The Issue The issue is whether Respondent unlawfully discriminated against Petitioner on the basis of her race in violation of the Florida Fair Housing Act (FFHA).
Findings Of Fact Petitioner is an African-American female. Her Housing Discrimination Complaint alleges that Respondent “charged her $300 more than her White neighbor who has the same disability and the same income”; “she did not have a washer/dryer upon moving into the unit, but her white neighbor had a washer/dryer when she moved in[to] her unit”; “she was required to pay her utilities herself while her white neighbor was given a grant to cover her utilities”; and “she was given a fifteen day notice to vacate on March 9, 2017 that required her to vacate the property by March 31, 2017.” To resolve these allegations, the undersigned has relied on a record that consists only of brief testimony by Petitioner, limited cross-examination by counsel, and documentary evidence submitted by the parties. From November 2014 until she was evicted in March 2017 for non-payment of rent, Petitioner rented a two-bedroom unit owned and managed by Respondent. The property is located at 2418 Santa Barbara Boulevard, Naples, Florida. Petitioner’s final lease agreement was executed on March 1, 2016, on a month-to-month basis, and provided that Respondent could terminate the lease with a 15-day written notice prior to the end of the monthly period. It also provided that the agreement could be terminated for a failure to timely pay the rent. Two-bedroom units are normally shared by two residents, who split the monthly rent. Petitioner has two service animals who reside with her, and she testified that a housemate might not wish to share a unit with two service animals. Accordingly, she agreed to pay $800.00 per month for single occupancy of the unit. The lease agreement required Petitioner to pay her rent the first day of each month. Petitioner testified that she had an oral agreement with management to pay the rent on the third Wednesday of each month, when she received her Social Security disability check. There is no written agreement to confirm this arrangement, and even if an oral modification was agreed to by the parties, Respondent’s accounts receivable ledger reflects that Petitioner frequently did not pay her rent until the end of the month. According to the lease, the monthly rent includes a $75.00 allowance for utilities. Presumably, any charges in excess of that amount are the responsibility of the tenant. Petitioner testified that her next door neighbor is not a member of a protected class and was given more preferential treatment than she was. As an example, Petitioner points out that she paid her own electric bills from November 2014 until February 2016, while her neighbor received a utility subsidy. However, there is no competent evidence in the record to establish what type of arrangement the neighbor had for paying electric bills or whether the neighbor received some type of assistance for this expense. In any event, this allegation is based on events that occurred more than a year before the Complaint was filed and is time-barred. § 760.34(2), Fla. Stat. Petitioner also contends she was charged $300 more per month than her neighbor. Records submitted by Respondent show that the next door neighbor was also in a two-bedroom unit, but was assigned a housemate and paid $495.00 per month during the 12 months preceding the filing of the Complaint. Therefore, both the neighbor and Petitioner were charged the correct amount for their units.2/ Petitioner alleges her next door neighbor’s unit had a washer/dryer when the neighbor moved in, but Petitioner’s unit did not receive these appliances until February 2016. No evidence regarding this issue was presented, and a claim based on acts that occurred more than a year before the Complaint was filed is time-barred. Id. Throughout her tenancy, Petitioner consistently paid her rent late and failed to pay any rent during certain months. As of January 17, 2017, Petitioner was $1,521.00 in arrears on rent. Accordingly, that day, a three-day notice for nonpayment of rent and demand for rent or possession within three days was posted on the premises. On February 22, 2017, a second three-day notice for nonpayment of rent in the amount of $800.00 (presumably based on non-payment of the February rent) and demand for rent or possession within three days was hand-delivered to Petitioner. On March 8, 2017, a 15-day notice of termination of tenancy pursuant to section 83.58, Florida Statutes, was posted at the unit. The notice informed Petitioner that she must vacate the premises by the end of the month. On March 31, 2017, Petitioner vacated the premises, without paying the March rent. Petitioner’s Complaint was filed with FCHR on May 22, 2017. The eviction action was taken only because Petitioner failed to pay the rent, and not because of her race. In her Petition for Relief, Petitioner added an allegation that “FCHR’s Determination: No Cause” was based in part on the erroneous assumption that Respondent does not receive federal housing assistance. Petitioner testified that Respondent receives federal funds and is subject to eviction regulations promulgated by the United States Department of Housing and Urban Development (HUD). She points out that a 30-day eviction notice is required under HUD regulations, but she was only given 15 days’ notice pursuant to state law. Even if this is true, it does not support a charge of discrimination, as the eviction here was based on a non-discriminatory reason, a failure to pay rent, and not because of her race. Finally, Petitioner alleges that Respondent “made housing unavailable to her based on her race,” and that other persons similarly situated to her, but outside her protected class, were treated more favorably. The evidence shows that at least ten other tenants, including white tenants, were evicted for non-payment of rent during the same time period. See Resp. Ex. 14. There is no evidence, direct or indirect, to support a claim of housing discrimination.
