The Issue The issue in this case is whether Respondent, Monroe County Housing Authority, unlawfully discriminated against Petitioner, Diane Scott, on the basis of her race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Diane Scott is a black women. Her husband, Kenneth Scott, who lives with her, is a black man. Respondent Monroe County Housing Authority (hereinafter referred to as the "Housing Authority") is responsible for providing low income and affordable rental apartments in Monroe County, Florida (hereinafter referred to as the “County”), a political subdivision of the State of Florida. The Housing Authority is responsible for the Section 8 Housing Choice Voucher Program. Ms. Scott and her husband (hereinafter referred jointly as the “Scotts”), are former residents of apartment number 23 (hereinafter referred to as the “Apartment”), Tropical Isle Apartments, one of the Housing Authority’s housing developments, located at 260 41st Street, Marathon, Florida. The Scotts rented the Apartment pursuant to an Affordable Housing Residential Lease Agreement entered into on March 1, 2007 (hereinafter referred to as the “Lease”). The Lease provided for a one-year rental period. As the Scotts readily admitted at hearing, Ms. Scott has raised numerous complaints with the Housing Authority concerning matters ranging from drug sales and use at Tropical Isle Apartments, which door maintenance personnel should utilize to enter the Apartment, and, most recently, the employment of an individual with a criminal record at Tropical Isle Apartments. Ms. Scott’s complaints, which were made in person, by telephone, and by email, were numerous and extremely time-consuming to deal with by personnel of the Housing Authority. Efforts to respond to Ms. Scott’s complaints more often than not did not satisfy her. By letter dated January 23, 2008 (hereinafter referred to as the “Notice of Violation”), the Scotts were informed that Ms. Scott’s conduct constituted a violation of the Lease and that if it continued, could result in termination of the Lease (why the letter was signed by Charla Rodriguez, Director of Operations, The Housing Authority of the City of Key West, Florida, was not explained at hearing). Jesus Manuel Castillo, Sr., Executive Director of the Housing Authority, met with the Scotts on February 28, 2008, to discuss the Notice of Violation and determined that the Notice had been properly issued. Ms. Scott’s behavior did not improve. Consequently, by letter dated October 30, 2008, Susan E. Vogt, Housing Manager for Tropical Isle Apartments, informed the Scotts that their Lease would not be renewed and that, therefore, their Lease would expire effective January 12, 2009. Ms. Vogt’s more than four-page letter described in some detail the events which had led to the decision to not renew the Scotts’ Lease. The decision to not renew the Scotts’ Lease was made by Mr. Castillo, Sr. Mr. Castillo had met with Ms. Scott on more than one occasion and had been the recipient of her emails and telephone calls and was well aware of the time and effort staff had to expend dealing with Ms. Scott’s complaints. Mr. Castillo, on behalf of the Housing Authority, decided to not renew the Scotts’ lease, rather than evicting them so that the Scotts would be able to continue to receive a Section 8 voucher. There is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Even the Scotts admitted at hearing that their lease was not renewed primarily because of Ms. Scott’s continuous complaints, adding that they “believed it was also because of their race.” Even Ms. Scott’s Proposed Recommended Order fails to mention how her race played any part in her treatment by the Housing Authority. Ultimately it is determined that the Housing Authority did not commit any prohibited act vis-à-vis Ms. Scott.
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 the Monroe County Housing Authority not liable for housing discrimination and awarding Ms. Scott no relief. DONE AND ENTERED this 14th day of July, 2009, in Tallahassee, Leon County, Florida. LARRY J. SARTIN 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 14th day of July, 2009. COPIES FURNISHED: J. Manuel Castillo, Sr. Monroe County Housing Authority 1400 Kennedy Drive Key West, Florida 33040 Diane Scott Post Office Box 501586 Marathon, Florida 33050 Franklin D. Greenman, Esquire Greenman, Manz & Ables Gulfside Village, Suite 40 5800 Overseas Highway Marathon, Florida 33050 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 Respondent, Ameron Homes, Inc., discriminated against Petitioner, Carolyn Henke, in violation of the Florida Fair Housing Act; and, if so, the relief to which Petitioner is entitled.
