The Issue Whether Respondent discriminated against Petitioner in the terms, conditions, or privileges of rental of a dwelling; or provision of services or facilities in connection therewith, in violation of the Florida Fair Housing Act (“the Act”), section 760.23, Florida Statutes (2019).
Findings Of Fact Petitioner is a female residing in Tallahassee, Florida, who purports to have diagnoses of depression, attention-deficit/hyperactivity disorder (“ADHD”), and a learning disability. Petitioner offered no evidence regarding how her diagnoses affect her daily life. Petitioner originally signed a lease with Respondent to rent apartment F201 at Sabal Court Apartments, 2125 Jackson Bluff Road, Tallahassee, Florida, from November 1, 2017, to October 31, 2018. Petitioner moved into the apartment with her two minor children on November 2, 2017. Petitioner testified her two minor children also have ADHD. On October 24, 2018, Petitioner renewed her lease for the apartment for the term of November 1, 2018, through October 31, 2019. Petitioner testified that, during the term of both leases, she experienced problems with the apartment; including mold in the bathroom, bed bugs, ants, roaches, spiders, and cracked flooring. Most distressing to Petitioner was the air conditioning unit, which Petitioner alleges was filthy and failed to cool the apartment. Petitioner testified she submitted several requests for the unit to be serviced, but it was never repaired to good working condition. Petitioner complained that the apartment was too hot—frequently reaching temperatures in excess of 80 degrees—for her and her children to sleep at night. On August 7, 2019, Petitioner executed a lease renewal form, requesting to renew her lease for an additional 12 months—through October 31, 2020. On September 23, 2019, Respondent posted a Notice of Non-Renewal of Lease (“Notice”) on Petitioner’s apartment door. The Notice notified Petitioner that her tenancy would not be renewed and that she was expected to vacate the premises on or before October 31, 2019. Petitioner testified that she did not know why her lease was non- renewed, but believed it to be additional mistreatment of her and her family by Respondent. In response to the undersigned’s question why Petitioner believed Respondent’s treatment of her to be related to her handicap, or that of her children, Petitioner replied that she does not believe that the non-renewal of her lease, or other issues with Respondent’s management, was based on either her handicap or that of her children.
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 Petition for Relief from a Discriminatory Housing Practice No. 202021115. DONE AND ENTERED this 11th day of May, 2020, in Tallahassee, Leon County, Florida. S SUZANNE VAN WYK 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 11th day of May, 2020. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (eServed) Dastha L. Crews Apartment A 2125 Pecan Lane Tallahassee, Florida 32303 (eServed) Joni Henley, Assistant Manager Sabal Court Apartments 2125 Jackson Bluff Road Tallahassee, Florida 32304 Todd A. Ruderman Green Oaks Tampa, LLC Suite 218 3201 West Commercial Boulevard Fort Lauderdale, Florida 33309 Cheyanne Costilla, General Counsel Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (eServed)
The Issue Whether Petitioner showed by a preponderance of the evidence that Respondent engaged in an unfair and discriminatory housing practice in violation of the Florida Fair Housing Act, section 760.20 et seq., Florida Statutes (2010).1/
Findings Of Fact Ms. Billingsley is an African-American woman; thus, a member of a protected class. The Housing Authority is a government entity of the City of Winter Park, Florida, that provides affordable, public assistance housing for elderly, disabled, and low-income families and individuals. Applicants for the public housing are required to fill out an application that requests information identifying the applicant's income source, Social Security number, addresses for the past five years, and the size of the apartment that the applicant is seeking to rent. The applicant is then placed on a waiting list for an available apartment. Generally, an applicant is informed that the wait for housing is between six to 12 months. The time on this waiting list can be affected by whether or not an applicant meets the criteria for a preference in granting the housing and transfers of existing tenants within the housing complex. Ms. Hinckley, the Housing Authority's executive director, credibly testified that the Housing Authority provides preferences for working families and families with disabled members. In order to qualify for a working-family preference, an applicant must have worked at least 20 hours a week for six of the last 12 months. Ms. Hinckley credibly explained that before an applicant is moved into a housing unit, the Housing Authority will conduct