The Issue The issue is this case is whether the Respondent, Beacon Hill, Ltd., discriminated against Yvonne Malone (Petitioner) based on her religion in violation of the Florida Fair Housing Act (the Act).
Findings Of Fact The Petitioner is a resident at an apartment complex owned and operated by the Respondent. At the hearing, the Petitioner recited a litany of complaints related to her apartment unit and to the services she has received from the Respondent's staff. Although the Petitioner has previously asserted that the Respondent has discriminated against her based on her religion, the Petitioner testified at the hearing that she had been "harassed" and "abused" by the Respondent's employees and that she did not know the basis for her treatment. The evidence failed to establish that the Respondent, or any person employed by the Respondent, has discriminated against the Petitioner based on her religion. The evidence failed to establish that the Respondent, or any person employed by the Respondent, has treated the Petitioner any differently than any other resident of the apartment complex has been treated. The evidence failed to establish that the Respondent, or any person employed by the Respondent, has "harassed" or "abused" the Petitioner in any manner.
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 filed by Yvonne Malone. DONE AND ENTERED this 7th day of January, 2014, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 7th day of January, 2014.
The Issue Whether Respondent, Bosshardt Property Management, LLC (“Bosshardt”), violated the Fair Housing Act as alleged in the Housing Charge of Discrimination.
Findings Of Fact The following Findings of Fact are made based on the exhibits and testimony offered at the final hearing. Ms. Rabalais is the owner of Lot 198 at Salt Springs Resort, a Florida recreational vehicle condominium established pursuant to chapter 718, Florida Statutes. As an owner of a lot in Salt Springs Resort, she is a member of SSRA, the homeowner’s association. Bosshardt is a Florida corporation providing community association management services and was the Community Association Manager (“CAM”) for SSRA from September 2013 until August 31, 2019. Bosshardt acted as the agent, and at the direction of SSRA, managed the business related to the property, including enforcement of SSRA rules and decisions of the Board of Directors. The CAM is the general point of contact for the association. The CAM would collect on bills and collect payments for assessment and manage the property. Petitioner contends Respondent subjected her to retaliation beginning after the filing of Petitioner’s HUD complaint. In support of her position, Petitioner points to alleged harassment by Ms. Noble, the failure to maintain her lawn and repaint her lot number, and removal of one of her posts from the townhall webpage. Throughout the hearing, Ms. Rabalais raised allegations about incidents that occurred before December 20, 2018, which is 365 days prior to the filing of her Complaint of Discrimination dated December 20, 2019. However, some of the facts will be discussed herein to help supplement and explain the alleged continued discrimination and to provide a more detailed record of Ms. Rabalais’s complaints. Golf Cart Incident Petitioner alleges that Bosshardt was responsible for housing discrimination and harassment arising out of an April 17, 2018, confrontation between Petitioner and Sharon Noble, a lot owner and former SSRA board member. Ms. Rabalais identified Ms. Noble as one of the worst of her neighbors who disliked her. At some point before Ms. Rabalais filed the complaint of discrimination, Ms. Noble and Ms. Rabalais were good friends. While there is a dispute regarding the nature of the relationship, at some point the friendship deteriorated. In 2016, a dispute arose between Ms. Rabalais and Ms. Noble over Ms. Rabalais’s intent to file a lawsuit against SSRA and Ms. Noble’s refusal to assist her. The dispute was referenced in emails between Ms. Rabalais and Ms. Noble and through Ms. Noble’s testimony at hearing. Ms. Noble acknowledged at the hearing that she and Ms. Rabalais were no longer friends. On April 17, 2018, Sharon Noble was driving her golf cart on the road in front of Ms. Rabalais’s lot. She stopped her cart to send a text message to someone. At around the same time, Ms. Rabalais attempted to enter her drive way. Ms. Rabalais was unable to enter the drive way as two carts could not drive on the road side by side. Ms. Rabalais began to blow her horn so Ms. Noble circled around behind Ms. Rabalais’s golf cart to allow her to drive pass her. Ms. Noble then finished her text message and left the area. Ms. Noble credibly testified that she did not attempt to intimidate Ms. Rabalais. Ms. Noble believed the incident was intentional and as a result, she wrote an incident report documenting the incident. Ms. Noble reported the incident to the SSRA. Jane Jorden was in Ms. Rabalais’s golf cart and witnessed the incident. She recalled that Ms. Noble was recording Ms. Rabalais’s lot and blocking the driveway with her golf cart. Ms. Rabalais became upset after Ms. Noble drove her cart behind her. Ms. Rabalais went to the guard gate to report the incident and call the police. Tom, one of the employees working at the guard gate, completed a report regarding the incident. Tom did not testify at the hearing and, thus, his statement about the incident is not relied upon for a finding of fact. It is simply used to supplement the testimony offered at the hearing. Tom did not observe the incident but rather reported that the police were called and took statements from Ms. Noble and Ms. Rabalais. SSRA