Findings Of Fact Respondent, Jan Partin (Partin), during all times relevant to this proceeding, was the administrative assistant to the executive director of the Winter Haven Housing Authority, in Winter Haven, Florida. In that capacity she exercised responsible administrative, supervisory and technical management functions in assisting the executive director. In the absence of the executive director, she was totally responsible for the operation of the housing authority. Oswald and Leah Carrerou, husband and wife, owned rental property in Winter Haven, and in 1989 and 1990 were landlords in the housing authority's Section 8 program, a program funded by the U.S. Department of Housing and Urban Development (HUD) to provide rental assistance to eligible tenants. The Carrerous were the second landlords brought into the authority's program, and in late 1989, early 1990, had more tenants than other landlords in the program. As Section 8 landlords, the Carrerous received monthly checks from the housing authority. In January and February 1990, those checks were $3,512.00 and $3,810.00, respectively, representing approximately sixty percent of the Carrerou's total rental income at that time. The Carrerou's primary staff contact with the housing authority with regard to the Section 8 Program was Jan Partin. This included contacts regarding tenants, leases, landlord/housing authority contracts, and rental payments. As it was a new program, the contacts were frequent, several times a week, by telephone and in person at the housing authority office. As executive director, Ash Ahmad was the formal administrator of the Section 8 Program. Ahmad trained Partin and another staff person in the program and Partin's contacts with the Carrerous were part of her routine functions. The Carrerou's perception that she had some control over their continued participation and receipt of rents was reasonable, even if not technically nor legally correct. In early 1990, Partin called Oswald Carrerou and asked if he would consider making a loan to a person who was very important to the housing authority, a witness in a federal case involving a tenant. Partin said the person needed money to pay his lawyer in a child custody dispute. Carrerou was concerned about the appearance and legitimacy of the transaction. He was not in the business of making personal loans, except in the context of his buying and selling real estate, in which cases the loans were secured by a mortgage. When he asked about collateral, Partin said something about a CD coming due and that he would be paid off then. Partin suggested that a note would be prepared, but did not say who would sign the note. Reluctantly, and with the concern that he had little choice, given his financial circumstances and reliance on the Section 8 rents, Carrerou agreed to the loan. Timothy Keaton was the person who was to receive the loan. Keaton met Partin in 1988 when his girlfriend, April Marshall, was living in a Winter Haven Housing Authority housing project. Keaton lived with Marshall off and on without being included in the lease; the couple had two children together. Keaton and Partin developed a close personal relationship and they began dating; Partin loaned and gave him money. Partin became involved in a custody dispute regarding the Keaton/Marshall children, a case which also involved the Department of Health and Rehabilitative Services. Partin urged Keaton to hire a lawyer to get custody away from Marshall and she recommended a lawyer to him. This was the lawyer to whom the loan money was to be paid. At the same time that the custody dispute was pending, the housing authority was sued in federal court by Keaton's sometime girlfriend, Marshall, and other plaintiffs who were contesting their evictions. Partin was the legal liaison for the housing authority and worked closely with Sylvia Ibanez, the attorney for the housing authority in the Marshall lawsuit and other litigation. Keaton agreed to testify against Marshall and on behalf of the housing authority in the federal case. He gave a deposition attended by Partin, Attorney Ibanez and Marshall's attorney. This was around the same time that Partin sought the loan to pay Keaton's lawyer. Keaton and another man appeared at Carrerou's office with a note signed by Keaton's mother, Oreatha K. Ogletree, dated February 16, 1990. The note stated that she would be responsible for the loan of $1200 to her son, and that she would make the payment in March 1990, when her CD matured. After assuring himself that the lawyer was indeed representing Keaton, and that Oreatha K. Ogletree was Timothy Keaton's mother, Oswald Carrerou gave Keaton a check for $1200 payable to Robert Doyel, the attorney. The check is dated February 16, 1990. Carrerou had never met nor seen Keaton before that day. Because of cash flow problems, Carrerou borrowed the $1200 from his wife's VISA credit card account at 18 percent interest in order to make the loan to Keaton. Keaton did not sign the note, although there was a space on the note for his signature and social security number. Moreover, instead of taking the check to the lawyer's office that afternoon as was arranged, he tore it into three pieces. He did not want to be responsible for the money and did not want his mother to be responsible either. Sometime later, but before the end of February 1990, Partin called Leah Carrerou and told her that the Keaton children had spilled something on the check or had torn it, and that another check was needed immediately. Keaton had an appointment with the lawyer that afternoon and the lawyer would not see him without the check. Partin said she would send someone over to pick it up, and someone from the Housing Authority did come to get the check from Mrs. Carrerou. Later, Mrs. Carrerou realized her check was written on the wrong account and, after speaking to the lawyer's secretary for approval, she mailed a substitute check for $1200, dated February 28, 1990, to Robert Doyel. The Carrerous were never repaid their $1200. After the end of thirty days, Leah Carrerou called Partin, who