The Issue Did Respondents, Richman Property Service, Inc. (Richman Property); Joe Lambert; Mira Verde Limited Partnership (Mira Verde); and RMS GP, LLC; discriminate against Petitioners, Sergio Trujillo-Gonzalez and Mariella Trujillo-Gonzalez, in the sale or rental of housing on account of a handicap? Did Respondents, Richman Property; Joe Lambert; Mira Verde; and RMS GP, LLC, discriminate against Petitioners, Sergio Trujillo-Gonzalez and Mariella Trujillo-Gonzalez, in the sale or rental of housing on account of national origin?
Findings Of Fact Mr. Trujillo-Gonzalez is handicapped. He routinely uses an electric wheelchair to move about. Due to his disability, he needs assistance and accommodation in moving about, including a ramp and "grab bars" in the bathroom. Richman Property and Mira Verde hold ownership interest in the Mira Verde apartments. Mr. Lambert is their manager for the property. There is no evidence establishing any relationship of RMS GP, LLC, with Mr. Lambert, Mira Verde Apartments, or the events described in this Order. From March 31, 2018, forward, Mr. Lambert, Richman Property, and Mira Verde were aware that Mr. Trujillo-Gonzalez was disabled and needed these accommodations. When asked about Mr. Trujillo-Gonzalez's patently obvious disability, Mr. Lambert prevaricated in his answer. Asked if Mr. Trujillo-Gonzalez used a wheel chair, Mr. Lambert replied, "I've seen him with an electric chair. I have seen him walking with a walker or a stick. I have seen him drive his Hummer. I have seen him walking without any assistance." (T-143) This evasiveness, along with the differences in demeanor of Mr. Lambert and Mr. Trujillo-Gonzalez, caused the undersigned to find Mr. Trujillo-Gonzalez more credible and persuasive when testimony of the two witnesses differed. In addition Mr. Trujillo-Gonzalez's willing admission of harmful facts enhanced his credibility. For these reasons, Mr. Trujillo-Gonzalez's testimony about requesting a modified apartment is accepted as more credible than Mr. Lambert's statements that Mr. Trujillo-Gonzalez never requested a modified apartment. Mr. Trujillo-Gonzalez is of Cuban descent. At all times material to this case, Mr. Lambert, Richman Property, and Mira Verde were aware of this. On March 31, 2018, Mr. and Mrs. Trujillo-Gonzalez entered into a Florida Tax Credit Lease Agreement with Richman Property and Mira Verde for a Mira Verde apartment. The apartment complex is part of a Low Income Housing Tax Credit Program. The maximum allowable apartment rent is based on the area's median income published annually by HUD. The majority of the apartments rent for 60 percent of the allowable rent. A minority of them rent to qualified tenants at 35 percent of the allowable rent. A goodly amount of evidence was directed to the Trujillo-Gonzalez's efforts to obtain a 35 percent apartment and Mira Verde's responses. There are no findings of fact on this subject because there is no evidence that difficulties or delays obtaining a lower rent apartment were due to Mr. Trujillo- Gonzalez's handicap or the Trujillo-Gonzalez's national origin. Mr. Trujillo-Gonzalez acknowledged there was no national origin discrimination in his testimony. He was asked, "Do you have any evidence with you here today that Mr. Lambert, the property manager, treats Cubans differently than other Hispanic tenants?" Mr. Trujillo-Gonzalez responded, "He mistreats everybody." (T-75) Mr. Trujillo-Gonzalez was asked, "And you don't have any evidence with you today to show residents who were non-Cubans were treated any differently, meaning you don't have a witness here today to show that they were – that non-Cubans were treated any differently than you?" He answered, "No. No." (T-75) The 14-page lease agreement between the Trujillo- Gonzalezes, Richman Property, and Mira Verde addresses a multitude of matters. They include security deposits, subletting, late payments, tenant utility responsibilities, the landlord's right to enter the premises without notice, tenant responsibility for clean carpets, waiver of landlord responsibility for criminal activity on the premises, pet prohibitions, waivers of claims for mold or mildew injury, tenant responsibility to report fire extinguisher malfunctions, prohibitions against all weapons including BB guns and paintball guns, restrictions on installation of satellite dishes, and curfews. The agreement does not contain a single word about when or how to request an accommodation for a handicap. On August 8, 2017, the tenant in Apartment 95 vacated the apartment. Apartment 95 had been modified to accommodate handicapped residents. Mr. Trujillo-Gonzalez asked Mr. Lambert to lease that apartment to him as an accommodation for his handicap. Mr. Lambert did not grant the request. The tenant who moved did not have a handicap. (T-21) There is no credible, persuasive evidence that allowing the Trujillo-Gonzalezes to rent that apartment was not reasonable. Instead of granting the request, Mr. Lambert gave Mr. Trujillo-Gonzalez a form to complete. The form only provided for requesting physical modifications to an apartment. The form also stated that the tenant understood and agreed that he was responsible for all costs for the modifications. A few days later Mr. Lambert gave Mr. Trujillo-Gonzalez an estimate for the installation of "four handicap bars." The cost