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 based upon Petitioner’s race or handicap in providing housing assistance. Whether Respondent, in providing housing assistance, failed to make reasonable accommodations for Petitioner’s physical disability.
Findings Of Fact Petitioner and his family have been in subsidized housing for many years. Most recently, housing assistance has been provided by the Alachua County Housing Authority, first through the Tenant Based Rental Assistance (TBRA) program and, currently, through Section 8 subsidized housing. At the time of the administrative hearing, Petitioner and his family were still in Section 8 housing administered by Respondent. Under the TBRA program, the Castellio family was required to meet regularly with Housing Authority staff and their affiliates. They also had to meet certain performance standards relative to employment searches and maintenance of the household. Petitioner’s family was often unable to meet those performance standards-–particularly with respect to employment and payment of electrical bills. Because of his interactions with Respondent's staff, Petitioner had earned the reputation of being loud, demanding, and physically imposing. In one incident, Petitioner tried to prevent one of Respondent's workers from mowing his yard by physically blocking the lawn mower, even though such maintenance was required under the government program and was also an issue of local code enforcement. More than one of Respondent's staff reported that Petitioner would raise his voice when he was in Respondent's Housing Authority office. Some of Respondent's staff were intimidated by Petitioner. Because of this, the director of the Alachua Housing Authority, Gail Monahan, was tasked with dealing with Petitioner and the Castellio family. The pertinent part of Petitioner's Complaint states: My name is Christopher S.A. Castellio. My wife's name is Ethelyn L. Reese-Castello. We are the proud parents of five children which ages are 5, 7, 9, 11, and 16. Our 16 year old is living in Bend, Oregon with his uncle who has more resources to provide for him. Approximately for two years now, my family and I have lived on Section 8 through the Alachua County Housing Authority here in Gainesville, Florida. We have to report to the Executive Director of the Alachua County Housing Authority, Ms. Gail Monahan, every Wednesday of every week in order to report progress of trying to become self supporting and financial independent. During this time I have been humiliated in front of my wife, Ms. Monahan's office staff, other customers and patrons and, most humiliating, in front of my own kids. Ms. Gail Monahan has absolutely no compassion, professionalism, or moral conduct. Ms. Gail Monahan has called me everything but a child of God. In front of my kids, she has called me a lying sack of s-t, a sorry son of a b--h, a con artist, a--hole, and an f--wad. One day I just walked into her office and the first thing she said was, "hay you little s--tbird, what have you done s--ted out today." I served 6 years in the United States Marine Corps during Desert Storm from 1986 until 1992. While serving I injured my knee in Kuwait. I returned to the states where I underwent knee surgery. I was honorably discharged several months later. Ms. Monahan says I'm lying about my service, despite my service and medical records. Right now I am in constant pain in both my knees and my back. I have taken two MRI's for both knees and my doctor says that I desperately need a total right knee replacement and a basic left knee operation based on my MRI's. Ms. Monahan also says that's a lie. And she refuses to look at any doctor's reports. She said I probably faked them. Ever since I've been meeting with Ms. Monahan she has always had something discrimitory [sic], degrading, intimidating, and threaten [sic] to say to me. She always threatens to take our housing away from us, like she's doing right now, if we don't do exactly what she says to do. I do believe that she is prejudice [sic] against me because I am a very, very light-skinned black man with red hair and freckles. I do look like a white man to most people and my wife is very dark skinned African American. We have done everything she has told us to do but still she says that we have done nothing. She does not take into consideration the bad economy and that jobs are very hard to come by and that more and more people are being laid off every day. So she is going to make a family with 4 small children become homeless just because I can't work because of my back and my knees and because my wife couldn't find a job in today's economy. By the way, my wife has finally found a job working at Wal-mart. We finally received a letter from Ms. Monahan informing us of the termination of tenant based rental assistance. In the allotted time of seven working days, I have answered her letter in writing, requesting a hearing to appeal her decision. As of the date of this letter, I have not received anything or any notice of any hearing from Ms. Monahan. I will fax you a copy of both letters. Our move out date has been set as December 31st, 2009. Consistent with his Complaint, Petitioner testified that Ms. Monahan, the director of the Alachua County Housing Authority treated him badly, believed he was lazy, and questioned whether he suffered from a physical disability. In