assured that she would get her money. After about five or six subsequent similar calls, the Carrerous sued Oreatha Ogletree on the note. A final judgement in favor of Oswald Carrerou was entered on July 9, 1990, by Polk County Judge, Harvey A. Kornstein. Later, Oswald Carrerou filed a satisfaction of that judgement when he learned that Timothy Keaton had torn up his original check to avoid binding himself or his mother. Keaton believed that Jan Partin had come up with the money for the lawyer. Keaton did not know that Partin had obtained another check from the Carrerous. The federal case was eventually settled without the need for Keaton to testify at a trial. Meanwhile, Keaton got back together with April Marshall and appeared at the custody hearing on her side. Commonly, and within the Housing Authority's function of providing services to tenants or other members of the public, housing authority staff make referrals to other social services agencies or resources. The referral of Timothy Keaton to a landlord in a housing authority program was not within the scope of that appropriate function. The greater weight of evidence established that it was Partin's romantic relationship with Keaton, rather than any eleemosynary impulse that motivated her misguided efforts on his behalf.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Commission on Ethics enter its final order finding that Jan Partin violated section 112.313(6), F.S., and recommending restitution in the amount of $1200 and a civil penalty of $5000. DONE AND RECOMMENDED this 22nd day of December, 1993, in Tallahassee, Leon County, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 1993. COPIES FURNISHED: Claire D. Dryfuss, Esquire Acting Advocate Commission on Ethics Office of the Attorney General The Capitol, PL-01 Tallahassee, Florida 32399-1050 Robert H. Grizzard, II, Esquire Post Office Box 992 Lakeland, Florida 33802-0992 Bonnie Williams, Executive Director Ethics Commission Post Office Drawer 15709 Tallahassee, Florida 32317-5709 Phil Claypool, General Counsel Ethics Commission Post Office Drawer 15709 Tallahassee, Florida 32317-5709
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of her national origin or ethnicity in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Fabiola Heiblum ("Heiblum") is a Hispanic woman who, at all times relevant to this action, has owned Unit No. 5C in the Carlton Bay Condominium, which is located in North Miami Beach, Florida. She purchased her unit in 2004 and has resided there continuously since some time in 2005. Respondent Carlton Bay Condominium Association, Inc. ("Association") is the entity responsible for operating and managing the condominium property in which Heiblum's unit is located. In March 2008, the Association's Board of Directors ("Board") approved a special assessment, to be levied against all unit owners, the proceeds of which would be used to pay insurance premiums. Each owner was required to pay his share of the special assessment in full on April 1, 2008, or, alternatively, in three equal monthly installments, due on the first of April, May, and June 2008, respectively. Heiblum's share of this special assessment was $912.81. At or around the same time, the Board also enacted a procedure for collecting assessments, including the special insurance assessment. According to this procedure, owners would have a grace period of 15 days within which to make a required payment. After that period, a delinquent owner would be notified, in writing, that the failure to pay his balance due within 15 days after the date of the notice would result in referral of the matter to an attorney for collection. The attorney, in that event, would file a Claim of Lien and send a demand letter threatening to initiate a foreclosure proceeding if the outstanding balance (together with costs and attorney's fees) was not paid within 30 days after receipt of the demand. This collection procedure applied to all unit owners. Heiblum did not make any payment toward the special assessment on April 1, 2008. She made no payment on May 1, 2008, either. (Heiblum concedes her obligation to pay the special assessment and does not contend that the Association failed to give proper notice regarding her default.) The Association accordingly asked its attorney to file a Claim of Lien against Unit No. 5C and take the legal steps necessary to collect the unpaid debt. By letter dated May 8, 2008, the Association's attorney notified Heiblum that a Claim of Lien against her property had been recorded in the public records; further, demand was made that she pay $1402.81 (the original debt of $912.81 plus costs and attorney's fees) to avoid foreclosure. On or around May 10, 2008, Heiblum gave the Association a check in the amount of $500, which the Association returned, under cover of a letter dated May 16, 2008, because its attorney was now in charge of collecting the overdue debt. Heiblum eventually paid the special assessment in full, together with costs and attorney's fees, thereby obviating the need for a foreclosure suit. Heiblum believes that the Association prosecuted its claims for unpaid special assessments more aggressively against Hispanics such as herself than persons of other national origins or ethnicities, for which owners the Association allegedly showed greater forbearance. Specifically, she believes that the Association did not retain its attorney to undertake collection efforts against non-Hispanic unit owners, sparing them the costs and fees that she was compelled to pay. There is, however, no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that the Association did not commit any prohibited discriminatory act vis-à-vis Heiblum.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Florida Commission on Human Relations enter a final order finding the Association not liable for housing discrimination and awarding Heiblum no relief. DONE AND ENTERED this 27th day of February, 2009, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM 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 27th day of February, 2009.