was $795.00. The Trujillo-Gonzalezes could not afford this and told Mr. Lambert so. Since they could not afford to pay for the modifications, Mr. Trujillo-Gonzalez did not complete the form. Apartment 95 stood vacant for two months. (T-21) In November of 2017, Mr. Trujillo-Gonzalez asked Mr. Lambert to rent him apartment number 134. This apartment had been modified to accommodate tenants with handicaps. Mr. Lambert did not grant the request and indicated that the apartment was involved in a court proceeding. Yet Mr. Lambert rented the apartment to someone else in January 2018. There is no credible, persuasive evidence that allowing the Trujillo-Gonzalezes to rent that apartment was not reasonable. In late March or early April of 2018, Mr. Lambert told Mr. Trujillo-Gonzalez he would rent him the next vacant apartment modified to accommodate a handicap. He did not do this. In June of 2018, Mr. Trujillo-Gonzalez told Mr. Lambert that if Mr. Lambert would not rent him a modified apartment, then Mr. Trujillo-Gonzalez needed a shower, grab bars for the bath, and a wheelchair ramp for his apartment. On June 13, 2018, Mr. Lambert again provided the form described in Finding of Fact 13. Mr. and Mrs. Trujillo-Gonzalez filed their complaint with HUD on July 18, 2018. The complaint stated that June 11, 2018, was the most recent date of discrimination and that the discrimination was continuing. The complaint did not state that June 11, 2018, was the first or the only date of discrimination. In July and August of 2018, Mr. Trujillo-Gonzalez provided Mr. Lambert letters from Alvarez Gonzalez Gemayaret, M.D., of the University of Miami, Miller School of Medicine, stating that Mr. Trujillo-Gonzalez needed home modifications for his handicaps. The July 11, 2018, letter stated his needs included a ramp and a modified bathroom. The August 21, 2018, letter provided more detail. It stated: Mr. Trujillo is an established patient of the UHealth Institute for Advanced Pain Management and he is being treated for his chronic Right sided pain in his RU and RLE subsequent to subcortical ischemic stroke. Mr. Trujillo requires electric wheelchair to assist his mobility which is impaired because of the hemiplegia and RLE pain. Patient also has certain needs related to his stroke and disability and will greatly benefit from certain home improvements such as a ramp at the entrance to his house, as well as necessary rails in his house and bathroom, which will facilitate his daily activities. On August 7, 2018, Mr. Lambert contacted the Trujillo-Gonzalezes about completing an application for the transfer to a 35 percent lease that the Trujillo-Gonzalezes had been seeking. Mrs. Trujillo-Gonzalez refused to speak to him. Mr. Trujillo-Gonzalez stated that he would not participate further in the process until the Commission had completed its complaint review. (R. Ex. 16). Mr. Trujillo-Gonzalez testified: "I told him that I was going to wait for the commission investigation to finish. See, because that was the advice that they gave me, to wait for the investigation to be concluded." (T-72) Nonetheless, Mr. Trujillo-Gonzalez continued to communicate about obtaining a modified apartment. Mr. Lambert says that because of this exchange, he did not communicate further with the Trujillo-Gonzalezes about changing apartments to obtain a 35 percent lease or to obtain a modified apartment. This was not reasonable in light of Mr. Trujillo-Gonzalez's subsequent communications about obtaining a modified apartment. The tenant in Apartment 106 vacated the apartment on October 31, 2018. Apartment 106 was modified to accommodate handicapped tenants. Mr. Trujillo-Gonzalez asked Mr. Lambert to lease him that apartment. Mr. Lambert did not grant the request. (T-39-41). There is no credible, persuasive evidence that allowing the Trujillo-Gonzalezes to rent that apartment was not reasonable. November 30, 2018, Apartment 85 became available. It was modified to accommodate handicapped residents. Mr. Lambert did not offer it to the Trujillo-Gonzalezes. Instead, he rented it to another family. There is no credible, persuasive evidence that allowing the Trujillo-Gonzalezes to rent that apartment was not reasonable. Apartment 20 is modified to accommodate handicapped residents. The tenants vacated the apartment on December 31, 2018. Mr. Lambert did not offer it to the Trujillo-Gonzalezes. There is no credible, persuasive evidence that allowing the Trujillo-Gonzalezes to rent that apartment was not reasonable. Renting an already modified apartment to Mr. and Mrs. Trujillo-Gonzalez was a reasonable, cost-free accommodation for Mr. Trujillo-Gonzalez's handicap. Starting August 8, 2017, the Trujillo-Gonzalezes repeatedly requested this accommodation. Mr. Lambert, Richman Property, and Mira Verde never granted this reasonable request. Renting Mr. and Mrs. Trujillo-Gonzalez an apartment with bathroom grab bars and a wheel chair ramp within 30 days of the effective date of this order is reasonable affirmative relief providing a reasonable accommodation for Mr. Trujillo-Gonzalez's handicap. Modifying the apartment by installing grab bars in all bathrooms and installing a wheelchair ramp within 30 days of the effective date of this order is alternative, reasonable affirmative relief providing a reasonable accommodation for Mr. Trujillo-Gonzalez's handicap.
