The Issue The issues for determination are: (1) whether Petitioner’s housing discrimination complaint alleging handicap discrimination against Respondents in violation of the Florida Fair Housing Act (“FFHA”), chapter 760, part II, Florida Statutes (2020), was timely filed with the Florida Commission on Human Relations (“FCHR”); and (2) whether Petitioner’s Petition for Relief was timely filed with FCHR.
Findings Of Fact On October 29, 2020, Petitioner filed a fair housing discrimination complaint with FCHR, alleging that Respondents, Brennan Realty, Inc., Joseph P. Brennan, Kathleen Brennan, and Thomas Brennan, discriminated against her based on a handicap. According to her housing discrimination complaint, Petitioner rents an apartment at 937 Southwest 5th Street, Apartment 4, Coral Gables, Florida, 33134, “which is subject to rules and regulations of Respondent[,] Brennan Realty, Inc., owned by Respondent[,] Thomas Brennan, and Respondent Registered Agent Joseph P. Brennan, and landlord Respondent[,] Kathleen Brennan.” Petitioner alleged that Respondent Brennan Realty, Inc., sent notices for her to vacate the premises after she made a maintenance request to property owners Kathleen and Joseph Brennan for repairs and a reasonable modification to install grab bars inside of her shower to assist her and prevent falls. Petitioner further alleged “she provided medical documentation to the Respondents which also stated that it is medically necessary for [her] to have the grab bars installed as well.” Petitioner further alleged Respondents Kathleen Brennan and Joseph Brennan “still [have] not installed the grab bars and [are] requesting for her to vacate the premises.” As such, “[Petitioner] believes that Respondents subjected her to discriminatory terms and conditions based on her physical disability.” In May 2019, July 2019, and August 2019, Petitioner received notices informing her that her lease would expire on September 1, 2019; that the lease would not be renewed; and that she needed to vacate and surrender the premises by no later than September 1, 2019. On September 9, 2019, an eviction complaint was filed against Petitioner in Miami-Dade County Court. On September 12, 2019, Petitioner was served with the eviction complaint. The persuasive and credible evidence adduced at hearing demonstrates that the alleged discriminatory housing practice occurred, at the latest, on September 12, 2019, when Petitioner was served with the eviction complaint. Accordingly, Petitioner had one year from September 12, 2019, in which to file her housing discrimination complaint with FCHR. However, Petitioner did not file her complaint with FCHR until October 29, 2020. Therefore, Petitioner’s housing discrimination complaint was untimely. Even if Petitioner’s housing discrimination complaint was timely filed with FCHR, her Petition for Relief was not timely filed. At hearing, Petitioner acknowledged she received FCHR’s no cause determination on January 13, 2021. The no cause determination expressly provides that if Petitioner “does not agree with this determination, [she] may request an administrative hearing by filing a Petition for Relief with the FCHR within 30 days of the date of service of this Notice.” However, Petitioner’s Petition for Relief was not filed with FCHR until February 26, 2021. Therefore, Petitioner’s Petition for Relief was untimely.
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 7th day of June, 2021, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 7th day of June, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 April Denise Dukes 937 Southwest 5th Street, Apartment 4 Miami, Florida 33130 Vanessa Marie Bertran, Esquire Vanessa M. Bertran, P.A. 55 Alhambra Plaza, Suite 800 Coral Gables, Florida 33134 Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
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 The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of her national origin or ethnicity in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Fabiola Heiblum ("Heiblum") is a Hispanic woman who, at all times relevant to this action, has owned Unit No. 5C in the Carlton Bay Condominium, which is located in North Miami Beach, Florida. She purchased her unit in 2004 and has resided there continuously since some time in 2005. Respondent Carlton Bay Condominium Association, Inc. ("Association") is the entity responsible for operating and managing the condominium property in which Heiblum's unit is located. In March 2008, the Association's Board of Directors ("Board") approved a special assessment, to be levied against all unit owners, the proceeds of which would be used to pay insurance premiums. Each owner was required to pay his share of the special assessment in full on April 1, 2008, or, alternatively, in three equal monthly installments, due on the first of April, May, and June 2008, respectively. Heiblum's share of this special assessment was $912.81. At or around the same time, the Board also enacted a procedure for collecting assessments, including the special insurance assessment. According to this procedure, owners would have a grace period of 15 days within which to make a required payment. After that period, a delinquent owner would be notified, in writing, that the failure to pay his balance due within 15 days after the date of the notice would result in referral of the matter to an attorney for collection. The attorney, in that event, would file a Claim of Lien and send a demand letter threatening to initiate a foreclosure proceeding if the outstanding balance (together with costs and attorney's fees) was not paid within 30 days after receipt of the demand. This collection procedure applied to all unit owners. Heiblum did not make any payment toward the special assessment on April 1, 2008. She made no payment on May 1, 2008, either. (Heiblum concedes her obligation to pay the special assessment and does not contend that the Association failed to give proper notice regarding her default.) The Association accordingly asked its attorney to file a Claim of Lien against Unit No. 5C and take the legal steps necessary to collect the unpaid debt. By letter dated May 8, 2008, the Association's attorney notified Heiblum that a Claim of Lien against her property had been recorded in the public records; further, demand was made that she pay $1402.81 (the original debt of $912.81 plus costs and attorney's fees) to avoid foreclosure. On or around May 10, 2008, Heiblum gave the Association a check in the amount of $500, which the Association returned, under cover of a letter dated May 16, 2008, because its attorney was now in charge of collecting the overdue debt. Heiblum eventually paid the special assessment in full, together with costs and attorney's fees, thereby obviating the need for a foreclosure suit. Heiblum believes that the Association prosecuted its claims for unpaid special assessments more aggressively against Hispanics such as herself than persons of other national origins or ethnicities, for which owners the Association allegedly showed greater forbearance. Specifically, she believes that the Association did not retain its attorney to undertake collection efforts against non-Hispanic unit owners, sparing them the costs and fees that she was compelled to pay. There is, however, no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that the Association did not commit any prohibited discriminatory act vis-à-vis Heiblum.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Florida Commission on Human Relations enter a final order finding the Association not liable for housing discrimination and awarding Heiblum no relief. DONE AND ENTERED this 27th day of February, 2009, 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 27th day of February, 2009.