The Issue Whether Respondents have violated Florida's Fair Housing Act by refusing to rent an apartment to Petitioner because of her mental disability and familial status. If so, whether Petitioner should be granted the relief she has requested.
Findings Of Fact Based upon the evidence adduced at hearing and the record as a whole, the following findings of fact are made: Petitioner is a single parent. She has three sons, aged 10, 12, and 14. At all times material to the instant case, her sons have lived with her in the same household. At all times material to the instant case, Petitioner has suffered from phobias and from anxiety and panic attacks. At all times material to the instant case, Petitioner has received social security disability benefits from the federal government based upon her mental disability. Summer Lakes is a rental apartment community in Oakland Park, Florida. Petitioner lived in an apartment at Summer Lakes with her three sons from June of 1994 to January of 1995. During the period of her tenancy, Petitioner experienced financial problems. As a result, she had difficulty making her rent payments. In January of 1995, she was evicted from her Summer Lakes apartment for nonpayment of rent. Following her eviction, she and her sons lived with her mother in her mother's house (where Petitioner and her sons still live). Petitioner's financial situation improved following her eviction. By August 12, 1996, she had been able to save a substantial sum of money. On or about that date (August 12, 1996), Petitioner returned to Summer Lakes to inquire about again renting an apartment in the community. Flags outside the rental office indicated that apartments were available for rent. Upon entering the rental office, Petitioner was greeted by Vicki Atkinson (now Keating), Summer Lakes' manager. Summer Lakes had had another manager when Petitioner had lived there previously. Petitioner filled out an application to lease an apartment in the community and handed it to Ms. Atkinson. She also presented to Ms. Atkinson various documents in an effort to show that she would be financially able to make the required rent payments. Among these documents were bank statements which reflected that Petitioner had approximately $25,000 in the bank. Petitioner, in addition, showed Ms. Atkinson paperwork Petitioner had received from the federal government regarding her social security disability benefits. The paperwork indicated that Petitioner had been awarded these benefits (monthly payments of $910.00) based upon the finding that she had a mental disability. Immediately after reviewing the paperwork, Ms. Atkinson told Petitioner, "We don't want your kind here." Petitioner pleaded with Ms. Atkinson to let her rent an apartment in the Summer Lakes community. She even offered to have someone co-sign her lease. Ms. Atkinson was unmoved. Claiming that Petitioner's income was insufficient, she refused to rent an apartment to Petitioner. Her refusal was actually based upon her desire not to rent to a person with a mental disability. In refusing to rent an apartment to Petitioner, Ms. Atkinson was acting on behalf of the owner of Summer Lakes, Pittco Summer Lakes Associates, Ltd. (Pittco). Pittco no longer owns Summer Lakes and Ms. Atkinson no longer is its manager. Pittco sold Summer Lakes to SummerLake Oakland Park, Ltd., on or some time before July 1, 1998.
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 finding that, although Ms. Atkinson and Pittco committed a "discriminatory housing practice" by refusing to rent an apartment to Petitioner because of Petitioner's mental disability and familial status, the Commission is without authority to grant the relief Petitioner has requested. DONE AND ENTERED this 1st day of October, 1998, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 Filed with the Clerk of the Division of Administrative Hearings this 1st day of October, 1998.