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 that: Dismisses the Petition against Respondent, RMS GP, LLC; Prohibits Respondents, Richman Property Services, Inc.; Joe Lambert; and Mira Verde Limited Partnership from refusing to provided reasonable accommodations to handicapped tenants. Requires that within 30 days of the Commission's order becoming final that Respondents, Richman Property Services, Inc.; Joe Lambert; and Mira Verde Limited Partnership; either: Lease the Trujillo-Gonzalezes an apartment with existing modifications that at least include bathroom grab bars and a wheel chair ramp, or Modify the Trujillo-Gonzalez's existing apartment, at Respondents' expense, by installing at least grab bars in each bathroom and a wheelchair ramp. DONE AND ENTERED this 15th day of January, 2020, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 January, 2020.
Findings Of Fact Upon consideration of the oral and documentary evidence received at the final hearing, the following relevant facts are found: At approximately 9:30 A.M. on February 10, 1984, petitioner, a black female, telephoned a number listed in the newspaper to inquire about a duplex for rent. She was informed that an apartment was available and that she would need to bring $410.00 which included $200.00 for a security deposit and a monthly rental fee of $210.00. Petitioner informed the lady on the telephone that she would be there to see the apartment around 11:30 A.M. Petitioner went to the bank to get the $410.00 and then drove to the Highlands Apartments rental office. When she drove up in the driveway, a lady came running out and introduced herself as Evelyn Massey. According to the petitioner, Ms. Massey said "I told you on the phone that I had an apartment for you, but I don't have." She went on to explain that another lady had previously paid a deposit on the apartment and had not come back; but, between the time of talking to petitioner that morning and then, the lady had come back and paid the rest of the money and thus had the apartment. Ms. Massey also informed the petitioner that that unit was the only apartment available and that she had no other vacancies. After this incident, petitioner telephoned Laurie J. Turner between 12:30 and 1:00 P.M., told her what had happened and requested her to call the same telephone number petitioner had called and to inquire about an apartment. Ms. Turner, a white female, did call the number given her by petitioner, a gentleman answered the telephone, she inquired about the availability of the apartment in the newspaper and he told her, according to Ms. Turner, that it was still available. Ms. Turner then related this information to petitioner. In response to petitioner's contact with the EOO on February 10, 1984, Jeanette Fenton, the Equal Opportunity Assistant/Fair Housing Administrator, began her investigation and made several telephone calls to the Highlands Apartments on that same day. According to Ms. Fenton, "various responses, contradictory responses, were received as to the availability of apartments there." Ms. Fenton also decided to send a black female and a white female as testers to determine the type of treatment that would be received at the Highlands Apartments. On February 10, 1984, Ms. Fenton called Jeanese Wells, a black female, explained that she had a complaint of discrimination against the Highlands Apartments and requested her to go out there and inquire about an apartment. Ms. Wells telephoned the Highlands Apartments on February 11, 1984, spoke to a woman who did not identify herself and inquired if there was a unit available for rent. The woman indicated that there was and gave Ms. Wells directions to the apartments. When Ms. Wells arrived, a woman named Evelyn showed her an apartment and told her that the charges and terms would be a $350.00 deposit, a $35.00 application fee and a one-year lease. Ms. Wells was also informed that her credit references and previous residences would be checked. When Ms. Wells inquired as to whether anyone else was interested in the apartment, Evelyn replied that she had had several phone calls on it, but no firm commitments. According to Ms. Wells, Evelyn showed no reluctance to lease the apartment to her and "there was no negative interaction between the two of us." Ms. Wells did not describe the