sent Ms. Rabalais a letter advising her to contact the police if she is concerned about her safety. While Ms. Rabalais believes that she was subjected to discrimination and retaliation by Respondent by way of the actions of Ms. Noble, the fact is that Ms. Noble, and more importantly Bosshardt, was in no position to deny Ms. Rabalais access to common services and facilities under SSRA’s control. To the extent Ms. Rabalais believed her fellow neighbors disliked her or were not nice to her, that activity is not actionable as unlawful housing discrimination. The greater weight of the evidence establishes that the incident with Ms. Noble was a personal dispute that was not due to housing discrimination facilitated at the direction of Bosshardt. Lost Assessment Payment Between July 1, 2018, and October 1, 2018, a quarterly assessment accrued. Ms. Rabalais’s check with a send date of September 28, 2018, was mailed to Bosshardt using an address that was previously known to be Bosshardt’s address. However, the assessment check payment was returned and the label affixed to the envelope indicated that the mail was returned to sender, was not deliverable as addressed, and was unable to be forwarded. In order to qualify as a candidate for a position on the SSRA Board of Directors, all assessments must be paid before a designated date. As a result of the assessment check not being delivered before the deadline to declare candidacy, Ms. Rabalais did not meet the criteria to run for the Board. Ms. Rabalais alleges in her complaint that Bosshardt engaged in a discriminatory act by not accepting her payment so she could not run for the Board of Directors. There is no sufficient evidence to support this allegation. Although there was testimony from Ms. Nelson that there were suspicious circumstances surrounding delivery of the check, the evidence offered at hearing does not demonstrate that Bosshardt engaged in nefarious or discriminatory actions regarding the assessment payment. The greater weight of the evidence, however, established that the check was returned undelivered. Failure to Maintain Property and Paint Lot Number Ms. Rabalais alleged in her Complaint that Respondent failed to maintain her lawn and failed to repaint her lot number as it did for other lot owners. There was no clear indication that the conduct occurred on or after December 20, 2018. Generally, all lot owners received basic services. An exception would be if the lot owner has a “no trespassing” sign on the property. Diane Suchy worked as the designated CAM for SSRA. She testified that maintenance staff were employees of SSRA and worked at the direction of Bosshardt. They maintained common areas and the lawns of individual lot owners. The maintenance team also repaints the lot numbers as needed. Gary Gensberg, the maintenance supervisor, testified that he maintained Ms. Rabalais's lawn and conducted weed maintenance as needed. He also recalled that Ms. Rabalais did not have a large area that required maintenance. Regarding the lot numbers, they would be repainted if it was not visible. Ms. Rabalais's lot number was visible at the time in question. Mr. Gensberg credibly testified that he was never given instructions to not maintain Ms. Rabalais's lot. Despite the maintenance team maintaining Ms. Rabalais property as needed, the evidence established that Ms. Rabalais posted no trespassing signs on her property for an unknown period of time. Furthermore, there was no evidence to support a finding that if Ms. Rabalais’s lawn was not maintained or her lot number was not repainted, it was result of discrimination based on disability or retaliation. Townhall Facebook Group Page Gary Griffith, the Bosshardt president at the time of the allegations alleged in the Complaint, testified about the lot owners’ Facebook group page. Mr. Griffith testified that Bosshardt did not manage the Facebook group page. Rather, Mr. Foster, Brenda Harvey, and other lot owners, were administrators on the account. Thus, Bosshardt made no determination regarding who could post or remove posts from the account. The page had rules for posting including, the exclusion of posts that were argumentative, contained unfounded allegations, or attacked the Board of Directors. On February 4, 2019, Ms. Rabalais posted a message about her experience with litigation with SSRA and Bosshardt. At the end of that message she wrote, “SSRA/Bosshardt has caused a homeowner to kill himself and ruined many owners’ lives ….” The administrators determined the post was unsubstantiated and threatening and failed to comply with the guidelines established for the page. As a result, the post was removed. Based on the evidence offered at hearing, Bosshardt was not involved with removal of Ms. Rabalais’s February 4, 2019, post. Therefore, there was no evidence to establish that Bosshardt discriminated against Ms. Rabalais when her post was removed from the Town Hall page. Expert Testimony Petitioner offered the testimony of Gary Solomon, Ph.D., as an expert regarding HOA syndrome. He works as a professor at the College of Southern Nevada. HOA syndrome is not a recognized clinical disorder, and there are no peer-reviewed articles offered to support Dr. Solomon’s opinion. Despite his purported knowledge about HOA syndrome, he was unable to provide a basis for his conclusions. Dr. Solomon had not read the SSRA rules or policies and procedures; and he had no understanding of Florida condominium law. He was also unable to provide an opinion regarding whether Ms. Rabalais had suffered from HOA syndrome. Based on the evidence offered at hearing, Dr. Solomon was not accepted as an expert in this matter.