Findings Of Fact On March 12, 2015, Petitioner entered into a contract with Ameron to build a new home in Micco, Florida. Petitioner selected Ameron because of the reasonable price it offered to construct her house, as well as the fact that Ameron could immediately begin work. The total contract price for Petitioner’s new house was $198,052. This figure included a base price of $170,000, plus “extras” that Petitioner requested in the amount of $27,552. Ameron completed construction of Petitioner’s house in September 2015. Petitioner moved into her home on September 25, 2015. She paid her final bill to Ameron on September 29, 2015. Petitioner complains that Ameron failed to construct her home using the required standard of care. She also maintains that Ameron overcharged her for certain building materials. Petitioner specifically alleges that the house Ameron built for her did not include several of the details, features, or “extras” that she specifically requested. Petitioner further asserts that she paid approximately $8,500 for items that should have been covered in her “extra” charges. Petitioner claims that she found a number of deficiencies when she moved in. Petitioner’s issues include: Storm shutters: Ameron provided storm shutters for Petitioner’s exterior windows as part of its standard contract. Petitioner represented that the shutters delivered to her home were made of steel. Petitioner explained that steel shutters are much too heavy for her to hang over her windows. Petitioner insisted that she should have been given aluminum shutters instead of steel shutters. Petitioner complained that Mr. Brognano never discussed the different types of shutters that Ameron could have offered with her contract. Flooring: Petitioner disliked the laminate flooring Ameron installed in her home as part of its standard contract. Therefore, she purchased wood-like, tile flooring on her own. Petitioner was upset that she had to pay an additional cost (above the “extras”) for the tile she selected (approximately $2,000). Kitchen cabinets: Petitioner was upset at the poor quality of her cabinets. Petitioner asserts that under her contract, she was entitled to select the cabinets for her kitchen. Instead, Petitioner declared that Ameron installed cabinets with a very cheap exterior coating. Petitioner testified that the finish on her cabinets is beginning to peel. Front door: Petitioner complains that her front door does not fit tightly into the doorframe. In addition, the front door needs to be adjusted to eliminate a gap at the bottom of the doorway. Sod and soil: Petitioner is upset that she had to pay extra for part of the sod laid around her home (approximately $1,000). Furthermore, after rain eroded soil away from her home, Petitioner believes that Ameron should have corrected the situation. General construction complaints: Petitioner complained about the general quality of her home, as well as its condition upon completion. Petitioner asserted that she found dust, nails, and gobs of plaster scattered throughout her house. Petitioner claims that she has plumbing and sewer issues. In addition, a ceiling register is broken and some grout and cement is cracked and worn away. Finally, Petitioner complains that Ameron failed to make several modifications she requested as she moved into her home. Petitioner alleges that Ameron inadequately or failed to include handicap accessible features in her bathroom. These features most notably included grab bars in her shower. Petitioner also asserted that Ameron failed to account for her disability when it installed the soap dish and fixtures in her shower. They are positioned too high for her to safely reach or adjust. (As explained below, at Petitioner’s request, Ameron hired and paid a third party to install grab bars in Petitioner’s shower. At the final hearing, Petitioner testified that, at this time, the grab bar is broken.) Petitioner believes that Ameron took advantage of her because she is a woman, elderly, alone, and handicapped. Petitioner asserts that when she expressed her frustration at the manner in which her house was built, Ameron never listened to her. Petitioner also believes that Ameron overcharged her for the inferior “extras” it added to her home. Petitioner asserts that Ameron would not have ignored her complaints if she was a man. Petitioner was 87 years old at the time of the final hearing. Respondent does not dispute that Petitioner suffers from a physical disability.4/ Petitioner testified that she sent her initial complaint to the Commission alleging a discriminatory housing practice by Ameron on October 31, 2016.5/ Ameron is owned by William and Todd Brognano. At the final hearing, William Brognano testified on Ameron’s behalf. Mr. Brognano relayed that Ameron has been building homes since 1981. Mr. Brognano asserted that Ameron has a fine reputation