The Issue The issue in this case is whether Petitioners have been subjected to illegal discriminatory treatment by Respondent in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioners' complaint, which was dismissed by FCHR on March 24, 2003, resulted from a Housing Discrimination Complaint dual-filed with FCHR and HUD. Petitioners seek to become landlords under the Federal government's Section 8 Program, administered in the Ocala area by Respondent. It is the responsibility of Respondent to receive applications from owners of properties, like Petitioners, who are willing to rent those properties to economically adversely-affected individuals. Respondent then inspects the properties and determines a rental allowance or the amount of supplemental Federal money to be paid the landowner for the rental of a specific property, thereby allowing the economically deprived person a place to live. Petitioners claim that Respondent has discriminated against them by refusing to allow Petitioners to participate in the Section 8 program; specifically, by not making reasonable rent determinations and delaying inspections which are preliminary to a determination of a rental rate. Petitioners did not offer evidence of any specific acts of race-based discrimination. Nor did Petitioners cite any specific information concerning disparate treatment of landlords in the Section 8 program based on race. Further, Petitioners were unable to cite any statistical information that could reasonably lead to the inference that Respondent engaged in wide-spread discrimination. Petitioners’ race-based claims were not supported by any specific information about disparate treatment by Respondent. Petitioners contested the amount of rent which Respondent determined to be applicable to the subject property. As long as the amount of rent was contested, Respondent could not make a rent determination for the Petitioners' properties. A letter to Petitioners from Respondent, dated October 9, 2002, provided Petitioners with notice that Respondent had been advised by its attorney that it could not make a rent determination while the HUD complaint was pending. The letter further stated that should Petitioners withdraw their complaint, their application would be processed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered dismissing the Petition for Relief. DONE AND ENTERED this 15th day of September, 2003, in Tallahassee, Leon County, Florida. S DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 2003. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 David E. Midgett, Esquire Ocala Housing Authority 2800 East Silver Springs Boulevard Suite 205 Ocala, Florida 34470 Larry Williams Monica Williams Post Office Box 01322 Miami, Florida 33101-3221 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issues in this case are, one, whether Respondent unlawfully discriminated against Petitioner on the basis of her alleged handicap in violation of the Florida Fair Housing Act; and, two, whether Respondent subjected Petitioner to acts of coercion or retaliation as a result of Petitioner's exercise, or attempted exercise, of a protected housing right.
Findings Of Fact Petitioner Maria Thornhill ("Thornhill") owns and lives in a unit in the Admiral Farragut Condominium Apartments. Respondent Admiral Farragut Condominium Association, Inc. ("AFCA"), manages the property of which Thornhill's condominium is a part. This case continues a dispute between Thornhill and AFCA which began in 1997, when Thornhill——without first securing AFCA's permission——installed three wooden steps leading from her rear balcony down to a patio located about 30 inches below. AFCA disapproved of the steps and directed Thornhill to remove them, which was done long ago. In the past, Thornhill has alleged, among other things, that AFCA and its individual directors unlawfully discriminated against her in denying her many requests to reinstall the steps, which she claims are needed as a reasonable accommodation for her handicap.2 Consequently, the parties have been pitted against each other for years in one legal proceeding after another, in various forums including DOAH. Thornhill has lost many battles in this protracted litigation——and consequently been ordered to pay tens of thousands of dollars in sanctions, court costs, and attorney's fees. Still, she presses on. In this case, Thornhill argues, as she has for more than a decade, that she needs to attach steps to her rear balcony because she is physically unable to traverse the 30 inches which separate the balcony from the ground and hence would be trapped if a fire were to block both of the unit's two doors to the outside. Not for the first time, Thornhill alleges here that AFCA discriminated against her on the basis of handicap when it denied her request(s), the most recent of which was made in January 2004, for approval of the steps. In addition to her claim involving the steps, Thornhill alleges that AFCA has discriminated or retaliated against her, in some unspecified way(s), in connection with a boat slip, which she is, evidently, "next in line" to rent, once the lease expires under which another unit owner currently enjoys the right to use the slip. Finally, Thornhill contends that, in its efforts to collect the various money judgments it has been awarded, AFCA has retaliated against her unlawfully. Determinations of Ultimate Fact With regard to the steps, Thornhill presented no evidence suggesting that such a modification is reasonable, nor any proof that installation of such steps is necessary to ameliorate the effects of her particular handicap. There is no evidence that any of AFCA's decisions concerning the boat slip were motivated in any way by discriminatory animus directed toward Thornhill. There is likewise no evidence that AFCA ever undertook to execute or otherwise enforce the judgments it has obtained against Thornhill because of discriminatory animus. In sum, there is not a shred of competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination, coercion, or retaliation could possibly be made. Ultimately, therefore, it is determined that AFCA 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 AFCA not liable for housing discrimination and awarding Thornhill no relief. DONE AND ENTERED this 20th day of January, 2010, 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 20th day of January, 2010.
