The Issue Whether Respondents discriminated against Petitioners, Debra Jones and John Frazier, or either of them, on the basis of his or her handicap, violating Subsections 760.23 (1), (2), or (4), Florida Statutes (2008).1 If discriminatory conduct has been proven, whether quantifiable damages, or other allowable remedies, have been proven under Subsection 760.35(3)(b), Florida Statutes.
Findings Of Fact Petitioner, Debra Jones, is a Caucasian female, who claims to be a disabled person under the Florida FHA. Petitioner bases her claim on the fact that she asserts that she has a tumor that causes pinched nerves in her back and lateral scoliosis, which prevents her from working and limits her activities of daily living. Petitioner Jones testified that she has been approved for Supplemental Security Income (SSI). Petitioner offered no medical proof of her alleged disability, or that she was receiving Social Security benefits. At the hearing, it was not apparent that Petitioner Jones was impaired. Petitioner Jones is also the caregiver for Petitioner John Frazier. Petitioner John Frazier is speech impaired and appears to suffer from mild mental retardation. However, Petitioners failed to offer any medical evidence of Frazier’s disability, or that he was receiving Social Security benefits based on his disability, or that his physical impairments substantially limit one or more of his major life activities. Sometime during the early summer of 2007, Petitioners, who were homeless at the time, drove by a home listed as “for rent” at 1018 Canal Drive, Lakeland, Florida. Petitioner Jones approached the house and saw that Respondent Teresa Conboy was working on the repair of the house. Jones asked to see inside the house. Conboy refused, saying that the house was not ready to be shown. Jones returned to her truck and retrieved her and Petitioner Frazier’s income papers and showed them to Conboy. After a quick review, Conboy stated that Petitioners’ combined income was insufficient to rent that house because the monthly rental amount exceeded 30 percent of their combined income. Petitioners departed and took no further action to rent the house on Canal Drive. They did not complete an application or file a complaint with FCHR. Sometime during the late summer (July or August 2007), Petitioners were again looking for rental housing, drove by a house listed as “for rent” at 2440 Idlewild Street, Lakeland, Florida. Petitioner Jones approached a worker doing repairs on the house, who identified himself as Jeremy Fishbeck and asked for the name and telephone number of the contact person for the house. When Jones learned that the house was owned by Respondents, she left the area, made no attempt to contact Respondents and did not attempt to complete a rental application. Petitioners allege that the discriminatory conduct by Respondents dates back to May of 2006 when Petitioners inquired about the availability of renting a house located at 2441 Broadway Street, Lakeland, Florida, owned by Respondents. They were told and observed, that the house was under repair, but that they could submit an application to rent it. They were told that, when the work was completed, they would be contacted. Petitioners inquired regularly with Respondents about the availability of the house, and were told that it was not ready. During this period, Petitioners came to the mistaken belief that Respondents were holding the house for them. They expected that Respondents would rent the house to them when the repairs were complete. Respondents did not share that understanding. At no time did Respondents promise to rent the house to Petitioners. When the house was ready for occupancy in the spring of 2007, Respondents reviewed Petitioners rental application, along with other applications that had been submitted, and decided to rent the house to a different couple. The testimony is credible that, at the time Respondents received the applications for the rental of the house on Broadway Street, they determined that Petitioners total income was not more than $1,100 per month and that the fair rental value for the house was $800 per month. Therefore, the monthly rental amount far exceeded 30 percent of Petitioners’ combined income and that Petitioners did not qualify to rent the house. Further, Respondents were not aware that Petitioner Jones was disabled. They observed that Petitioner Frazier may have had a disability. In either case, the testimony was credible that Petitioners were not denied the opportunity to rent the house on Broadway street based on either of Petitioners’ alleged disabilities. Petitioners offered no evidence to demonstrate that Respondents’ reason for denying their rental application was a pretext for housing discrimination based on their alleged disability. Based on the testimony presented at the hearing, the preponderance of evidence demonstrates that no discriminatory housing practice has occurred. Further, since Petitioners only completed and submitted rental applications to Respondents in April 2006, and May 2007, the alleged discriminatory actions occurred more than 365 days prior to the filing of the Complaint on July 10, 2008. Therefore, the allegations in the Complaint are not timely, and cannot be considered. § 760.34(2), Fla. Stat. Petitioners presented no evidence of quantifiable damages. Their testimony was that they felt humiliation, discomfort and inconvenience because their application was turned down.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order denying the relief sought and dismissing the petition filed in this matter. DONE AND ENTERED this 27th day of March, 2009, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 March, 2009.