a home visit and verify the applicant's employment for the working preference. In addition to preferences, Ms. Hinckley explained that the amount of time an applicant is on the waiting list can be affected by transfers within the housing complex. The Housing Authority allows a family to transfer within the housing complex based on need, before accepting new families from the waiting list. For example, a family living in a two-bedroom apartment would be allowed to transfer to a larger three-bedroom apartment before an applicant from the waiting list would be allowed to move into the housing complex. On August 27, 2008, Ms. Billingsley applied with the Housing Authority for a three-bedroom apartment. She indicated in her application that she was eligible for the working-family preference. Ms. Billingsley was then placed on the waiting list and given a working-family preference. On June 2, 2009, Ms. Hinckley conducted the home visit with Ms. Billingsley concerning her application. Between December 2009 and Spring 2010, the Housing Authority began renovations of the rental unit bathrooms. During this time, the Housing Authority was unable to accommodate Ms. Billingsley for a three-bedroom apartment. Moreover, the Housing Authority honored transfers within the housing complex before offering Ms. Billingsley a housing unit. On April 9, 2010, the Housing Authority contacted Ms. Billingsley and informed her that a three-bedroom unit would be available in May of 2010. The Housing Authority then sought to verify Ms. Billingsley's working status. Unfortunately, Ms. Billingsley had recently been discharged from employment. The Housing Authority contacted Ms. Billingsley and asked her to provide proof of employment. On May 12, 2010, Ms. Billingsley informed the Housing Authority that she was not employed, but that she was looking for work. Based on the fact that Ms. Billingsley was not working at the time in late April 2010, she was no longer eligible for the working-family preference. As a result, the Housing Authority did not rent the available unit to Ms. Billingsley. Ms. Billingsley has not provided the Housing Authority with any subsequent proof of employment. Moreover, the Housing Authority has not been able to verify her recent claim that she has been employed by Toys-R-Us. Ms. Billingsley did not introduce any evidence, either direct or indirect, showing that the Housing Authority discriminated against her based on her race or that the Housing Authority had a racial preference for Hispanics.
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 Petitioner, Fannie Billingsley's, Petition for Relief. DONE AND ENTERED this 21st day of March, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS 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 21st day of March, 2011.
The Issue The issue in this case is whether Respondent, Hardin Hammock Estates (hereinafter referred to as "Hardin"), discriminated against Petitioner, Ms. Celeste Washington (hereinafter referred to as Ms. Washington), on the basis of her race in violation of the Florida Fair Housing Act, Sections through 760.37, Florida Statutes.
Findings Of Fact The Parties. Celeste Washington is a black adult. Hardin is a housing rental complex with 200 single- family residences. Hardin is located in Miami-Dade County, Florida. Hardin provides "affordable housing" to lower-income individuals and, therefore, its residents are required to meet certain income requirements in order to be eligible for a residence at Hardin. At the times material to this proceeding, Hardin was managed by Reliance Management Incorporated (hereinafter referred to as "Reliance"). At the times material to this proceeding, Salah Youssif, an employee of Reliance, acted as the property manager at Hardin. Mr. Youssif is himself black, having been born in Sudan. Ms. Washington's Charge. On or about August 29, 2002, Ms. Washington filed a Complaint with the Commission. After investigation of the Complaint, the Commission issued a Determination of No Reasonable Cause, concluding that "reasonable cause does not exist to believe that a discriminatory housing practice has occurred" and dismissing the Complaint. On or about May 5, 2003, Ms. Washington filed a Petition with the Commission. Ms. Washington alleged in the Petition that Hardin had violated the Florida Fair Housing Act, Sections 760.20 through 760.36, Florida Statutes. In particular, Ms. Washington alleged that Hardin had "violated the Florida Fair Housing Act, as amended, in the manner described below": Washington was told that the waiting list at Hardin Hammock Estates was closed. She visited this development twice and was told the waiting [sic] was close [sic]. At that time she viewed the wating [sic] list and the majority of the names are [sic] Hispanic. Islanders do not consider themselves as Black Americans. The "ultimate facts alleged & entitlement to relief" asserted