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 5th day of April, 2021, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 John McDonough, Esquire Meier, Bonner, Muszynski, O'Dell & Harvey Suite 2000 260 Wekiva Springs Road Longwood, Florida 32779 Scarlett Rabalais Post Office Box 5224 Salt Springs, Florida 32134 Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
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 Whether Respondent committed a discriminatory housing practice by "lock[ing] [Petitioner] out of [his] apartment" at the Arena Hotel, as alleged in Petitioner's housing discrimination complaint, and, if so, what relief should the Florida Commission on Human Relations (Commission) provide Petitioner.
Findings Of Fact Based on the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: Respondent is a black male. Since 2000, he has maintained a residence at the Arena Hotel (Establishment), a rooming house (with 22 rooms) located in Miami, Florida. Respondent is the former owner of the Establishment. He purchased the Establishment approximately three years ago. At the time of the purchase, there were only a small handful of blacks residing in the Establishment (including Petitioner). The percentage of black residents increased significantly during his ownership. Respondent lived in Israel when he owned the Establishment (as he does now). Every several months he traveled to Miami and visited the Establishment. Respondent had an on-site manager to take care of the day-to-day affairs of the Establishment for him. Respondent also had a brother living in the area on whom he could call to check on the Establishment. The brother, Gil Terem, worked for Majestic Properties, Inc., a Miami-based real estate brokerage firm. Gil Terem assisted in Respondent's sale of the Establishment. From the time Respondent purchased the Establishment until the time he sold it, Petitioner regularly complained to management and various governmental agencies about the conditions in his room and the common areas. Petitioner's complaints were not the only ones management received during this time frame. There were also complaints from residents of the Establishment who claimed that Petitioner was acting aggressively and harassing them. On November 6, 2002, government inspectors conducted an inspection of the Establishment. Later that same day, November 6, 2002, City of Miami police were called to the Establishment by management to look into an allegation of harassment made against Petitioner. Gil Terem was on the premises of the Establishment when the police arrived. Respondent was not present. He was in Israel. Upon their arrival, the police confronted Petitioner and spoke with him. Although the police did not arrest Petitioner or take him into custody, Petitioner was under the impression, following his discussion with the police, that he was not free to reenter his room and that he had to vacate the premises. He therefore left the Establishment without returning to his room. Notwithstanding what Petitioner may have believed, there was no intention to evict him. Petitioner pursued legal action in Miami-Dade Circuit Court alleging that he was illegally removed from his room in the Establishment. On December 4, 2002, in the case of David Powell v. Majestic Properties, Inc., Case No. 02-27703CA30, Miami-Dade County Circuit Court Judge Barbara Levenson issued an Order Granting Plaintiff's Motion for Injunctive Relief, which read as follows: This cause having come on to be heard on Dec. 4, 2002 on Plaintiff's Motion for Injunctive Relief and the Court having heard argument of counsel, and being otherwise advised in the premises, its is hereupon, ORDERED AND ADJUDGED that said Motion be, and the same is hereby, granted. A temporary restraining order is in effect pending the setting of a further hearing. [Plaintiff] is allowed to return to his residence. Following the entry of this Order, Petitioner returned to his room in the Establishment. Because there was a new lock on the door that had been installed during his absence, he was not able to enter the room until Gil Terem came by with a key to let him in. Subsequent to his return to the Establishment, Petitioner initiated various judicial and administrative actions, including the instant one,1 claiming that Respondent and others conspired to unlawfully discriminate against him by depriving him of the opportunity to enjoy the privileges of residing at the Establishment. The record evidence is insufficient to establish that Petitioner was in any way discriminated against on the basis of race or handicap or that any adverse action was taken against him in retaliation for his claiming that he was the victim of housing discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission issue a final order finding that no "discriminatory housing practice" has been committed and dismissing Petitioner's complaint based on such finding. DONE AND ENTERED this 6th day of October, 2004, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of October, 2004.