apartment she inspected. On the same day, February 11, 1984, Ms. Fenton, a white female, telephoned the number listed in the newspaper, spoke with a female named Evelyn, was informed that a unit was available and was given directions to the Highlands Apartments. Ms. Fenton drove out there and inspected a one-bedroom unit, accompanied by Evelyn. According to Ms. Fenton, Evelyn informed her that the requirements for renting the unit would be a $200.00 deposit, rental payments in the amount of $60.00 a week or $210.00 a month, and a six month's lease. No application fee would be required, but there was an application form which required information regarding employment, credit references and landlord references. Ms. Fenton was told, however, that she could move into the unit that day if she wished, that there were no other apartments that were vacant and that the one-bedroom apartment she was viewing was the one that was advertised in the newspaper. Petitioner submitted her formal housing discrimination complaint to the EOO on February 15, 1984. By letter dated March 1, 1984, the EOO informed Roy Hansen that a complaint involving the Highlands Apartments had been filed and transmitted a copy of the complaint to him. The EOO continued to investigate the matter, found probable cause that a violation of the Fair Housing Ordinance had occurred and attempted conciliation. Petitioner Shorter left Hillsborough County for six to eight months between February 15, 1984 and June of 1985. During the conciliation process, petitioner no longer wished to lease a unit at the Highlands Apartments and desired to settle her complaint for an amount of $10,000.00 in damages as compensation. Mr. Hansen was willing to settle the complaint for $200.00 to avoid the expense of attorney's fees. Petitioner rejected Mr. Hansen's counter- offer and requested a hearing by letter dated June 19, 1985. Ms. Evelyn Massey left the State of Florida shortly after the events which occurred on February 10 and 11, 1984. She did not testify in this proceeding and her whereabouts are unknown. Mr. Ron Massey left Florida around November of 1984 and his whereabouts are likewise unknown. Roy Hansen is a professor of sociology at the University of South Florida, a private consultant and a part- owner of the Highlands Apartments, which contains several complexes and includes 104 separate units. He employed a manager, Ron Massey, to care for the apartments on a day-to-day basis and to handle rentals. One of the reasons Mr. Massey was hired was because he had had prior experience in managing a predominantly black rental complex. In February of 1984, Ron Massey was married to Evelyn Massey and they lived together in one of the Highlands Apartment units which was also utilized as the rental office. While Evelyn Massey did answer the telephone in that office and did show apartments to potential tenants, only Ron Massey was employed as the manager and only he received a salary therefor. Mr. Hansen instructed the Masseys to apply equal criteria to all potential tenants. Out of 104 units, approximately 17 are rented to minorities. The normal deposit required at the Highlands Apartments was $200 or $350 if the tenant had a pet.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the housing discrimination complaint filed by Julia M. Shorter on February 15, 1984, be DISMISSED. Respectfully submitted and entered this 11th day of April, 1986, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1986. COPIES FURNISHED: Julia M. Shorter 8307 Bahia Street Tampa, Florida 33619 George W. Phillips P. O. Box 270504 Tampa, Florida 33688 Amelia G. Brown Assistant County Attorney P. O. Box 1110 Tampa, Florida 33601 Robert W. Saunders, Director Equal Opportunity Office P. O. Box 1110 Tampa, Florida 33601 APPENDIX The proposed findings of fact submitted by the respondent and the intervenor have been approved and/or incorporated in this Recommended Order, except as noted below: Respondent 3. Rejected, contrary to the evidence of record. Intervenor 1. No substantial evidence that Ms. Shorter applied for a "one bedroom apartment." 8. Rejected, not supported by competent substantial evidence.
The Issue Whether Respondent discriminated against Petitioners by evicting them from their apartment as alleged in the Petition for Relief filed by Petitioners.