for the quality of the homes it constructs. Mr. Brognano expressed that Ameron builds between 100 and 170 homes a year. Ameron has built many homes for women and handicapped persons. Mr. Brognano denied building Petitioner’s home in a faulty manner. He further denied that Ameron discriminated against Petitioner in any way. Mr. Brognano explained that Petitioner contracted with Ameron to construct a single-family home for the base price of $170,000. In addition, Petitioner requested “extras” to her home in the amount of $27,552. These “extras” included certain enhancements and modifications, such as a two-foot addition to her bedroom, different laminate and tile for certain floors, walls, and countertops, additional lighting, a tile roof, and the relocation of several palm trees in her yard. Mr. Brognano asserted that all the standard features of Petitioner’s home, as well as each “extra” that Petitioner requested, were clearly itemized in her contract. In response to Petitioner’s specific complaints, Mr. Brognano offered the following: Windows: Mr. Brognano commented that all standard homes are built with windows and shutters that meet Florida Building Code requirements. Ameron could have installed impact windows on Petitioner’s house for an additional charge. However, Petitioner specifically declined impact windows because of the cost. Storm shutters: Mr. Brognano explained that Petitioner’s contract did not specify the type of storm shutters to include with her home. In addition, Petitioner specifically declined upgraded shutters because of the cost. Therefore, Mr. Brognano believed that Ameron initially provided steel shutters, which are standard. (Steel shutters are heavier, but stronger, than aluminum shutters.) However, Mr. Brognano testified that after Petitioner notified Ameron of her desire for aluminum shutters, Ameron agreed to arrange for a third-party shutter company to deliver aluminum shutters to Petitioner’s home at no extra charge. (The bill from the company that supplied the shutters referenced “aluminum” shutters. However, Petitioner maintains that the storm shutters she received were steel.) Flooring: Ameron installed floor coverings, including carpeted bedrooms, vinyl kitchen flooring, and tile, as standard features in Petitioner’s home. Petitioner, however, wanted to use laminated wood flooring in parts of her home. Therefore, in June 2015, on her own, Petitioner bought wood tile flooring from a third-party tile company. The additional tile cost Petitioner $2,331.29. Ameron agreed to pay a subcontractor to install the tile Petitioner purchased. Kitchen cabinets: Mr. Brognano refuted Petitioner’s assertion that her cabinets were made of cheap material. Mr. Brognano relayed that, not only did Petitioner select the cabinets that Ameron installed, but they were of nice quality. Sod and soil: Per the specific terms of Petitioner’s contract, Ameron provided 8,000 square feet of Bahia sod for Petitioner’s property. However, Petitioner’s lawn required a total of 10,625 square feet of sod. Mr. Brognano asserted that Petitioner was obligated to pay the additional cost. Mr. Brognano further testified that Ameron fixed the parts of Petitioner’s lawn affected by erosion at no additional cost. General construction complaints: Mr. Brognano commented that Petitioner’s complaints reveal that she does not understand how home construction works. The presence of sawdust, nails, and construction materials is common in most homes during, or immediately after, construction. Just before Petitioner moved in, Ameron paid to have her house professionally cleaned (as is its common practice). Mr. Brognano further testified that everything in Petitioner’s home meets building code standards. Mr. Brognano also claimed that Ameron addressed a number of Petitioner’s complaints. Finally, upon completion, Petitioner’s home was inspected, and no construction issues were found. Regarding Petitioner’s shower, Mr. Brognano explained that Petitioner first notified Ameron about the issues in her shower just after Ameron had completed her home, but before she took occupancy on September 25, 2015. Mr. Brognano relayed that Petitioner’s contract did not contain any provisions regarding grab bars. Instead, Petitioner personally bought grab bars and requested Ameron install them. (Petitioner produced a purchase receipt from Lowe’s showing that two grab bars were purchased on September 10, 2015.) Mr. Brognano testified that Ameron agreed to pay for the installation of both the grab bars and the soap dish at no extra charge to Petitioner. (At the final hearing, Petitioner asserted that she personally paid the individual Ameron hired to install the grab bars.) Ameron hired Chuck Velek, who has worked as a carpenter for over 30 years, to install the grab bars. At the final hearing, Mr. Velek testified that when he reported to Petitioner’s home, she provided him with a grab bar and instructed him to place it in her shower. Mr. Velek declared that he installed one grab bar in Petitioner’s shower. Mr. Velek stated that Petitioner’s friend directed him where to position the grab bar in the shower. Mr. Brognano testified that, when she moved into her home on September 25, 2015, Petitioner did not alert Ameron to any issues with her shower. On the contrary, Petitioner told Mr. Brognano that she loved her house. Based on the evidence and testimony presented at the final hearing, Petitioner did not demonstrate, by a preponderance of the evidence, that Ameron discriminated against her based on her age, sex, (aloneness) or handicap in violation of the FHA.