in the Petition are as follows: Hardin Hammocks has willful [sic] and [knowingly] practice [sic] discrimination in there [sic] selection practice and a strong possibility that the same incomes for Blacks & others [sic]. Black Americans rent is [sic] higher than others living in these [sic] developments. At hearing, Ms. Washington testified that Hardin had discriminated against her when an unidentified person refused to give her an application and that she believes the refusal was based upon her race. Management of Hardin; General Anti-Discrimination Policies. The residence selection policy established by Reliance specifically precludes discrimination based upon race. A human resource manual which describes the policy has been adopted by Reliance and all employees of Reliance working at Hardin have attended a workshop conducted by Reliances' human resource manager at which the anti-discrimination policy was addressed. An explanation of the Federal Fair Housing Law of the United States Department of Housing and Urban Development is prominently displayed in the public area of Hardin's offices in both English and Spanish. As of July 1, 2002, approximately 52 of Hardin's 200 units were rented to African-American families. Hardin's Application Policy. When Mr. Youssif became the property manager at Hardin, there were no vacancies and he found a disorganized, outdated waiting list of questionable accuracy. Mr. Youssif undertook the task of updating the list and organizing it. He determined that there were approximately 70 to 80 individuals or families waiting for vacancies at Hardin. Due to the rate of families moving out of Hardin, approximately one to two families a month, Mr. Youssif realized that if he maintained a waiting list of 50 individuals it would still take approximately two years for a residence to become available for all 50 individuals on the list. Mr. Youssif also realized that, over a two-year or longer period, the individuals on a waiting list of 50 or more individuals could change drastically: their incomes could change; they could find other affordable housing before a residence became available at Hardin; or they could move out of the area. Mr. Youssif decided that it would be best for Hardin and for individuals interested in finding affordable housing that Hardin would maintain a waiting list of only 50 individuals and that applications would not be given to any person, regardless of their race, while there were 50 individuals on the waiting list. Mr. Youssif instituted the new waiting list policy and applied it regardless of the race of an applicant. If there were less than 50 names on the waiting list, applications were accepted regardless of an individual's race; and if there were 50 or more names on the waiting list, no application was accepted regardless of an individual's race. Lack of Evidence of Discrimination. The only evidence Ms. Washington presented concerning her allegations of discriminatory treatment is that she is black. Although Ms. Washington was refused an application for housing at Hardin,3 the evidence failed to prove that Ms. Washington's race played any part in the decision not to give her an application.
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 Celeste Washington's Petition for Relief. DONE AND ENTERED this 20th day of November, 2003, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN 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 20th day of November, 2003.
The Issue Whether Petitioner was subjected to housing discrimination by Respondent based on Petitioner's national origin, Puerto Rican, in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Rosa M. Cabrera is of Puerto Rican descent and, therefore, belongs to a class of persons protected from discrimination based on national origin under the Florida Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes, (2009). On September 17, 2009, she filed a complaint for housing discrimination against the management of Costa del Sol, LLC. Respondent, Monica Londono, is employed by Morgan Whitney, Inc., the company that manages Costa del Sol, a sixteen-unit apartment complex at 7425 Byron Avenue, Miami Beach, Florida 33141. Ms. Cabrera lived at Costa del Sol for 4 years. In her complaint, she alleged discrimination in the conditions and services provided to her as a tenant based on her national origin. The Housing Authority of Miami Beach inspected Ms. Cabrera's unit annually as required for units subsidized under the Housing Choice Voucher Program, also known as Section 8. On March 23, 2009, a notice was mailed to Ms. Cabrera to inform her that her annual inspection was scheduled for April 10, 2009, between 10:00 a.m. and 1:00 p.m. Mr. Cabrera was not there, on April 10, 2009, when the inspector arrived, so a door handle notice and a letter mailed the same day notified her that the inspection was rescheduled for April 13, 