The Issue The issue in this case is whether Respondent discriminated against Petitioner based on race regarding the renting of an apartment.
Findings Of Fact Respondent owns more than 25 residential rental properties in the State of Florida, including the duplex located at 8472 and 8474 Barrancas Street, Navarre, Florida, which he purchased approximately three years ago. In January 2011, Respondent placed an advertisement in the newspaper for the rental of both sides of the duplex, and put a "For Rent" sign in the front yard. On January 27, 2010, Respondent entered into a lease agreement for the rental of Unit 8472 with Jeffery White, who is Caucasian. Respondent had to evict Mr. White for non-payment of rent. Mr. White was cited for leaving garbage and other things stacked around the home. When he moved out around August 2010, Mr. White left Unit 8472 filthy on the inside and out. Petitioner, Karen Davis, was the next person to have a lease on this property, approximately five months later. On January 7, 2011, Ms. Davis, who is African-American, was looking to rent a home and saw Respondent's advertisement in the newspaper for the duplex on Barrancas Street. Ms. Davis called Respondent and set up an appointment to view the duplex the same day. Ms. Davis and her mother, Sylvienne Pearson, arrived at the property before Respondent, so they walked around the duplex and looked through the windows while they waited. Respondent showed Unit 8472 to Mses. Davis and Pearson. They learned that the hot water heater had insulation coming out of it, the front door knob did not have a lock, the refrigerator was pulled out from the wall, and the unit appeared not to have been cleaned or prepared for a new tenant since the last tenant had moved out. A storage room in the back of the duplex had to be pried open because it was filled with furniture that had been left by a previous tenant. There was garbage around the outside. Respondent indicated that the home was available "as is." Unit 8472 needed to be cleaned and a hole in the door repaired. Respondent told Ms. Davis that he would deduct the reasonable cost of having the carpet cleaned from the rent. Ms. Pearson asked if they could take a look at the adjoining unit, 8474, which she learned was also available to rent. Respondent told Ms. Pearson that the carpet was damaged, and he would not show it to them because he was not going to rent it until the repairs had been made. After viewing Unit 8472, Ms. Davis called her friend, Brigitte Brahms, who is Caucasian and works part-time as a real estate agent. Ms. Brahms did a search on the property and determined that there was not a lien or foreclosure on it. Ms. Davis described to Ms. Brahms that the front door lock was not working, a lot of belongings were left from a previous tenant, garbage was in the yard, the hot water heater had insulation coming out of it, and that Respondent was not willing to fix any of these items. Respondent's only qualification for a potential tenant in his rental properties is that the tenant has some money. Once Ms. Davis presented Respondent with $350, he determined that she was qualified, and agreed to sign the lease with her. He told Ms. Davis that she would save $80 if she moved into Unit 8272 right away. After Ms. Davis signed the lease and gave him $350, Respondent gave Ms. Davis the keys to the unit. Ms. Davis told Respondent that she did not have all the money required for the rent, and that she would have to get some of it from her family. The next morning, January 8, 2011, Ms. Davis called Respondent to ask to see Unit 8474. Respondent's wife answered the telephone and indicated that Unit 8474 had already been promised to someone else. A short time later, Ms. Brahms, posing as a potential tenant, called Respondent, and asked about the availability of Unit 8474. Respondent indicated that it was available, and Ms. Brahms told him that she would call back later. Ms. Davis went to Ms. Brahm's house and called Respondent again on speakerphone while Ms. Brahms listened. Respondent again told Ms. Davis that Unit 8474 was not available because it had already been rented, and he would not show it to her. An hour later, Ms. Brahms called Respondent to verify that Unit 8474 was available, and Respondent offered to show it to her the same day. Mses. Davis, Pearson, and Brahms went to the duplex before the appointment with Respondent and walked around Unit 8472 so Ms. Brahms would be able to compare it with Unit 8474. Ms. Brahms noted that Unit 8474 was in much better condition than Unit 8272; everything was cleaned up; the unit had been vacuumed; the kitchen was set up properly; the storage unit was empty; and there was no garbage left out in the yard. The carpet was stained and there was a small strip of carpet that was missing between the master bedroom and the living room, but Respondent did not indicate that he would change the carpet or make any repairs. The problems with Unit 8474 were minor in comparison with the problems with Unit 8472, and Unit 8474 was in much better condition than Unit 8472. Respondent did not tell Ms. Brahms that there was anything that had to be repaired before he would rent Unit 8474 to her, and he did not indicate that it was being held for someone else. Instead, when Ms. Brahms asked if Unit 8474 was available to rent, Respondent indicated that she could rent it that very day. January 8, 2011, knowing that Respondent had shown Unit 8474 to Ms. Brahms after refusing to show it to her, Ms. Davis told Respondent that she was no longer interested in renting Unit 8472; tried to return the key to him; and requested a refund of the $350 deposit. Respondent refused, so Ms. Davis sent the key to him in a letter on January 13, 2011, again requesting the refund of the $350 deposit. Respondent has never returned Ms. Davis' $350 deposit. Ms. Davis never actually moved into the duplex. After she decided not to rent Unit 8472 from Respondent, he next rented the unit to a Caucasian on February 25, 2011, then later to another Caucasian followed by a Hispanic tenant. Towards the end of January 2011, Ms. Davis