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 Whether Respondent discriminated against Petitioner in the rental of a dwelling based on her race, in violation of Florida Fair Housing Act, chapter 760, Part II, Florida Statutes (2015).
Findings Of Fact The following Findings of Fact are based on the exhibit admitted into evidence and testimony offered by witnesses at the final hearing. Ms. Smith is a Black female and currently resides in Gainesville, Florida. Saul Silber Properties is a company that manages Oak Glade located at 3427 Southwest 30th Terrace, Gainesville, Florida 32608. Respondent provides residential rental apartments in Gainesville, Florida. Saul Silber is the owner of Saul Silber Properties. Ms. Smith is a former resident of apartment number 54I of Oak Glade.1/ Ms. Smith rented the apartment pursuant to a residential lease agreement entered into on January 15, 2014.2/ The lease was for a one-year renewable term. Ms. Smith filed a complaint with the Commission alleging Respondent issued her a Notice of Non-Renewal of her lease agreement on the basis of her race. The Commission issued a “No Cause” determination and Ms. Smith filed a Petition for Relief, which is the matter before the undersigned. During her tenancy at Oak Glade, Ms. Smith had raised numerous complaints with the property manager regarding matters involving her neighbor, Anne E. Dowling. Ms. Dowling, who was White, was a former resident of apartment number 54H. Ms. Smith’s issues with Ms. Dowling included complaints concerning smoking, loud music, non-residents living in the apartment, the number of visitors outside Ms. Dowling’s apartment, and Ms. Dowling’s cat scratching her car. All of the complaints were addressed and resolved by the property manager. The incident that led to the major blow-up between the neighbors involved Ms. Smith and Ms. Dowling’s daughter. Ms. Smith and Ms. Dowling’s daughter were involved in a verbal altercation after Ms. Smith verbally reprimanded Ms. Dowling’s granddaughter (age range of 7-9 years old) and her friend. Ms. Smith testified that the two girls turned their backs to her, bent over, and wiggled their buttocks in a side-to-side motion. Ms. Smith understood this gesture to be disrespectful and a suggestion to “kiss their behinds.” Ms. Dowling’s daughter was not a resident of the apartment complex. The altercation was so loud that Ms. Osteen heard people “screaming” while she was in her office. Ms. Osteen discovered Ms. Smith and Ms. Dowling’s daughter involved in a screaming match. Ms. Osteen later consulted with the senior property manager about the incident and it was determined that both Ms. Dowling and Ms. Smith would be issued a Notice of Non-Renewal. On March 15, 2016, Respondent issued Ms. Smith and Ms. Dowling a Notice of Non-Renewal, which was posted on the door of each tenant’s respective apartment. The notices did not state a reason for non-renewal. Ms. Dowling’s lease would expire effective May 30, 2016; and Ms. Smith’s lease would expire effective December 30, 2016. Prior to expiration of her lease, Ms. Dowling advised Ms. Osteen that she was terminally ill and requested that she be permitted to stay at Oak Glade. Ms. Dowling explained that her support system was located in the area and due to financial limitations, moving from the complex would create a hardship for her. For these reasons, Ms. Dowling was permitted to enter a new lease and was moved to a different apartment. The decision to permit Ms. Dowling to remain at the complex was made by the senior property manager. Ms. Dowling passed away approximately four months later, on September 28, 2016. Other than her mistaken belief that Ms. Dowling did not receive a Notice of Non-Renewal, Ms. Smith did not offer any evidence to support her claim of housing discrimination in violation of the Florida Fair Housing Act.
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: finding that Respondent, Saul Silber Properties, LLC, did not commit a discriminatory housing practice against Petitioner, Ms. Smith; and dismissing the Petition for Relief filed in FCHR No. 2017H0320. DONE AND ENTERED this 29th day of August, 2018, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN 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 29th day of August, 2018.
The Issue The issues are whether Respondent, Sarasota Housing Authority (the Housing Authority), discriminated against Petitioner, Estella Smith (Ms. Smith), based on her disability in violation of the Florida Fair Housing Act (the Florida FHA), and, if so, the relief to which Petitioner is entitled.