Findings Of Fact At the times pertinent to this proceeding, Elizabeth Anne Skelton was the owner of a group of apartments in West Palm Beach, Florida, known as Bermuda Village In March and April 1994, Geoffrey K. Adams was a tenant of Bermuda Village on a month-to-month basis. The rent for one person living alone in one of the Bermuda Village apartments was $475.00 per month, while the rent for two people was $500.00 per month. These rents were consistently applied. Mr. Adams testified at the formal hearing that he was aware of the different rates, depending on whether there was one or two people living in the apartment.1 In March 1994, Mr. Adams planted a banana tree in the vicinity of the front door of his apartment. Because there was insufficient space for the banana tree, Ms. Skelton told Mr. Adams to remove it, which she had the right to do. Instead of removing the banana tree, Mr. Adams camouflaged the growing tree to make it appear to be a potted plant. When Ms. Skelton instructed her handyman to move what was thought to be a potted plant, it was discovered that the tree was still growing in the ground. Ms. Skelton then had the banana tree uprooted. Mr. Adams got into a verbal confrontation with Ms. Skelton over this matter and loudly cursed her in profane terms. He later made threatening statements and gestures to her. Ms. Skelton consulted her lawyers, who began the process to evict Mr. Adams. During this same period of time, Lillamae Adams (known then as Lillamae Jordan) moved in with Mr. Adams. Mrs. Adams is black. Mr. Adams and Ms. Skelton are white. When Mr. Adams informed the management of Bermuda Village that Mrs. Adams would be moving in to his apartment, he was informed that his rent would be increased by $25.00 per month. This increase was unrelated to the race of Mrs. Adams. In early April, 1994, approximately two weeks after Mrs. Adams moved in with Mr. Adams, Mr. Adams was served with eviction papers. Petitioners were subsequently evicted from their apartment. The eviction of Petitioners was based on the behavior of Mr. Adams. The eviction was not based on the race of Mrs. Adams.
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 8th day of December, 1997, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of December, 1997
The Issue Whether Respondents, Charleston Cay, Ltd., et al. (Charleston Cay), violated the Florida Fair Housing Act, as amended, sections 760.20 through 760.37, Florida Statutes (2010).1/
Findings Of Fact Ms. Cardwell is an African-American woman who rented an apartment from Charleston Cay. Ms. Cardwell and Charleston Cay entered into a written lease beginning on December 23, 2009, and ending on November 30, 2010. The lease required Ms. Cardwell to pay her rent on the first of each month and that the rent would be delinquent by the third of each month. Furthermore, the lease provided that non-payment of rent shall result in a breach of the lease and eviction. The initial monthly rent for Ms. Cardwell's apartment was $663.00, a month and was subsequently increased to $669.00, a month. Ms. Cardwell credibly testified that she had not read the lease or the Housing Addendum which she signed when entering into the lease and that she had not subsequently read either document. On November 1, 2010, Ms. Cardwell failed to pay her rent. On November 4, 2010, Ms. Jaster, manager of Charleston Cay apartments, posted a three-day notice to pay rent or vacate the premises. On November 9, 2010, Ms. Jaster posted another notice for Ms. Cardwell about non-payment and requesting that Ms. Cardwell call or come to the office. Ms. Cardwell paid $100.00, of the rent on November 17, 2010. Again, Ms. Jaster posted a three-day notice seeking payment of the remaining November 2010, rent in the amount of $569.00. On November 24, 2010, Ms. Cardwell paid an additional $200.00, of the $569.00, owed, leaving a balance of $369.00 for November 2010. Because Ms. Cardwell's written lease was to expire at the end of November, she requested that Charleston Cay enter into a month- to-month lease, but Ms. Jaster informed Ms. Cardwell that Charleston Cay was not interested in entering into a month-to- month tenancy. On December 1, 2010, Ms. Jaster posted another three- day notice requiring Ms. Cardwell to pay the $369.00, owed in November, or to vacate the premises. The facts also showed that Ms. Cardwell did not pay the $669.00, owed by December 1, 2010, or anytime thereafter. On December 8, 2010, Charleston Cay filed an eviction and damages complaint against Ms. Cardwell based on non-payment of the rent. Some time in December 2010, Ms. Cardwell contacted Ms. Tina Figliulo of the Charlotte County Homeless Coalition, seeking financial assistance to avoid being evicted. Ms. Figliulo credibly testified that the Charlotte County Homeless Coalition administers grant money to help prevent a person from being evicted and helps individuals find affordable housing. A provision of the grant, however, prevents the Charlotte County Homeless Coalition from paying money into a court registry if an eviction process has begun. Ms. Figliulo credibly testified that she contacted Ms. Jaster about making a payment on Ms. Cardwell's behalf. Ms. Jaster informed Ms. Figliulo that Charleston Cay had already begun eviction proceedings. Consequently, Ms. Figliulo was unable to