located another rental and moved in on February 1, 2011. Since she never moved into Respondent's duplex, she paid $80 to keep her furniture in storage for a month until she found a new place to live. She paid a $400 deposit and a $300 pet fee for two dogs. Respondent provided several reasons for not showing Unit 8474 to Ms. Davis. Respondent testified that Ms. Davis never asked to see Unit 8474. Instead, he alleges that she simply asked if it was empty, to which Respondent indicated that it was empty and available for rent, but that the unit needed several repairs, and it had not been cleaned. However, Respondent later testified that the previous tenants had left Unit 8474 in such a condition that it only required minor "TLC" from him and was ready to be rented. Additionally, Respondent admitted that he was willing to show Unit 8474 to Rita Davis (no relation to Petitioner), who is Caucasian, despite the fact that he had not repaired the carpet or cleaned Unit 8474. Respondent stated that he had agreed to hold Unit 8474 for an unidentified person until Monday, January 10, 2011, but admitted that he had not received a deposit to hold the unit. Respondent explained that many times he has allowed his tenants to transfer to another one of his properties, even months later, without penalty or charges of any kind. Respondent admitted he did tell Ms. Brahms that Unit 8474 was available for rent and showed it to her, but states that had she actually offered to rent it, he would have told her that it still needed work that she would have had to complete herself. Also, she would only have been allowed to rent that unit if the other person for whom he was holding it did not come up with a deposit. Respondent testified that if a prospective tenant is likely to get into one of his rental properties and tear it up, he will not rent to that person. No evidence was produced to prove that Ms. Davis had a prior record of not caring for apartments or places where she lived.
Recommendation Based upon the Findings of Fact and Conclusions of Law, RECOMMENDED that the Florida Commission on Human Relations enter a final order finding that Respondent discriminated against Karen Davis in violation of section 760.23(1) and (4), Florida Statutes; prohibiting further unlawful housing practices by Respondent; and directing that Respondent submit a cashier's check to Karen Davis within 10 business days from the date of the final order in the amount of $430.00. DONE AND ENTERED this 18th day of May, 2012, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 18th day of May, 2012. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Paul Tinsley 3014 Shearwater Drive Navarre, Florida 32566 Cheyanne Michelle Costilla, Esquire Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lawrence F. Kranert, Jr., General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issue is whether the Petition for Relief was timely filed.
Findings Of Fact In August 2011, Petitioner filed a "Housing Discrimination Complaint" ("Complaint") with the United States Department of Housing and Urban Development and/or FCHR. In the Complaint, Petitioner alleged that Respondent was "discriminating against her because of her disability" by refusing to accept her service animal and by locking her out of the condominium lobby on multiple occasions. On September 21, 2011, FCHR issued a "Notice of Determination of No Cause," which it served on Petitioner by U.S. Mail on the same date. The Notice advised Petitioner, in relevant part, as follows: The Florida Commission on Human Relations (FCHR) and the Department of Housing and Urban Development (HUD) administer the Fair Housing Act (the Act). The FCHR completed its investigation of the subject complaint, which was filed under the Act. Informal efforts to resolve the case during the investigation were unsuccessful. Based on the evidence obtained during the Investigation, the FCHR has determined that reasonable cause does not exist to believe that a discriminatory housing practice has occurred. Accordingly, the above-referenced complaint is hereby dismissed. * * * The parties are further advised that the Complainant may request that a formal administrative proceeding be conducted. The request (i.e., Petition for Relief) must be filed with the FCHR within 30 days of the date of service of this Notice and should be in compliance with the provisions of rule 60Y-8.001 and Chapter 60Y-4, Florida Administrative Code, entitled General Procedures. A Petition for Relief form is enclosed Failure of Complainant to timely file a Petition will result in dismissal of the complaint within the purview of Rule 60Y-2.004(2)(g). (Emphasis added). Subsequently, on Monday, October 24, 2011——after the 30-day deadline, which fell on Friday, October 21, 2011——FCHR received a completed "Petition for Relief" form from Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR issue a final order dismissing the Petition for Relief with prejudice. DONE AND ENTERED this 29th day of November, 2011, in Tallahassee, Leon County, Florida. S EDWARD T. BAUER 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 November, 2011.
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 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 Petitioner, Nidia Cruz, was subjected to discriminatory acts and/or interference with her exercise or enjoyment of fair housing rights as alleged in her Petition for Relief.
Findings Of Fact Petitioner, Nidia Cruz, after notice, failed to appear at the final hearing. Respondent, Tabitha B. Legg, appeared at the final hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed by Petitioner, Nidia Cruz. DONE AND ENTERED this 12th day of November, 2004, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE 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 12th day of November, 2004. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Nidia Cruz 45 Emanuel Road, Lot 3 Brunswick, Georgia 31525 Tabitha B. Legg 6445 Addax Avenue Cocoa, Florida 32927 Nidia Cruz 145 Emanuel Road, Lot 3 Brunswick, Georgia 31525 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
