The Issue Whether Respondents discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.
Findings Of Fact Petitioner is an African-American. Prior to his eviction in the fall of 2000, Petitioner occupied a handicapped apartment at Park Place by the Bay (Park Place), an apartment complex located in Miami-Dade County, Florida. By notice dated May 25, 2000, Respondent Park Place, through its management, advised Petitioner that it intended to terminate his tenancy as of August 31, 2000. Petitioner did not surrender his tenancy and, consequently, Respondent Park Place instituted eviction proceedings against him in September 2000. As a result of those eviction proceedings, Respondent Park Place regained possession of the premises and Petitioner was evicted. There was insufficient evidence to establish that Petitioner was evicted for any reason other than the fact that he made threatening statements to the staff of Respondent Park Place. There was no evidence that Petitioner was evicted because of his race.1 There was no evidence that Petitioner was evicted because of a physical handicap.2 There was no evidence that Petitioner was evicted because of his religion.
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 October, 2002, 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 (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 October, 2002.
The Issue Whether Respondent discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Petitioner is a Cuban. Prior to his eviction on or about June 29, 2005, Petitioner occupied an apartment located at 1332 20th Street, Orlando, Florida 32805. Respondent is owner-operator of the dwelling house located at 1332 20th Street, Orlando, Florida 32805, and had rented to Petitioner for six or seven years. Respondent instituted an eviction proceeding in Orange County, Florida, County Court for Petitioner's failure to pay weekly rent. Petitioner was evicted by Court Order. At the time of his eviction, Petitioner owed Respondent $780.00 on an apartment that rented for between $70.00 and $110.00 per week. There was insufficient evidence to establish that Petitioner was evicted for any reason other than the fact that he had not paid his rent. Other than Petitioner's rambling allegation that Respondent had told him, "[Y]ou are a no good Cuban, go back to Cuba," or words to that effect, there was no evidence that Petitioner was evicted because of his national origin. In fact, Petitioner's witness, Fausto Alavarado, a Puerto Rican gentleman, who had rented from Respondent a similarly long time, had not heard such comments and testified that Respondent "never treated him inappropriately." Respondent and other witnesses denied discriminatory statements and indicated that Respondent had evicted others for non-payment of rent. Respondent and these witnesses are credible.
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 14th day of March, 2006, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of March, 2006. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Tom Peters 138 North Hart Boulevard Orlando, Florida 32835 Alejo Fernandez 2000 South Orange Blossom Trail Orlando, Florida 32805 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
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 committed discriminatory housing practices against Petitioner as alleged in the Petition for Relief filed by Petitioner.2
Findings Of Fact Petitioner is a male of Hispanic origin. Petitioner suffers from a debilitating physical illness and has a history of mental illness. Respondents own and/or operate a large apartment complex in Dade County, Florida. At no time relevant to this proceeding did Respondents or their staff know that Petitioner suffered from a debilitating illness. Petitioner resided in Apartment 1519 of Respondents’ apartment complex between an unspecified date in 1999 and December 2003. In approximately March 2003, Petitioner requested permission of Respondents to transfer to another apartment in Respondents’ apartment complex. This request was made prior to the expiration of Petitioner’s then-current lease. Petitioner testified that the request was made after Apartment 1519 was vandalized. At all times relevant to this proceeding, Respondents had a policy that permitted a resident to transfer from one apartment to another apartment prior to the end of the tenant’s term only if the tenant’s payment history demonstrated that the tenant had no rent checks dishonored by the tenant’s bank and that he or she had not been late in paying the rent on more than two occasions. Respondents denied Petitioner permission to transfer from one apartment to another only because of Petitioner’s poor payment history. Over the course of his tenure in Respondents’ apartment complex, Petitioner had been late with his rent payment on 12 separate occasions and had rent checks dishonored on two separate occasions because his bank account had insufficient funds to cover the checks. There was no evidence Respondents discriminated against Petitioner by denying his transfer request. In December 2003, Respondents evicted Petitioner from Apartment 1519. This action was taken based on Petitioner’s poor payment history, because he repeatedly caused disturbances at the apartment complex, and because he damaged his apartment and neighboring apartments by intentionally flooding his apartment.3 There was no evidence Respondents discriminated against Petitioner by evicting him from Apartment 1519.
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 1st day of April, 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 1st day of April, 2004.
The Issue Whether the Petitioner has been the victim of an unlawful Housing Practice, as addressed in Sections 760.20 through 760.37, Florida Statutes, by being subjected to discriminatory terms, conditions, or privileges in the rental of a dwelling, and in the provision of services or facilities in connection with such dwelling, because of a handicap of the Petitioner.
Findings Of Fact The hearing in this matter was convened at the duly- noticed time and location at the Visiting Judge's Chambers at the Okaloosa County Courthouse Annex, at 10:00 a.m., Central Standard Time. The Petitioner failed to appear. The Respondent, the court reporter and the undersigned waited at the hearing room for 45 minutes and the Petitioner never appeared. The Petitioner was appropriately served with the Notice of Hearing, at her last-known address of record. Counsel for the Respondent represented, on the record, that neither he, nor any person present who was acquainted with the Petitioner, had observed the Petitioner in the vicinity of the hearing site. In light of this circumstance, no evidence was taken, because the Petitioner, as the party with the burden of proof, had not appeared to advance her claim. The hearing was therefore adjourned and the above-referenced Order to Show Cause was issued, requiring a showing of good cause for the failure to appear, on pain of dismissal for a failure to timely respond. The response was due on August 23, 2009. No response was filed.