The Issue Whether Petitioner was the subject of discriminatory housing practices based on his race or his handicap, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact At all times relevant to this cause, Petitioner was a tenant of a rental apartment located at 284 South First Street, Apartment 6, Macclenny, Florida (the Apartment). Petitioner?s tenancy was established by a lease agreement with a final effective date of November 24, 2009. Petitioner moved out of the apartment on May 3, 2012. Respondent is a Florida Limited Liability Company. Among its other holdings, Respondent owns four 4-plex units located on First Street, Second Street, and Third Street in Macclenny, one of which includes the Apartment. The racial make-up of the tenants occupying Respondent?s apartments in the vicinity is roughly 50 percent African-American and 50 percent Caucasian. Petitioner is African-American. Petitioner has an unspecified mental condition. He takes medications for management of his symptoms, and receives periodic visits from Ms. Gadsby to ensure that he is complying with his medication regimen. Petitioner does not receive disability benefits from the Social Security Administration. Petitioner holds a bachelor?s degree in criminal justice from Benedict College in South Carolina. As part of the application for rental of the Apartment, Petitioner was asked “[h]ave you been arrested or had criminal charges filed against you? (If yes, please list them).” In response to the application question, Petitioner answered “yes Trepass [sic.].” The trespass charge was related to a misdemeanor incident that occurred at an unspecified time in Fort Lauderdale, Florida. Petitioner failed to disclose a felony conviction for an incident that had occurred in South Carolina. Petitioner stated that he thought the requirement to disclose criminal charges applied only to charges arising from incidents having occurred in Florida. However, nothing in the application can be read to support that limitation. As such, Petitioner materially falsified his lease application. Petitioner cut hair for members of his church, neighbors, family, and friends at the Apartment, and had done so for the two-and-one-half years of his tenancy. He equipped the Apartment with a barber chair and a small waiting area. He accepted “donations” of food, clothes, and cash for his services. The cash receipts were used to pay his electric and water bills, among other things. Thus, despite its small scale and limited clientele, Petitioner operated what can only be described as a barbershop from the Apartment. The Lease Agreement between Petitioner and Respondent provides that the Apartment was not to be used “for any other purpose than as a private dwelling unit.” The Lease Agreement also provides that Petitioner was to comply with all applicable building and housing codes. The Macclenny Code of Ordinances, Part III, Section 4-105, provides that home occupations are subordinate and incidental to a residential neighborhood, but that certain occupations, including barbershops, “shall not be considered as home occupations under any circumstance.” Thus, Petitioner?s operation of a barbershop from the Apartment was a violation of the Lease Agreement. There were no apparent landlord/tenant disputes involving Petitioner?s tenancy until late 2011. Mr. Stivender testified that he began to receive periodic complaints from tenants in the area regarding the Apartment, including cars being parked on the grass and in the road, loud music, and people milling about the premises. He testified that at least one tenant advised Respondent that she was afraid to venture out of her apartment due to the number of people in the area. The testimony of Mr. Stivender regarding complaints of other tenants would be hearsay if taken for the truth of the matters asserted. However, the undersigned accepts his testimony as evidence, not of the facts surrounding the alleged complaints, but of a non-discriminatory reason for actions to be described herein, most notably the events of March 6, 2012. At the end of October 2011, Petitioner was cited by Respondent for having more than one car regularly parked at the Apartment. Petitioner?s car was not in running condition. The other cars parked at the Apartment belonged to friends or relatives. Petitioner subsequently sold his vehicle, and would borrow his father?s or his cousin?s car when needed. The incident caused bad feelings between the parties. On November 1, 2011, Respondent sent a notice to each of its tenants in Macclenny. Although the notice was precipitated by the complaints against Petitioner and Respondent?s observations of activities in and around the Apartment, the notice was not limited to Petitioner. The notice cited provisions of the common lease agreement regarding the use of the premises and tenant conduct, and advised that excessive noise, driving on the grass, and “loitering” would be cause for eviction. The notice further advised that the landlord would “be patrolling the area on a regular basis at night to check for violations.” On March 6, 2012, Mr. Ferreria was driving by the Apartment at approximately 10:30 p.m. There were, along with Petitioner and his daughter, three guests at the Apartment, Bianca Gaines-Givens, Jacoby Givens, and Misty Lee. They were playing music on an electronic keyboard. Mr. Ferreria stopped his car on the side of the road. He called his property manager, Mr. Stivender, and advised him that he was going to go speak with Petitioner about the noise coming from the Apartment. Mr. Stivender works for a gas company, and was at work routing gas trucks. Mr. Stivender advised that he was going to come to the Apartment, and asked Mr. Ferreria to wait for him before speaking with Petitioner. Ms. Gaines-Givens and Mr. Jacoby Givens left the Apartment after Mr. Ferreria?s arrival in the neighborhood, and noticed Mr. Ferreria sitting in his vehicle. They drove away from the Apartment, but decided to return shortly thereafter. By the time they returned, Mr. Ferreria and Mr. Stivender were leaving. Thus, they did not witness the confrontation described herein. After Ms. Gaines-Givens and Mr. Jacoby Givens drove off, Mr. Ferreria, disregarding Mr. Stivender?s request, went to the Apartment and knocked on the door. It was, by then, approximately 10:45 p.m. When Petitioner answered the door, the two immediately began a heated discussion over the music and the cars. Ms. Lee went to the back of the Apartment when Mr. Ferreria arrived. She heard yelling, but heard nothing of a racial nature. Shortly after Mr. Ferreria arrived at the Apartment, Mr. Stivender arrived on the scene. Mr. Stivender is a solidly built man, and could be an intimidating presence under the right circumstances. These were the right circumstances. Mr. Stivender physically moved Mr. Ferreria out of the way, and came between Mr. Ferreria and Petitioner. He was primed for a confrontation. He had his hand in his pocket, but testified convincingly that he was not armed.1/ He and Petitioner had a loud and angry exchange of words, and Mr. Stivender forcefully suggested to Petitioner that it would probably be best if he moved out of the Apartment. After Mr. Stivender appeared on the