The Issue The issue in this case is whether Respondent, Cordell John, (Landlord) discriminated against Petitioner, Denise Johnson- Acosta (Johnson) on the basis of her or her daughter’s alleged handicap in violation of the Florida Fair Housing Act.
Findings Of Fact Johnson is a Hispanic woman. She has asthma and other medical conditions. Johnson has a teenage daughter, Ashley Denise Rivera. Ashley has a seizure disorder and has bipolar disorder. Johnson is engaged to Alexis Pons. The Landlord is an African-American male. He owns the property located at 13847 Beauregard Place in Orlando, Florida (the Property). The Property is a single-family residential townhouse. At some unspecified time during calendar year 2012, Johnson approached the Landlord expressing an interest in leasing the Property. At that time, another tenant was living in the Property but was in the process of moving out. The Landlord showed Johnson the Property. Johnson expressed her complete satisfaction with the Property and that she would like to lease it (and possibly buy it in the future). At first sight, Johnson liked everything about the Property except for the back yard. On September 10, 2012, the Landlord emailed a Rental Application to Johnson. The email advised Johnson that there would be a $50 application fee which must be paid when the application was delivered. In response to the email, Johnson confirmed that she wanted to view the Property on the upcoming Thursday. On September 11, 2012, Johnson filled out the Rental Application and provided it to the Landlord for review. The application listed Johnson as the primary tenant and Ashley and Pons as additional residents. The application also noted that Johnson had a pet, a petite Chihuahua, which would be living in the unit. After reviewing the application, the Landlord notified Johnson via email that he would need pictures of the Chihuahua. He also asked how much the dog weighed. The Landlord also told Johnson that the rent would be $1,250 per month and that a $200 nonrefundable pet fee must be paid. Johnson replied that the dog weighed four pounds. She was concerned that the Landlord was now quoting $1,250 per month when earlier discussions had indicated the rent would be $1,200 per month. Johnson thanked the Landlord and agreed to provide a picture of the dog. The Landlord replied to Johnson that when pets are involved, the rent is increased slightly. Johnson and the Landlord had a conversation on September 17, 2012. By email dated September 18, 2012, Johnson told the Landlord that she had decided to withdraw her application because of “multiple misunderstandings” between the parties. At some point thereafter, Johnson decided to go through with the lease after all. On October 20, 2012, Johnson did a walk-through inspection of the Property. By way of her signature on the walk-through check list, Johnson agreed that the living room, kitchen, dining room, both bathrooms, both bedrooms, and all other portions of the Property were satisfactory. The only caveat was that there was stain on a counter in the kitchen area. Johnson said she would “advise at time of move” as to her feelings about the parking areas and the patio/terrace/deck area. On November 2, 2012, Johnson and the Landlord entered into a binding Residential Tenancy Agreement. Johnson initialed each page and signed the agreement. The agreement was witnessed by two individuals. On or about that same date, Johnson gave the Landlord several money orders: A $250 money order for the pet