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, with prejudice. DONE AND ENTERED this 20th day of June, 2018, in Tallahassee, Leon County, Florida. S D. R. ALEXANDER 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 20th day of June, 2018.
The Issue Whether Respondent, Ameron Homes, Inc., discriminated against Petitioner, Carolyn Henke, in violation of the Florida Fair Housing Act; and, if so, the relief to which Petitioner is entitled.
Findings Of Fact On March 12, 2015, Petitioner entered into a contract with Ameron to build a new home in Micco, Florida. Petitioner selected Ameron because of the reasonable price it offered to construct her house, as well as the fact that Ameron could immediately begin work. The total contract price for Petitioner’s new house was $198,052. This figure included a base price of $170,000, plus “extras” that Petitioner requested in the amount of $27,552. Ameron completed construction of Petitioner’s house in September 2015. Petitioner moved into her home on September 25, 2015. She paid her final bill to Ameron on September 29, 2015. Petitioner complains that Ameron failed to construct her home using the required standard of care. She also maintains that Ameron overcharged her for certain building materials. Petitioner specifically alleges that the house Ameron built for her did not include several of the details, features, or “extras” that she specifically requested. Petitioner further asserts that she paid approximately $8,500 for items that should have been covered in her “extra” charges. Petitioner claims that she found a number of deficiencies when she moved in. Petitioner’s issues include: Storm shutters: Ameron provided storm shutters for Petitioner’s exterior windows as part of its standard contract. Petitioner represented that the shutters delivered to her home were made of steel. Petitioner explained that steel shutters are much too heavy for her to hang over her windows. Petitioner insisted that she should have been given aluminum shutters instead of steel shutters. Petitioner complained that Mr. Brognano never discussed the different types of shutters that Ameron could have offered with her contract. Flooring: Petitioner disliked the laminate flooring Ameron installed in her home as part of its standard contract. Therefore, she purchased wood-like, tile flooring on her own. Petitioner was upset that she had to pay an additional cost (above the “extras”) for the tile she selected (approximately $2,000). Kitchen cabinets: Petitioner was upset at the poor quality of her cabinets. Petitioner asserts that under her contract, she was entitled to select the cabinets for her kitchen. Instead, Petitioner declared that Ameron installed cabinets with a very cheap exterior coating. Petitioner testified that the finish on her cabinets is beginning to peel. Front door: Petitioner complains that her front door does not fit tightly into the doorframe. In addition, the front door needs to be adjusted to eliminate a gap at the bottom of the doorway. Sod and soil: Petitioner is upset that she had to pay extra for part of the sod laid around her home (approximately $1,000). Furthermore, after rain eroded soil away from her home, Petitioner believes that Ameron should have corrected the situation. General construction complaints: Petitioner complained about the general quality of her home, as well as its condition upon completion. Petitioner asserted that she found dust, nails, and gobs of plaster scattered throughout her house. Petitioner claims that she has plumbing and sewer issues. In addition, a ceiling register is broken and some grout and cement is cracked and worn away. Finally, Petitioner complains that Ameron failed to make several modifications she requested as she moved into her home. Petitioner alleges that Ameron inadequately or failed to include handicap accessible features in her bathroom. These features most notably included grab bars in her