scene, Ms. Lee came out from the back of the Apartment. She recognized Mr. Stivender as Respondent?s “office manager.” She noted that Mr. Stivender had his hand in his pocket, and was talking loudly and pointing his finger in Petitioner?s face. Ms. Lee went outside and spoke with Mr. Ferreria. She testified that Mr. Ferreria indicated that some of the neighbors were afraid of Petitioner because of the noise and the number of people who hung around the Apartment. The confrontation ended with Mr. Ferreria and Mr. Stivender leaving the premises. The police were not called. The next morning, Petitioner called Ms. Gadsby. Petitioner frequently called Ms. Gadsby when he was feeling “stressed.” She went to see him that morning, and testified that he was very upset over the events of the previous evening. She returned that afternoon for a “well-check,” and he was doing better. On March 15, 2012, Petitioner called the Baker County Sheriff?s Office to report the March 6, 2012, incident. A deputy went to the Apartment, spoke with Petitioner and Ms. Lee, took their sworn statements, and prepared an offense report. The description of the incident as reflected in the report, including statements made by Petitioner and Ms. Lee, did not contain any account of racial threats or epithets, or any allegation of discriminatory intent based on race or handicap.2/ Other than Mr. Stivender?s statement made in the heat of the March 6 argument, Respondent made no effort to evict or otherwise remove Petitioner from the Apartment. On March 31, 2012, Petitioner noticed water coming from behind a wall of the Apartment. He called Respondent, and Mr. Stivender came to the Apartment to inspect. Mr. Stivender first suspected that the air-conditioning unit was leaking. The air conditioner was turned off and Mr. Stivender left, intending to contact an air-conditioning repair service. By 6:00 p.m. on March 31, 2012, the rate of the leak was such that it was determined that a water pipe had burst under the foundation of the Apartment. Petitioner did not know where the shut-off valve was located, and was unable to stop the flow, which began to cover the floor in several rooms of the Apartment. Mr. Stivender returned to the Apartment, and determined that a car owned by one of Petitioner?s guests was parked on the grass, and was over the meter box with the shut- off valve. The car was moved, and the water turned off. Respondent called a plumber to fix the pipe. Since the pipe was under the foundation, and in order to avoid breaking up the slab, the repair was accomplished by re-routing the pipe in the wall of the Apartment. The repair entailed cutting an access hole in the drywall. That hole was not immediately repaired. Respondent also called Servpro to perform water cleanup services. The standing water was vacuumed up, and large fans and dehumidifiers were placed in the Apartment to dry it out. While the repairs and drying activities were ongoing, Respondent paid for Petitioner and his daughter to stay in a motel in Macclenny. They were there for three to four days. Respondent paid Petitioner?s power bill for the days that Petitioner was unable to use the Apartment. Petitioner returned to the Apartment, and stayed there for some time. He was upset that the access hole for the pipe repair had not been closed up, and that the baseboards had not been replaced in some areas. On April 9, 2012, Petitioner wrote to Respondent about the effects of the water leak. After thanking Respondent for the “compassion” shown to Petitioner and his family during the event, he complained about the damage to his personal property resulting from the water leak, and an odor “suggesting the presence of mold.” He stated his belief that his daughter?s preexisting asthma was aggravated by the smell in the Apartment. In his April 9, 2012, letter, Petitioner also stated that “due to my mental health condition, I am on prescribed medicine that has now been adjusted to assist me through this stressful situation.” Petitioner?s statement, which was not accompanied by any form of medical evidence, was not sufficient to place Respondent on notice that Petitioner had a record of having, or was regarded as having, any form of mental disability. Mr. Stivender testified that no one ever advised Respondent that Petitioner had a mental disability, and that Respondent had no such knowledge. The April 9, 2012, letter being insufficient on its own to convey such information, Mr. Stivender?s testimony is credited. On May 3, 2012, Petitioner moved out of the Apartment. He had been served with no eviction notice or other written request to vacate. Petitioner gave no notice to Respondent, but dropped off his key at Mr. Ferreria?s business on the day he moved out. Mr. Stivender testified that Petitioner left the Apartment in a filthy, deplorable condition. As a result, Respondent withheld Petitioner?s $400.00 security deposit to offset the costs of returning the Apartment to rentable condition. Petitioner testified that the Apartment was not in poor condition when he moved out, and that some of the damage was the result of the pipe leak. However, Petitioner did not testify, or even suggest, that the decision to withhold the deposit was the result of any racial hostility or animus, or of any reaction to his handicap. Petitioner failed to introduce any evidence that he was treated differently under similar circumstances than were tenants of Respondent who were not African-American, or who did not have comparable mental disabilities. Ultimate Findings of Fact There was no competent, substantial evidence adduced at the hearing that Respondent undertook any act pertaining to Petitioner?s occupancy of the Apartment based on Petitioner?s race. Petitioner failed to prove that Respondent knew of Petitioner?s mental disability or handicap, or that Respondent regarded Petitioner as having any such mental disability or handicap. Petitioner failed to prove that Petitioner?s race or handicap caused or contributed to the March 6, 2012, confrontation. Rather, the evidence demonstrates that the confrontation resulted from noise, issues with cars and parking, and complaints directed to Petitioner by other tenants. Petitioner failed to prove that he was ready, willing, and able to continue to rent the Apartment, but that Respondent refused to allow him to do so. Petitioner failed to prove that Respondent took any action to evict him from the Apartment, or to otherwise intentionally interfere with Petitioner?s occupancy of the premises. To the contrary, the evidence supports a finding that Respondent took reasonable and appropriate steps to repair and remediate the Apartment after the water line break, and provided no-cost accommodations to Petitioner while the Apartment was not habitable. The repairs may not have been completed to Petitioner?s satisfaction, but any such deficiency was not the result of discrimination against Petitioner based on his race or his handicap. Petitioner failed to prove that Respondent?s decision to withhold his security deposit was based on Petitioner?s race or handicap. In sum, the evidence did not establish that Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with his dwelling based on his race or his handicap.
