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 The issues in this case are, one, whether Respondent unlawfully discriminated against Petitioner on the basis of his national origin, religion, or handicap in violation of the Florida Fair Housing Act; and, two, whether Respondent subjected Petitioner to acts of intimidation, coercion, or retaliation as a result of Petitioner's exercise, or attempted exercise, of a protected housing right.
Findings Of Fact Petitioner William Kleinschmidt ("Kleinschmidt") owns a unit in the Three Horizons North Condominium. He purchased his condominium in 1999 and has resided there continuously since that time. Respondent Three Horizons North Condominiums, Inc. ("Three Horizons"), manages the property of which Kleinschmidt's condominium is a part. Kleinschmidt and Three Horizons have been involved in a long-standing feud stemming from Kleinschmidt's possession of cats in violation of the condominium's "no pets" policy. Three Horizons has tried since 1999 to compel Kleinschmidt's compliance with the "no pets" policy. The dispute over Kleinschmidt's cats came to a head last year, when a formal administrative hearing was held on Kleinschmidt's first housing discrimination complaint against Respondent. See Kleinschmidt v. Three Horizons Condominium, Inc., 2005 Fla. Div. Adm. Hear. LEXIS 883, DOAH Case No. 04-3873 (May 25, 2005), adopted in toto, FCHR Order No. 05-097 (Fla.Com'n Hum.Rel. Aug. 23, 2005)(Kleinschmidt I). Among other allegations, Petitioner charged in Kleinschmidt I that Three Horizons had unlawfully refused to waive the "no pets" policy to permit his possession of "service animals" (i.e. cats) as an accommodation of his emotional handicap. Kleinschmidt lost that case. Kleinschmidt presently alleges that Three Horizons has discriminated against him on the basis of handicap, national origin, and religion. The undersigned has had some difficulty making sense of Kleinschmidt's allegations. As far as the undersigned can tell, Kleinschmidt alleges that: (1) members of the condominium association's board of directors (and especially the board's treasurer, Ruth Pearson, whose German ancestry Kleinschmidt assumes makes her a Nazi sympathizer hostile to Jewish persons such as himself) have made disparaging comments about him; (2) when he applied to purchase his condominium back in 1999, Three Horizons charged him a $100 screening fee, which should have been only $75; (3) Three Horizon's agents illegally broke into his unit on September 21, 2000, and again on September 21, 2001, stealing personal property each time; (4) before he purchased his unit, Three Horizons agreed to waive the "no pets" policy, which agreement Respondent now refuses to honor; and (5) Three Horizons has engaged in ongoing (but unspecified) acts of intimidation, coercion, and retaliation. 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 could possibly be made. Ultimately, therefore, it is determined that Three Horizons 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 Three Horizons not liable for housing discrimination and awarding Kleinschmidt no relief. DONE AND ENTERED this 21st day of November, 2006, 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 21st day of November, 2006.
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 committed a discriminatory housing practice against Petitioner on the basis of a handicap.
Findings Of Fact Petitioner formerly resided in Montrose Apartments at 563 West Montrose Street, Apartment 18, Clermont, Florida. Petitioner alleges that he is a handicapped/disabled person by virtue of a mental disability, who was "illegally" evicted from Montrose Apartments because of his handicap/disability. At all times relevant to this proceeding Francisco Guzman, Jr., owned and managed Montrose Apartments. Mr. Guzman was unaware of Petitioner's alleged handicap/disability. At no time during Petitioner's tenancy at Montrose Apartments did Petitioner notify management of the apartment complex that he had a handicap/disability. Furthermore, Petitioner never provided management with documentation verifying that he had a handicap/disability. Petitioner alleged that in early 2009, he requested that Respondent make plumbing repairs in his apartment unit and that Respondent refused to comply with those requests. He further alleged that Respondent did not take his maintenance requests seriously and treated other tenants at Montrose Apartments more favorably than he was treated. Petitioner admitted that he did not pay rent for his Montrose Apartment unit in March and April 2009. According to Petitioner, he withheld the rent because Respondent failed to make the requested plumbing repairs. In correspondence from him to a "Ms. Smith," Mr. Guzman indicated that on "Sunday [March] 22, 2009," he had posted a three-day notice on Petitioner's apartment, because he had not paid his March 2009 rent. Also, Mr. Guzman acknowledged that he had not been able to repair Petitioner's bathroom sink because he had been unable to gain access to Petitioner's apartment. Finally, Mr. Guzman indicated that he believed Petitioner was "avoiding [him] since he is unable to pay the rent." Petitioner did not pay rent for his Montrose Apartment unit in March and April 2009, even after Respondent notified him several times that the rent was past due and should be paid. Respondent began eviction proceedings against Petitioner in or about late April or early May 2009, by filing a Complaint for Eviction ("Eviction Complaint") with the County Court of Lake County, Florida. The Eviction Complaint was assigned Case No. 2009-CC001534. Respondent filed the Eviction Complaint against Petitioner after, and because, he did not pay the March and April 2009 rent for his Montrose Apartment unit. On May 5, 2009, a Final Judgment for Possession and Writ of Possession were entered against Petitioner. The Writ of Possession was served on Petitioner and enforced. On or about May 8, 2009, the apartment unit previously rented to Petitioner was turned over to Mr. Guzman. Petitioner alleges and asserts that: (1) he is disabled/handicapped due to a mental disability; (2) he was evicted because of his handicap/disability; and (3) Respondent knew Petitioner was handicapped/disabled. Nevertheless, Petitioner presented no competent evidence to support his claim.
