The Issue The issues in this case are, one, whether Respondent unlawfully discriminated against Petitioner on the basis of his national origin, religion, or handicap in violation of the Florida Fair Housing Act; and, two, whether Respondent subjected Petitioner to acts of intimidation, coercion, or retaliation as a result of Petitioner's exercise, or attempted exercise, of a protected housing right.
Findings Of Fact Petitioner William Kleinschmidt ("Kleinschmidt") owns a unit in the Three Horizons North Condominium. He purchased his condominium in 1999 and has resided there continuously since that time. Respondent Three Horizons North Condominiums, Inc. ("Three Horizons"), manages the property of which Kleinschmidt's condominium is a part. Kleinschmidt and Three Horizons have been involved in a long-standing feud stemming from Kleinschmidt's possession of cats in violation of the condominium's "no pets" policy. Three Horizons has tried since 1999 to compel Kleinschmidt's compliance with the "no pets" policy. The dispute over Kleinschmidt's cats came to a head last year, when a formal administrative hearing was held on Kleinschmidt's first housing discrimination complaint against Respondent. See Kleinschmidt v. Three Horizons Condominium, Inc., 2005 Fla. Div. Adm. Hear. LEXIS 883, DOAH Case No. 04-3873 (May 25, 2005), adopted in toto, FCHR Order No. 05-097 (Fla.Com'n Hum.Rel. Aug. 23, 2005)(Kleinschmidt I). Among other allegations, Petitioner charged in Kleinschmidt I that Three Horizons had unlawfully refused to waive the "no pets" policy to permit his possession of "service animals" (i.e. cats) as an accommodation of his emotional handicap. Kleinschmidt lost that case. Kleinschmidt presently alleges that Three Horizons has discriminated against him on the basis of handicap, national origin, and religion. The undersigned has had some difficulty making sense of Kleinschmidt's allegations. As far as the undersigned can tell, Kleinschmidt alleges that: (1) members of the condominium association's board of directors (and especially the board's treasurer, Ruth Pearson, whose German ancestry Kleinschmidt assumes makes her a Nazi sympathizer hostile to Jewish persons such as himself) have made disparaging comments about him; (2) when he applied to purchase his condominium back in 1999, Three Horizons charged him a $100 screening fee, which should have been only $75; (3) Three Horizon's agents illegally broke into his unit on September 21, 2000, and again on September 21, 2001, stealing personal property each time; (4) before he purchased his unit, Three Horizons agreed to waive the "no pets" policy, which agreement Respondent now refuses to honor; and (5) Three Horizons has engaged in ongoing (but unspecified) acts of intimidation, coercion, and retaliation. There is not a shred of competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could possibly be made. Ultimately, therefore, it is determined that Three Horizons did not commit any prohibited act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order finding Three Horizons not liable for housing discrimination and awarding Kleinschmidt no relief. DONE AND ENTERED this 21st day of November, 2006, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM 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 21st day of November, 2006.
The Issue The issue in this case is whether Petitioners have been subjected to illegal discriminatory treatment by Respondent in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioners' complaint, which was dismissed by FCHR on March 24, 2003, resulted from a Housing Discrimination Complaint dual-filed with FCHR and HUD. Petitioners seek to become landlords under the Federal government's Section 8 Program, administered in the Ocala area by Respondent. It is the responsibility of Respondent to receive applications from owners of properties, like Petitioners, who are willing to rent those properties to economically adversely-affected individuals. Respondent then inspects the properties and determines a rental allowance or the amount of supplemental Federal money to be paid the landowner for the rental of a specific property, thereby allowing the economically deprived person a place to live. Petitioners claim that Respondent has discriminated against them by refusing to allow Petitioners to participate in the Section 8 program; specifically, by not making reasonable rent determinations and delaying inspections which are preliminary to a determination of a rental rate. Petitioners did not offer evidence of any specific acts of race-based discrimination. Nor did Petitioners cite any specific information concerning disparate treatment of landlords in the Section 8 program based on race. Further, Petitioners were unable to cite any statistical information that could reasonably lead to the inference that Respondent engaged in wide-spread discrimination. Petitioners’ race-based claims were not supported by any specific information about disparate treatment by Respondent. Petitioners contested the amount of rent which Respondent determined to be applicable to the subject property. As long as the amount of rent was contested, Respondent could not make a rent determination for the Petitioners' properties. A letter to Petitioners from Respondent, dated October 9, 2002, provided Petitioners with notice that Respondent had been advised by its attorney that it could not make a rent determination while the HUD complaint was pending. The letter further stated that should Petitioners withdraw their complaint, their application would be processed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered dismissing the Petition for Relief. DONE AND ENTERED this 15th day of September, 2003, in Tallahassee, Leon County, Florida. S DON W. DAVIS 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 15th day of September, 2003. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 David E. Midgett, Esquire Ocala Housing Authority 2800 East Silver Springs Boulevard Suite 205 Ocala, Florida 34470 Larry Williams Monica Williams Post Office Box 01322 Miami, Florida 33101-3221 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether Respondent committed a discriminatory housing practice by denying Petitioners the opportunity to rent or purchase and ordering them to vacate their unit immediately and, if so, what relief should the Florida Commission on Human Relations provide Petitioners.
Findings Of Fact Because no evidence was offered at the final hearing held in the instant case, no findings of fact are made.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED that the Commission issue a Final Order dismissing Petitioners' Petition. DONE AND ENTERED this 29th day of July, 2005, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of July, 2005. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Remberto Gomez Marta Gonzalez 15220 Southwest 300th Street, Lot 534 Miami, Florida 33033 Robert E. Paige, Esquire 9500 South Dadeland Boulevard, Suite 550 Miami, Florida 33156
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.