deposit; $50 for Pons’ application fee, and $880 for prorated rent for November. Johnson did not complain about the pet deposit at that time. Johnson moved into the Property on or about November 2, 2012. About two months later, on January 1, 2013, Johnson mailed a letter to the Landlord via certified mail, return receipt requested. The letter advised the Landlord that Johnson would be moving out of the Property on or before January 14, 2013. The letter cited several bases for the decision to move out, including: Air condition vents were “visibly covered with dust and dark surroundings”; Johnson and her daughter have severe allergies; Johnson has acute asthma and bronchitis; and The dwelling is unlivable. Johnson also claimed many violations of Florida law by the Landlord concerning the lease, including: Taking a deposit for a pet when that pet was in fact a companion dog. (Johnson submitted a letter into evidence from a behavioral health care employee. The letter, dated some five months after Johnson vacated the unit, said that Ashley would benefit from having a companion dog as she did not have many friends. There was no evidence that the Chihuahua was ever registered or approved as a companion dog.); Smoke alarms which were not in working order; Electrical breakers tripping throughout Property; Unreimbursed expenses, e.g., for changing locks; Failure to put Pons on the lease agreement despite doing a background financial check on him; and Harassment from Bank of America employees trying to collect the Landlord’s mortgage payment for the Property. In the letter stating she would be moving, Johnson expressed her sorrow that the housing situation did not work out. She then set forth the amount of deposit money she believed should be returned to her. In response, she received a letter from the Landlord’s counsel advising that her security and pet deposits had been forfeited. On January 4, 2013, the Landlord posted a notice on the Property door demanding payment of outstanding rent within three days. In lieu of payment, Johnson could vacate the premises within three days. Johnson vacated the premises. On January 14, 2013, Johnson did an exit walk-through of the Property, along with the Landlord, his mother, and Pons. At the completion of the walk- through, Johnson turned over the keys for the Property to the Landlord. Johnson claims discrimination on the part of the Landlord because he failed to recognize or accept the companion dog, failed to put Pons on the lease agreement, and failed to make accommodations for Johnson’s claimed health conditions.
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 Denise Johnson-Acosta in its entirety. DONE AND ENTERED this 3rd day of December, 2013, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 3rd day of December, 2013. COPIES FURNISHED: Violet Denise Crawford, Agency Clerk Florida Commission on Human Relations Suite 100 2009 Apalachee Parkway Tallahassee, Florida 32301 Cordell John 2921 Swoops Circle Kissimmee, Florida 34741 Denise Johnson-Acosta Post Office Box 453347 Kissimmee, Florida 34745 Cheyanne Costilla, General Counsel Florida Commission on Human Relations Suite 100 2009 Apalachee Parkway Tallahassee, Florida 32301
The Issue Whether Respondent committed a discriminatory housing practice by "lock[ing] [Petitioner] out of [his] apartment" at the Arena Hotel, as alleged in Petitioner's housing discrimination complaint, and, if so, what relief should the Florida Commission on Human Relations (Commission) provide Petitioner.