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 Luis Bermudez' Complaint and Petition for Relief. DONE AND ENTERED this 26th day of February, 2010, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 26th day of February, 2010.
The Issue Whether Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with her dwelling based on her race or handicap, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioner is a 51-year-old black female who relocated to Leesburg, Florida, from Port Chester, New York, in February 2012. Respondent, Richman Property Services, Inc., is the corporate owner/manager of Laurel Oaks Apartments (Laurel Oaks) located at 131 Bayou Circle in Leesburg, Florida. Amy Lewis is the Community Manager of Laurel Oaks. Petitioner rented a two-bedroom apartment unit from Respondent from February 24, 2012, until she moved to Orlando, Florida, on December 3, 2012. Petitioner?s daughter, Sushon Dillard, occupied the apartment with Petitioner during her tenancy at Laurel Oaks. Petitioner spoke with Ms. Lewis via telephone to inquire regarding the availability of a unit at Laurel Oaks while Petitioner was still residing out of state. Petitioner applied for tenancy at Laurel Oaks by faxing her application to Ms. Lewis. Petitioner?s application was accompanied by a copy of her award letter documenting Social Security Disability Insurance (SSDI) payments as proof of income. On February 24, 2012, Petitioner signed a lease for Laurel Oaks unit #103, paid a security deposit, and moved into the unit. Petitioner has a current clinical diagnosis of “schizophrenia, paranoid.” She also claims to be diagnosed bi- polar with Tourrete?s Syndrome. While Petitioner presented no documentation of the additional diagnosis, her testimony on this issue is credible and is accepted by the undersigned. Petitioner was first hospitalized for treatment of an unspecified mental illness at Bellevue Hospital in New York in 1982. She apparently lived without significant incident for the next 26 years. Petitioner had a “breakdown” in 2008, while living in Arizona, and another “breakdown” that same year in New York, for which she was hospitalized at Greenwich Hospital in Connecticut, and later transferred to Stamford Hospital in Connecticut. Petitioner reports that since April 2008, she has “spent time in numerous mental institutions in Arizona, Florida, Georgia, Maryland and New York.” Petitioner?s most recent incident occurred in August 2012, while she was living at Laurel Oaks. She was taken by police to a local facility named “Life Stream” where she was treated for a number of days, then returned home to her apartment at Laurel Oaks with her daughter. Petitioner appeared calm and controlled at the final hearing. She testified that she is taking her medications and doing very well. Petitioner claims that when she moved into the unit at Laurel Oaks, it was not cleaned, was “infested with dead roaches,” and the washing machine was filthy. Petitioner?s daughter testified there were dead roaches even in the dishwasher. Petitioner also bases her allegation of discrimination on Respondent?s accusation in April 2012, that Petitioner had not paid a $300 security deposit prior to occupying her apartment. When Petitioner paid her April rent, Trifonia Bradley, an employee in the office at Laurel Oaks, informed Petitioner she still owed a $300 security deposit. Petitioner responded that she had paid the deposit on February 24, 2012. Although the evidence was not clear as to the specific date, Petitioner later met with Ms. Bradley and brought in her receipt showing the $300 had been paid in February. After that meeting, Petitioner received a phone call from Ms. Lewis apologizing for the error and stating something to the effect of “we are all good.” Petitioner believes Respondent was attempting to take advantage of her disability and trick her into paying the deposit again. At final hearing, Petitioner and her daughter presented evidence and testimony regarding additional alleged discriminatory acts by Respondent. Petitioner alleged that someone employed by, or otherwise acting on behalf of Respondent, sabotaged her automobile; harassed her by requesting her daughter fill out a separate rental application in order to live with her; harassed Petitioner about her request for accommodation based on her disability and claimed she had not demonstrated that she was disabled under the Americans with Disabilities Act; threatened to tow away her car because it was inoperable; and stole money from her apartment. Each of these additional alleged acts occurred after September 21, 2012, the date on which FCHR issued its determination of no cause, and was not investigated by FCHR. Petitioner is intelligent and articulate. Her