use grant money to pay for Ms. Cardwell's back rent. Based on the eviction proceedings, Ms. Cardwell vacated the premises sometime in December 2010, and turned in her key for the apartment. The initial hearing on the eviction was set for January 5, 2011. On December 28, 2010, the hearing was cancelled based on Ms. Cardwell's vacating the premises. On January 13, 2011, Ms. Cardwell filed a Motion to Dismiss the case in county court indicating that she had given up possession of the premises. On January 31, 2011, the Charlotte County Court issued an Order dismissing the case effective March 1, 2011, unless Charleston Cay set a hearing on damages. The record credibly showed through the exhibits and Ms. Jaster's testimony that Ms. Cardwell was evicted from her apartment based on her non-payment of rent. There was no evidence that other individuals, who were not in Ms. Cardwell's protected class, were treated more favorably or differently, than she was in the proceedings. There was no evidence, either direct or indirect, supporting Ms. Cardwell's claim of racial discrimination. Ms. Cardwell testified that she felt that Ms. Jaster had acted based on race, because of Ms. Jaster's perceived attitude. Ms. Cardwell did not bring forward any evidence showing a specific example of any comment or action that was discriminatory. Ms. Jaster credibly testified that she did not base the eviction process on race, but only on non-payment. Ms. Cardwell specifically stated during the hearing that she was not addressing the retaliation claim or seeking to present evidence in support of the FCHR determination concerning the retaliation claim. Consequently, the undersigned does not make any finding concerning that issue. There was testimony concerning whether or not Ms. Cardwell had properly provided employment information required by the written lease in relation to a tax credit. The facts showed that Charleston Cay apartments participated in a Low Income Tax Credit Housing Program under section 42, of the Internal Revenue Code. On entering the lease, Ms. Cardwell had signed a Housing Credit Lease Addendum which acknowledged her participation in the tax credit, and agreement to furnish information concerning her income and eligibility for compliance with the tax credit. Failure to provide information for the tax credit would result in a breach of the rental agreement. As early of August 2011, Ms. Jaster, manager for Charleston Cay Apartments, contacted Ms. Cardwell about providing information concerning her income and continued eligibility for the program. Ms. Cardwell provided information that was incomplete as to her income, because it failed to demonstrate commissions that she earned. Again, in November 2010, Ms. Jaster contacted Ms. Cardwell about providing information to recertification for the tax credit. Finally, on November 11, 2010, Ms. Jaster left a seven-day notice of non-compliance, with an opportunity to cure, seeking Ms. Cardwell to provide information concerning her income. Ms. Cardwell provided information concerning her salary, but did not have information concerning commissions that she earned from sales. This information was deemed by Ms. Jaster to be incomplete and not in compliance for the low income housing tax credit. The record shows, however, that Ms. Cardwell's failure to provide the required income information was not a basis for her eviction.
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 of dismissal of the Petition for Relief. DONE AND ENTERED this 28th day of October, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS 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 28th day of October, 2011.
The Issue The purpose of the hearing in this case was to provide Petitioner an opportunity to present evidence as to the relief to which she is entitled in a housing discrimination case.2
Findings Of Fact As a result of the admitted facts alleged in the Petition for Relief, Petitioner has suffered both tangible and intangible harm. As a result of the admitted facts, when Petitioner and her family were evicted from the apartment they had been subletting, they were locked out of the apartment and were unable to retrieve most of the personal property that was in the apartment. The reasonable value of the personal property that was lost as a result of the acts alleged in the Petition for Relief is $5,281.00.6 Petitioner also suffered intangible harm as a result of the admitted facts. The most serious aspects of the intangible harm were humiliation and loss of personal pride and self-esteem as a result of, in her words, “being treated like a dog.” Petitioner also suffered a substantial amount of personal inconvenience and indignity, because for a period of time after the eviction from the apartment she was truly homeless and was forced to live in her automobile. The harm to Petitioner described in this paragraph cannot be quantified. There is no evidence in this case that Petitioner incurred any attorney’s fees or costs. Alina Portuono is no longer employed at the apartment complex where the events giving rise to this proceeding occurred. Whoever owned the apartment complex at the time of the events giving rise to this proceeding is no longer the owner. The subject apartment complex no longer rents apartments as all the units are now condominiums.