Findings Of Fact Based on the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: Respondent is a black male. Since 2000, he has maintained a residence at the Arena Hotel (Establishment), a rooming house (with 22 rooms) located in Miami, Florida. Respondent is the former owner of the Establishment. He purchased the Establishment approximately three years ago. At the time of the purchase, there were only a small handful of blacks residing in the Establishment (including Petitioner). The percentage of black residents increased significantly during his ownership. Respondent lived in Israel when he owned the Establishment (as he does now). Every several months he traveled to Miami and visited the Establishment. Respondent had an on-site manager to take care of the day-to-day affairs of the Establishment for him. Respondent also had a brother living in the area on whom he could call to check on the Establishment. The brother, Gil Terem, worked for Majestic Properties, Inc., a Miami-based real estate brokerage firm. Gil Terem assisted in Respondent's sale of the Establishment. From the time Respondent purchased the Establishment until the time he sold it, Petitioner regularly complained to management and various governmental agencies about the conditions in his room and the common areas. Petitioner's complaints were not the only ones management received during this time frame. There were also complaints from residents of the Establishment who claimed that Petitioner was acting aggressively and harassing them. On November 6, 2002, government inspectors conducted an inspection of the Establishment. Later that same day, November 6, 2002, City of Miami police were called to the Establishment by management to look into an allegation of harassment made against Petitioner. Gil Terem was on the premises of the Establishment when the police arrived. Respondent was not present. He was in Israel. Upon their arrival, the police confronted Petitioner and spoke with him. Although the police did not arrest Petitioner or take him into custody, Petitioner was under the impression, following his discussion with the police, that he was not free to reenter his room and that he had to vacate the premises. He therefore left the Establishment without returning to his room. Notwithstanding what Petitioner may have believed, there was no intention to evict him. Petitioner pursued legal action in Miami-Dade Circuit Court alleging that he was illegally removed from his room in the Establishment. On December 4, 2002, in the case of David Powell v. Majestic Properties, Inc., Case No. 02-27703CA30, Miami-Dade County Circuit Court Judge Barbara Levenson issued an Order Granting Plaintiff's Motion for Injunctive Relief, which read as follows: This cause having come on to be heard on Dec. 4, 2002 on Plaintiff's Motion for Injunctive Relief and the Court having heard argument of counsel, and being otherwise advised in the premises, its is hereupon, ORDERED AND ADJUDGED that said Motion be, and the same is hereby, granted. A temporary restraining order is in effect pending the setting of a further hearing. [Plaintiff] is allowed to return to his residence. Following the entry of this Order, Petitioner returned to his room in the Establishment. Because there was a new lock on the door that had been installed during his absence, he was not able to enter the room until Gil Terem came by with a key to let him in. Subsequent to his return to the Establishment, Petitioner initiated various judicial and administrative actions, including the instant one,1 claiming that Respondent and others conspired to unlawfully discriminate against him by depriving him of the opportunity to enjoy the privileges of residing at the Establishment. The record evidence is insufficient to establish that Petitioner was in any way discriminated against on the basis of race or handicap or that any adverse action was taken against him in retaliation for his claiming that he was the victim of housing discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission issue a final order finding that no "discriminatory housing practice" has been committed and dismissing Petitioner's complaint based on such finding. DONE AND ENTERED this 6th day of October, 2004, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of October, 2004.
The Issue The issue in this case is whether Respondents committed a housing discriminatory practice in violation of Chapter 760, Florida Statutes (2008).
Findings Of Fact On or about January 20, 2009, the Petitioner filed a Housing Discrimination Complaint with the Florida Commission on Human Relations (Commission). Pursuant to the Commission's procedure, an investigation of the matter was completed that resulted in a Notice of Determination of No Cause. Essentially, the Commission found that based upon the allegations raised by the Petitioner there was no cause from which it could be found the Respondents had violated the Florida Fair Housing Act. Thereafter, the Petitioner elected to file a Petition for Relief to challenge the determination and to seek relief against the Respondents for the alleged violation. The Commission then forwarded the matter to the Division of Administrative Hearings for formal proceedings. The Division of Administrative Hearings issued a Notice of Hearing that was provided to all parties at their addresses of record. The postal service did not return the notices as undelivered. It is presumed the parties received notice of the hearing date, time, and location. No party appeared at the hearing.