exhibits were well-organized and contained copious documentation of the alleged discriminatory acts occurring after September 21, 2012. Her documentation included correspondence with Laurel Oaks? management, notices which were posted on the apartment door, copies of numerous forms and applications, and a police report. In contrast, Petitioner offered no tangible evidence regarding the condition of the property upon occupancy other than her testimony, which was not persuasive. She introduced no photographs, no written complaint, and no correspondence with the manager or other employees of Laurel Oaks regarding the condition of the apartment. In fact, she offered no evidence that she brought the condition of the unit to the attention of Laurel Oaks? management. Given the totality of the evidence, including the demeanor of the Petitioner and Ms. Dillard, the undersigned finds that either the unit was not unclean or Petitioner did not bring the condition of the unit to the attention of Laurel Oaks upon occupying the unit. Further, the undersigned finds that Laurel Oaks erroneously requested the security deposit in April 2012, and corrected the error after reviewing Petitioner?s documentation. The mistake was not an act of discrimination based either on race or disability.2/
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. 2012H0289. DONE AND ENTERED this 27th day of December, 2012, 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 27th day of December, 2012.
The Issue The issue in this proceeding is whether Respondents committed discriminatory housing practices against Petitioners based on their familial status.
Findings Of Fact The Petitioners appeared but presented no evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 3rd day of October, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 3rd day of October, 2008.
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner because of handicap in violation of the Florida Fair Housing Act.
Findings Of Fact At all relevant times, Petitioner Shelley M. Wright ("Wright") was a graduate student at Florida International University ("FIU") in Miami, Florida. Wright has a physical disability that affects her mobility, and, as a result, she uses a wheelchair or scooter to get around. There is no dispute that Wright falls within a class of persons protected against discrimination under the Florida Fair Housing Act ("FFHA"). Respondent Servitas Management Group, LLC ("SMG"), manages Bayview Student Living ("Bayview"), a privately owned student housing community located on FIU's campus. Bayview's owner, NCCD — Biscayne Properties, LLC, leases (from FIU) the real estate on which the project is situated. Bayview is a recently built apartment complex, which first opened its doors to students for the 2016-2017 school year. On November 20, 2015, Wright submitted a rental application for a single occupancy efficiency apartment in Bayview, fitted out for residents with disabilities. She was charged an application fee of $100.00, as were all applicants, plus a "convenience fee" of $6.45. Much later, Wright would request that SMG refund the application fee, and SMG would deny her request, although it would give her a credit of $6.45 to erase the convenience fee on the grounds that it had been charged in error. Wright complains that this transaction was tainted with unlawful discrimination, but there is no evidence of such, and thus the fees will not be discussed further. Wright's application was approved, and, accordingly, she soon executed a Student Housing Lease Contract ("First Lease") for a term commencing on August 20, 2016, and ending on July 31, 2017. The First Lease stated that her rent would be $1,153.00 per month, and that the total rent for the lease term would be $12,683.00. Because Wright was one of the first students to sign a lease, she won some incentives, namely $500.00 in Visa gift cards and an iPad Pro. The First Lease provided that she would receive a $200.00 gift card upon lease execution and the balance of $300.00 upon moving in. As it happened, Wright did not receive the gift cards in two installments, but instead accepted five cards worth $500.00, in the aggregate, on August 20, 2016. There were two reasons for this. One was that SMG required lease holders to appear in-person to take possession of the gift cards and sign a receipt acknowledging delivery. Wright was unable (or unwilling) to travel to SMG's office until she moved to Miami in August 2016 to attend FIU. The other was that SMG decided not to use gift cards as the means of paying this particular incentive after integrating its rent collection operation with FIU's student accounts. Instead, SMG would issue a credit to the lease holders' student accounts in the