Recommendation On the basis of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR issue a final order awarding quantified damages in the amount of $5,281.00 to Petitioner, if the FCHR believes it has provided adequate notice to Respondent(s) in this case and has jurisdiction arising from such notice.8 DONE AND ENTERED this 29th day of April, 2004, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH 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 29th day of April, 2004.
The Issue The issue is whether Respondents violated section 70-176, Pinellas County Code of Ordinances (Code), as alleged in Petitioner's Housing Discrimination Complaint (Complaint).
Findings Of Fact This case concerns an allegation that Petitioner, an African-American female, was the victim of housing discrimination in two respects. First, after complaining that her bathroom was not timely repaired by her landlord, Petitioner reported the problem to the City of St. Petersburg (City). When the manager came to repair the bathroom, Petitioner alleges he told her he "would throw her black ass out of here for calling the city on them." Second, Petitioner alleges she was told by the manager to move her car that was parked "for a few days" on the property, yet white tenants were allowed to keep a truck with "no tags and flat tires" on the premises for more than a year. Because no evidence was presented on the second issue, only the first allegation will be addressed. By way of background, from August 2012 until she was evicted in October 2015, Petitioner resided in an apartment complex at 3865 9th Avenue North, St. Petersburg, Florida. The complex is owned by Holly Berry Gifts, Inc., whose president is Holly Bonk. The complex is managed by Mike Prusinski. Bonk and Prusinski are employed full-time in other jobs, but devote attention to apartment matters when required. Bonk has a practice of leasing units to whoever is qualified, regardless of their race. She was drawn into this affair because of the alleged comments of her manager. It is fair to assume that Bonk has delegated responsibility to Prusinski to deal with maintenance issues and to evict tenants. Pursuant to a one-year Residential Lease executed by Petitioner in July 2012, she was required to pay $500.00 rent each month, due no later than the fifth day of the month. If rent was paid after the fifth day, a $60.00 late charge was imposed. After the lease expired on July 31, 2013, Petitioner continued renting her apartment on a month-to-month basis, but all terms and conditions in the original lease still applied, including the same monthly rent and late payment provisions. Prior to 2015, Petitioner was periodically late in paying her rent. For the months of February, March, July, and August 2015, she was either late paying her rent, or she did not pay the full amount. No rent was paid for September 2015. Despite Petitioner being in arrears throughout her tenancy, Prusinski "worked with" her because of her financial constraints, and according to Petitioner, he never demanded she pay the late charge. On June 2, 2015, Petitioner sent a text message to Bonk complaining that her upstairs neighbor (a female) was playing loud music and was noisy, which interfered with Petitioner's enjoyment of her apartment. When the neighbor came to Petitioner's apartment to discuss the complaint, Petitioner opened the door and "maced" the neighbor in the face. The neighbor filed a complaint with the police. Petitioner was arrested and charged with battery. In 2016, a jury convicted her of battery, and she was sentenced to 15 days in jail and placed on probation for 11 months. According to Prusinski, the macing incident was the final straw that led him to begin the eviction process. Besides the macing incident, Prusinski explained that Petitioner "harassed" the air-conditioning crew that serviced the complex to the point they refused to provide further service unless they received a $45.00 surcharge for each visit. He described Petitioner as being "hostile" towards him throughout her tenancy, and he noted it reached the point where she would not answer the door half of the time when he knocked. On August 14, 2015, a Fifteen Day Notice to Vacate the premises was personally served on Petitioner informing her that she must vacate the premises by August 31, 2015. An Eviction Notice was then obtained from the court. Before it was served on Petitioner, she changed the door locks, padlocked the circuit breaker box to her apartment, and moved out without notice to Respondents. Each of these actions violated the terms of her lease. Petitioner says she did this because she was "scared" that "Mike was coming over to throw her out," and a friend told her it was okay to change the locks. Prusinski was forced to call a locksmith to access the empty apartment and use bolt cutters on the padlock to restore electricity. In all, Petitioner still owes $1,933.00 for past due rent, late charges, court costs, locksmith charges, and the cost of a bolt cutter. There is no evidence that the eviction process was motivated by racial bias. The record shows that Prusinski has evicted four black tenants and eight white tenants for failing to pay their rent. Although Petitioner was upset that she had to relocate to new housing, she agrees there was justification for her eviction. A month after her eviction, Petitioner filed her Complaint. Petitioner says the Complaint was filed only to address issues other than her eviction. Against this backdrop, the only allegation that requires resolution is an assertion by Petitioner that Prusinski directed a racial slur towards her when he was repairing her bathroom.2/ Due to a leak in the upstairs bathroom, Petitioner's bathroom developed multiple problems, which required repairs to the walls and ceiling and professional mold remediation. Although these problems were eventually resolved, they were not resolved as quickly as Petitioner desired. Therefore, she reported the problem to the City. The City inspected her unit in early April 2015, determined that repairs were needed, and relayed its findings to Prusinski. After receiving the City's report, Prusinski came to the apartment to repair the bathroom. Petitioner says an argument over the repairs ensued, and he told her he would "throw her black ass out of here for calling the city on them." Except for Petitioner's testimony, there is no other credible evidence to corroborate this statement. Notably, even though the incident occurred in early April 2015, Petitioner never reported it to Bonk (Prusinski's boss), she did not mention the incident at the eviction hearing, and she waited until after she was evicted to raise the issue with the County. Prusinski denies making any racial comments to Petitioner and attributes her allegation to the hostile relationship between the two and her eviction in September 2015. Having considered the record as a whole, Prusinski's testimony is accepted as being the most credible on this issue. Ironically, Petitioner sometimes used the term "black ass" when referring to herself in text messages sent to Bonk, and during the hearing, she sometimes referred to herself as a "black ass."