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing the Petition for Relief filed by Petitioner, Carolyn Henke, for lack of jurisdiction based on Petitioner’s failure to timely file her petition under the Florida Fair Housing Act. Alternatively, it is RECOMMENDED that the Florida Commission on Human Relations issue a file order concluding that Respondent, Ameron, did not commit a discriminatory housing practice against Petitioner and dismiss her Petition for Relief. DONE AND ENTERED this 5th day of December, 2018, in Tallahassee, Leon County, Florida. S J. BRUCE CULPEPPER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 2018.
The Issue Whether the Florida Commission on Human Relations and the Division of Administrative Hearings have jurisdiction pursuant to Section 760.34, Florida Statutes, to consider Petitioner's Petition for Relief; and Whether Petitioner timely filed his Petition for Relief with the Florida Commission on Human Relations.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Facts are made: Petitioner contracted to purchase a condominium, "unit 206 in Building 425 at Serravella at Spring Valley" from Respondent. For reasons not relevant to the issues presented for determination, closing was deferred; and on December 22, 2006, Petitioner signed and submitted an "Addendum to Contract" to Respondent that sought "to revise contract closing date to 2/28/2007." Sometime in late December 2006, a telephone conversation took place among Steve Myers, a realtor for Serra Villa, Petitioner, and Barefield. Barefield was in Alabama, and Myers and Petitioner were in Florida on a speakerphone. Barefield advised Petitioner that the addendum would not be accepted by Respondent. Barefield and Petitioner did not speak to each other after this December telephone conversation. All communication was accomplished through third parties. Subsequent to Respondent's refusal to accept Petitioner's addendum, there is lengthy correspondence and litigation involving the parties. For some time after Respondent rejected Petitioner's addendum, Petitioner desired to purchase the condominium and, apparently, indicated so in various offers communicated by his attorneys to Respondent. If an unlawful discriminatory act occurred, the determination of which is not an issue presented for determination, the act occurred in December 2006. Petitioner's Housing Discrimination Complaint dated September 17, 2008, and signed by Petitioner on September 22, 2008, was filed with United States Department of Housing and Urban Development more than one year after the alleged act of discrimination. On November 6, 2008, Petitioner sent a four-page fax transmission to Lisa Sutherland, a FCHR employee, which included a Petition for Relief. On November 13, 2008, Petitioner sent a second fax transmission of seven pages to Lisa Sutherland. Apparently, this second transmission included a Petition for Relief. On December 4, 2008, Petitioner sent a third fax transmission addressed to "Mrs. Crawford/Lisa Sutherland." While the fax transmission cover sheet is dated "11-13-08," the report of transmission shows that this 11-page transmission was sent on "12/04 15:24." The Petition for Relief forwarded by FCHR to DOAH was date-stamped "2008 DEC-4 PM 3:25."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR dismiss the Petition for Relief as being time-barred as a result of the late filing of Petitioner, Ricardo Vega's, Housing Discrimination Complaint. DONE AND ENTERED this 27th day of April, 2009, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of April, 2009. 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 Richard S. Taylor, Jr., Esquire 531 Dog Track Road Longwood, Florida 32750-6547 Barbara Billiot-Stage, Esquire Law Offices of Barbara Billiot-Stage, PA 5401 South Kirkman Road, Suite 310 Orlando, Florida 32819
The Issue Whether Respondent committed a discriminatory housing practice by "lock[ing] [Petitioner] out of [his] apartment" at the Arena Hotel, as alleged in Petitioner's housing discrimination complaint, and, if so, what relief should the Florida Commission on Human Relations (Commission) provide Petitioner.