further support of the allegations, Petitioner’s wife, Ms. Reese-Castellio, testified that Gail Monahan was “mean” to their family. According to Ms. Reese-Castellio, Ms. Monahan called Petitioner a liar, said that he “didn’t give a damn” about his family, and suggested to her that she should consider leaving Petitioner. At the final hearing, Ms. Monahan admitted that she did not respect Mr. Castellio because he did not appear to be making any effort to support his family. She denied, however, that she cursed at him, and testified that she never discriminated against Petitioner or his family. While it is clear that there was personal animosity between Petitioner and Ms. Monahan, the evidence was insufficient to show that either Ms. Monahan or Respondent discriminated against Petitioner or his family. On cross-examination, Ms. Reese-Castellio disclosed that Ms. Monahan's remarks were only directed toward Petitioner, and that Ms. Monahan did not use racial epithets or otherwise give any indication that she was discriminating against Petitioner or his family because of race, handicap, or any other impermissible factor. Petitioner's wife further testified that she had no complaints about any of the other staff members at the Housing Authority. Likewise, Petitioner failed to provide evidence that either Ms. Monahan or Respondent has ever acted in a discriminatory manner toward him or his family based on race, ethnicity, handicap, or any other impermissible basis. Further, the evidence presented at the final hearing did not show that either Petitioner or his family have ever been denied housing assistance by Respondent. In fact, the evidence revealed that Petitioner and his family’s housing benefits administered by Respondent have never been interrupted or denied, and that the Castellio family has been treated at least as well, if not better, than other housing clients served by Respondent. In addition to administering basic housing benefits under TBRA and the Section 8 program, Respondent arranged to pay over $1,300 to repair Petitioner’s family car, paid for utilities when the Castellios were unable to do so, and provided bus vouchers and other transportation for the family on a regular basis. Respondent’s decision to provide these additional benefits was made by Ms. Monahan. At the final hearing, both Petitioner and his wife confirmed that Respondent had provided additional assistance and that Gail Monahan had control over these additional benefits. Neither Petitioner nor Ms. Reese-Castellio offered an explanation for why Ms. Monahan would go “above and beyond” the requirements of subsidized housing in order to assist the Castellio family. Ms. Monahan, in her credible testimony, explained that she had considerable compassion for Ethelyn Castellio and the Petitioner’s children, and that her compassion led her to offer extensive support for the Castellio family beyond simple housing assistance. Although Petitioner testified that the family was rejected as potential tenants at an apartment complex known as “Eden Park” after initially being accepted by the private landlord, and said that he believed that Gail Monahan had something to do with the rejection, Petitioner offered no evidence to support that belief. Ms. Monahan stated that neither she nor anyone from the Housing Authority spoke to anyone at Eden Park regarding the Petitioner or his family. She explained that tenants are responsible for locating suitable housing which is then inspected and approved by the Housing Authority. The credible testimony of Ms. Monahan, together with Petitioner's own testimony and admissions, demonstrated that Respondent did not interfere in the Eden Park situation, and never delayed inspections or unreasonably rejected any housing benefits for the Castellio family. In addition, while indeed, as alleged in the Complaint, Respondent issued a letter informing Petitioner that his family's rental assistance was scheduled to be terminated, the evidence adduced at the final hearing showed that the letter was issued in error, and that it was withdrawn. Finally, while the Commission states on page 5 of its Determination of no cause dated February 16, 2010, that “Complainant alleged he requested a reasonable accommodation, and Respondents denied his request,” a plain reading of the Complaint, quoted in paragraph 7, above, does not reveal that Petitioner ever alleged that Respondent failed to accommodate his disability. Moreover, the applications Petitioner and his family filed in 2008 and 2009 to obtain housing assistance from the Respondent state that the family was not seeking any accommodations on account of disability and that no one in the family suffered from any physical handicap. At the final hearing, Petitioner confirmed that the family never asked Respondent for accommodation based on any physical disability and reported in their applications that no member of the family was handicapped or required an accommodation.
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 Complaint and Petition for Relief. DONE AND ENTERED this 24th day of November, 2010, 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 24th day of November, 2010.
The Issue Whether Respondent discriminated against Petitioner in the rental of a dwelling based on her race, in violation of Florida Fair Housing Act, chapter 760, Part II, Florida Statutes (2015).
