The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of her national origin or ethnicity in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Fabiola Heiblum ("Heiblum") is a Hispanic woman who, at all times relevant to this action, has owned Unit No. 5C in the Carlton Bay Condominium, which is located in North Miami Beach, Florida. She purchased her unit in 2004 and has resided there continuously since some time in 2005. Respondent Carlton Bay Condominium Association, Inc. ("Association") is the entity responsible for operating and managing the condominium property in which Heiblum's unit is located. In March 2008, the Association's Board of Directors ("Board") approved a special assessment, to be levied against all unit owners, the proceeds of which would be used to pay insurance premiums. Each owner was required to pay his share of the special assessment in full on April 1, 2008, or, alternatively, in three equal monthly installments, due on the first of April, May, and June 2008, respectively. Heiblum's share of this special assessment was $912.81. At or around the same time, the Board also enacted a procedure for collecting assessments, including the special insurance assessment. According to this procedure, owners would have a grace period of 15 days within which to make a required payment. After that period, a delinquent owner would be notified, in writing, that the failure to pay his balance due within 15 days after the date of the notice would result in referral of the matter to an attorney for collection. The attorney, in that event, would file a Claim of Lien and send a demand letter threatening to initiate a foreclosure proceeding if the outstanding balance (together with costs and attorney's fees) was not paid within 30 days after receipt of the demand. This collection procedure applied to all unit owners. Heiblum did not make any payment toward the special assessment on April 1, 2008. She made no payment on May 1, 2008, either. (Heiblum concedes her obligation to pay the special assessment and does not contend that the Association failed to give proper notice regarding her default.) The Association accordingly asked its attorney to file a Claim of Lien against Unit No. 5C and take the legal steps necessary to collect the unpaid debt. By letter dated May 8, 2008, the Association's attorney notified Heiblum that a Claim of Lien against her property had been recorded in the public records; further, demand was made that she pay $1402.81 (the original debt of $912.81 plus costs and attorney's fees) to avoid foreclosure. On or around May 10, 2008, Heiblum gave the Association a check in the amount of $500, which the Association returned, under cover of a letter dated May 16, 2008, because its attorney was now in charge of collecting the overdue debt. Heiblum eventually paid the special assessment in full, together with costs and attorney's fees, thereby obviating the need for a foreclosure suit. Heiblum believes that the Association prosecuted its claims for unpaid special assessments more aggressively against Hispanics such as herself than persons of other national origins or ethnicities, for which owners the Association allegedly showed greater forbearance. Specifically, she believes that the Association did not retain its attorney to undertake collection efforts against non-Hispanic unit owners, sparing them the costs and fees that she was compelled to pay. There is, however, no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that the Association did not commit any prohibited discriminatory act vis-à-vis Heiblum.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Florida Commission on Human Relations enter a final order finding the Association not liable for housing discrimination and awarding Heiblum no relief. DONE AND ENTERED this 27th day of February, 2009, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2009.
The Issue The issue is whether Respondent unlawfully discriminated against Petitioner on the basis of her race in violation of the Florida Fair Housing Act (FFHA).