shower. Petitioner also asserted that Ameron failed to account for her disability when it installed the soap dish and fixtures in her shower. They are positioned too high for her to safely reach or adjust. (As explained below, at Petitioner’s request, Ameron hired and paid a third party to install grab bars in Petitioner’s shower. At the final hearing, Petitioner testified that, at this time, the grab bar is broken.) Petitioner believes that Ameron took advantage of her because she is a woman, elderly, alone, and handicapped. Petitioner asserts that when she expressed her frustration at the manner in which her house was built, Ameron never listened to her. Petitioner also believes that Ameron overcharged her for the inferior “extras” it added to her home. Petitioner asserts that Ameron would not have ignored her complaints if she was a man. Petitioner was 87 years old at the time of the final hearing. Respondent does not dispute that Petitioner suffers from a physical disability.4/ Petitioner testified that she sent her initial complaint to the Commission alleging a discriminatory housing practice by Ameron on October 31, 2016.5/ Ameron is owned by William and Todd Brognano. At the final hearing, William Brognano testified on Ameron’s behalf. Mr. Brognano relayed that Ameron has been building homes since 1981. Mr. Brognano asserted that Ameron has a fine reputation for the quality of the homes it constructs. Mr. Brognano expressed that Ameron builds between 100 and 170 homes a year. Ameron has built many homes for women and handicapped persons. Mr. Brognano denied building Petitioner’s home in a faulty manner. He further denied that Ameron discriminated against Petitioner in any way. Mr. Brognano explained that Petitioner contracted with Ameron to construct a single-family home for the base price of $170,000. In addition, Petitioner requested “extras” to her home in the amount of $27,552. These “extras” included certain enhancements and modifications, such as a two-foot addition to her bedroom, different laminate and tile for certain floors, walls, and countertops, additional lighting, a tile roof, and the relocation of several palm trees in her yard. Mr. Brognano asserted that all the standard features of Petitioner’s home, as well as each “extra” that Petitioner requested, were clearly itemized in her contract. In response to Petitioner’s specific complaints, Mr. Brognano offered the following: Windows: Mr. Brognano commented that all standard homes are built with windows and shutters that meet Florida Building Code requirements. Ameron could have installed impact windows on Petitioner’s house for an additional charge. However, Petitioner specifically declined impact windows because of the cost. Storm shutters: Mr. Brognano explained that Petitioner’s contract did not specify the type of storm shutters to include with her home. In addition, Petitioner specifically declined upgraded shutters because of the cost. Therefore, Mr. Brognano believed that Ameron initially provided steel shutters, which are standard. (Steel shutters are heavier, but stronger, than aluminum shutters.) However, Mr. Brognano testified that after Petitioner notified Ameron of her desire for aluminum shutters, Ameron agreed to arrange for a third-party shutter company to deliver aluminum shutters to Petitioner’s home at no extra charge. (The bill from the company that supplied the shutters referenced “aluminum” shutters. However, Petitioner maintains that the storm shutters she received were steel.) Flooring: Ameron installed floor coverings, including carpeted bedrooms, vinyl kitchen flooring, and tile, as standard features in Petitioner’s home. Petitioner, however, wanted to use laminated wood flooring in parts of her home. Therefore, in June 2015, on her own, Petitioner bought wood tile flooring from a third-party tile company. The additional tile cost Petitioner $2,331.29. Ameron agreed to pay a subcontractor to