Findings Of Fact The following Findings of Fact are based on the exhibit admitted into evidence and testimony offered by witnesses at the final hearing. Ms. Smith is a Black female and currently resides in Gainesville, Florida. Saul Silber Properties is a company that manages Oak Glade located at 3427 Southwest 30th Terrace, Gainesville, Florida 32608. Respondent provides residential rental apartments in Gainesville, Florida. Saul Silber is the owner of Saul Silber Properties. Ms. Smith is a former resident of apartment number 54I of Oak Glade.1/ Ms. Smith rented the apartment pursuant to a residential lease agreement entered into on January 15, 2014.2/ The lease was for a one-year renewable term. Ms. Smith filed a complaint with the Commission alleging Respondent issued her a Notice of Non-Renewal of her lease agreement on the basis of her race. The Commission issued a “No Cause” determination and Ms. Smith filed a Petition for Relief, which is the matter before the undersigned. During her tenancy at Oak Glade, Ms. Smith had raised numerous complaints with the property manager regarding matters involving her neighbor, Anne E. Dowling. Ms. Dowling, who was White, was a former resident of apartment number 54H. Ms. Smith’s issues with Ms. Dowling included complaints concerning smoking, loud music, non-residents living in the apartment, the number of visitors outside Ms. Dowling’s apartment, and Ms. Dowling’s cat scratching her car. All of the complaints were addressed and resolved by the property manager. The incident that led to the major blow-up between the neighbors involved Ms. Smith and Ms. Dowling’s daughter. Ms. Smith and Ms. Dowling’s daughter were involved in a verbal altercation after Ms. Smith verbally reprimanded Ms. Dowling’s granddaughter (age range of 7-9 years old) and her friend. Ms. Smith testified that the two girls turned their backs to her, bent over, and wiggled their buttocks in a side-to-side motion. Ms. Smith understood this gesture to be disrespectful and a suggestion to “kiss their behinds.” Ms. Dowling’s daughter was not a resident of the apartment complex. The altercation was so loud that Ms. Osteen heard people “screaming” while she was in her office. Ms. Osteen discovered Ms. Smith and Ms. Dowling’s daughter involved in a screaming match. Ms. Osteen later consulted with the senior property manager about the incident and it was determined that both Ms. Dowling and Ms. Smith would be issued a Notice of Non-Renewal. On March 15, 2016, Respondent issued Ms. Smith and Ms. Dowling a Notice of Non-Renewal, which was posted on the door of each tenant’s respective apartment. The notices did not state a reason for non-renewal. Ms. Dowling’s lease would expire effective May 30, 2016; and Ms. Smith’s lease would expire effective December 30, 2016. Prior to expiration of her lease, Ms. Dowling advised Ms. Osteen that she was terminally ill and requested that she be permitted to stay at Oak Glade. Ms. Dowling explained that her support system was located in the area and due to financial limitations, moving from the complex would create a hardship for her. For these reasons, Ms. Dowling was permitted to enter a new lease and was moved to a different apartment. The decision to permit Ms. Dowling to remain at the complex was made by the senior property manager. Ms. Dowling passed away approximately four months later, on September 28, 2016. Other than her mistaken belief that Ms. Dowling did not receive a Notice of Non-Renewal, Ms. Smith did not offer any evidence to support her claim of housing discrimination in violation of the Florida Fair Housing Act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order: finding that Respondent, Saul Silber Properties, LLC, did not commit a discriminatory housing practice against Petitioner, Ms. Smith; and dismissing the Petition for Relief filed in FCHR No. 2017H0320. DONE AND ENTERED this 29th day of August, 2018, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN 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 29th day of August, 2018.
The Issue Whether Respondent, Assad F. Malaty, discriminated against Petitioners, Dr. James E. Townsend and his niece, Contessa Idleburg (formerly, Ms. Rogers), in violation of the Florida Fair Housing Act and, if so, the appropriate remedy therefor.