The Issue Whether Respondent engaged in an unlawful discriminatory housing practice against Petitioner on the basis of her disability.
Findings Of Fact At all times relevant hereto, Petitioner, Joan Vassar, was an individual participant in a tenant-based voucher arrangement under the Section 8 Housing Program funded by the Department of Housing and Urban Development and administered by the Tallahassee Housing Authority (THA). Petitioner was a resident of The Lakes at San Marcos (The Lakes), an apartment complex located at 4768 Woodville Highway in Tallahassee, Florida. Respondent, CMP CHP San Marcos Ltd. (San Marcos), is the owner of The Lakes, which is managed by a company known as HSI. Petitioner has been diagnosed with fibromyalgia and has suffered multiple strokes. Petitioner is disabled for purposes of the Fair Housing Act. Beginning in August 2009, Petitioner rented apartment 1533 at The Lakes, a one-bedroom apartment on the third floor of building 15. Petitioner’s rent was paid directly to San Marcos by THA pursuant to Petitioner’s one-bedroom housing choice voucher. Petitioner had difficulty climbing the stairs to her third-floor apartment and often took breaks at each landing to rest. There was no elevator at The Lakes as an alternative means of accessing the third floor of building 15. By all accounts, Petitioner’s tenancy at The Lakes was peaceful and without incident. In 2011, Valarie Gosier-Coleman became the assistant manager of The Lakes. Petitioner described Ms. Gosier-Coleman as compassionate toward her. Ms. Gosier-Coleman occasionally disposed of Petitioner’s garbage for her and retrieved Petitioner’s mail. In May 2014, Petitioner reported to Ms. Gosier-Coleman that her health had declined, that she would need a live-in caregiver, and that she wished to move to a two-bedroom, first-floor apartment. On June 4, 2014, in response to Petitioner’s request, Respondent informed Petitioner in writing that two two-bedroom, first-floor apartments--1311 and 1413--would become available beginning August 1, 2014. Apartment 1413 was located in the building next to Petitioner’s existing apartment, and Petitioner indicated she would accept that apartment. HSI requires all occupants of an apartment to complete an application and be approved to rent. Petitioner brought her would-be caregiver to The Lakes to apply for apartment 1413. However, the caregiver was reticent to complete the financial information section of the application. Although she took the incomplete application with her when she left the office, the caregiver never submitted a completed application for the apartment. Shortly thereafter, Petitioner was offered apartment 1116, a one-bedroom first-floor apartment. On July 16, 2014, Petitioner rejected that apartment, sight unseen, as “too far in the back of the complex.” On July 31, 2014, Petitioner renewed her lease for apartment 1533. At that time, she wrote to management, “I do not want a (2) bedroom apt. any place except where I specified for personal reasons. I have been here for 5 years and am very secure and familiar with my neighbors in my building . . . . Plus, my family lives in this same building on the first floor.”1/ No other first-floor apartments became available at The Lakes between August and October 2014. Shortly after renewing her lease, Petitioner informed HSI that she desired to leave The Lakes. Petitioner requested to break her lease, which Respondent allowed. Respondent refunded Petitioner’s deposit in full.
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 22nd day of December, 2015, in Tallahassee, Leon County, Florida. S SUZANNE VAN WYK 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 22nd day of December, 2015.