Findings Of Fact Based upon the evidence adduced at hearing, the following findings are made: The position of Executive Director of the Sanford Housing Authority became available on July 31, 1981, upon the resignation of Lewis B. Cox, a white male who had held the position for approximately eighteen months. His letter of resignation was dated July 13, 1981. By her letter dated July 27, 1981, addressed to Joseph Caldwell, Chairman, Petitioner informed the Respondent of her application for the vacancy. At the time she had been employed by Respondent for approximately nine and a half years as Social Services Director and as Director of Management. Lewis Cox's letter of resignation included his recommendation that Petitioner be promoted as his successor. (Petitioner's Exhibit #1) Petitioner is a black female. Respondent is a public agency responsible for various housing and community development programs, including rentals to low and moderate income individuals. It receives government subsidies, primarily from the United States Department of Housing and Urban Development, and is also supported by rental income. Its governing body is a five-member board of commissioners which during the relevant period consisted of the following: Joseph Caldwell, Chairman (Black, Male) Eliza Pringle, Vice-Chairperson (Black, female) Mary Whitney, Commissioner (Black, female) J. Wain Cummings, Commissioner (White, male) Leroy Johnson, Commissioner (Black, male). On August 13, 1981, at the meeting following Lewis Cox's resignation as Acting Executive Director, the Board appointed Petitioner as Acting Director. No one was appointed to fill her position of Director of Management and she continued to serve in both capacities until the regular Executive Director was finally appointed. This process took approximately fourteen months, from July 31, 1981, until September 29, 1982. As Acting Director, the Petitioner advertised the vacancy by placing notices in the local paper and in professional newsletters. Over one hundred applications or resumes were received. At the suggestion of the Board attorney, the commissioners were each provided copies of all resumes and each selected his or her five top candidates. This was later narrowed to a list of six candidates to be interviewed. Petitioner was the only female candidate on the list. On January 7, 1982, the Board met to appoint an Executive Director. Two separate votes were taken at the meeting and both yielded the same result: Petitioner received two votes and three other candidates received one vote each; none received a majority. On January 16, 1982, the Board met and voted again. Again, the votes were taken twice, with the same result: Petitioner received two votes, Thomas Wilson III received two votes and Willie King, Sr. received one vote. Willie King was designated "second choice" by three commissioners. On January 29, 1982, the Board voted to appoint Willie King, Sr. as Executive Director. While he was not the first choice of any commissioner, he received four votes as second choice. None of the first choice candidates received a majority. (Petitioner's Exhibits #3 - 7, Minutes of Meetings of the Housing Authority of the City of Sanford) Willie King, Sr. declined the appointment. Thus, the process continued with interviews, discussions, and failure to reach a decision, until September 29, 1982, when the Board met, interviewed Elliott Smith, Coordinator of the C.E.T.A Youth Employment Program, and voted again. He was appointed Executive Director after receiving a three-vote majority. At the same meeting Petitioner was commended for her service and for having saved the Housing Authority money by filling two positions. She was then informed that she would resume her position as Director of Management. (Petitioner's Exhibit #10, Minutes of meeting) At the time of final hearing, she was still in that position. Petitioner's lengthy service with the Housing Authority gave her experience in virtually every aspect of the agency's housing programs. The grant programs were primarily handled by the Executive Director. Elliott L. Smith, at the time of his appointment as Executive Director, had no experience in housing programs. He did, however, have approximately seven years experience as coordinator of the Comprehensive Employment and Training Program (C.E.T.A.) for the Seminole County School Board in Sanford, Florida. This is a federal grant program. He also had administrative experience as a supervisor in a mill. (Respondent's Exhibit #1) The advertisements for the position did not require housing program experience, but rather emphasized the need for management experience and familiarity with federal, state, and local programs, and government regulations. (Petitioner's Exhibits #13 and #14). It must be noted that Petitioner's Exhibit #13, an invoice and the text of classified ad in the Evening Herald, was received into evidence without objection. However, the date on the invoice is January 9, 1980, and apparently relates to a prior recruiting effort rather than the 1981 vacancy. It is presumed that since it, like Petitioner's Exhibit #14, was submitted as an example of the recruitment ads, the requirements for the position did not substantially change. Both candidates, Petitioner and Mr. Smith, met the minimum requirements for the position. The Housing Authority has a personnel policy which is recommended by the Executive Director and adopted by the Board. The policy in effect during the relevant period provided very general guidance to the Board in making its appointment: one sentence on the merit system, a nondiscrimination clause and the statement that, "Vacated or newly established positions shall be filled to the fullest extent consistent with efficient operations, by the promotion of qualified, employees." (Petitioner's Exhibit #11). The commissioners, most of whom were newly appointed, had their individual notions of what qualifications the Executive Director should have. No specific objective criteria were developed to assist them in the selection process beyond the policy referred above and the minimum requirements in the vacancy notices. The common, overall goal of the Board, however, was to restore respectability to the Housing Authority. The Sanford black community was split into factions and this impacted the Board which consisted of a majority of black commissioners. The majority of tenants were also black. Relations between the tenants and staff were strained and a negative audit from the U.S. Department of HUD (U. S. Department of Housing and Urban Development) had