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 is whether the Petition for Relief was timely filed.
Findings Of Fact In January 2008, Petitioner filed a “Housing Discrimination Complaint” with FCHR and/or the U.S. Department of Housing and Urban Development. The complaint alleged that Respondent discriminated against Petitioner based upon her race (black) and religion (Christian) in its servicing of her home mortgage loan. On or about March 27, 2008, a “Determination” was issued finding no reasonable cause to believe that Respondent committed a discriminatory housing practice against Petitioner. On April 18, 2008, FCHR sent a “Notice of Determination of No Cause” to Petitioner by certified mail No. 7007 1490 0002 5958 0931. Petitioner received the Notice on April 22, 2008, according to the certified mail receipt included in the case file. The Notice advised Petitioner that “FCHR has determined reasonable cause does not exist to believe that a discriminatory housing practice has occurred.” The Notice further advised Petitioner that she could request an administrative hearing, and clearly stated that any such request “must be filed with the FCHR within 30 days of the date of mailing of this Notice.” A “Petition for Relief, in blank” was sent to Petitioner along with the Notice. On May 23, 2008, FCHR received a completed “Petition for Relief” form from Petitioner. The form was signed by Petitioner and dated May 20, 2008. Petitioner stated in her response to the Order to Show Cause that she “never received any paperwork on the above case” and that “the only paperwork that [she] received was on or a about June 9, 2008.”
Recommendation Based upon 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 18th day of June, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II 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 18th day of June, 2008.
The Issue The issue in this supplemental proceeding is whether Respondents Soo Y. and Myung S. Chung, separately or together, retaliated against Petitioners as a result of Petitioners' exercise, or attempted exercise, of a protected housing right.
Findings Of Fact From August 2012 through January 2015, Petitioners Verdell Carter ("V. Carter") and her daughter Courtney Carter ("C. Carter"), who are African-Americans, rented and occupied a residential unit in Cité Condominiums ("Cité") in Miami, Florida, which served as their principal residence. At all relevant times, the owners of this unit were Soo Y. Chung and Myung S. Chung (collectively, the "Lessor"). Respondent Cité Condominium Association, Inc. (the "Association"), oversees the operation of the property. The Association's Board of Directors (the "Board") is its governing body. At all relevant times, a third-party property management company, FirstService Residential Florida, Inc. ("Management"), performed on-site management services at Cité. V. Carter and the Lessor entered into a lease agreement concerning Unit No. 3206 at Cité in July 2012. Pursuant to the applicable declaration of condominium, this lease (like all such leases of units at Cité) was subject to Board approval as a condition precedent of V. Carter's taking possession of the leased premises. To obtain Board approval, V. Carter and the Lessor were required (as were all persons entering into such leases) to execute an Addendum to Lease, which made the Association a third-party beneficiary of the lease and, among other things, bound the lessee to all of the rules and conditions applicable to unit owners. There is some dispute concerning the term of the subject lease. It commenced on or around August 15, 2012——that much is certain. The Carters assert that the lease was for three years, until August 15, 2015. The Association contends that the lease had a one-year term with options to renew annually for up to two additional years. The Association maintains——and acted on the belief——that it had the right to veto any attempt to renew the lease. This particular dispute is immaterial, however, for whether or not the Association could veto a renewal attempt, it clearly had the right to dispossess the Carters if they disobeyed the Association's rules. The Addendum to Lease provides, in pertinent part, as follows: Lessee agrees to abide by this Addendum, the [provisions of the Association's Declaration, By-Laws, Articles of Incorporation, Rules and Regulations, as same may be amended from time to time,] and all applicable laws, ordinances and regulations. If Lessee fails to comply with [any of these], Lessor shall promptly commence action to evict Lessee. If Lessor fails to promptly commence action to evict Lessee, Lessor hereby authorizes the Association . . . to commence eviction proceedings [on Lessor's behalf.] Unfortunately for everyone concerned, the Carters repeatedly violated the rules. Early in the lease term, V. Carter brought her dog into the unit without first registering the pet with the Association as required. After Management became aware in November 2012 that V. Carter had an unregistered pet on the premises, it provided her the form for curing the violation, but she failed timely to return the paperwork. As a result, on November 26, 2012, the Association assessed a charge of $56 against the Lessor's account.3/ Meanwhile, C. Carter moved into Unit No. 3206 without informing the Association, which gave rise to a series of violations. Although C. Carter initially occupied the premises as a guest, before long she decided to remain as a resident. In time, Management noticed that C. Carter's stay had exceeded 30 days, making her an "unregistered visitor." Additionally, C. Carter parked her car——which was an "unregistered vehicle"—— in spaces reserved for Cité's owners and tenants (both residential and commercial). This resulted in several $56 charges being posted to the Lessor's account in November 2012 for unauthorized parking and for parking an unregistered vehicle in an unauthorized area. In January 2013, the Lessor was again assessed a $56 charge because C. Carter had parked her unregistered vehicle in an unauthorized area, along with a separate $56 charge for the presence an unregistered visitor (namely C. Carter). By letter dated January 23, 2013, the Association notified the Lessor that it intended to take steps to terminate the lease between the Lessor and V. Carter due to the Carters' failure to comply with the Association's rules. Before that could happen, however, V. Carter registered her dog, C. Carter became a registered tenant, and C. Carter rented an additional parking space from the Association for her car. The Carters assured the Lessor and the Association that, in the future, they would comply with all of the Association's rules. In due course, the Board agreed to acquiesce to the continuation of the lease, and——with the exception of a few relatively minor issues too trivial to recount——relations between the Carters, Management, the Association, and the Lessor calmed down to a reasonably peaceful state of affairs. This détente ended on Sunday, June 22, 2014. On or around that date, the commercial tenant directly below Unit No. 3206 experienced damage from water intrusion at the