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 dismissing the Petitioner's claim of discrimination. DONE AND ENTERED this 6th day of August, 2009, in Tallahassee, Leon County, Florida. J. D. PARRISH 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 6th day of August, 2009. COPIES FURNISHED: Leaford Green Danett Green 3758 Southwest Findlay Street Port St. Lucie, Florida 34953 Paula Adams Post Office Box 1665 Fort Pierce, Florida 34950 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
The Issue Whether Petitioner was subjected to housing discrimination by Respondent based on Petitioner's race, African-American, in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Miguel Johnson is an African-American male and, therefore, belongs to a class of persons protected from discrimination under the Florida Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes (2009). He filed a complaint for housing discrimination against Riviera Towers at 6896 Abbott Avenue in Miami Beach. Respondent Riviera Terrace Apartments (Riviera Terrace) was apparently erroneously named Riviera Towers in the complaint and in the style of this case. Notice of that error was given by the owner, Arie Markowitz, and in the absence of any indication that Riviera Terrace is a corporate entity, Mr. Markowitz is also added as a Respondent. The style has been corrected to reflect these corrections. Riviera Terrace, 6890 Abbott Avenue, Miami Beach, Florida, 33141, is a 20-unit apartment complex. Mr. Johnson thought that the complex has 22 units, but there is no evidence to support his thinking. Contrary to his request, the undersigned has no independent investigative powers and must accept the evidence in the record. According to his records, Mr. Johnson, on March 17, 2009, telephoned a number he saw on a "For Rent" sign at Riviera Terrace. A woman identified as Diana Miteff answered the telephone. Mr. Johnson said Ms. Miteff identified herself as the manager of the complex. The telephone records indicate that the conversation lasted one minute. Mr. Johnson testified that Ms. Miteff told him to call back later. Mr. Johnson telephoned Ms. Miteff again on March 21, 2009, and his records indicate that they talked for 8 minutes. Mr. Johnson testified that Ms. Miteff told him about the security deposit, that the rent for a one bedroom apartment was $900 a month, and that she had some vacant efficiencies. Mr. Johnson testified that a friend of his, Pedro Valdes, lives in the same complex and that together they met with Ms. Miteff the day after Mr. Johnson talked to her on the telephone, and saw a vacant efficiency apartment. According to Mr. Johnson, Ms. Miteff told him, after seeing him, that there were no vacancies. Ayesha Azara, Mr. Johnson's wife, testified that she made another unsuccessful attempt to rent a unit in Riviera Terrace in May 2009. She had no information in March 2008, except to say tht Ms. Miteff claimed to be the manager and told her the building was for elderly people. Pedro Valdes testified that he lives in Riviera Towers and gave his address as 6896 Abbott Avenue. He said that the "For Rent" sign for Riviera Terrace is not always posted in front of the complex. Mr. Markowitz is the owner of Riviera Terrace at 6890 Abbott Avenue. He testified that he is also the manager and that Ms. Miteff is a tenant. He uses her telephone number on the "For Rent" sign because he does not speak Spanish. The apartments are government-subsidized Section 8 housing. The only vacant efficiency in March 2008 was a unit for which he already had a written lease, but the tenant could not move in until after a government-required inspection. He also testified that his tenants are not all Caucasians and not all elderly. Ms. Miteff confirmed that she has been a resident of Riviera Terrace for 20 years. She concedes that she told Mr. Johnson's wife that the people in the complex are very quiet and mostly old people. Mr. Johnson's claim of discrimination based on race is not supported by the evidence, which is contradictory with regard to the name and address of the property, and because there were no vacant apartments at Riviera Terrace in March 2008.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Petition for Relief be dismissed. DONE AND ENTERED this 15th day of October, 2009, 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 15th day of October, 2009. 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 Louis A. Supraski, Esquire Louis A. Supraski, P.A. 2450 Northeast Miami Gardens Drive 2nd Floor North Miami Beach, Florida 33180 Miguel Johnson 916 West 42nd Street, Apt. 9 Miami Beach, Florida 33140 Miguel Johnson C/O Robert Fox 1172 South Dixie Highway Coral Gables, Florida 33146 Diana Mittles Riviera Terrace Apartments 6896 Abott Avenue Miami Beach, Florida 33141
The Issue The issue in this case is whether Respondent, Community Housing Initiative, Inc. (Respondent), committed a discriminatory housing practice against Petitioner, Karen Lee Krason (Petitioner), in violation of Chapter 760, Florida Statutes (2008).