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of his national origin or race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Manuel Rodriguez ("Rodriguez") is a middle- aged white man of (in his words) "Spanish and Italian" descent who at all times relevant lived in Vero Beach, Florida. Respondent Indian River County Habitat for Humanity, Inc. ("Habitat"), is a nonprofit charitable corporation that makes interest-free loans to qualified applicants for the purchase of affordable housing, which the buyers, in return, must help build or renovate. In or around December 2018, Rodriguez submitted a "pre- screening" application for a Habitat home. By letter dated January 3, 2019, Habitat informed Rodriguez that, according to the information he had provided, he fell "within the income guidelines." This meant that Rodriguez could progress to the next step (group orientation) of the multi-step application process. As it happened, however, he did not make it all the way. In a letter dated February 19, 2019, Habitat told Rodriguez that his application could not be approved because his monthly income was insufficient to cover the estimated debt service. Rodriguez presented no evidence at hearing suggesting that Habitat had denied his application for any reason other than the one given to him, namely that "you [Rodriguez] do not earn enough to support a mortgage." Rodriguez was not satisfied with this rationale and arranged to meet with a Habitat employee named David Willis to discuss the matter. Rodriguez believes that Mr. Willis was rude and disrespectful to him. Further, Rodriguez testified that, during their conversation, Mr. Willis used the phrase, "you people." Clearly, this is a potentially offensive remark, and Rodriguez was, in fact, offended by it. When pressed, however, Rodriguez admitted that he did not consider the comment to have been a slur against Spanish or Italian people; rather, he took it as a more focused insult——against, for example, disputatious people. In any event, there is no evidence that Mr. Willis intended to disparage an ethnic or racial group. Determinations of Ultimate Fact There is no persuasive evidence that any of Habitat's decisions concerning, or actions affecting, Rodriguez, directly or indirectly, were motivated in any way by discriminatory animus. Thus, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that Habitat did not commit any prohibited act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order finding Habitat not liable for housing discrimination and awarding Rodriguez no relief. DONE AND ENTERED this 15th day of August, 2019, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 2019.
The Issue Whether Petitioner was the subject of discrimination based on her sex or handicap in leasing her apartment from Respondent in violation of Sections 804d and 804d or f of Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988 and the Florida Fair Housing Act, Chapter 760.23(2) (4), Florida Statutes (2006).
Findings Of Fact Petitioner resided at Respondent’s Thacker I property for at least a year prior to her move to Respondent’s Pinewoods Place Apartments located at 5929 Pinewoods Place, Milton, Florida 32570. Petitioner moved to Pinewoods, Apartment 25, around March or April of 2003. Neither Petitioner nor Respondent had any material problems with each other during her residency at Thacker I. Her move to Pinewoods resulted from her request to move to a larger apartment. Pinewoods is a large complex managed by Respondent. Some of the units are subsidized by HUD. A list of tenants in the Pinewood complex reflect 58 tenants. Of the 58 tenants, 34 are female. Eleven of the tenants have a disability. In fact, Respondent contracts with providers who serve the disabled to provide apartments to their clients and provides such apartments regularly. Respondent accommodated Petitioner’s request to move to Pinewoods by not requiring a full year’s lease since she had already completed a year at Thacker I and by allowing Petitioner to transfer her deposit from the Thacker I apartment to the Pinewoods apartment. Because of these accommodations, Petitioner was permitted to lease her Pinewoods apartment on a month-to-month lease with an additional deposit of $95. Respondent also accommodated Petitioner in her move by leaving her rent amount the same as it was at Thacker I. Thus, Petitioner paid $400 a month rent instead of the normal $450 a month rent paid by other tenants in comparable apartments. Petitioner did not visit Unit 25 prior to her move to Pinewoods because it was occupied. No other units were available for her to inspect prior to her move. Additionally, HUD inspected the Unit 25 prior to Petitioner’s move and found no violations and that the apartment met HUD standards for being mechanically sound and safe. There was no evidence of any representations made by Respondent to Petitioner regarding Unit 25, and Petitioner did not introduce any evidence of such misrepresentations. Clearly, contrary to Petitioner’s assertions of misrepresentations about her apartment or her assertion that she looked at her Unit or a model, her