost Assessment Payment Between July 1, 2018, and October 1, 2018, a quarterly assessment accrued. Ms. Rabalais’s check with a send date of September 28, 2018, was mailed to Bosshardt using an address that was previously known to be Bosshardt’s address. However, the assessment check payment was returned and the label affixed to the envelope indicated that the mail was returned to sender, was not deliverable as addressed, and was unable to be forwarded. In order to qualify as a candidate for a position on the SSRA Board of Directors, all assessments must be paid before a designated date. As a result of the assessment check not being delivered before the deadline to declare candidacy, Ms. Rabalais did not meet the criteria to run for the Board. Ms. Rabalais alleges in her complaint that Bosshardt engaged in a discriminatory act by not accepting her payment so she could not run for the Board of Directors. There is no sufficient evidence to support this allegation. Although there was testimony from Ms. Nelson that there were suspicious circumstances surrounding delivery of the check, the evidence offered at hearing does not demonstrate that Bosshardt engaged in nefarious or discriminatory actions regarding the assessment payment. The greater weight of the evidence, however, established that the check was returned undelivered. Failure to Maintain Property and Paint Lot Number Ms. Rabalais alleged in her Complaint that Respondent failed to maintain her lawn and failed to repaint her lot number as it did for other lot owners. There was no clear indication that the conduct occurred on or after December 20, 2018. Generally, all lot owners received basic services. An exception would be if the lot owner has a “no trespassing” sign on the property. Diane Suchy worked as the designated CAM for SSRA. She testified that maintenance staff were employees of SSRA and worked at the direction of Bosshardt. They maintained common areas and the lawns of individual lot owners. The maintenance team also repaints the lot numbers as needed. Gary Gensberg, the maintenance supervisor, testified that he maintained Ms. Rabalais's lawn and conducted weed maintenance as needed. He also recalled that Ms. Rabalais did not have a large area that required maintenance. Regarding the lot numbers, they would be repainted if it was not visible. Ms. Rabalais's lot number was visible at the time in question. Mr. Gensberg credibly testified that he was never given instructions to not maintain Ms. Rabalais's lot. Despite the maintenance team maintaining Ms. Rabalais property as needed, the evidence established that Ms. Rabalais posted no trespassing signs on her property for an unknown period of time. Furthermore, there was no evidence to support a finding that if Ms. Rabalais’s lawn was not maintained or her lot number was not repainted, it was result of discrimination based on disability or retaliation. Townhall Facebook Group Page Gary Griffith, the Bosshardt president at the time of the allegations alleged in the Complaint, testified about the lot owners’ Facebook group page. Mr. Griffith testified that Bosshardt did not manage the Facebook group page. Rather, Mr. Foster, Brenda Harvey, and other lot owners, were administrators on the account. Thus, Bosshardt made no determination regarding who could post or remove posts from the account. The page had rules for posting including, the exclusion of posts that were argumentative, contained unfounded allegations, or attacked the Board of Directors. On February 4, 2019, Ms. Rabalais posted a message about her experience with litigation with SSRA and Bosshardt. At the end of that message she wrote, “SSRA/Bosshardt has caused a homeowner to kill himself and ruined many owners’ lives ….” The administrators determined the post was unsubstantiated and threatening and failed to comply with the guidelines established for the page. As a result, the post was removed. Based on the evidence offered at hearing, Bosshardt was not involved with removal of Ms. Rabalais’s February 4, 2019, post. Therefore, there was no evidence to establish that Bosshardt discriminated against Ms. Rabalais when her post was removed from the Town Hall page. Expert Testimony Petitioner offered the testimony of Gary Solomon, Ph.D., as an expert regarding HOA syndrome. He works as a professor at the College of Southern Nevada. HOA syndrome is not a recognized clinical disorder, and there are no peer-reviewed articles offered to support Dr. Solomon’s opinion. Despite his purported knowledge about HOA syndrome, he was unable to provide a basis for his conclusions. Dr. Solomon had not read the SSRA rules or policies and procedures; and he had no understanding of Florida condominium law. He was also unable to provide an opinion regarding whether Ms. Rabalais had suffered from HOA syndrome. Based on the evidence offered at hearing, Dr. Solomon was not accepted as an expert in this matter.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 5th day of April, 2021, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 John McDonough, Esquire Meier, Bonner, Muszynski, O'Dell & Harvey Suite 2000 260 Wekiva Springs Road Longwood, Florida 32779 Scarlett Rabalais Post Office Box 5224 Salt Springs, Florida 32134 Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
The Issue Whether Respondent discriminated against Petitioner, Patricia McDonough, on the basis of her race, violating Subsections 760.23(1), (2), or (4), Florida Statutes (2002). If discriminatory conduct has been proven, whether quantifiable damages, or other allowable remedies, have been proven under Section 760.35(3)(b), Florida Statutes (2002).