Findings Of Fact On or about June 11, 2009, Petitioner filed a Housing Discrimination Complaint with the Commission. Pursuant to the Commission's procedure, an investigation of the matter was completed that resulted in a Notice of Determination of No Cause. Essentially, the Commission found that based upon the allegations raised by Petitioner there was no cause from which it could be found that Respondent had violated the Florida Fair Housing Act. Thereafter, Petitioner elected to file a Petition for Relief to challenge the determination and to seek relief against Respondent for the alleged violation. The Commission then forwarded the matter to DOAH for formal proceedings. DOAH issued a Notice of Hearing that was provided to all parties at their addresses of record. The postal service did not return the notices as undelivered. It is presumed the parties received notice of the hearing date, time, and location. Petitioner did not appear at the hearing.
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 dismissing Petitioner's claim of discrimination. DONE AND ENTERED this 4th day of February, 2010, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 February, 2010. COPIES FURNISHED: Karen Lee Krason 1715 Erin Court Northeast Palm Bay, Florida 32905 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 COPIES FURNISHED BY CERTIFIED MAIL Nicole Tenpenny, Registered Agent Community Housing Initiative, Inc. 3033 College Wood Drive Melbourne, Florida 32941 (Certified No. 91 7108 2133 3935 7995 3000) Nicole Tenpenny, Registered Agent Community Housing Initiative, Inc. Post Office Box 410522 Melbourne, Florida 32941-0522 (Certified No. 91 7108 2133 3935 7995 2997) Michael Rogers, Officer/Director Community Housing Initiative, Inc. 1890 Palm Bay Road, Northeast Palm Bay, Florida 32905 (Certified No. 91 7108 2133 3935 7995 2980)
The Issue The issue is whether Respondent is guilty of housing discrimination against Respondent based on her race and disabilities, in violation of the Florida Fair Housing Act, Sections 760.20-760.37, Florida Statutes.
Findings Of Fact Petitioner is African-American, although the record fails to disclose any physical or mental disability. Due to her pending eviction at an apartment complex known as the Tennis Club in Fort Lauderdale, Petitioner visited the Venice Cove apartment complex, also in Fort Lauderdale, in the summer of 2002. Deciding that she liked Venice Cove, Petitioner applied for a one bedroom apartment on September 16, 2002. In accordance with its customary practice, Respondent obtained a credit report and learned that Petitioner owed a utility payment, possibly a cable television box. Respondent advised Petitioner that she would have to satisfy this debt to rent an apartment, and Petitioner did so. At some point, Petitioner decided that she wanted a two bedroom/two bathroom apartment, and Respondent tentatively assigned her a unit of this type, pending final approval of her application to lease. Petitioner changed her preferences for type of apartment several times. Respondent was able to accommodate immediately all but one of these preferences. In early December, Petitioner mentioned to Respondent's representative that she was being evicted from the Tennis Club. This is the first time that Petitioner disclosed any eviction to Respondent. Examining the file, Respondent's representative realized that she had failed to order the more thorough credit report that Respondent had been using since November 2002. This report would reveal evictions, among other things. Respondent's representative ordered the more thorough credit report, which revealed that Respondent had been evicted three times. Respondent's policy precluded renting to a person with this rental history, and Respondent's representative promptly informed Petitioner that she was denying Petitioner's application. There is no evidence whatsoever that Respondent denied Petitioner's application on the basis of Petitioner's race or any disability from which she may suffer.