Findings Of Fact Based on the weight of the credible evidence, Dr. Townsend has a qualifying handicap under the FFHA. He suffered a stroke in May 2014, upon which the requested modifications and accommodations were based. The stroke substantially limited one or more major life activities, given his need for using a wheelchair and walker. § 760.22(7)(a), Fla. Stat. Mr. Malaty conceded as much at the hearing.3/ Based on the weight of the credible evidence, Ms. Idleburg has a qualifying handicap under the FFHA. She has a shunt to drain fluid from her brain, has received Supplemental Social Security Income since at least 2014, and also has used a walker. That said, the evidence is undisputed that Petitioners requested the modifications and accommodations solely to assist Dr. Townsend after he suffered the stroke. Thus, Ms. Idleburg’s handicap is not relevant to the claims at issue. Based on the weight of the credible evidence, Petitioners informed Mr. Malaty in May 2014 that Dr. Townsend suffered a stroke and requested that he make several modifications to the Unit, including handrails in the bathroom, and handrails and a ramp at the front door, and to accommodate them by assigning them a parking spot outside the Unit. There is no dispute that the requested modifications and accommodation were never made. Importantly, however, the evidence does not establish that Petitioners’ renewed those requests again before they filed complaints with the Department of Justice in late 2016 and HUD in early 2017.4/ Although Dr. Townsend reminded Mr. Malaty in a December 2016 letter that he had failed to make the requested the modifications, the undersigned finds that letter to be more in the nature of a response to Mr. Malaty’s threat of eviction rather than a renewed request to accommodate them. The weight of the credible evidence also confirms that Petitioners never offered to pay for the handrails, ramp, or signage for the requested parking spot. Indeed, Dr. Townsend testified that he believed Mr. Malaty was responsible for making such modifications as the owner of the Unit. Based on the weight of the credible evidence, the undersigned finds that Mr. Malaty did not evict Petitioners because of their handicaps or their requests for modifications or an accommodation. Mr. Malaty initially threatened to evict them for failing to pay rent in January 2013, reducing their rent in September and December 2016, and failing to take care of the lawn as required in the lease. It had been three years since Petitioners requested the modifications and accommodation due to Dr. Townsend’s stroke and they did not re-raise those issues again until after Mr. Malaty threatened to evict them for failing to pay the rent. The evidence also is clear that Petitioners could have avoided eviction by paying the missed rent by December 29, 2016. But, they failed to do so and then did not pay their rent in January 2017, which ultimately led to Mr. Malaty filing the eviction action.
Conclusions For Petitioners: James E. Townsend, Sr., pro se Contessa Idleburg, pro se Apartment 2101 140 Aida Street Lakeland, Florida 33805 For Respondent: Charlann Jackson Sanders, Esquire Law Office of Charlann Jackson Sanders 2225 East Edgewood Drive, Suite 8 Lakeland, Florida 33803
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 Petitioners’ Petition for Relief. DONE AND ENTERED this 19th day of December, 2019, in Tallahassee, Leon County, Florida. S ANDREW D. MANKO 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 19th day of December, 2019.
The Issue Whether Respondents committed discriminatory housing practices against Petitioner as alleged in the Petition for Relief filed by Petitioner.
Findings Of Fact Petitioner is a female of African-American descent. Respondents are father (Vejai) and son (Manooj). Respondents own and operate certain apartments in Broward County, Florida. At the times relevant to this proceeding, Respondents rented an apartment to Petitioner. From time to time Respondents had to enter Petitioner’s apartment to make repairs or perform maintenance. Neither Respondent entered Petitioner’s apartment without the other Respondent. Petitioner testified that Respondent Vejai Kumar came into her apartment without her permission and that he sometimes peeped in her window. She testified that on one occasion when Vejai Kumar thought he was alone in her apartment, she saw him massaging his penis while looking at a picture of her. Petitioner testified that Vejai Kumar made unwanted sexual overtures towards her. Petitioner testified that Manooj Kumar called her “an AIDS bitch.”3 Petitioner offered no evidence to support her allegation that Respondents viewed all blacks as being “low life.” There was no evidence that Petitioner had been the victim of any form of housing discrimination. Manooj Kumar testified that he and his father are not biased against blacks and that they do not discriminate against their tenants, who are racially mixed. He testified, credibly, that Petitioner’s accusations were false.
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 16th day of August, 2004, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON 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 16th day of August, 2004.
The Issue Whether Respondents discriminated against Petitioners, Debra Jones and John Frazier, or either of them, on the basis of his or her handicap, violating Subsections 760.23 (1), (2), or (4), Florida Statutes (2008).1 If discriminatory conduct has been proven, whether quantifiable damages, or other allowable remedies, have been proven under Subsection 760.35(3)(b), Florida Statutes.