amount of $500.00. Wright, however, insisted upon the gift cards, and so she was given them rather than the $500.00 credit. Wright has alleged that the untimely (or inconvenient) delivery of the gift cards constituted unlawful discrimination, but the evidence fails to sustain the allegation, which merits no further discussion. In May 2016, SMG asked Wright (and all other Bayview lease holders) to sign an amended lease. The revised lease made several changes that SMG called "improvements," most of which stemmed from SMG's entering into a closer working relationship with FIU. (One such change was the aforementioned substitution of a $500.00 credit for gift cards.) The amended lease, however, specified that Wright's total rent for the term would be $13,836.00——an increase of $1,153.00 over the amount stated in the First Lease. The explanation was that, in the First Lease, the total rent had been calculated by multiplying the monthly installment ($1,153.00) by 11, which did not account for the 12 days in August 2016 included in the lease term. SMG claimed that the intent all along had been to charge 12 monthly installments of $1,153.00 without proration (even though the tenant would not have possession of the premises for a full 12 months) and thus that the First Lease had erroneously shown the total rent as $12,683.00. As SMG saw it, the revised lease simply fixed this mistake. Wright executed the amended lease on or about May 10, 2016 (the "Second Lease"). Wright alleges that this rent "increase" was the product of unlawful discrimination, retaliation, or both. There is, however, no persuasive evidence supporting this allegation. The same rental amount was charged to all occupants of the efficiency apartments, regardless of their disabilities or lack thereof, and each of them signed the same amended lease document that Wright executed. To be sure, Wright had reason to be upset about SMG's revision of the total rent amount, which was not an improvement from her standpoint, and perhaps she had (or has) legal or equitable remedies available for breach of lease. But this administrative proceeding is not the forum for redressing such wrongs (if any). Relatedly, some tenants received a rent reduction through the amended leases SMG presented in May 2016, because the rates were reduced therein for two- and four-bedroom apartments. As was made clear at the time, however, rates were not reduced on the one-bedroom studios due to their popularity. Wright alleges that she subsequently requested an "accommodation" in the form of a rent reduction, which she argues was necessary because she leased a more expensive studio apartment, not by choice, but of necessity (since only the one- bedroom unit met her needs in light of her disabilities). This claim fails because allowing Wright to pay less for her apartment than every other tenant is charged for the same type of apartment would amount to preferential treatment, which the law does not require. Wright makes two claims of alleged discrimination that, unlike her other charges, are facially plausible. She asserts that the handicapped parking spaces at Bayview are unreasonably far away for her, given her limited mobility. She further asserts that the main entrance doors (and others in the building) do not afford two-way automatic entry, and that as a result, she has difficulty exiting through these doors. The undersigned believes it is possible, even likely, that the refusal to offer Wright a reasonable and necessary accommodation with regard to the alleged parking situation, her problems with ingress and egress, or both, if properly requested, might afford grounds for relief under the FFHA. The shortcoming in Wright's current case is the absence of persuasive proof that she ever presented an actual request for such an accommodation, explaining the necessity thereof, for SMG's consideration. There is evidence suggesting that Wright complained about the parking and the doors, perhaps even to SMG employees, but a gripe, without more, is not equivalent to a request for reasonable accommodation. Determinations of Ultimate Fact There is no persuasive evidence that any of SMG's decisions concerning, or actions affecting, Wright, directly or indirectly, were motivated in any way by discriminatory animus directed toward Wright. There is no persuasive evidence that SMG denied a request of Wright's for a reasonable accommodation at Bayview. In sum, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that SMG 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 SMG not liable for housing discrimination and awarding Wright no relief. DONE AND ENTERED this 27th day of September, 2017, 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 27th day of September, 2017.