Recommendation It is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing Petitioner's Housing Discrimination Complaint. DONE AND ENTERED this 29th day of October, 2004, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 2004. COPIES FURNISHED: Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Elvira Williams 1515 Northwest 2nd Avenue Fort Lauderdale, Florida 33311 Kristine A. Sawyers Law Offices of Lowenhaupt & Sawyers 7765 Southwest 87th Avenue Suite 201 Miami, Florida 33173
The Issue Whether Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with his dwelling based on his handicap, and whether Respondent refused to make reasonable accommodations in its rules, policies, practices, or services necessary to afford Petitioner equal opportunity to use and enjoy a dwelling in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioner is a homeowner in the Royal Highlands community in Leesburg, Florida, and has been a member of the RHPOA since moving into his home in April 2001.1/ From September 2010, through February 2011, Petitioner served on the RHPOA Board of Directors. Respondent is a property owners? association, membership in which is limited to property owners in the Royal Highlands residential community in Leesburg, Florida. There are 1,499 homes in the Royal Highlands community. The community is divided into twelve “districts.” Respondent?s Board of Directors (Board) consists of one representative from each of the twelve districts. Meetings of the Board are held monthly, except for August when community activities are typically sparsely attended. Leland Management is a community association management company that provides management services to the RHPOA along with other community associations. Petitioner alleged that he suffers from a disability because he walks with the use of a cane, and that his ability to speak is impaired as a lingering effect of a 2004 neck surgery that involved insertion of an endotracheal tube during and immediately after the procedure. During the month of February 2011, Petitioner was running for reelection to the RHPOA Board of Directors. On the day of the election, and prior to the vote of the membership, Petitioner appeared at the RHPOA meeting to make a final statement and thank his supporters. He walked to the front of the community meeting room, known as the Great Hall, but did not want to take the steps up to the elevated stage for fear that he might lose his balance and fall off. Petitioner was given a microphone and he thanked his supporters from the base of the stage. Afterwards, he walked back to his seat. Petitioner was not reelected to the Board, but continued to attend meetings as a member of the RHPOA. A monthly meeting of the RHPOA was held on July 13, 2011. The agenda included four items, including an item that would authorize the Board of Directors to retain legal counsel in the event a threatened lawsuit was filed against Bob Fitzpatrick, who was then the president of the RHPOA. The nature of the potential lawsuit was not in evidence, except that it involved a complaint filed with the Lake County Sheriff by Petitioner against Mr. Fitzpatrick. Mr. Fitzpatrick recused himself from the vote, since any legal fees would be expended on his behalf as president. John Banahan, then the vice-president of the RHPOA, acted as chair during the consideration and vote on the agenda item. The RHPOA allows members to speak regarding any issue on the agenda. Members must sign a “Sign-Up Sheet to Speak to Agenda Item” for each item on which they wish to be heard. Members are allowed three minutes to speak on each issue for which they have signed up. The minutes regarding a particular agenda item typically reflect only whether a motion was made, who seconded the motion, who voted, and the results of the vote. When there is a significant amount of discussion, the minutes may, as did the minutes for the legal counsel agenda item of the July 13, 2011 meeting, include something no more detailed than “[m]uch discussion, residents and Board Members.” Neither the comments of property owners nor the discussions of the Board members as to an agenda item are recorded in the minutes of meetings of the RHPOA. When Petitioner was on the Board, he would routinely take notes at meetings, and then destroy the notes after the meeting was concluded. That was consistent with the practice described by other testifying members of the Board. Petitioner attended the July 13, 2011 meeting of the RHPOA with his wife. He entered the meeting room on his own power and without difficulty, though he used a cane, signed up at the door to speak on the agenda item regarding the Board?s proposal to retain legal counsel, and took a seat at one of the tables. Petitioner made no request for assistance of any kind at the time he signed up to speak. Stacey Peach attended the July 13, 2012 meeting as a representative of Leland Management. Ms. Peach periodically attends meetings of the various associations served by Leland Management. Her attendance at the July 13, 2012 RHPOA meeting was coincidental. Ms. Peach was seated at a table in front of Petitioner. When it was his turn to speak on the legal counsel agenda item, Petitioner was recognized by Mr. Banahan. Petitioner announced, without assistance of a microphone, that he could not go to the podium. Mr. Banahan noted “confusion” in the audience, but did not realize what was going on with regard to Petitioner?s request to speak on the agenda item, though he understood that Petitioner was unable to come to the podium at the front