just been received. Staff morale was low. A previous Executive Director, Thomas Wilson, III who served from 1972 until 1980, was fired by the Board amid rumors of financial mismanagement of the block grant program. This was the same Thomas Wilson who was considered a serious contender for the position when his successor, Lewis Cox, resigned. (See paragraph 4, above). During the recruitment and hiring process, the commissioners received intense pressure from the various factions in the community supporting various candidates or urging certain qualifications. Amid the procedural and political chaos surrounding the hiring, several notable rumors or controversies emerged. One such rumor was that Commissioner Cummings had made a statement to the effect that Petitioner had done a good job, but that it was a job for a man and he could not vote for her. He denies that statement and any prejudice against the Petitioner on account of her sex or race. He alleges that he voted against her because she was so closely connected to Thomas Wilson, having worked directly under him during his controversial tenure as Executive Director. Commissioner Whitney also denied in her testimony at the hearing that she heard the statement from Mr. Cummings. This testimony conflicts with her signed statement dated February 1, 1982, received into evidence, over objection, as Petitioner's Exhibit #16. On cross- examination, she denied having drafted the statement and could not remember who brought it to her to be signed. The statement is not a sworn statement. Commissioner Whitney consistently voted for hiring the Petitioner. Commissioner Eliza Pringle did not hear the alleged statement by Commissioner Cummings either, but she generated a controversy on her own. At some point during review of the applications, she commented that photographs would be nice since they would reveal whether the applicant was male or female. She explained that the comment was a flippant remark on some of the names of the applicants. She denied any sexist animus. She stated that the Petitioner is related to her through some distant cousins who, in turn, are related to the McCoys, a prominent black family connected to one of the black Sanford factions. One of the McCoys held two terms on the Housing Authority Board. Commissioner Pringle did not wish to fuel the factionalism by hiring a relative. She supported Elliot Smith because, as a former school teacher, she was familiar with his C.E.T.A work in the schools, and felt he could make a contribution to the community. Commissioner Leroy Johnson voted for Thomas Wilson to be hired back to his former position. He thought Wilson needed another chance and had the best experience. Later, when Elliot Smith was interviewed, he supported Smith because of his skills in working with people and in writing federal grants. Elliott Smith was a contender late in the hiring process because his C.E.T.A. position was eliminated. No woman has ever been Executive Director of the Sanford Housing Authority. Petitioner conceded, however, that even if Lewis Cox had been a woman he would have been hired because of his strong financial background. Willie King, the candidate who was offered the appointment, but declined, also had a background in financial affairs. As protracted as the process was, a common bond of frustration joined all the commissioners in their search for an Executive Director. Like a deus ex machina, Elliott Smith appeared on the scene at the eleventh hour, fourteen months after the vacancy was created, and obtained the three votes necessary for a majority. By those who voted for him, he was viewed as having the necessary skills without the close ties to the Housing Authority which appeared to taint the other leading candidates.
Recommendation Based upon the foregoing, it is recommended that the Human Relations Commission enter a final order finding that Respondent did not discriminate against Petitioner and denying Petitioner's claim for relief. DONE and ORDERED this 20th day of January, 1986, in Tallahassee, Florida. MARY CLARK, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of January, 1986. APPENDIX TO FINAL ORDER IN CASE NO. 84-2640 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in substance in paragraphs 1 and 3. Adopted in paragraph 1. Adopted in paragraph 1. The statement that all prior Executive Directors had been males is adopted in paragraph 13. Adopted in paragraph 3. Adopted in paragraph 5. Rejected as being contrary to the evidence. Adopted in paragraph 1 and 4. Adopted in substance in paragraphs 6 and 7. Adopted in paragraph 4. Adopted in paragraphs 4 and 5. Adopted in substance in paragraph 3. Adopted in substance in paragraph 5. Rejected as contrary to the evidence. Adopted in part in paragraph 9. The first sentence regarding the absence of any objective standards is too broad to be consistent with the evidence. Rejected as being unsupported by competent substantial evidence. See paragraph 8 and 9. Adopted in paragraph 8. Rejected as being unnecessary. Rulings on Proposed Findings of Fact Submitted by the Respondent Rejected as unnecessary and immaterial. Adopted in paragraphs 1 and 3. Adopted in paragraph 1. Adopted in paragraph 3. Adopted in paragraph 5, except that Smith was appointed on September 29, 1982, rather than September 19th. Adopted in substance in paragraph 9 and 13. Adopted in substance in paragraph 13. Rejected as unnecessary. Adopted in paragraph 11, except the final sentence, which is unnecessary. Adopted in substance in paragraph 4. Adopted in paragraph 13. Rejected as cumulative and unnecessary. Rejected as contrary to the weight of the evidence, although it is accepted that black politics is one factor in the decision-making function of the board. See paragraph 9. Adopted in paragraph 10. Adopted in substance in paragraph 10. Adopted in part in paragraph 11. The last sentence is rejected as being inconsistent with the weight of the evidence. Adopted in substance in paragraph 12. Adopted in substance in conclusions of law, paragraph 8. COPIES FURNISHED: Dana Baird, Esquire Florida Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303 Betsy Howard, Clerk Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303 Donald A. Griffin Executive Director 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303 Harry L. Lamb, Esquire 621 N. Fern Creek Avenue Orlando, Florida 32803 Ned N. Julian, Esquire Post Office Box 1330 Sanford, Florida 32771
The Issue The issue is whether this case should be dismissed based on Petitioner's failure to make an appearance at hearing.