Findings Of Fact Ms. Smith, a 52-year-old female, testified she participated in the Section 8 program for over ten years and never had any problems until she moved to Sarasota. Ms. Smith moved into the Sarasota rental unit in October 2009. The Housing Authority is a public housing authority that administers the Section 8 program, within Sarasota County, Florida, pursuant to 42 U.S.C. section 1437f. Under the Section 8 program, the Housing Authority uses funds, supplied by HUD, to pay a percentage of the monthly rent on a leased "unit" directly to the landlord. The Section 8 program tenant pays the balance of the monthly rent to the landlord. Ms. Smith executed a residential lease for a HUD- approved unit on September 5, 2009, to begin a one-year rental. Ms. Smith agreed to abide by all the terms and conditions of the residential lease, including the timely payment of rent and the number of occupants (one adult and one child) in the rental unit without the written consent of the landlord. On or about October 1, 2009, Ms. Smith moved from Tampa, Florida, to Sarasota, Florida, and resided at the rental unit, 3047 East Tamiami Circle, Apartment A, Sarasota, Florida. On September 8, 2009, Ms. Smith executed the Housing Authority's personal declaration/tenant information form. Under part three of this form labeled: "Family Members (including Head of Household) currently residing in unit," there were blank lines to be completed by Ms. Smith. The following information was requested: name; date of birth; social security number; disabled; Hispanic; race; and relationship. Ms. Smith (or someone at her direction) completed the form including information about herself and her sole dependant. Under the disabled heading on the line for Ms. Smith, the word "Pending" is written. Additionally, in part five of this form labeled: "Expenses," was a question, "Are you or your spouse age 62 or older and/or disabled?" Ms. Smith (or someone on her behalf) checked the box before "no" after this specific question. Ms. Smith testified she suffered a stroke sometime in 2009 and was physically affected by it. However, she was unable to reference the specific time frame except for prior to her "porting" back to Sarasota. Ms. Smith claimed to use both a walker and a wheelchair at various times since suffering the effects of the stroke. Further, she later testified that, when she was in her rental unit, the doorways were narrow but she could maneuver in it. During her initial interview with the Housing Authority in September 2009, Ms. Smith stated she was using a walker that day and never told anyone at the Housing Authority that she was disabled. Ms. Smith admitted she withheld the rent from the landlord. However, she claimed her refusal to pay the rent was based on the lack of heat in the rental unit and the suspension of her laundry room privileges. Ms. Smith further testified Bertha L. Pete (Ms. Pete) provided Ms. Smith with assistance in her daily living activities and started living in Ms. Smith's rental unit after Christmas or in late December 2009. A copy of Ms. Pete's Florida driver's license, which reflects Ms. Smith's rental unit address as Ms. Pete's residence as of January 27, 2010, was admitted into evidence. On February 10, 2010, Ms. Smith executed a request for a live-in aide with the Housing Authority. Ms. Smith named Ms. Pete to be her proposed live-in aide. The date stamp for the Housing Authority reflects that the request was received by the Housing Authority on February 17, 2010. Any proposed live- in aide has to meet the requirements imposed by the Housing Authority and HUD. Ms. Pete did not meet the requirements. Additionally, on February 17, 2010, Ms. Smith executed a verification of live-in aide form to be completed by her physician and returned to the Housing Authority. That completed form was never returned to the Housing Authority. Both parties produced an executed medical doctor's prescription with Ms. Smith's name as the patient. The hand-written notation on the prescription is "patient needs in home aid." This verbiage is not sufficient nor equivalent to the requirements listed on the verification form for a "live-in aide." The Housing Authority did not know that Ms. Smith needed a live-in aide when she completed her application in September 2009. Although Ms. Smith utilized a walker at the time of her initial interview with the Housing Authority, the Housing Authority did not know she was disabled at that time. It is not the Housing Authority's practice to inquire of someone's physical status, as that could be perceived as a discriminatory question. Sharla Frantz (Ms. Frantz), director of human resources for the Housing Authority, is the hearing officer for the Section 8 program. Ms. Frantz testified as to the process utilized in the Housing Authority's Section 8 program. Ms. Frantz testified that Ms. Smith made a request for assistance on January 27, 2010, regarding the lack of heat in her rental unit. The Housing Authority caused an inspection to be made that same day, and a deficiency was noted. The repair was completed, and the rental unit passed a follow-up inspection on February 28, 2010. However, at the time of her complaint, Ms. Smith did not discuss any other conditions or circumstances regarding the rental unit, nor was any request for a live-in