of the room. Mr. Banahan testified convincingly that he had no problem with Petitioner speaking from his seat. He was aware of at least two other instances in which a microphone was taken to an attendee of a Board meeting so as to allow them to speak while seated, one of which occurred when he was a member of the Board. Ms. Peach heard Petitioner state that he was not able to go to the podium to offer his comments. She thereupon got a portable microphone and handed it to Petitioner. Petitioner asked Ms. Peach if she would speak on his behalf. Petitioner had not spoken with Ms. Peach earlier, and his request caught her off guard. Not knowing what Petitioner wanted her to say, she declined to speak for him. Her refusal was based on surprise and uncertainty, and not on any discriminatory motive. After Ms. Peach declined to speak on Petitioner?s behalf, Petitioner took the microphone provided to him, and offered his comments on the agenda item from his seat. Petitioner testified that as long as the microphone was working, he saw no reason why he would not have been heard. Except for Ms. Hoffman, whose testimony is discussed below, the witnesses who were asked indicated they had no problem hearing what Petitioner had to say, though none could remember the substance. Petitioner testified that he made a specific request of Mr. Banahan to allow someone to speak on his behalf, and that Mr. Banahan refused the request. Petitioner?s testimony was contradicted by Ms. Peach, who was directly involved in the incident; Mr. Norden, who was seated next to Petitioner; Mr. Reichel, who attended the meeting as a Board member; and Mr. Banahan. The greater weight of the evidence establishes that no request for another person to speak on Petitioner?s behalf was made to any member of the Board, and that the only such request was made, without prior notice, to Ms. Peach. Petitioner?s claim that his request was denied by Mr. Banahan was supported only by the testimony of Ms. Hoffman. However, Ms. Hoffman?s testimony was undermined by the fact that her overall account of the incident differed in several significant and material respects from the testimony of other witnesses, including that of Petitioner. For example, Ms. Hoffman indicated that Ms. Peach was not asked to speak for Petitioner, that Petitioner asked someone seated next to him to speak, that Petitioner had difficulty reading his notes, that Petitioner was unable to complete his comments, and that Petitioner?s speech was, at best, marginal. Whether Ms. Hoffman?s description of events was the result of a poor vantage point or of poor memory, it is not credited. Mr. Banahan testified that if Petitioner had been unable to speak, he would have allowed someone to read a statement on his behalf.2/ However, Mr. Banahan testified that he was not asked to make such an accommodation, and that Petitioner was able to comment on the agenda item from his seat. Mr. Banahan?s testimony is credible and is accepted. Mr. Banahan testified that he has known Petitioner from his service as a member of the Board and never perceived him as having a handicap. Mr. Banahan knew that Petitioner walked with a cane. However, Mr. Banahan?s wife walks with a cane and he does not consider her to have a handicap. Petitioner provided Respondent with no medical records, letters from his physicians, or competent evidence of any kind to establish that he had a disability or that he required an accommodation in order to participate in the July 13, 2011 meeting, nor did he produce any such evidence at the hearing. At the hearing, based upon the undersigned's observation, Petitioner had little or no difficulty walking or speaking. Petitioner failed to prove that he has a physical impairment that substantially limits one or more major life activities, or that he was regarded by any director or member of the RHPOA as having any such physical impairment. To the contrary, the greater weight of the evidence demonstrates that Petitioner does not suffer from a handicap as defined in the Fair Housing Act. Ultimate Findings of Fact There was no competent, substantial evidence adduced at the hearing that Petitioner suffered from a handicap that hindered his ability to actively participate in the July 13, 2011 RHPOA meeting. There was no competent, substantial evidence adduced at the hearing that Respondent knew of any alleged handicap or regarded Petitioner as being handicapped. There was no competent, substantial evidence adduced at the hearing that Respondent failed to reasonably accommodate Petitioner when he asserted that he would not be able to walk to the podium. The evidence adduced at the hearing established that Petitioner made no direct request to any member of the RHPOA Board of Directors to allow someone to speak on his behalf. The evidence adduced at the hearing established that Petitioner was able to clearly state his comments on the legal representation agenda item by using the portable microphone provided to him by Ms. Peach. The evidence did not establish that Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with his dwelling based on his handicap, or that Respondent refused to make reasonable accommodations in its rules, policies, practices or services necessary to afford Petitioner equal opportunity to use and enjoy his dwelling.
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. 2012H0158. DONE AND ENTERED this 18th day of October, 2012, in Tallahassee, Leon County, Florida. S E. GARY EARLY 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 18th day of October, 2012.