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. 2013H0034. DONE AND ENTERED this 7th day of February, 2013, in Tallahassee, Leon County, Florida. S E. GARY EARLY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of February, 2013.
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 The issue in this case is whether Petitioners have been subjected to illegal discriminatory treatment by Respondent in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioners' complaint, which was dismissed by FCHR on March 24, 2003, resulted from a Housing Discrimination Complaint dual-filed with FCHR and HUD. Petitioners seek to become landlords under the Federal government's Section 8 Program, administered in the Ocala area by Respondent. It is the responsibility of Respondent to receive applications from owners of properties, like Petitioners, who are willing to rent those properties to economically adversely-affected individuals. Respondent then inspects the properties and determines a rental allowance or the amount of supplemental Federal money to be paid the landowner for the rental of a specific property, thereby allowing the economically deprived person a place to live. Petitioners claim that Respondent has discriminated against them by refusing to allow Petitioners to participate in the Section 8 program; specifically, by not making reasonable rent determinations and delaying inspections which are preliminary to a determination of a rental rate. Petitioners did not offer evidence of any specific acts of race-based discrimination. Nor did Petitioners cite any specific information concerning disparate treatment of landlords in the Section 8 program based on race. Further, Petitioners were unable to cite any statistical information that could reasonably lead to the inference that Respondent engaged in wide-spread discrimination. Petitioners’ race-based claims were not supported by any specific information about disparate treatment by Respondent. Petitioners contested the amount of rent which Respondent determined to be applicable to the subject property. As long as the amount of rent was contested, Respondent could not make a rent determination for the Petitioners' properties. A letter to Petitioners from Respondent, dated October 9, 2002, provided Petitioners with notice that Respondent had been advised by its attorney that it could not make a rent determination while the HUD complaint was pending. The letter further stated that should Petitioners withdraw their complaint, their application would be processed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered dismissing the Petition for Relief. DONE AND ENTERED this 15th day of September, 2003, in Tallahassee, Leon County, Florida. S DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 2003. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 David E. Midgett, Esquire Ocala Housing Authority 2800 East Silver Springs Boulevard Suite 205 Ocala, Florida 34470 Larry Williams Monica Williams Post Office Box 01322 Miami, Florida 33101-3221 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether the Florida Commission on Human Relations and the Division of Administrative Hearings have jurisdiction pursuant to Section 760.34, Florida Statutes, to consider Petitioner's Petition for Relief; and Whether Petitioner timely filed his Petition for Relief with the Florida Commission on Human Relations.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Facts are made: Petitioner contracted to purchase a condominium, "unit 206 in Building 425 at Serravella at Spring Valley" from Respondent. For reasons not relevant to the issues presented for determination, closing was deferred; and on December 22, 2006, Petitioner signed and submitted an "Addendum to Contract" to Respondent that sought "to revise contract closing date to 2/28/2007." Sometime in late December 2006, a telephone conversation took place among Steve Myers, a realtor for Serra Villa, Petitioner, and Barefield. Barefield was in Alabama, and Myers and Petitioner were in Florida on a speakerphone. Barefield advised Petitioner that the addendum would not be accepted by Respondent. Barefield and Petitioner did not speak to each other after this December telephone conversation. All communication was accomplished through third parties. Subsequent to Respondent's refusal to accept Petitioner's addendum, there is lengthy correspondence and litigation involving the parties. For some time after Respondent rejected Petitioner's addendum, Petitioner desired to purchase the condominium and, apparently, indicated so in various offers communicated by his attorneys to Respondent. If an unlawful discriminatory act occurred, the determination of which is not an issue presented for determination, the act occurred in December 2006. Petitioner's Housing Discrimination Complaint dated September 17, 2008, and signed by Petitioner on September 22, 2008, was filed with United States Department of Housing and Urban Development more than one year after the alleged act of discrimination. On November 6, 2008, Petitioner sent a four-page fax transmission to Lisa Sutherland, a FCHR employee, which included a Petition for Relief. On November 13, 2008, Petitioner sent a second fax transmission of seven pages to Lisa Sutherland. Apparently, this second transmission included a Petition for Relief. On December 4, 2008, Petitioner sent a third fax transmission addressed to "Mrs. Crawford/Lisa Sutherland." While the fax transmission cover sheet is dated "11-13-08," the report of transmission shows that this 11-page transmission was sent on "12/04 15:24." The Petition for Relief forwarded by FCHR to DOAH was date-stamped "2008 DEC-4 PM 3:25."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR dismiss the Petition for Relief as being time-barred as a result of the late filing of Petitioner, Ricardo Vega's, Housing Discrimination Complaint. DONE AND ENTERED this 27th day of April, 2009, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of April, 2009. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Richard S. Taylor, Jr., Esquire 531 Dog Track Road Longwood, Florida 32750-6547 Barbara Billiot-Stage, Esquire Law Offices of Barbara Billiot-Stage, PA 5401 South Kirkman Road, Suite 310 Orlando, Florida 32819
The Issue The issue is whether any of the respondents is guilty of unlawful discrimination against Petitioner in the rental of a dwelling, in violation of section 760.23(2), Florida Statutes (2018).