The Issue The issue in this case is whether Respondent, Monroe County Housing Authority, unlawfully discriminated against Petitioner, Diane Scott, on the basis of her race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Diane Scott is a black women. Her husband, Kenneth Scott, who lives with her, is a black man. Respondent Monroe County Housing Authority (hereinafter referred to as the "Housing Authority") is responsible for providing low income and affordable rental apartments in Monroe County, Florida (hereinafter referred to as the “County”), a political subdivision of the State of Florida. The Housing Authority is responsible for the Section 8 Housing Choice Voucher Program. Ms. Scott and her husband (hereinafter referred jointly as the “Scotts”), are former residents of apartment number 23 (hereinafter referred to as the “Apartment”), Tropical Isle Apartments, one of the Housing Authority’s housing developments, located at 260 41st Street, Marathon, Florida. The Scotts rented the Apartment pursuant to an Affordable Housing Residential Lease Agreement entered into on March 1, 2007 (hereinafter referred to as the “Lease”). The Lease provided for a one-year rental period. As the Scotts readily admitted at hearing, Ms. Scott has raised numerous complaints with the Housing Authority concerning matters ranging from drug sales and use at Tropical Isle Apartments, which door maintenance personnel should utilize to enter the Apartment, and, most recently, the employment of an individual with a criminal record at Tropical Isle Apartments. Ms. Scott’s complaints, which were made in person, by telephone, and by email, were numerous and extremely time-consuming to deal with by personnel of the Housing Authority. Efforts to respond to Ms. Scott’s complaints more often than not did not satisfy her. By letter dated January 23, 2008 (hereinafter referred to as the “Notice of Violation”), the Scotts were informed that Ms. Scott’s conduct constituted a violation of the Lease and that if it continued, could result in termination of the Lease (why the letter was signed by Charla Rodriguez, Director of Operations, The Housing Authority of the City of Key West, Florida, was not explained at hearing). Jesus Manuel Castillo, Sr., Executive Director of the Housing Authority, met with the Scotts on February 28, 2008, to discuss the Notice of Violation and determined that the Notice had been properly issued. Ms. Scott’s behavior did not improve. Consequently, by letter dated October 30, 2008, Susan E. Vogt, Housing Manager for Tropical Isle Apartments, informed the Scotts that their Lease would not be renewed and that, therefore, their Lease would expire effective January 12, 2009. Ms. Vogt’s more than four-page letter described in some detail the events which had led to the decision to not renew the Scotts’ Lease. The decision to not renew the Scotts’ Lease was made by Mr. Castillo, Sr. Mr. Castillo had met with Ms. Scott on more than one occasion and had been the recipient of her emails and telephone calls and was well aware of the time and effort staff had to expend dealing with Ms. Scott’s complaints. Mr. Castillo, on behalf of the Housing Authority, decided to not renew the Scotts’ lease, rather than evicting them so that the Scotts would be able to continue to receive a Section 8 voucher. 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. Even the Scotts admitted at hearing that their lease was not renewed primarily because of Ms. Scott’s continuous complaints, adding that they “believed it was also because of their race.” Even Ms. Scott’s Proposed Recommended Order fails to mention how her race played any part in her treatment by the Housing Authority. Ultimately it is determined that the Housing Authority did not commit any prohibited act vis-à-vis Ms. Scott.