ceiling. Minor dampness was observed on the carpet outside the front of Unit No. 3206. Management contacted V. Carter and notified her that maintenance personnel needed to enter her unit immediately to locate the source of the leak, which there were grounds to believe was inside. Management's authority to enter the unit was clear and is not disputed. The Addendum to Lease provides: The Association and/or its authorized agent(s) shall have the irrevocable right to have access to the Unit as may be necessary for inspection, maintenance, repair or replacement of any Common Elements accessible therefrom, or for making emergency repairs necessary to prevent damages to the Common Elements or other units. Claiming that she was in the process of showering and in a state of partial undress, V. Carter refused to admit the maintenance men that Sunday morning. They left, so that V. Carter could finish getting ready. When the repair crew returned a short while later, however, V. Carter turned them away again, explaining that she was leaving for church. First thing the next day, June 23, Management notified the Lessor that V. Carter had refused to let maintenance personnel into the unit so that they could identify and repair the source of a suspected leak. The Lessor authorized Management to access the unit that morning. V. Carter, however, again refused to allow the maintenance men to enter the unit. This obstinacy violated the Association's rules and resulted in the imposition of charges totaling $126, for which the Association billed the Lessor. Eventually, Management gained access to the unit and fixed the problem in the bathroom which had caused the leak. Because V. Carter had refused access to the unit in violation of the Association's rules, the Association notified the Lessor and the Carters that it would not approve an extension of the lease beyond August 15, 2014. On June 25, 2014, V. Carter requested a meeting with the Board to discuss this decision. Her request was denied. By letter dated July 11, 2014, the Lessor notified the Carters that the lease would terminate on August 15, 2014. The Lessor also demanded payment of past due rent for April ($500) and July ($1,500) plus reimbursement of a returned-check charge of $30 that the Lessors had incurred when the Carters' June rent check bounced. A few weeks later, a heavy rainstorm, which took place late at night on Sunday, August 3, 2014, and during the early morning hours of August 4, caused Unit No. 3206 to flood. Other units flooded as well, causing an emergency situation for Management, which by all accounts responded promptly. The Carters claim to have been out of town at the time of this incident. Regardless, V. Carter acknowledges that Management contacted her by phone and requested permission——which she gave——to enter her unit to take remedial measures. Maintenance personnel entered the unit and extracted the water. In doing so, they discovered that the patio drain had been plugged with a flower pot, which likely had allowed water to pool on the patio and ultimately flood into the unit through the patio door. The Carters allege that the maintenance men discriminated against them on the basis or race or color by entering other units before taking care of Unit No. 3206. There is no persuasive evidence, however, of any sort of delay (discriminatory or otherwise) on the part of the maintenance crew, which as mentioned responded quickly and reasonably to an overnight situation affecting multiple units in addition to the Carters'. The Carters did not vacate Unit No. 3206 on or before August 15, 2014. As it happened, however, there was another rainstorm on that day which caused further flooding in the unit. C. Carter was present at the time, and she contacted Management, which addressed the immediate problem. After that, a months-long struggle ensued, during which Management and the Lessor attempted to arrange for repairs to be made to fix the damages that had resulted from the August floods and the earlier, June leak, and the Carters, while demanding that the repairs be made, refused access to repairmen and generally failed reasonably to cooperate. Around this time, as well, the Carters——who in the Lessor's eyes had become holdover tenants as of August 15——stopped paying rent to the Lessor. On August 19, 2014, the Lessor gave the Carters a statutory three-day notice to pay rent or vacate the premises on or before August 22, 2014. The Carters did not leave. On September 12, 2014, the Lessor gave the Carters another statutory three-day notice. The Carters, however, did not quit the premises. On or around September 19, 2014, the Lessor commenced an action for eviction in the Miami-Dade County Court. Several months later, the county court entered a judgment of eviction against the Carters, and, on January 20, 2015, a writ of possession was issued. The Carters moved out of Unit No. 3206 on January 23, 2015, but not without incident. Association rules prohibit the use of the stairways when moving furniture and other household goods. Residents who are moving in or out of Cité must reserve (and pay a fee for the use of) the freight elevator and loading dock. The Carters had not arranged to use the freight elevator, preferring instead to use the stairs. Management saw this violation in progress and sought to stop the Carters from moving their belongings down the stairs. The Carters would not be deterred. Management called the police, an officer arrived, and the unauthorized transport of goods through the stairwell was arrested. Meantime, V. Carter's dog urinated on the hallway carpet and on the wall. As a result of this memorable departure, the Association imposed charges against the Lessor's account totaling $950. V. Carter claims to suffer from post-traumatic stress disorder, which she characterizes as a "non-visible" disability. C. Carter claims to suffer from attention deficit hyperactivity disorder, which she characterizes as a "non- visible" disability. Determinations of Ultimate Fact There is no persuasive evidence that any of the Association's decisions concerning, or actions affecting, the Carters, or either of them, directly or indirectly, were motivated in any way by discriminatory animus directed toward V. Carter or C. Carter. There is no persuasive evidence that the Association refused, upon request, to make a reasonable accommodation for either V. Carter or C. Carter. There is likewise no persuasive evidence that any of the Lessor's actions, including bringing suit to evict the Carters, were motivated by discriminatory animus or were taken to retaliate against the Carters for their exercise of a protected housing right. In sum, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination or retaliation could be made. Ultimately, therefore, it is determined that the Association 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 the Association not liable for housing discrimination and awarding the Carters no relief. DONE AND ENTERED this 27th day of April, 2015, in Tallahassee, Leon County, Florida. S 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 April, 2015.
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