2009. About the same time, Ms. Cabrera said she had trouble with her hot water heater. On April 13, 2009, the unit failed inspection. The inspector found that a bedroom air conditioner was not cooling properly, that a sink stopper was missing, and that a closet door mirror was cracked. A re-inspection was scheduled for May 11, 2009. On April 22, 2009, Ms. Cabrera was offended and apparently turned away, what she said was, a group of six people who came to make repairs without giving her prior notice. On May 11, 2009, the same defects were noted and, on May 29, 2009, the Housing Authority abated the rent and terminated its contract for the unit with Costa Del Sol effective June 30, 2009. Ms. Cabrera was scheduled to meet her Section 8 case worker, Housing Authority Specialist Felipe Roloff, to "start the moving process" at 4:00 p.m., on June 5, 2009. Ms. Cabrera did not keep the appointment and it was rescheduled for June 16, 2009. On June 9, 2009, however, an "abate-cure" inspection was conducted and the unit passed. On July 21 and 23, 2009, Ms. Cabrera contacted Mr. Roloff to tell him that her refrigerator was not working and the landlord was given 24 hours to repair or replace it. When a handyman came alone to make repairs, Ms. Cabrera was afraid to let him in her apartment fearing sexual battery. So Ms. Londono accompanied the handyman when they attempted to deliver a refrigerator. They were unable to exchange the refrigerators because Ms. Cabrera had changed the locks without giving the manager a new key a violation of the terms of her lease, and she would not unlock the door. Ms. Cabrera's son arrived home at the same time and he also did not have a new key. At his suggestion, the refrigerator was left in the hallway for him to exchange it with the one in Ms. Cabrera's apartment later. Ms. Cabrera claimed, without any supporting evidence, that Ms. Londono publicly embarrassed her by calling her a "fucking Puerto Rican bitch" and a "ridiculous old lady." Ms. Londono, who is also of Puerto Rican descent, denied the allegation. Someone, Ms. Londono believes it was Ms. Cabrera, called the Miami Beach Code Compliance Division, to report that the refrigerator was left in the hallway and it was hauled away as household waste. Ms. Cabrera said the refrigerator left in the hallway was in poor condition. Ms. Londono, according to Ms. Cabrera, called the police and accused her of stealing the refrigerator. There is no supporting evidence of their accusations and suspicions about each other. When she finally got a replacement refrigerator, Ms. Cabrera said it was missing one of the crisper drawers. Ms. Cabrera believed she was being discriminated against in receiving poor services and also when Ms. Londono required her to move a plant from the hallway, but did not make another tenant move his motorcycle from the area where it was parked. Ms. Londono notified Mr. Roloff of Ms. Cabrera's lack of cooperation, and that she intended to collect August rent and to withhold a portion of the security deposit to cover the cost of the missing refrigerator. On August 5, 2009, the Housing Authority issued to Ms. Cabrera a Notice of Termination of Housing Assistance effective September 30, 2009. The Notice cited her failure to allow the landlord to enter to make necessary repairs and her failure to report the income of her son who was living with her. When the rent was not paid on August 5, 2009, Ms. Londono delivered a three-day notice to pay rent or vacate to Ms. Cabrera's unit. Ms. Cabrera did not vacate. Eviction proceedings were begun in September. Ms. Cabrera was evicted on November 22, 2009. After Ms. Cabrera moved the report of the inspection of the unit indicated that, among other damage, it was infested with fleas, supporting Ms. Londono's previous claim that Ms. Cabrera was leaving her window open to allow cats to come and feed in her unit, in violation of Section 8 rules. Ms. Cabrera's claim of discrimination based on national origin is not supported by the evidence.
Recommendation Based on the foregoing Findings of Face and Conclusions of Law, it is RECOMMENDED that the Petition for Relief be denied. DONE AND ENTERED this 12th day of March, 2010, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER 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 12th day of March, 2010. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Rosa M. Cabrera 7851 Northeast 10th Avenue, Apt. 26 Miami, Florida 33138 Monica Londono Morgan Whitney, Inc. Costa del Sol, LLC 1385 Coral Way, Penthouse 403 Miami, Florida 33145
The Issue The issue to be determined is whether Respondents engaged in prohibited conduct against Petitioner by discriminating against him based on his race and/or national origin in the terms and conditions, privileges, or provision of services or facilities in the sale or rental of real property in violation of Section 760.23, Florida Statutes (2009).