Findings Of Fact Petitioner is an African-American female. Her Housing Discrimination Complaint alleges that Respondent “charged her $300 more than her White neighbor who has the same disability and the same income”; “she did not have a washer/dryer upon moving into the unit, but her white neighbor had a washer/dryer when she moved in[to] her unit”; “she was required to pay her utilities herself while her white neighbor was given a grant to cover her utilities”; and “she was given a fifteen day notice to vacate on March 9, 2017 that required her to vacate the property by March 31, 2017.” To resolve these allegations, the undersigned has relied on a record that consists only of brief testimony by Petitioner, limited cross-examination by counsel, and documentary evidence submitted by the parties. From November 2014 until she was evicted in March 2017 for non-payment of rent, Petitioner rented a two-bedroom unit owned and managed by Respondent. The property is located at 2418 Santa Barbara Boulevard, Naples, Florida. Petitioner’s final lease agreement was executed on March 1, 2016, on a month-to-month basis, and provided that Respondent could terminate the lease with a 15-day written notice prior to the end of the monthly period. It also provided that the agreement could be terminated for a failure to timely pay the rent. Two-bedroom units are normally shared by two residents, who split the monthly rent. Petitioner has two service animals who reside with her, and she testified that a housemate might not wish to share a unit with two service animals. Accordingly, she agreed to pay $800.00 per month for single occupancy of the unit. The lease agreement required Petitioner to pay her rent the first day of each month. Petitioner testified that she had an oral agreement with management to pay the rent on the third Wednesday of each month, when she received her Social Security disability check. There is no written agreement to confirm this arrangement, and even if an oral modification was agreed to by the parties, Respondent’s accounts receivable ledger reflects that Petitioner frequently did not pay her rent until the end of the month. According to the lease, the monthly rent includes a $75.00 allowance for utilities. Presumably, any charges in excess of that amount are the responsibility of the tenant. Petitioner testified that her next door neighbor is not a member of a protected class and was given more preferential treatment than she was. As an example, Petitioner points out that she paid her own electric bills from November 2014 until February 2016, while her neighbor received a utility subsidy. However, there is no competent evidence in the record to establish what type of arrangement the neighbor had for paying electric bills or whether the neighbor received some type of assistance for this expense. In any event, this allegation is based on events that occurred more than a year before the Complaint was filed and is time-barred. § 760.34(2), Fla. Stat. Petitioner also contends she was charged $300 more per month than her neighbor. Records submitted by Respondent show that the next door neighbor was also in a two-bedroom unit, but was assigned a housemate and paid $495.00 per month during the 12 months preceding the filing of the Complaint. Therefore, both the neighbor and Petitioner were charged the correct amount for their units.2/ Petitioner alleges her next door neighbor’s unit had a washer/dryer when the neighbor moved in, but Petitioner’s unit did not receive these appliances until February 2016. No evidence regarding this issue was presented, and a claim based on acts that occurred more than a year before the Complaint was filed is time-barred. Id. Throughout her tenancy, Petitioner consistently paid her rent late and failed to pay any rent during certain months. As of January 17, 2017, Petitioner was $1,521.00 in arrears on rent. Accordingly, that day, a three-day notice for nonpayment of rent and demand for rent or possession within three days was posted on the premises. On February 22, 2017, a second three-day notice for nonpayment of rent in the amount of $800.00 (presumably based on non-payment of the February rent) and demand for rent or possession within three days was hand-delivered to Petitioner. On March 8, 2017, a 15-day notice of termination of tenancy pursuant to section 83.58, Florida Statutes, was posted at the unit. The notice informed Petitioner that she must vacate the premises by the end of the month. On March 31, 2017, Petitioner vacated the premises, without paying the March rent. Petitioner’s Complaint was filed with FCHR on May 22, 2017. The eviction action was taken only because Petitioner failed to pay the rent, and not because of her race. In her Petition for Relief, Petitioner added an allegation that “FCHR’s Determination: No Cause” was based in part on the erroneous assumption that Respondent does not receive federal housing assistance. Petitioner testified that Respondent receives federal funds and is subject to eviction regulations promulgated by the United States Department of Housing and Urban Development (HUD). She points out that a 30-day eviction notice is required under HUD regulations, but she was only given 15 days’ notice pursuant to state law. Even if this is true, it does not support a charge of discrimination, as the eviction here was based on a non-discriminatory reason, a failure to pay rent, and not because of her race. Finally, Petitioner alleges that Respondent “made housing unavailable to her based on her race,” and that other persons similarly situated to her, but outside her protected class, were treated more favorably. The evidence shows that at least ten other tenants, including white tenants, were evicted for non-payment of rent during the same time period. See Resp. Ex. 14. There is no evidence, direct or indirect, to support a claim of housing discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief, with prejudice. DONE AND ENTERED this 20th day of June, 2018, in Tallahassee, Leon County, Florida. S D. R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of June, 2018.
The Issue Whether 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.