Findings Of Fact Based on the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: Respondent is a black male. Since 2000, he has maintained a residence at the Arena Hotel (Establishment), a rooming house (with 22 rooms) located in Miami, Florida. Respondent is the former owner of the Establishment. He purchased the Establishment approximately three years ago. At the time of the purchase, there were only a small handful of blacks residing in the Establishment (including Petitioner). The percentage of black residents increased significantly during his ownership. Respondent lived in Israel when he owned the Establishment (as he does now). Every several months he traveled to Miami and visited the Establishment. Respondent had an on-site manager to take care of the day-to-day affairs of the Establishment for him. Respondent also had a brother living in the area on whom he could call to check on the Establishment. The brother, Gil Terem, worked for Majestic Properties, Inc., a Miami-based real estate brokerage firm. Gil Terem assisted in Respondent's sale of the Establishment. From the time Respondent purchased the Establishment until the time he sold it, Petitioner regularly complained to management and various governmental agencies about the conditions in his room and the common areas. Petitioner's complaints were not the only ones management received during this time frame. There were also complaints from residents of the Establishment who claimed that Petitioner was acting aggressively and harassing them. On November 6, 2002, government inspectors conducted an inspection of the Establishment. Later that same day, November 6, 2002, City of Miami police were called to the Establishment by management to look into an allegation of harassment made against Petitioner. Gil Terem was on the premises of the Establishment when the police arrived. Respondent was not present. He was in Israel. Upon their arrival, the police confronted Petitioner and spoke with him. Although the police did not arrest Petitioner or take him into custody, Petitioner was under the impression, following his discussion with the police, that he was not free to reenter his room and that he had to vacate the premises. He therefore left the Establishment without returning to his room. Notwithstanding what Petitioner may have believed, there was no intention to evict him. Petitioner pursued legal action in Miami-Dade Circuit Court alleging that he was illegally removed from his room in the Establishment. On December 4, 2002, in the case of David Powell v. Majestic Properties, Inc., Case No. 02-27703CA30, Miami-Dade County Circuit Court Judge Barbara Levenson issued an Order Granting Plaintiff's Motion for Injunctive Relief, which read as follows: This cause having come on to be heard on Dec. 4, 2002 on Plaintiff's Motion for Injunctive Relief and the Court having heard argument of counsel, and being otherwise advised in the premises, its is hereupon, ORDERED AND ADJUDGED that said Motion be, and the same is hereby, granted. A temporary restraining order is in effect pending the setting of a further hearing. [Plaintiff] is allowed to return to his residence. Following the entry of this Order, Petitioner returned to his room in the Establishment. Because there was a new lock on the door that had been installed during his absence, he was not able to enter the room until Gil Terem came by with a key to let him in. Subsequent to his return to the Establishment, Petitioner initiated various judicial and administrative actions, including the instant one,1 claiming that Respondent and others conspired to unlawfully discriminate against him by depriving him of the opportunity to enjoy the privileges of residing at the Establishment. The record evidence is insufficient to establish that Petitioner was in any way discriminated against on the basis of race or handicap or that any adverse action was taken against him in retaliation for his claiming that he was the victim of housing discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission issue a final order finding that no "discriminatory housing practice" has been committed and dismissing Petitioner's complaint based on such finding. DONE AND ENTERED this 6th day of October, 2004, in Tallahassee, Leon County, Florida. S 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of October, 2004.