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following Findings of Fact are made: The Florida Commission on Human Relations is the state agency charged with investigating complaints of discriminatory housing practices and enforcing the Fair Housing Act. It is also charged with investigating fair housing complaints filed with the federal Department of Housing and Urban Development under the Federal Fair Housing Act, 42 U.S.C. Section 3601, et seq. Petitioner, Emmanuel Agbara, is an adult, black male, who is of Nigerian decent. On or about September 18, 2008, Petitioner submitted an offer to purchase Condominium 406 in Orchid Springs Village. Because the real property sought to be purchased was a part of a condominium, there were several contingencies imposed by the declaration of condominium and associated house rules. Respondent, Orchid Springs Condominium, No. 200, Inc., is a non-profit corporation charged with the management of the condominium. Incidental to this responsibility, in conjunction with Bay Tree Management Company, the board of directors has the responsibility to approve or disapprove of the sale of a condominium to a third party. In the event the board of directors or Bay Tree Management Company disapproves of the sale, the condominium documents outline a procedure wherein the proposed sale can be pursued by the property owner and prospective buyer (Petitioner herein). After Orchid Springs advised Petitioner that it had not approved his sale, this alternative was not pursued. Orchid Springs is a part of a mixed-use development of condominiums, patio homes, and private [single-family] residences and is diverse in terms of religion, national origin and income. Prospective buyers, and the Petitioner herein, were required to complete an application that inquired into the prospective buyer's background, intended use of the property, and required three character references. In addition, prospective buyers were required to pay for a "background" check. On September 20, 2008, Petitioner traveled from his home in Maryland to meet with Respondent, John Carroll, president of the condominium board of directors. As they met, an inspection of the condominium unit was being conducted by a home inspection professional. Petitioner anticipated that he would meet with Carroll and two other board members for the personal interview required by the condominium documents as a prerequisite for board approval. The two board members were not available to meet with Petitioner during his September 20, 2008, visit. During the course of the discussion between Petitioner and Carroll, it became apparent that Petitioner anticipated being an "absentee landlord." Carroll advised Petitioner that the owner/residents had various problems with renters, including recent police activity incidental to a drug laboratory in one of the rented condominium units. Carroll also related that four of the absentee owner units were in foreclosure and that placed an economic burden on the remaining owners. During the discussion between Petitioner and Carroll, Petitioner inquired as to whether he could do the three-board member interview by telephone. Mr. Carroll advised him that a telephone conference might be arranged, but that one board member could not do it alone. On October 8, 2008, Petitioner submitted his Association Application. As a part of the application process, Petitioner certified that he had been supplied copies of the Articles of Declaration of Condominium Ownership and By-Laws of Orchid Springs Village, No. 200, Inc.; the Service and Maintenance Agreement; and the manual, "Condominium Living--The Seville." The Association Application includes the following language: "[A]pplicant purchasing Condominium certifies that he/she has . . . read [and] agrees to abide by" the foregoing documents. The Association Application states that "[i]mmediately after submission of the application, Applicant is requested to arrange with the President for a personal interview with at least [three] Board Members present. Such personal interview is a firm requirement [and] may not be waived." Following receipt of a prospective buyer or renter's Association Application, the tasks of conducting the customary background and criminal checks are divided among board members. In this instance, Mrs. Thibodaux, now deceased, did the background check; and Mrs. Douglas did the criminal background check, which, apparently, was a local records check utilizing the county records available through the internet. Testimony reveals that Mrs. Thibodaux reported that she had some problems with two of Petitioner's character references and that the Social Security number he provided was incorrect. This testimony is discounted as Mrs. Thibodaux is dead and not available to testify, and there is no indication that Petitioner's Social security number is incorrect. In addition, two of Petitioner's character references testified at the final hearing. Mrs. Douglas' local criminal background check revealed a January 13, 1997, arrest for battery--domestic violence. The case was "nolle prossed" after the Petitioner was placed in pre-trial diversion. Orchid Spring's critical examination and appraisal of prospective buyers and renters is apparently "slipshod," but not atypical when the prospective cost of a thorough examination that would involve an investigation of an individual's credit history and a thorough criminal and background check. Concern raised by the background and criminal check prompted Carroll to contact Petitioner and request that he come to Florida and meet with three board members for the interview required by the condominium documents. Petitioner was unable to meet with the interview committee. On November 7, 2008, Petitioner was advised by Respondents that his application had been denied. No evidence of damages was advanced by Petitioner.