Findings Of Fact At all material times, Petitioner has been an individual with a disability because he is infected with the human immunodeficiency virus (HIV). He is required regularly to take medication to control the disease. At all material times, Respondent Scandinavian Properties, LLC (Respondent Scandinavian) has owned a small complex of rental units in Miami Beach consisting of one or more Airbnb units at the back of the property and two duplex units at the front of property in a two-story building. This case involves one of the two-bedroom, one-bath duplexes with the address of 7910 Byron Avenue, Unit 1 (Unit 1), which was the ground-floor duplex. At all material times, Respondent Renes has been a managing principal of Respondent Scandinavian, and Respondent Bourguigne has been an employee of a property management company retained by Respondent Scandinavian to manage the complex. In an effort to find a suitable rental unit, Petitioner employed the services of a real estate broker or associate, who contacted Respondent Renes to discuss the rental of Unit 1, which had just undergone extensive renovations of two years' duration. Petitioner was recovering from recent surgery, so, as a favor to the real estate agent, Respondent Renes agreed to rent Unit 1 to Petitioner with a background check, but not the customary face-to-face meeting that Respondent Renes required with prospective tenants. Thus, Respondent Renes had limited, if any, contact with Petitioner during the lease negotiations. Petitioner and Respondent Scandinavian entered into a 12-month lease commencing November 1, 2018 (Lease). The Lease prohibited keeping any pets, smoking "in the Premises," creating any "environmental hazards on or about the Premises," keeping any flammable items "that might increase the danger of fire or damage" on the premises without the consent of Respondent Scandinavian, destroying, defacing, damaging, impairing or removing any part of the premises belonging to Respondent Scandinavian, and making any alterations or improvements to the premises without the consent of Respondent Scandinavian, although Petitioner was allowed to hang pictures and install window treatments. The Lease required Petitioner to ensure that all persons on the premises acted in a manner that did not "unreasonably disturb any neighbors or constitute a breach of the peace" and permitted Respondent Scandinavian to adopt or modify rules for the use of the common areas and conduct on the premises. The Lease assigned to Petitioner the responsibility for maintaining smoke detectors, locks, keys, and any furniture in the unit. The Lease permitted "[o]ccasional overnight guests," who could occupy the premises for no more than seven nights per month, and required written approval for anyone else to occupy the premises. Among the rules of the complex was a prohibition against disabling smoke detectors. However, without reference to the Lease provision applicable to pets, one rule allowed one dog or one cat. Another rule assured that management would help tenants gain access to their units when locked out. Within a few weeks of the commencement of the Lease, Petitioner's visitors violated two provisions of the Lease by smoking outside and allowing a dog to run loose in the common area. Respondent Renes or Bourguigne advised Petitioner of the violations, which do not appear to have resulted in any penalties. Admitting to the presence of the dog, Petitioner testified only that the video of the dog violation, if not also the smoking violation, led him to believe that he was being watched. Petitioner's complaint of individual surveillance became an ongoing issue--in his mind. The minimal staffing and small area occupied by the small complex, as a practical matter, both precluded individual operation of cameras to trace the movements of Petitioner and his visitors in the common area and facilitated the surveillance of all, or nearly all, of the common area with relatively few cameras. The evidence fails to support Petitioner's claim that the respondents at any time conducted video surveillance particularly of Petitioner or his visitors. Subsequently, Respondent Renes or Bourguigne advised Petitioner that someone had been shouting his name outside the gate of the complex during the evening hours. This incident is not prohibited by the Lease because the person, while perhaps acquainted with Petitioner, was not his invitee onto or about the premises. Nonetheless, Petitioner's sole reported reaction to this disturbance was to demand a copy of any video--and complain when the respondents failed to comply with his demand. Another of Petitioner's visitors parked a car outside the gate in a space reserved for occupants of the Airbnbs. When, evidently in the presence of Petitioner, Respondent Bourguigne confronted the visitor, the visitor replied that he had only been parked there for 20 minutes. Respondent Bourguigne stated that she had seen the car parked in the spot for 43 minutes. Again, Petitioner's sole response was not to deal with the violation, but to complain about surveillance, evidently of the parking area. The most serious violations of the Lease were discovered on January 28, 2019, when Respondent Renes conducted an inspection of Unit 1. Respondent Renes inspected all rental units of the complex every two or three months to check for safety issues that could imperil tenants or the complex itself. In her inspection, Respondent Renes found that Petitioner