aide made. On or about February 11, 2010, the Housing Authority was made aware of a possible unauthorized person living at Ms. Smith's rental unit, as well as her failure to timely pay rent. Several days later, the Housing Authority issued a letter to Ms. Smith detailing the reasons for her termination from the Section 8 program: an unauthorized person living in the rental unit and her failure to pay rent. Ms. Smith requested a hearing from the Housing Authority, which was held on March 2, 2010. As a result of the hearing, the Housing Authority issued a letter detailing the basis for Ms. Smith's termination from the Section 8 program: an unauthorized person living in the rental unit and her failure to pay rent. Ms. Smith was afforded time to prove that the rental amount was paid in full and that Ms. Pete did not live with her. Ms. Frantz testified that at the Housing Authority hearing, Ms. Smith wrote a check for the past due rental amount. However, Ms. Frantz never received proof that the payment was actually made to the landlord. Ms. Smith testified the landlord wanted the payment in cash; however, Ms. Smith did not feel comfortable paying the rent in cash, as it did not provide her with a receipt. The rent was never paid. After waiting several days, the Housing Authority issued another letter to Ms. Smith stating that Ms. Smith was terminated from the Section 8 program for two program violations. It further described that a lease agreement, brought in to the Housing Authority, did not substantiate her claim that an unauthorized person (Ms. Pete) was not living in Ms. Smith's rental unit.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Estella Smith in its entirety. DONE AND ENTERED this 17th day of August, 2011, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 17th day of August, 2011.
The Issue The issue in this case is whether Respondents, Hugh and Betty Dalton (the "Daltons"), discriminated against Petitioner, Verita Holder ("Holder"), on the basis of her race (African- American) or familial status (single mother) in violation of the Florida Fair Housing Act.
Findings Of Fact Holder is an African-American woman who is raising her children as a single mother. At all times relevant hereto, Holder resided at 1219 Japonica Lane, Cocoa, Florida, in a house owned by the Daltons. Holder was renting the house from the Daltons with the assistance of a Section 8 federal housing grant. Holder entered into a Residential Lease with the Daltons on July 22, 2009. The lease period was to begin on August 1, 2009, and run through July 31, 2010. Holder's share of the lease payment started at $3.00 in the first month, which increased to $15.00, then $27.00, and, on the first anniversary date of the lease, $287.00 per month. In April 2010, there was a leak in the plumbing at the house. The Daltons were contacted and had the leak repaired by E.K. Coggin Plumbing. Beginning in June 2010, i.e., 11 months into the lease, Holder discovered the existence of some mold under the carpet in a portion of the house. The Daltons resolved the problem by having the carpet removed and cleaned, then replacing the matting under the carpeted area. When Holder was not satisfied, the Daltons eventually replaced the portion of the carpet that had been wet. Holder and her family began having health issues at about the same time, but there was no credible evidence that those health problems were directly connected to the mold issue. Holder became a hold-over tenant at the house when her lease expired on July 31, 2010. In September 2010, Holder stopped making required payments under the lease. In November 2010, the City of Cocoa performed an inspection of the property and found some Class B violations. Those violations were deemed not to pose an immediate threat or danger to the life, health, safety or welfare of the tenants. The Daltons made repairs necessary to bring the house into conformance with required regulations. When the inspector went to the house with the Daltons, he heard Mrs. Dalton say that the tenants were dirty people. That comment was overheard by Holder's daughter. The Daltons filed an eviction action against Holder, but that action was ultimately dismissed as a result of a settlement between the parties dated March 24, 2011. Pursuant to the settlement, the Daltons waived all back rent from Holder. However, Holder was to commence paying rent again as soon as the Daltons replaced the carpet over the area where mold had been found. The carpet was replaced on March 27, 2011. On or about April 11, 2011, Holder moved out of the house.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Verita Holder in its entirety. DONE AND ENTERED this 4th day of January, 2012, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th of January, 2012. 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 Hugh Dalton Betty Dalton Post Office Box 541564 Merritt Island, Florida 32954 Verita Holder Post Office Box 3032 Winter Haven, Florida 33885
The Issue Whether Respondent discriminated against Petitioner, Patricia McDonough, on the basis of her race, violating Subsections 760.23(1), (2), or (4), Florida Statutes (2002). If discriminatory conduct has been proven, whether quantifiable damages, or other allowable remedies, have been proven under Section 760.35(3)(b), Florida Statutes (2002).