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 22nd day of November, 2010, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of November, 2010. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lawrence F. Kranert, Jr., General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Emmanuel Agbara 1822 Metzerott Road, No. 206 Adelphi, Maryland 20783 Rex P. Cowan, Esquire Post Office Box 857 Winter Haven, Florida 33882-0857
The Issue Whether Petitioners were subject to discrimination in the rental of a dwelling, or in the terms, conditions, or privileges of rental of a dwelling, based on their race or familial status, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioners, Rolstan and Leticia Hodge, are African- American and currently reside in Virginia Beach, Virginia. Petitioners have six children. Respondent, Watson Realty Corp.,1/ is a real estate and property management company with offices throughout the state of Florida and an office in Georgia. Wendell Davis is the company’s Executive Vice President in charge of Watson Realty Management Division, including its Jacksonville office located at 4456 Sunbeam Road, Jacksonville, Florida 32257. On June 3, 2013, Petitioners completed applications to rent a property from Respondent located at 2314 Creekfront Drive in Green Cove Springs, Florida (the Property). Petitioners’ applications were taken by Gayle Aljets, Secretary at Respondent’s Westside office. Ms. Aljets sent, via facsimile transmission, Petitioners’ applications, along with copies of their photo identification, social security cards, and proof of income, to Anne Fletchall, Application Specialist in Respondent’s Sunbeam office.2/ Ms. Fletchall entered pertinent information from Petitioners’ applications, including personal identification and income information, into a system run by LexisNexis, a company with which Respondent contracted to conduct background, criminal, and financial screening of applicants.3/ LexisNexis screens applicants based on criteria selected by Respondent. For example, Respondent requires applicants to establish income of three times the rental amount, applies the combined income of multiple applicants for the same property (roommates), and requires criminal background checks on applicants 18 years of age and older. On debt issues, Respondent screens applicants for legal debts (e.g., judgments) of $1,000 or more within the most recent 48 months; as well as tax liens, landlord debt, and utility debt within the most recent 24 months. The screening system allows for exceptions, or “overrides,” on negative results for specified criteria. For example, if an applicant has a legal debt of $1,000 or more in the most recent 48 months, or a tax lien, landlord debt, or utility debt within the most recent 24 months, the system will return an override code of “800,” allowing approval of the applicant with a co-signor, or guarantor. The override determinations were made by Respondent at the time Respondent contracted with LexisNexis. Ms. Fletchall entered Petitioners’ information separately as two roommates applying for the Property. LexisNexis reported to Ms. Fletchall that Mr. Hodge had a legal debt of $1,000 or more within the last 48 months, thus failing one of the screening criteria. However, the program assigned an override code of “800,” meaning the application could be approved if Mr. Hodge obtained a guarantor. Mrs. Hodge passed all the LexisNexis screening criteria. LexisNexis further reported Petitioners’ rent-to- income ratio as 24.73 percent, based on a monthly rent of $1,195.00 and a combined income of $5,055.00. According to the criteria established by Respondent when setting up the screening process, a guarantor must establish an income of three and one-half times the amount of the monthly rent. Mrs. Hodge’s individual verified income was approximately $1,400.00, less than three and one-half times the monthly rental amount. Ms. Fletchall sent an email to Heather Cornett, property manager in the Westside office, informing her that Mr. Hodge was approved conditioned upon obtaining a guarantor. Ms. Cornett informed Mr. Hodge by phone that he would need a guarantor in order to qualify to rent the Property. Mr. Hodge asked why a guarantor would be required, but Ms. Cornett was unable to explain. Ms. Cornett informed Mr. Hodge that he would receive a letter from the third-party screening company that explained the details. During that telephone conversation, Mr. Hodge requested a telephone number for LexisNexis. Ms. Cornett did not have the LexisNexis telephone number and informed Mr. Hodge she would have to call him back with the number. Ms. Cornett obtained the number and made a return call to Mr. Hodge with the telephone number the same day. Through contact with LexisNexis, Mr. Hodge learned that a judgment against him by Freedom Furniture and Electronics had caused him to fail the applicable screening criteria, thus triggering the need for a guarantor. Mr. Hodge contacted Ms. Cornett and informed her that the debt had been satisfied. Ms. Cornett asked Mr. Hodge to obtain a letter from the debtor on the debtor’s letterhead verifying the debt had been satisfied. Mr. Hodge subsequently met with Ms. Cornett in her office and presented a letter from Freedom Furniture and Electronics. The letter represented that Mr. Hodge had entered into a payment agreement to satisfy the debt and that, thus far, payments had been made on time. Ms. Cornett faxed