install the tile Petitioner purchased. Kitchen cabinets: Mr. Brognano refuted Petitioner’s assertion that her cabinets were made of cheap material. Mr. Brognano relayed that, not only did Petitioner select the cabinets that Ameron installed, but they were of nice quality. Sod and soil: Per the specific terms of Petitioner’s contract, Ameron provided 8,000 square feet of Bahia sod for Petitioner’s property. However, Petitioner’s lawn required a total of 10,625 square feet of sod. Mr. Brognano asserted that Petitioner was obligated to pay the additional cost. Mr. Brognano further testified that Ameron fixed the parts of Petitioner’s lawn affected by erosion at no additional cost. General construction complaints: Mr. Brognano commented that Petitioner’s complaints reveal that she does not understand how home construction works. The presence of sawdust, nails, and construction materials is common in most homes during, or immediately after, construction. Just before Petitioner moved in, Ameron paid to have her house professionally cleaned (as is its common practice). Mr. Brognano further testified that everything in Petitioner’s home meets building code standards. Mr. Brognano also claimed that Ameron addressed a number of Petitioner’s complaints. Finally, upon completion, Petitioner’s home was inspected, and no construction issues were found. Regarding Petitioner’s shower, Mr. Brognano explained that Petitioner first notified Ameron about the issues in her shower just after Ameron had completed her home, but before she took occupancy on September 25, 2015. Mr. Brognano relayed that Petitioner’s contract did not contain any provisions regarding grab bars. Instead, Petitioner personally bought grab bars and requested Ameron install them. (Petitioner produced a purchase receipt from Lowe’s showing that two grab bars were purchased on September 10, 2015.) Mr. Brognano testified that Ameron agreed to pay for the installation of both the grab bars and the soap dish at no extra charge to Petitioner. (At the final hearing, Petitioner asserted that she personally paid the individual Ameron hired to install the grab bars.) Ameron hired Chuck Velek, who has worked as a carpenter for over 30 years, to install the grab bars. At the final hearing, Mr. Velek testified that when he reported to Petitioner’s home, she provided him with a grab bar and instructed him to place it in her shower. Mr. Velek declared that he installed one grab bar in Petitioner’s shower. Mr. Velek stated that Petitioner’s friend directed him where to position the grab bar in the shower. Mr. Brognano testified that, when she moved into her home on September 25, 2015, Petitioner did not alert Ameron to any issues with her shower. On the contrary, Petitioner told Mr. Brognano that she loved her house. Based on the evidence and testimony presented at the final hearing, Petitioner did not demonstrate, by a preponderance of the evidence, that Ameron discriminated against her based on her age, sex, (aloneness) or handicap in violation of the FHA.
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 dismissing the Petition for Relief filed by Petitioner, Carolyn Henke, for lack of jurisdiction based on Petitioner’s failure to timely file her petition under the Florida Fair Housing Act. Alternatively, it is RECOMMENDED that the Florida Commission on Human Relations issue a file order concluding that Respondent, Ameron, did not commit a discriminatory housing practice against Petitioner and dismiss her Petition for Relief. DONE AND ENTERED this 5th day of December, 2018, in Tallahassee, Leon County, Florida. S J. BRUCE CULPEPPER 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 5th day of December, 2018.
The Issue Whether Respondent, Hialeah Housing Authority (the Housing Authority), discriminated against Petitioner, Diana Varona, in violation of the Florida Fair Housing Act (the Act), and, if so, the relief to which Petitioner is entitled.