Findings Of Fact On January 7, 2011, the undersigned issued the Initial Order in this case. Petitioner and Respondent responded to the Initial Order. On February 10, 2011, the undersigned issued a Notice of Hearing, scheduling the hearing for March 28, 2011. The Notice of Hearing was not returned as undeliverable to Petitioner. Indeed, Petitioner wrote and filed several letters regarding her upcoming hearing and case in general. On March 18, 2011, the hearing was convened as scheduled. After waiting 15 minutes, Petitioner did not appear at the hearing and did not contact the undersigned’s office regarding any problem with commencing the hearing as scheduled. Accordingly, no evidence to support Petitioner’s allegations was introduced at the hearing. Given this lack of evidence, the Petition for Relief should be dismissed.
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 15th day of April, 2011, in Tallahassee, Leon County, Florida. S DIANE CLEAVINGR 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 April, 2011. COPIES FURNISHED: Gayle Wilburn 1006 East Johnson Avenue, #4 Pensacola, Florida 32514 Robert E. Larkin, Esquire Allen Norton & Blue, P.A. 906 North Monroe Street Tallahassee, Florida 32303 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
The Issue Whether Respondents, Housing Authority of Flagler County and Chris Beyrer, Executive Director of the Housing Authority of Flagler County (collectively, the Authority); and Advantage Realty and Management, Inc. and Dymitri Belkin (collectively, Advantage), discriminated against Petitioner Jennifer Nichole King (Petitioner) based on her race by engaging in discriminatory terms and conditions, discriminatory statements, and steering, in violation of the Florida Fair Housing Act, chapter 760, Florida Statutes.
Findings Of Fact Petitioner is an African-American female who is a participant in the Authority’s Section 8 Housing Choice Voucher Program (Section 8 Program). On April 8, 2013, Petitioner moved from the Pinellas County Housing Authority’s Section 8 Program to the Authority’s Section 8 Program. The Authority did not transfer Petitioner into its Section 8 Program, but rather administers Petitioner’s Section 8 voucher for the Pinellas County’s Housing Authority in accordance with the federal Housing and Urban Development (HUD) regulations. The essence of Petitioner’s claim against the Authority is that, because of her race, the Authority, and its executive director, Chris Beyer, steered her away from homes in predominately white areas and told her she needed to look for homes in the “projects.” According to Petitioner, when she inquired about certain homes in nicer, predominantly white areas, Chris Beyer told her that people like her did not qualify for that type of housing. She also suggested that, because of discrimination based on her race, the Authority allowed Advantage, and/or the owners of the housing units that she rented under the Section 8 Program, to continue to receive rent and raise rental rates, even though the Authority knew that repairs required for habitability were not being made. The evidence, as outlined in the Findings of Fact below, does not support Petitioner’s claims against the Authority. During her orientation process for Section 8 services in Flagler County, Petitioner completed the Authority’s voucher briefing process, which included both an oral briefing and an information packet. The subjects covered by the briefing information and documentation included family and owner obligations and responsibilities; the housing selection process; a list of the Authority’s resources for locating housing, which included areas outside of poverty or minority concentrated areas; the Authority’s process for determining the amount of housing assistance payment for the family and maximum rent; and a list of participating realtors that manage properties for various owners participating in the Section 8 Program. After Petitioner completed the voucher briefing process, on April 18, 2013, the Authority issued Petitioner a Housing Choice Voucher. In July 2013, Petitioner independently, and voluntarily, located a potential rental unit at 49 Raintree Place, Palm Coast, Florida 32164 (Raintree Place unit), and submitted a Request for Tenancy Approval for this unit to the Authority, along with a copy of the proposed dwelling lease for the unit. The Raintree Place unit was a four bedroom, detached single-family home constructed in 2006. The proposed rent for the unit was $1,000.00 per month, with a required security deposit of $1,500.00. The Authority inspected the unit, determined that it passed the housing quality standards, and that the rent was reasonable. The Authority then approved the unit and executed a Housing Assistance Payment (HAP) contract with the owner, or owner’s agent, to pay housing assistance to the owner on behalf of Petitioner. On May 29, 2014, the owner of the Raintree Place unit filed an eviction action against Petitioner for nonpayment of rent. At a subsequent mediation, the parties to the eviction action entered a stipulation agreement on July 2, 2014, which required Petitioner, among other things, to vacate the unit by July 31, 2014. The stipulation agreement also provided that if Petitioner timely performed all of the terms and conditions of the stipulation agreement, then the owner agreed to dismiss the eviction case. On July 31, 2014, Petitioner timely vacated the Raintree Place unit as agreed, thereby avoiding a judgment for possession against her. Thereafter, on August 6, 2014, the Authority issued