the letter to Ms. Fletchall to submit to LexisNexis as additional information. Ms. Fletchall called Ms. Cornett and told her the letter was only proof that payments were being made on the debt, not that the debt had been satisfied. Ms. Cornett called Mr. Hodge and informed him that the letter did not change the status of his application, and a guarantor was still required. Mr. Hodge requested Ms. Cornett submit the matter to a manager for review. Ms. Cornett took the Hodge’s applications, the letter, and the LexisNexis report to Terri Brown, Respondent’s Regional Manager. Ms. Cornett spoke to Ms. Brown via telephone, who confirmed that a guarantor would still be required for approval. Ms. Cornett again called Mr. Hodge with this information. Mr. Hodge did not obtain a guarantor and did not make another application, or otherwise arrange with Respondent to rent the Property. On June 10, 2013, Respondent received an application from a different set of applicants to rent the Property. The applicants were white and listed on their application that they had three children.4/ Ms. Fletchall processed two separate applications for the applicants as roommates, just as she did with Petitioners’ applications. The LexisNexis report showed that the male applicant failed three of the screening criteria, while the female applicant passed all the criteria. The system assigned an override code of “800” for the male applicant’s prior landlord debt, triggering the requirement for a guarantor. The system also assigned an override code of “920” based on the male applicant’s prior issue with a personal check, triggering a requirement that the male applicant pay monthly rent by certified funds. On June 21, 2013, the new applicants entered into a lease for the Property. The tenants obtained a guarantor who signed a lease guarantee which was incorporated into the lease.
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 in FCHR No. 2014H0082. DONE AND ENTERED this 25th day of September, 2014, in Tallahassee, Leon County, Florida. S Suzanne Van Wyk Administrative Law Judge Division of Administrative Hearings The DeSotoBuilding 1230 Apalachee Parkway Tallahassee, Florida32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of September, 2014.
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of his national origin or race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Manuel Rodriguez ("Rodriguez") is a middle- aged white man of (in his words) "Spanish and Italian" descent who at all times relevant lived in Vero Beach, Florida. Respondent Indian River County Habitat for Humanity, Inc. ("Habitat"), is a nonprofit charitable corporation that makes interest-free loans to qualified applicants for the purchase of affordable housing, which the buyers, in return, must help build or renovate. In or around December 2018, Rodriguez submitted a "pre- screening" application for a Habitat home. By letter dated January 3, 2019, Habitat informed Rodriguez that, according to the information he had provided, he fell "within the income guidelines." This meant that Rodriguez could progress to the next step (group orientation) of the multi-step application process. As it happened, however, he did not make it all the way. In a letter dated February 19, 2019, Habitat told Rodriguez that his application could not be approved because his monthly income was insufficient to cover the estimated debt service. Rodriguez presented no evidence at hearing suggesting that Habitat had denied his application for any reason other than the one given to him, namely that "you [Rodriguez] do not earn enough to support a mortgage." Rodriguez was not satisfied with this rationale and arranged to meet with a Habitat employee named David Willis to discuss the matter. Rodriguez believes that Mr. Willis was rude and disrespectful to him. Further, Rodriguez testified that, during their conversation, Mr. Willis used the phrase, "you people." Clearly, this is a potentially offensive remark, and Rodriguez was, in fact, offended by it. When pressed, however, Rodriguez admitted that he did not consider the comment to have been a slur against Spanish or Italian people; rather, he took it as a more focused insult——against, for example, disputatious people. In any event, there is no evidence that Mr. Willis intended to disparage an ethnic or racial group. Determinations of Ultimate Fact There is no persuasive evidence that any of Habitat's decisions concerning, or actions affecting, Rodriguez, directly or indirectly, were motivated in any way by discriminatory animus. Thus, there is 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 Habitat did not commit any prohibited act.
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 finding Habitat not liable for housing discrimination and awarding Rodriguez no relief. DONE AND ENTERED this 15th day of August, 2019, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 2019.
The Issue The issues are whether Respondent engaged in a discriminatory housing practice by allegedly excluding Petitioner from participating in a homeowner’s meeting on January 14, 2009, or ejecting Petitioner from the meeting, based on Petitioner’s religion and alleged handicap, in violation of Section 760.37 and Subsections 760.23(2), 760.23(8), 760.23(8)(2)(b), and 784.03(1)(a)(l), Florida Statutes (2008),1 and, if not, whether Respondent is entitled to attorney fees and costs pursuant to Section 120.595, Florida Statutes (2009).