Findings Of Fact Petitioner, Patricia McDonough, is a Caucasian female who, at one time, qualified for housing assistance under the Section 8 Rental Voucher (Voucher) Program and is a protected person under the FHA. Respondent, Osceola County Housing Authority, is a department of the Osceola County Board of County Commissioners, a political subdivision of the State of Florida, and is the local housing authority (HA) under the Federal FHA. In 1997, Petitioner participated in the Voucher program, which is administered by the United States Department of Housing and Urban Development (HUD). The Vouchers are portable, which allows a participant to move to another jurisdiction and request a transfer from one local HA to another. A portability packet of necessary paperwork is prepared by the originating HA and mailed directly to the receiving HA to facilitate the transfer and to prevent fraud. If the receiving HA accepts the transferred Voucher to administer, the originating HA pays the receiving HA 80 percent of the administrative fee it receives from HUD, in addition to the rental and utility assistance payments. Petitioner had a valid Voucher in 1997 that was administered at the local level by the Maryland Housing Opportunity Commission located at 10400 Detrick Avenue, Kensington, Maryland 20895 (Maryland). Petitioner requested Maryland to transfer her Voucher to the City of Kissimmee, Florida (Kissimmee), in 1997, which was the local HA for Osceola County, Florida, at that time. Kissimmee accepted the Maryland Voucher on August 28, 1997, and agreed to administer it on behalf of Maryland. Respondent assumed responsibility for the Voucher program from Kissimmee on October 1, 2000. From 1997 to the present, Kissimmee and Respondent contracted with HUD for a total of 193 Vouchers. This does not include any transferred Vouchers administered through the portability requirements of the HUD program. Kissimmee created a waiting list in 1998 that contained more than 500 names of eligible participants for the 193 Vouchers. The waiting list has not been reopened since it was created. The list was created and is administered in a nondiscriminatory and race-neutral manner by the HA. Respondent accepts and administers transferred Vouchers and currently administers in excess of 700 such Vouchers. A transferred Voucher does not affect the 193 contracted Vouchers. A participant must be recertified annually to keep one of the 193 Vouchers. As participants surrender one of these 193 Vouchers, a new participant is awarded the Voucher from Respondent's waiting list. As participants surrender one of the 700 transferred Vouchers, Respondent has no authority to award it to anyone, whether on the waiting list or not. Petitioner was never on Respondent's waiting list, since Petitioner's Voucher was a transferred Voucher from Maryland. On or about July 13, 2000, Petitioner requested Kissimmee to transfer her Voucher to the County of Fairfax, Department of Housing, Fairfax, Virginia (Virginia). Kissimmee prepared the transfer packet and mailed it to Virginia at Petitioner's request. Petitioner moved from Virginia back to Osceola County in early May 2001. Petitioner testified that when she moved back to Osceola County, she brought her paperwork with her. She then requested Respondent, in a letter dated May 10, 2001, to reinstate her transfer Voucher from Virginia. Petitioner testified that she included her paperwork with the letter. However, there is no credible evidence to support her position. Petitioner has not shown that she had a valid portable Voucher from another HA to transfer to Respondent when she returned from Virginia in May 2001, nor did she offer proof that she requested Virginia to mail her voucher and transfer request directly to Respondent, as HUD policy requires. Respondent has never received paperwork for a transfer Voucher for Petitioner from another jurisdiction, including Maryland or Virginia, after Kissimmee transferred Petitioner's Voucher to Virginia in 2000. Respondent cannot reinstate a Voucher from another HA. Respondent has policies and procedures in place to prevent racial discrimination. Respondent denied Petitioner's request based upon its policies and procedures. Respondent did not discriminate against Petitioner based upon her race. Petitioner is not eligible for one of the 193 Vouchers Respondent is contracted for through HUD. Respondent does not have any Vouchers available to award to Petitioner and has not reopened the waiting list since it was created in 1998. Petitioner has failed to produce any evidence that Respondent racially discriminated against her in regard to the administration of the Voucher program or failed to rent her a dwelling unit for which she was eligible.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order denying the relief sought and dismissing the petition filed in this matter. DONE AND ENTERED this 4th day of March, 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 4th day of March, 2004. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Patricia McDonough 5121 Violet Lane Kissimmee, Florida 34758 Scott Polodna, Esquire Osceola County Housing Authority One Courthouse Square, Suite 4200 Kissimmee, Florida 34741 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