Petitioner a new Housing Choice Voucher to locate another rental unit. In August 2014, Petitioner independently, and voluntarily, located another potential unit located at 92 Ulysses Trail, Palm Coast, Florida 32164 (Ulysses Trail unit). Petitioner submitted a Request for Tenancy Approval for this unit to the Authority, along with a copy of the proposed dwelling lease. This unit was a four bedroom, detached single- family home constructed in 2002. The proposed rent for the unit was $1,200.00 per month, and the security deposit was $1,500.00. The Ulysses Trail unit was owned by Serghei Potorac. Mr. Potorac hired Advantage to manage the unit. Advantage managed the Ulysses Trail unit until September 6, 2017. The Authority inspected the Ulysses Trail unit and determined that it passed the housing quality standards and that the proposed rent was reasonable. The Authority then approved the unit and executed a HAP contract with the owner, or the owner’s agent, Advantage, to pay housing assistance to the owner on behalf of Petitioner. Petitioner and her family moved into the Ulysses Trail unit on September 1, 2014. During Petitioner’s tenancy, the owner of the Ulysses Trail unit received various notices for city code violations because of Petitioner’s failure to maintain the property in accordance with local city codes or ordinances. The alleged violations included overgrown lawn, failing to screen outside trash containers, and accumulation of trash on the property. As a result, the city assessed fines against the owner totaling over $800.00. On July 8, 2015, Advantage sent Petitioner a seven-day notice to cure, demanding that she pay the outstanding fines. Petitioner ultimately either corrected, or agreed to correct, the violations. As a result, the city waived the outstanding fines. After conferring with the owner, Petitioner and Advantage advised the Authority that the owner would not proceed against Petitioner. On July 13, 2015, the Authority conducted an annual inspection of the Ulysses Trail unit. The unit passed the inspection but there were some issues that the Authority felt needed to be addressed. Therefore, on July 13, 2015, Robert Beyrer, the Petitioner’s housing counselor at the Authority, sent Advantage an email regarding those issues. The next year, on July 12, 2016, the Authority conducted its next annual inspection of the Ulysses Trail unit. Because of some noted deficiencies, the unit did not initially pass inspection. The Authority sent correspondence to Advantage detailing the deficiencies that needed correction by August 12, 2016. Thereafter, Advantage provided the Authority with an invoice from VK Services showing that the deficiencies had been timely corrected. During the time period from July 2015 through October 2016, the Authority received copies of at least four three-day notices that Advantage had delivered to Petitioner for failing to timely pay rent. With respect to a three-day notice delivered to Petitioner on October 11, 2016, the owner subsequently filed an eviction action on October 20, 2016. During a court-ordered mediation, the parties entered into a Stipulation Agreement dated November 10, 2016. When Petitioner failed to comply with the November 10, 2016, Stipulation Agreement, Advantage filed an affidavit on February 2, 2017, on behalf of the owner, seeking a judgment for possession. That same day, without advising the Authority of the ongoing eviction action, Petitioner asked the Authority to conduct a special inspection of the Ulysses Trail unit. During the Authority’s inspection, the Authority found that the unit failed the inspection as a result of various deficiencies attributed to both the owner and Petitioner. The next day, on February 3, 2017, the court entered a final judgment for possession against Petitioner, and the court clerk issued a writ of possession. In response, Petitioner filed a motion to stay the execution of the writ, claiming, among other things, that Advantage failed to repair items as agreed in the November 10, 2016, Stipulation Agreement. In the meantime, the unit was re-inspected by the Authority on February 27, 2017, and the inspector found that some of the deficiencies had been addressed but there remained some that still needed to be corrected. On March 14, 2017, the Authority did a final inspection of the unit and determined that the remaining deficiencies had been addressed by both Advantage and Petitioner. Following two hearings on Petitioner’s motion in the eviction case, the court granted Petitioner’s motion to stay and vacated the final judgment. The court also reduced Petitioner’s portion of the rent due for the months of January and February 2017 based on its findings regarding the outstanding repairs. Further court orders reflect that Advantage ultimately addressed the disputed repairs and that Petitioner was ordered to pay full rent for the months of March and April 2017. The Authority was not a party and did not appear in the eviction proceedings. Thereafter, the owner gave Petitioner notice and advised the Authority that Petitioner’s lease would not be renewed, and that Petitioner would need to vacate the unit by August 31, 2017. The Authority subsequently sent correspondences to Petitioner explaining what she needed to do in order to be eligible to move to another location with continued housing assistance from the Authority. Petitioner timely vacated the Ulysses Trail unit and was issued a new voucher by the Authority on September 1, 2017, that could be used for a new rental unit. On October 13, 2017, Petitioner sent Robert