Findings Of Fact Respondent is a condominium association defined in Section 718.103, Florida Statutes. Respondent manages a condominium development, identified in the record as Tregate East Condominiums (Tregate). Tregate is a covered multifamily dwelling within the meaning of Subsection 760.22(2), Florida Statutes. Petitioner is a Jewish male whose age is not evidenced in the record. A preponderance of the evidence presented at the final hearing does not establish a prima facie case of discrimination on the basis of religion, ethnicity, medical, or mental disability, or perceived disability. Rather, a preponderance of the evidence shows that Respondent did not discriminate against Petitioner in the association meeting on January 14, 2009. In particular, the fact-finder reviewed the videotape of the entire meeting that took place on January 14, 2009. The meeting evidenced controversy, acrimony, and differences of opinion over issues confronting the homeowners present. However, the video tape did not establish a prima facie case of discrimination based on Petitioner’s religion, ethnicity, or alleged handicap. Respondent seeks attorney’s fees in this proceeding pursuant to Section 120.595, Florida Statutes (2009). Pursuant to Subsection 120.595(1)(c), Florida Statutes (2009), this Recommended Order finds that Petitioner has participated in this proceeding for an improper purpose. Petitioner participated in this proceeding for a frivolous purpose within the meaning of Subsection 120.595(1)(e)1., Florida Statutes (2009). The evidence submitted by Petitioner presented no justiciable issue of fact or law. Petitioner provided no evidence to support a finding that he suffers from a handicap defined in Subsection 760.22(7), Florida Statutes. Petitioner claims to have a disability based on migraine headaches but offered no medical evidence to support a finding that Petitioner suffers from migraine headaches or any medical or mental disability. Petitioner’s testimony was vague and ambiguous, lacked precision, and was not specific as to material facts. Petitioner called four other witnesses and cross-examined Respondent’s witnesses. Petitioner’s examination of his witnesses and cross-examination of Respondent’s witnesses may be fairly summarized as consisting of comments on the answers to questions and argument with the witnesses. Petitioner repeatedly disregarded instructions from the ALJ not to argue with witnesses and not to comment on the testimony of a witness. Petitioner offered no evidence or legal authority that the alleged exclusion from the homeowners meeting on January 14, 2009, was prohibited under Florida’s Fair Housing Act.3 Petitioner offered no evidence that he is a “buyer” or “renter” of a Tregate condominium within the meaning of Section 760.23, Florida Statutes. Rather, the undisputed evidence shows that Petitioner is not a buyer or renter of a Tregate condominium. Petitioner attended the homeowners meeting on January 14, 2009, pursuant to a power of attorney executed by the owner of the condominium. If a preponderance of the evidence were to have shown that the owner’s representative had been excluded from the meeting, the harm allegedly prohibited by the Fair Housing Act would have been suffered vicariously by the condominium owner, not the non-owner and non-renter who was attending the meeting in a representative capacity for the owner. The condominium owner is not a party to this proceeding. A preponderance of the evidence does not support a finding that Petitioner has standing to bring this action. Petitioner was neither an owner nor a renter on January 14, 2009. Petitioner’s only legal right to be present at the meeting was in a representative capacity for the owner. The alleged exclusion of Petitioner was an alleged harm to the principal under the Fair Housing Act. Respondent is the prevailing party in this proceeding, and Petitioner is the non-prevailing party. Petitioner has participated in two or more similar proceedings involving Respondent. The parties resolved those proceedings through settlement. The resolution is detailed in the Determination of No Cause by the Commission and incorporated herein by this reference. Respondent seeks attorney’s fees totaling $3,412.00 and costs totaling $1,001.50. No finding is made as to the reasonableness of the attorney fees costs because Respondent did not include an hourly rate and did not submit an affidavit of fees and costs. However, the referring agency has statutory authority to award fees costs in the final order pursuant to Subsection 760.11(7), Florida Statutes.
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 and requiring Petitioner to pay reasonable attorney’s fees and costs in the amounts to be determined by the Commission after hearing further evidence on fees and costs in accordance with Subsection 760.11(7), Florida Statutes. DONE AND ENTERED this 15th day of April, 2010, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 April, 2010.