had disconnected the smoke alarms and encased them in plastic tape to render them inoperative. She also found that Petitioner had crowded the unit with furniture to the point of impeding egress and constituting a fire hazard. Although not involving safety issues, Respondent Renes found that Petitioner had attached screws to metal doors and kitchen cabinets, damaging these new fixtures. Additionally, Respondent Renes noted the presence of a cat. As noted above, the rules conflicted with the Lease as to the presence of a single dog or cat. In any event, by this time, the respondents were aware that the cat, as well as a human, routinely shared Unit 1 with Petitioner, and the respondents had impliedly consented to these cohabitations. Again, Petitioner's reaction to the Lease violations found by Respondent Renes on January 28 was not to address the problems. Instead, he objected to the inspection as singling him out. By letter delivered to Petitioner on February 14, 2019, Respondent Scandinavian advised that he was in violation of the Lease for allowing an unauthorized person and a cat to occupy the unit, for wrapping the smoke detectors in plastic, for damaging the unit's fixtures by attaching screws into the metal doors and kitchen cabinets, and by cluttering the interior of the unit so as to impede internal movement. The letter demands that Petitioner correct the violations within seven days, or else Respondent Scandinavian would terminate the lease. Respondent Bourguigne's main involvement with this case involves an incident that occurred on the evening of February 15, 2019, when Petitioner locked his keys in his unit and was unable to unlock the door or otherwise enter the unit. Petitioner called the office, but Respondent Bourguigne, who responds to such requests during her normal working hours of Monday through Friday from 9:00 a.m. to 5:00 p.m., did not receive the call until the following morning when she listened to messages. Respondent Bourguigne promptly called Respondent Renes for guidance, and Respondent Renes directed her to summon the complex's handyman, who, as soon as he could, which was 1:00 p.m. on February 16, drove to the complex and opened Unit 1 for Petitioner. Rather than call a locksmith when the respondents failed to respond immediately to his call to the office, Petitioner and a companion attempted to break into Unit 1 with a screwdriver at about 1:30 a.m. Although unaware of the lockout, Respondent Renes learned of the attempted break-in through an automated security system, so she called the police, who reported to the scene and, after briefly interrogating Petitioner, determined that no crime had taken place. Petitioner wrongly concluded that Respondent Renes had been watching him in real time and called the police, knowing that the apparent perpetrator was really Petitioner and no crime was taking place. While locked out of his unit, Petitioner had also sent emails to Respondent Renes. In one of them sent on February 16, Petitioner advised for the first time that he was diagnosed with HIV and dependent on medication that was locked in his unit. Respondent Renes testified that she did not see these emails until days later. At minimum, it is clear that, prior to February 16, no respondent was on notice of Petitioner's disability, so the seven-day notice letter delivered two days earlier could not have been motivated by a discriminatory intent. Despite the seven-day deadline contained in the letter of February 14, by email or text dated February 21, Petitioner advised Respondent Renes that, by 2:00 p.m. on February 22, he "will have remedied each of the … listed [violations]." This was one day past the deadline. Because Petitioner failed timely to meet the conditions of the February 14 seven-day notice letter, Respondent Scandinavian commenced an eviction proceeding on February 22 and, after a hearing, obtained a judgment ordering the eviction of Petitioner. Petitioner failed to prove any discriminatory intent on the part of any of the respondents in their dealings with him, any incidental discriminatory effect in their acts and omissions, or any failure or refusal to accommodate Petitioner's disability. To the contrary, as to discrimination, Respondent Renes chose to forego eviction and instead give Petitioner a chance timely to remedy the Lease violations; when Petitioner failed to do so, Respondent Scandinavian proceeded to evict Petitioner. Nor has any act or omission of any respondent had a discriminatory incidental effect on Petitioner. Lastly, the availability of Respondents Renes and Bourguigne or other employees of Respondent Scandinavian to open units to locked-out tenants and occupants was reasonable and in no way constituted a failure to accommodate Petitioner's disability, for which Petitioner never requested or, on these facts, needed an accommodation.
Recommendation It is RECOMMENDED that the Florida Commission on Human Relations enter a final order finding the respondents not guilty of the charges set forth in the Petition for Relief. DONE AND ENTERED this 13th day of January, 2021, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of January, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Philip Kim, Esquire Pensky & Kim, P.A. 12550 Biscayne Boulevard, Suite 401 North Miami, Florida 33181 (eServed) Jack Wilson 17560 Atlantic Boulevard, Apartment 515 Sunny Isles Beach, Florida 33160 (eServed) Cheyenne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed)