Beyrer an email stating: Good Morning, Can you email the list of realtors that you have. I misplaced ours with all the moving about. Also I am going to need to request an[] extension of my voucher. Do we need to sign anything? Thank, Jen King In response, Robert Beyrer sent Petitioner another copy of the list of participating realtors in Flagler County previously provided to her by the Authority during her initial voucher briefing. The Authority, through Robert Beyrer, also granted Petitioner’s request for an extension of her voucher until December 1, 2017. On October 30, 2017, Petitioner sent Robert Beyrer another email advising that she was having difficulty finding another unit. By email, Robert Beyrer responded by further extending the expiration date of her voucher until December 31, 2017, and counseling her on various sources where she might find available units, stating: There are rentals out there. I am not sure who you are speaking with. I would continue to contact the landlords on the participating realtors list, check the local newspaper weekly, and check Zillow.com for reputable property management companies. We have been leasing people up with your voucher size in your price range. I will continue to keep my eyes open for you! Petitioner independently and voluntarily located a potential rental unit located at 10 Pier Lane, Palm Coast, Florida 32164 (Pier Lane unit) and, on December 27, 2017, submitted a Request for Tenancy Approval for this unit to the Authority, along with a copy of the proposed dwelling lease for the unit. The Authority inspected the Pier Lane unit and determined that it passed the housing quality standards and that the proposed rent was reasonable. The Authority then approved the unit and executed a HAP contract with the owner, or owner’s agent, to pay housing assistance to the owner on Petitioner’s behalf. On February 1, 2018, Petitioner moved into the Pier Lane unit. At the time of the final hearing, Petitioner was residing at the Pier Lane unit and the Authority was paying HAP payments to the owner on behalf of Petitioner under a HAP Contract with the owner. At the hearing, Petitioner maintained that the crux of her housing discrimination complaint was actually based on racially discriminatory statements allegedly made to her by Chris Beyrer. Petitioner alleged that Chris Beyrer said to her, among other things, “You cannot live by the canals; they do not rent to people like you.” Petitioner testified that she took Chris Beyrer’s statements to mean that she could not rent a unit by the canals because they do not rent to black people or people of color. Petitioner admitted, however, that Chris Beyrer never referenced or otherwise indicated that race was the underlying reason or motive when he made the alleged statements. Chris Beyrer denied making the alleged discriminatory statements attributed to her by Petitioner, or any other racially discriminatory statements. Ms. Beyer explained that any housing suggestions to Petitioner would have been on the type of unit Petitioner could afford to rent based on the amount of her reported household income and rental subsidy. Ms. Beyer’s testimony was credible and is accepted. Rather than showing racial discrimination against Petitioner in the Authority’s administration of the Section 8 Program, the evidence showed that, as a Section 8 participant in Flagler County, Petitioner was and is free to locate or choose an eligible rental unit anywhere in the Authority’s jurisdiction and submit the proposed rental unit to the Authority for approval. Further, at the hearing, Petitioner withdrew any claim that Advantage had unlawfully discriminated against her because of her race by failing to make requested repairs or by providing false repair records for the Ulysses Trail unit to the Authority. Specifically, Petitioner stated at the hearing that she did not believe Advantage had engaged in any discriminatory conduct towards her, and was rescinding her housing discrimination complaint against Advantage. Nevertheless, near the close of the hearing, one of Advantage’s witnesses, a repairman from VK Services, provided brief testimony confirming that he had personally made the repairs at the Ulysses Trail unit, as indicated in the various invoices provided by Advantage to the Authority. The testimony is credited. Finally, despite Petitioner’s claims that the Authority also discriminated against her by allowing Advantage to raise rents and continuing to pay HAP to the owner during the years of her tenancy at the Ulysses Trail unit while unaddressed deficiencies existed, Petitioner admitted that she voluntarily chose to accept the owner’s proposed rental increases and repeatedly renewed her lease with the owner. The evidence further showed that Petitioner was always free under the Section 8 Program to reject lease rental increases and relocate to a new unit of her choice with continued housing assistance from the Authority. In sum, the evidence does not support Petitioner’s claim that, because of racial discrimination, the Authority steered her to only certain rental units, that the Authority allowed rent increases despite lack of repairs, that there were discriminatory statements made against her, or that Advantage was complicit in the alleged discrimination.
Recommendation Based upon 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 and Complaint. DONE AND ENTERED this 30th day of August, 2018, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, 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 30th day of August, 2018.