Findings Of Fact Petitioner, Debra Jones, is a Caucasian female, who claims to be a disabled person under the Florida FHA. Petitioner bases her claim on the fact that she asserts that she has a tumor that causes pinched nerves in her back and lateral scoliosis, which prevents her from working and limits her activities of daily living. Petitioner Jones testified that she has been approved for Supplemental Security Income (SSI). Petitioner offered no medical proof of her alleged disability, or that she was receiving Social Security benefits. At the hearing, it was not apparent that Petitioner Jones was impaired. Petitioner Jones is also the caregiver for Petitioner John Frazier. Petitioner John Frazier is speech impaired and appears to suffer from mild mental retardation. However, Petitioners failed to offer any medical evidence of Frazier’s disability, or that he was receiving Social Security benefits based on his disability, or that his physical impairments substantially limit one or more of his major life activities. Sometime during the early summer of 2007, Petitioners, who were homeless at the time, drove by a home listed as “for rent” at 1018 Canal Drive, Lakeland, Florida. Petitioner Jones approached the house and saw that Respondent Teresa Conboy was working on the repair of the house. Jones asked to see inside the house. Conboy refused, saying that the house was not ready to be shown. Jones returned to her truck and retrieved her and Petitioner Frazier’s income papers and showed them to Conboy. After a quick review, Conboy stated that Petitioners’ combined income was insufficient to rent that house because the monthly rental amount exceeded 30 percent of their combined income. Petitioners departed and took no further action to rent the house on Canal Drive. They did not complete an application or file a complaint with FCHR. Sometime during the late summer (July or August 2007), Petitioners were again looking for rental housing, drove by a house listed as “for rent” at 2440 Idlewild Street, Lakeland, Florida. Petitioner Jones approached a worker doing repairs on the house, who identified himself as Jeremy Fishbeck and asked for the name and telephone number of the contact person for the house. When Jones learned that the house was owned by Respondents, she left the area, made no attempt to contact Respondents and did not attempt to complete a rental application. Petitioners allege that the discriminatory conduct by Respondents dates back to May of 2006 when Petitioners inquired about the availability of renting a house located at 2441 Broadway Street, Lakeland, Florida, owned by Respondents. They were told and observed, that the house was under repair, but that they could submit an application to rent it. They were told that, when the work was completed, they would be contacted. Petitioners inquired regularly with Respondents about the availability of the house, and were told that it was not ready. During this period, Petitioners came to the mistaken belief that Respondents were holding the house for them. They expected that Respondents would rent the house to them when the repairs were complete. Respondents did not share that understanding. At no time did Respondents promise to rent the house to Petitioners. When the house was ready for occupancy in the spring of 2007, Respondents reviewed Petitioners rental application, along with other applications that had been submitted, and decided to rent the house to a different couple. The testimony is credible that, at the time Respondents received the applications for the rental of the house on Broadway Street, they determined that Petitioners total income was not more than $1,100 per month and that the fair rental value for the house was $800 per month. Therefore, the monthly rental amount far exceeded 30 percent of Petitioners’ combined income and that Petitioners did not qualify to rent the house. Further, Respondents were not aware that Petitioner Jones was disabled. They observed that Petitioner Frazier may have had a disability. In either case, the testimony was credible that Petitioners were not denied the opportunity to rent the house on Broadway street based on either of Petitioners’ alleged disabilities. Petitioners offered no evidence to demonstrate that Respondents’ reason for denying their rental application was a pretext for housing discrimination based on their alleged disability. Based on the testimony presented at the hearing, the preponderance of evidence demonstrates that no discriminatory housing practice has occurred. Further, since Petitioners only completed and submitted rental applications to Respondents in April 2006, and May 2007, the alleged discriminatory actions occurred more than 365 days prior to the filing of the Complaint on July 10, 2008. Therefore, the allegations in the Complaint are not timely, and cannot be considered. § 760.34(2), Fla. Stat. Petitioners presented no evidence of quantifiable damages. Their testimony was that they felt humiliation, discomfort and inconvenience because their application was turned down.
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 27th day of March, 2009, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of March, 2009.