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 the Monroe County Housing Authority not liable for housing discrimination and awarding Ms. Scott no relief. DONE AND ENTERED this 14th day of July, 2009, in Tallahassee, Leon County, Florida. LARRY J. SARTIN 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 14th day of July, 2009. COPIES FURNISHED: J. Manuel Castillo, Sr. Monroe County Housing Authority 1400 Kennedy Drive Key West, Florida 33040 Diane Scott Post Office Box 501586 Marathon, Florida 33050 Franklin D. Greenman, Esquire Greenman, Manz & Ables Gulfside Village, Suite 40 5800 Overseas Highway Marathon, Florida 33050 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 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 Whether Respondents Orion Real Estate Services (Orion) and the Housing Authority of the City of Winter Park (Housing Authority) subjected Petitioner April Williams to discriminatory housing practices based on her race (African American, non-Hispanic), in violation of the Florida Fair Housing Act, chapter 760, part II, Florida Statutes (2019) (FHA).1
Findings Of Fact Ms. Williams, an African American female, lives in an apartment in the Meadows, a low-income housing complex located in Winter Park, Florida. The Housing Authority is a governmental entity that provides low- income housing through federal funds provided by the United States Department of Housing and Urban Development. It contracts with outside companies to manage the properties it owns. The Housing Authority owns the Meadows. Orion is a real estate services company that manages residential properties for landlords and investors. At the time relevant to these proceedings, Orion managed the Meadows for the Housing Authority. Ms. Williams had to climb up a stairwell to reach her unit. Her apartment was located above one unit and next to another. She shared a front porch with her next-door neighbor. The Meadows housed 300 residents during the relevant time period. Of those residents, 264 identified themselves as "Black" and 280 identified themselves as "Ethnic." There was no testimony or evidence as to how many identified as Hispanic. The Housing Authority claims it took no action against Ms. Williams, and therefore cannot be liable for discrimination. The Community Manager for the Meadows, LiMarys Rivera, testified she was an employee of Orion. However, she issued documentation on letterhead titled "The Housing Authority of the City of Winter Park." Ms. Rivera's signature line states that her title is "Property Manager Agent for the Winter Park Housing Authority." As such, the undersigned finds Ms. Rivera was a dual agent for both Orion and the Housing Authority. Ms. Rivera testified that once she received a complaint against a tenant, regardless of who made the complaint, it was standard procedure to first reach out to the alleged violator by telephone as a courtesy, and then if there was a subsequent complaint to send out a written "Notice to Cure" or "Notice of Material Non-Compliance with Opportunity to Cure and Proposed Adverse Action" (non-compliance notice) to that tenant. Respondents provided numerous non-compliance notices to tenants regarding various types of complaints. Ms. Rivera testified these non- compliance notices were issued to tenants of all races, and both Hispanic and non-Hispanic tenants. Over the course of a year to 18 months, Ms. Williams had made somewhere between 20 and 29 complaints against her next-door neighbor and her downstairs neighbor. Ms. Williams described both of these neighbors as Hispanic. Ms. Williams complained that her next-door neighbor was noisy and would smoke (and allow guests to smoke) on the front porch even though her building was designated as a non-smoking area. Ms. Williams also complained that the downstairs neighbor left items on the stairwell causing a hazard. These items included pizza boxes, shoes, rugs, and bags of trash. As a result of these complaints, both of Ms. Williams's neighbors were issued non-compliance notices. The downstairs neighbor received a non- compliance notice for leaving pizza boxes, trash, and the other objects outside her front door. Similarly, the next-door neighbor received a non-compliance notice for smoking in her apartment and common areas. Additionally, Respondents issued community flyers to all the tenants in the Meadows reminding them of basic rules, including not smoking, not leaving trash and debris outside, and keeping front porches clean. Ms. Williams also complained to Respondents that workmen who were performing maintenance in her unit were speaking Spanish. She requested that Respondents provide workmen that speak only English while on the Meadows property. At some point, Ms. Williams's neighbors made noise complaints against her. Respondents did not initially issue a non-compliance notice to Ms. Williams because she and her neighbors had numerous complaints against each other. Instead, Ms. Rivera attempted to hold a conciliation or mediation meeting with all of them. Ms. Williams refused. She did not see the point of the meeting, and believed Ms. Rivera would take the neighbors' side because Ms. Rivera, like the neighbors, was Hispanic. After Ms. Williams refused to meet, Respondents issued her a non- compliance notice for excessive noise. There was no evidence that she was required to pay any fees or fines as a result of the non-compliance notice against her. Ms. Williams testified she felt Ms. Rivera gave preferential treatment to Hispanics. When asked how they were treated better, Ms. Williams testified that her neighbors were not evicted despite the complaints made against them. Ms. Williams admitted, however, that Respondents did not evict her either.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned hereby RECOMMENDS that the Florida Commission on Human Relations issue a final order dismissing the Petition for Relief filed by April Williams. DONE AND ENTERED this 21st day of August, 2020, in Tallahassee, Leon County, Florida. S HETAL DESAI 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 August, 2020. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Ricardo L. Gilmore, Esquire Saxon, Gilmore, Carraway and Gibbons, P.A. 201 East Kennedy Boulevard, Suite 600 Tampa, Florida 33602 (eServed) Kevin Fulton, Esquire Fulton Strahan Law Group, PLLC 7676 Hillmont Street, Suite 191 Houston, Texas 77040 (eServed) April Williams 746 Margaret Square Winter Park, Florida 32789 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed)