apartment was not misrepresented to her prior to her move to Pinewoods, and no discrimination on the basis of sex or handicap occurred. Sometime after her move, Petitioner began to complain about her apartment. The evidence was vague regarding most of her complaints, and Petitioner declined to testify about many of her allegations. For instance, there was a vague complaint about leaves being blown into her yard from the sidewalk when the maintenance crew would clear the sidewalk of leaves. However, this method of clearing the sidewalk occurred throughout the complex and was not directed toward Petitioner. Likewise, there was a vague complaint about the trash lady disturbing Petitioner’s morning coffee by performing her assigned duty of picking up trash around the apartment complex. Again, there was no evidence of any activity being directed at Petitioner based on her sex or handicap. At some point, Petitioner complained to Respondent about her dryer vent not working properly. After several complaints and in an effort to resolve Petitioner’s complaint, Respondent’s maintenance person put an interior box-style lint trap, in her Unit. Respondent stated he felt this was the best solution because a member of the maintenance staff used the same type lint trap at his home. Petitioner, for a variety of reasons, was not satisfied with Respondent’s solution and vented the dryer to the outside herself. There is some dispute over whether Petitioner’s repair was safe or done correctly. There is no evidence that indicates Respondent discriminated against Petitioner on the basis of sex or handicap. Petitioner also complained about the sliding glass doors being fogged and wanted them replaced. Respondent explained that the doors were safe and that 55 other residents have fogged glass doors. Respondent refused to replace the glass doors. The next day Petitioner complained to HUD about the fogged glass door being “non-operable.” Because of the complaint, Robert Youngblood from the HUD office in Milton met Respondent’s maintenance staff at Petitioner’s apartment and discovered that the slider had been knocked off its track. Mr. Youngblood reported to Respondent that it was very clear the door had been sabotaged because he had just inspected that same door just days before because of a prior complaint. Respondent fixed Petitioner’s door again. Additionally, the sliding glass door that Petitioner complained about was inspected by both Santa Rosa Glass and Milton Glass. Petitioner also kept an untagged vehicle in the parking lot and threatened to sue if it were towed. All the Pinewoods’ leases contain a provision that untagged vehicles are not permitted on the premises and will be towed. In order to avoid the vehicle being towed, Petitioner switched the tag from her tagged vehicle to her untagged vehicle and back again as notice was given to her. Petitioner again felt this action was discrimination. Again there was no evidence to support Petitioner’s claim. On January 5, 2006, a little more than two years after she moved to Pinewoods, Petitioner complained, when she came to the office to pay her rent, that her garbage disposal did not work. The staff person who took Petitioner’s rent sent a maintenance person that day to look at Petitioner’s garbage disposal. The maintenance person looked at the alleged disposal location and discovered that Petitioner did not have a garbage disposal. There was no plumbing for one. The evidence showed that many units did not have a garbage disposal and that disposals were removed from each unit as they broke down. Petitioner insisted that she should have a garbage disposal since there was a switch on the wall for one. Because of her actions concerning the garbage disposal, Petitioner was given a Notice of Non-Renewal, dated January 6, 2006. Petitioner refused to pay any rent and refused to vacate the apartment based on her belief that Respondent had discriminated against her based on her sex and handicap. She maintained this belief even though she testified that “everybody had problems getting things fixed.” Indeed, her only witness corroborated that men and women, handicapped and non-handicapped have trouble getting things fixed. No reason was given for the non-renewal. Respondent testified that he was tired of Petitioner’s actions and deceitfulness. Petitioner chose to withhold her rent when it was due in February 2006, so that Respondent would bring eviction proceedings against her. Respondent eventually brought eviction proceedings against Petitioner. At the eviction hearing, Petitioner told the judge she wanted to be evicted so it would become public record. Respondent was awarded possession of the premises. After Respondent was given possession, the next morning he received a copy of a letter to the judge requesting that he rescind his decision and requesting another judge. Petitioner has since moved to another apartment. As with the other incidents described above, the evidence did not demonstrate that Respondent discriminated against Petitioner on the basis of her sex or handicap. Therefore, the Petition for Relief should be dismissed.