Findings Of Fact Petitioner is a black Hispanic female. She is a former resident of an apartment complex administered by the Housing Authority. The Housing Authority is a public housing authority that administers the section 8 program within Miami-Dade County, Florida, pursuant to 42 U.S.C. section 1437f. Under the section 8 program, the Housing Authority uses funds, supplied by HUD, to pay a percentage of the monthly rent on a leased "unit" directly to the landlord. The section 8 program tenant pays the balance of the monthly rent to the landlord. As part of the Housing Authority’s program, each year section 8 participants must complete a personal declaration form. This form requires specific information about various aspects of the declarant and those family members authorized to participate in the program. The information includes the declarant’s financial circumstances and other facts. In or around January 2012, Petitioner moved into an apartment complex administered by the Housing Authority from out–of-state. Petitioner and her two minor children were the only authorized occupants for the apartment. Petitioner was diagnosed with ADHD (attention deficit hyperactivity disorder), bipolar disorder, and cancer in 2012 or 2013. She was scheduled for cancer surgery in July 2013, but had to cancel the surgery due to an unexpected addition to her family. On July 22, 2013, Petitioner requested to break her lease when she reported to the Housing Authority what she considered to be “life-threatening” conditions in her apartment, as well as the harassment of her children when they played outside. Petitioner had to go up the Housing Authority’s chain- of-command to get assistance; however, her apartment was inspected. As a result of the inspection, Petitioner’s landlord advised the Housing Authority that there were additional people living in Petitioner’s apartment. Based on the landlord’s observation of unauthorized persons living in the apartment, the Housing Authority instituted a fraud investigation. Detective Gutierrez is a Hialeah police officer assigned to the Housing Authority as an investigator. Detective Gutierrez conducts investigations into alleged violations of section 414.39, Florida Statutes (fraud). On August 13, 2013, Detective Gutierrez knocked on Petitioner’s front door. Petitioner opened the door and engaged in a conversation with the detective. While standing at Petitioner’s front door, Detective Gutierrez observed two adult males in Petitioner’s apartment. Jose Varona, Petitioner’s uncle, was released to Petitioner on July 24, 2013,4/ and was living in Petitioner’s apartment. Lazaro Gomez, Petitioner’s boyfriend, was also living in Petitioner’s apartment.5/ Once his conversation was completed, Detective Gutierrez returned to his office and reviewed Petitioner’s section 8 personal declaration form. On the form, Detective Gutierrez noted that Petitioner stated that she had never been arrested. Detective Gutierrez researched police records and determined that Petitioner had, in fact, been arrested in April 2013 for making a threat against an individual. Additionally, Detective Gutierrez noted that Petitioner’s stated income on the declaration form did not support the purchase of an automobile via a loan agreement. On August 13, 2013, Petitioner submitted to the Housing Authority an incomplete application for a live-in aide to assist her. The Housing Authority’s application is seven pages long and Petitioner failed to submit two pages that provided information from her treating physician. The Housing Authority’s process to determine whether to grant a live-in aide request involves a three step process: the verification that the requesting individual is disabled (meets the definition of a disabled person via a physician’s confirmation); that the individual needs the assistance of another person (which is also determined by a physician’s documentation); and that the live-in-aide qualifies as a live-in aide. On August 22, the Housing Authority denied Petitioner’s application for a live-in aide, but notified her that she could supplement her request with additional documentation, including the doctor’s verification. Petitioner did not supplement her application. Petitioner also claimed she filed a request to allow a family member, Mr. Varona, to move in with her family. Petitioner discussed with the Housing Authority personnel about adding her uncle to her contract. However, the Housing Authority never received a written request for Mr. Varona to be added to Petitioner’s voucher. It is the Housing Authority’s policy that it does not add adult family members to a voucher contract except via marriage or legal guardianship. Although Petitioner holds the power of attorney for Mr. Varona, she is not his legal guardian. Detective Gutierrez completed his investigation and filed his report with the Housing Authority. On August 26, the Housing Authority notified Petitioner that her participation in the section 8 Housing Choice Voucher Program was terminated, effective September 30. The basis given for Petitioner’s housing termination were listed as: engaging in criminal activity and failing to disclose it to the Housing Authority in her personal declaration in July 2013 (verification that Petitioner had been arrested on April 30, 2013); and allowing an unauthorized person to reside in the apartment. Petitioner timely requested an administrative hearing regarding the termination of her housing voucher. The hearing was originally scheduled for October 30, 2013; however, on October 28, Petitioner requested a continuance of the hearing based on her physical condition. The request was granted and the hearing was continued to December 3. In early November 2013, Petitioner asked the Housing Authority for a reasonable accommodation for an apartment with accessible features. The Housing Authority did not approve or deny this request, as it does not own the apartments, but offered to send her a list of accessible units known to the Housing Authority. Petitioner never contacted the Housing Authority for additional information. Petitioner was represented by an attorney at the Housing Authority’s December 3 hearing. As a result of this hearing, Petitioner’s termination of participation in the section 8 program was upheld. That said, Petitioner failed to present any credible evidence that other residents in the community were treated differently.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Petitioner in its entirety. DONE AND ENTERED this 4th day of November, 2015, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 4th day of November, 2015.