The Issue Whether Respondent discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Petitioner is a Cuban. Prior to his eviction on or about June 29, 2005, Petitioner occupied an apartment located at 1332 20th Street, Orlando, Florida 32805. Respondent is owner-operator of the dwelling house located at 1332 20th Street, Orlando, Florida 32805, and had rented to Petitioner for six or seven years. Respondent instituted an eviction proceeding in Orange County, Florida, County Court for Petitioner's failure to pay weekly rent. Petitioner was evicted by Court Order. At the time of his eviction, Petitioner owed Respondent $780.00 on an apartment that rented for between $70.00 and $110.00 per week. There was insufficient evidence to establish that Petitioner was evicted for any reason other than the fact that he had not paid his rent. Other than Petitioner's rambling allegation that Respondent had told him, "[Y]ou are a no good Cuban, go back to Cuba," or words to that effect, there was no evidence that Petitioner was evicted because of his national origin. In fact, Petitioner's witness, Fausto Alavarado, a Puerto Rican gentleman, who had rented from Respondent a similarly long time, had not heard such comments and testified that Respondent "never treated him inappropriately." Respondent and other witnesses denied discriminatory statements and indicated that Respondent had evicted others for non-payment of rent. Respondent and these witnesses are credible.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 14th day of March, 2006, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of March, 2006. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Tom Peters 138 North Hart Boulevard Orlando, Florida 32835 Alejo Fernandez 2000 South Orange Blossom Trail Orlando, Florida 32805 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether Respondent, Ameron Homes, Inc., discriminated against Petitioner, Carolyn Henke, in violation of the Florida Fair Housing Act; and, if so, the relief to which Petitioner is entitled.
Findings Of Fact On March 12, 2015, Petitioner entered into a contract with Ameron to build a new home in Micco, Florida. Petitioner selected Ameron because of the reasonable price it offered to construct her house, as well as the fact that Ameron could immediately begin work. The total contract price for Petitioner’s new house was $198,052. This figure included a base price of $170,000, plus “extras” that Petitioner requested in the amount of $27,552. Ameron completed construction of Petitioner’s house in September 2015. Petitioner moved into her home on September 25, 2015. She paid her final bill to Ameron on September 29, 2015. Petitioner complains that Ameron failed to construct her home using the required standard of care. She also maintains that Ameron overcharged her for certain building materials. Petitioner specifically alleges that the house Ameron built for her did not include several of the details, features, or “extras” that she specifically requested. Petitioner further asserts that she paid approximately $8,500 for items that should have been covered in her “extra” charges. Petitioner claims that she found a number of deficiencies when she moved in. Petitioner’s issues include: Storm shutters: Ameron provided storm shutters for Petitioner’s exterior windows as part of its standard contract. Petitioner represented that the shutters delivered to her home were made of steel. Petitioner explained that steel shutters are much too heavy for her to hang over her windows. Petitioner insisted that she should have been given aluminum shutters instead of steel shutters. Petitioner complained that Mr. Brognano never discussed the different types of shutters that Ameron could have offered with her contract. Flooring: Petitioner disliked the laminate flooring Ameron installed in her home as part of its standard contract. Therefore, she purchased wood-like, tile flooring on her own. Petitioner was upset that she had to pay an additional cost (above the “extras”) for the tile she selected (approximately $2,000). Kitchen cabinets: Petitioner was upset at the poor quality of her cabinets. Petitioner asserts that under her contract, she was entitled to select the cabinets for her kitchen. Instead, Petitioner declared that Ameron installed cabinets with a very cheap exterior coating. Petitioner testified that the finish on her cabinets is beginning to peel. Front door: Petitioner complains that her front door does not fit tightly into the doorframe. In addition, the front door needs to be adjusted to eliminate a gap at the bottom of the doorway. Sod and soil: Petitioner is upset that she had to pay extra for part of the sod laid around her home (approximately $1,000). Furthermore, after rain eroded soil away from her home, Petitioner believes that Ameron should have corrected the situation. General construction complaints: Petitioner complained about the general quality of her home, as well as its condition upon completion. Petitioner asserted that she found dust, nails, and gobs of plaster scattered throughout her house. Petitioner claims that she has plumbing and sewer issues. In addition, a ceiling register is broken and some grout and cement is cracked and worn away. Finally, Petitioner complains that Ameron failed to make several modifications she requested as she moved into her home. Petitioner alleges that Ameron inadequately or failed to include handicap accessible features in her bathroom. These features most notably included grab bars in her shower. Petitioner also asserted that Ameron failed to account for her disability when it installed the soap dish and fixtures in her shower. They are positioned too high for her to safely reach or adjust. (As explained below, at Petitioner’s request, Ameron hired and paid a third party to install grab bars in Petitioner’s shower. At the final hearing, Petitioner testified that, at this time, the grab bar is broken.) Petitioner believes that Ameron took advantage of her because she is a woman, elderly, alone, and handicapped. Petitioner asserts that when she expressed her frustration at the manner in which her house was built, Ameron never listened to her. Petitioner also believes that Ameron overcharged her for the inferior “extras” it added to her home. Petitioner asserts that Ameron would not have ignored her complaints if she was a man. Petitioner was 87 years old at the time of the final hearing. Respondent does not dispute that Petitioner suffers from a physical disability.4/ Petitioner testified that she sent her initial complaint to the Commission alleging a discriminatory housing practice by Ameron on October 31, 2016.5/ Ameron is owned by William and Todd Brognano. At the final hearing, William Brognano testified on Ameron’s behalf. Mr. Brognano relayed that Ameron has been building homes since 1981. Mr. Brognano asserted that Ameron has a fine reputation for the quality of the homes it constructs. Mr. Brognano expressed that Ameron builds between 100 and 170 homes a year. Ameron has built many homes for women and handicapped persons. Mr. Brognano denied building Petitioner’s home in a faulty manner. He further denied that Ameron discriminated against Petitioner in any way. Mr. Brognano explained that Petitioner contracted with Ameron to construct a single-family home for the base price of $170,000. In addition, Petitioner requested “extras” to her home in the amount of $27,552. These “extras” included certain enhancements and modifications, such as a two-foot addition to her bedroom, different laminate and tile for certain floors, walls, and countertops, additional lighting, a tile roof, and the relocation of several palm trees in her yard. Mr. Brognano asserted that all the standard features of Petitioner’s home, as well as each “extra” that Petitioner requested, were clearly itemized in her contract. In response to Petitioner’s specific complaints, Mr. Brognano offered the following: Windows: Mr. Brognano commented that all standard homes are built with windows and shutters that meet Florida Building Code requirements. Ameron could have installed impact windows on Petitioner’s house for an additional charge. However, Petitioner specifically declined impact windows because of the cost. Storm shutters: Mr. Brognano explained that Petitioner’s contract did not specify the type of storm shutters to include with her home. In addition, Petitioner specifically declined upgraded shutters because of the cost. Therefore, Mr. Brognano believed that Ameron initially provided steel shutters, which are standard. (Steel shutters are heavier, but stronger, than aluminum shutters.) However, Mr. Brognano testified that after Petitioner notified Ameron of her desire for aluminum shutters, Ameron agreed to arrange for a third-party shutter company to deliver aluminum shutters to Petitioner’s home at no extra charge. (The bill from the company that supplied the shutters referenced “aluminum” shutters. However, Petitioner maintains that the storm shutters she received were steel.) Flooring: Ameron installed floor coverings, including carpeted bedrooms, vinyl kitchen flooring, and tile, as standard features in Petitioner’s home. Petitioner, however, wanted to use laminated wood flooring in parts of her home. Therefore, in June 2015, on her own, Petitioner bought wood tile flooring from a third-party tile company. The additional tile cost Petitioner $2,331.29. Ameron agreed to pay a subcontractor to install the tile Petitioner purchased. Kitchen cabinets: Mr. Brognano refuted Petitioner’s assertion that her cabinets were made of cheap material. Mr. Brognano relayed that, not only did Petitioner select the cabinets that Ameron installed, but they were of nice quality. Sod and soil: Per the specific terms of Petitioner’s contract, Ameron provided 8,000 square feet of Bahia sod for Petitioner’s property. However, Petitioner’s lawn required a total of 10,625 square feet of sod. Mr. Brognano asserted that Petitioner was obligated to pay the additional cost. Mr. Brognano further testified that Ameron fixed the parts of Petitioner’s lawn affected by erosion at no additional cost. General construction complaints: Mr. Brognano commented that Petitioner’s complaints reveal that she does not understand how home construction works. The presence of sawdust, nails, and construction materials is common in most homes during, or immediately after, construction. Just before Petitioner moved in, Ameron paid to have her house professionally cleaned (as is its common practice). Mr. Brognano further testified that everything in Petitioner’s home meets building code standards. Mr. Brognano also claimed that Ameron addressed a number of Petitioner’s complaints. Finally, upon completion, Petitioner’s home was inspected, and no construction issues were found. Regarding Petitioner’s shower, Mr. Brognano explained that Petitioner first notified Ameron about the issues in her shower just after Ameron had completed her home, but before she took occupancy on September 25, 2015. Mr. Brognano relayed that Petitioner’s contract did not contain any provisions regarding grab bars. Instead, Petitioner personally bought grab bars and requested Ameron install them. (Petitioner produced a purchase receipt from Lowe’s showing that two grab bars were purchased on September 10, 2015.) Mr. Brognano testified that Ameron agreed to pay for the installation of both the grab bars and the soap dish at no extra charge to Petitioner. (At the final hearing, Petitioner asserted that she personally paid the individual Ameron hired to install the grab bars.) Ameron hired Chuck Velek, who has worked as a carpenter for over 30 years, to install the grab bars. At the final hearing, Mr. Velek testified that when he reported to Petitioner’s home, she provided him with a grab bar and instructed him to place it in her shower. Mr. Velek declared that he installed one grab bar in Petitioner’s shower. Mr. Velek stated that Petitioner’s friend directed him where to position the grab bar in the shower. Mr. Brognano testified that, when she moved into her home on September 25, 2015, Petitioner did not alert Ameron to any issues with her shower. On the contrary, Petitioner told Mr. Brognano that she loved her house. Based on the evidence and testimony presented at the final hearing, Petitioner did not demonstrate, by a preponderance of the evidence, that Ameron discriminated against her based on her age, sex, (aloneness) or handicap in violation of the FHA.
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 by Petitioner, Carolyn Henke, for lack of jurisdiction based on Petitioner’s failure to timely file her petition under the Florida Fair Housing Act. Alternatively, it is RECOMMENDED that the Florida Commission on Human Relations issue a file order concluding that Respondent, Ameron, did not commit a discriminatory housing practice against Petitioner and dismiss her Petition for Relief. DONE AND ENTERED this 5th day of December, 2018, in Tallahassee, Leon County, Florida. S J. BRUCE CULPEPPER 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 5th day of December, 2018.
The Issue Whether Respondent committed a discriminatory housing practice against Petitioner as alleged in the Petition for Relief dated September 15, 2005, and if so, what relief should the Florida Commission on Human Relations provide.
Findings Of Fact Because no evidence was offered at the final hearing held in the instant case, no findings of fact are made.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED that the Commission issue a Final Order dismissing Petitioner's Petition. DONE AND ENTERED this 30th day of November, 2005, in Tallahassee, Leon County, Florida. S FLORENCE SNYDER RIVAS 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 30th day of November, 2005.
The Issue The issue is whether the Petition for Relief was timely filed.
Findings Of Fact In January 2008, Petitioner filed a “Housing Discrimination Complaint” with FCHR and/or the U.S. Department of Housing and Urban Development. The complaint alleged that Respondent discriminated against Petitioner based upon her race (black) and religion (Christian) in its servicing of her home mortgage loan. On or about March 27, 2008, a “Determination” was issued finding no reasonable cause to believe that Respondent committed a discriminatory housing practice against Petitioner. On April 18, 2008, FCHR sent a “Notice of Determination of No Cause” to Petitioner by certified mail No. 7007 1490 0002 5958 0931. Petitioner received the Notice on April 22, 2008, according to the certified mail receipt included in the case file. The Notice advised Petitioner that “FCHR has determined reasonable cause does not exist to believe that a discriminatory housing practice has occurred.” The Notice further advised Petitioner that she could request an administrative hearing, and clearly stated that any such request “must be filed with the FCHR within 30 days of the date of mailing of this Notice.” A “Petition for Relief, in blank” was sent to Petitioner along with the Notice. On May 23, 2008, FCHR received a completed “Petition for Relief” form from Petitioner. The form was signed by Petitioner and dated May 20, 2008. Petitioner stated in her response to the Order to Show Cause that she “never received any paperwork on the above case” and that “the only paperwork that [she] received was on or a about June 9, 2008.”
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR issue a final order dismissing the Petition for Relief with prejudice. DONE AND ENTERED this 18th day of June, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of June, 2008.