Findings Of Fact Petitioner, Patricia McDonough, is a Caucasian female who, at one time, qualified for housing assistance under the Section 8 Rental Voucher (Voucher) Program and is a protected person under the FHA. Respondent, Osceola County Housing Authority, is a department of the Osceola County Board of County Commissioners, a political subdivision of the State of Florida, and is the local housing authority (HA) under the Federal FHA. In 1997, Petitioner participated in the Voucher program, which is administered by the United States Department of Housing and Urban Development (HUD). The Vouchers are portable, which allows a participant to move to another jurisdiction and request a transfer from one local HA to another. A portability packet of necessary paperwork is prepared by the originating HA and mailed directly to the receiving HA to facilitate the transfer and to prevent fraud. If the receiving HA accepts the transferred Voucher to administer, the originating HA pays the receiving HA 80 percent of the administrative fee it receives from HUD, in addition to the rental and utility assistance payments. Petitioner had a valid Voucher in 1997 that was administered at the local level by the Maryland Housing Opportunity Commission located at 10400 Detrick Avenue, Kensington, Maryland 20895 (Maryland). Petitioner requested Maryland to transfer her Voucher to the City of Kissimmee, Florida (Kissimmee), in 1997, which was the local HA for Osceola County, Florida, at that time. Kissimmee accepted the Maryland Voucher on August 28, 1997, and agreed to administer it on behalf of Maryland. Respondent assumed responsibility for the Voucher program from Kissimmee on October 1, 2000. From 1997 to the present, Kissimmee and Respondent contracted with HUD for a total of 193 Vouchers. This does not include any transferred Vouchers administered through the portability requirements of the HUD program. Kissimmee created a waiting list in 1998 that contained more than 500 names of eligible participants for the 193 Vouchers. The waiting list has not been reopened since it was created. The list was created and is administered in a nondiscriminatory and race-neutral manner by the HA. Respondent accepts and administers transferred Vouchers and currently administers in excess of 700 such Vouchers. A transferred Voucher does not affect the 193 contracted Vouchers. A participant must be recertified annually to keep one of the 193 Vouchers. As participants surrender one of these 193 Vouchers, a new participant is awarded the Voucher from Respondent's waiting list. As participants surrender one of the 700 transferred Vouchers, Respondent has no authority to award it to anyone, whether on the waiting list or not. Petitioner was never on Respondent's waiting list, since Petitioner's Voucher was a transferred Voucher from Maryland. On or about July 13, 2000, Petitioner requested Kissimmee to transfer her Voucher to the County of Fairfax, Department of Housing, Fairfax, Virginia (Virginia). Kissimmee prepared the transfer packet and mailed it to Virginia at Petitioner's request. Petitioner moved from Virginia back to Osceola County in early May 2001. Petitioner testified that when she moved back to Osceola County, she brought her paperwork with her. She then requested Respondent, in a letter dated May 10, 2001, to reinstate her transfer Voucher from Virginia. Petitioner testified that she included her paperwork with the letter. However, there is no credible evidence to support her position. Petitioner has not shown that she had a valid portable Voucher from another HA to transfer to Respondent when she returned from Virginia in May 2001, nor did she offer proof that she requested Virginia to mail her voucher and transfer request directly to Respondent, as HUD policy requires. Respondent has never received paperwork for a transfer Voucher for Petitioner from another jurisdiction, including Maryland or Virginia, after Kissimmee transferred Petitioner's Voucher to Virginia in 2000. Respondent cannot reinstate a Voucher from another HA. Respondent has policies and procedures in place to prevent racial discrimination. Respondent denied Petitioner's request based upon its policies and procedures. Respondent did not discriminate against Petitioner based upon her race. Petitioner is not eligible for one of the 193 Vouchers Respondent is contracted for through HUD. Respondent does not have any Vouchers available to award to Petitioner and has not reopened the waiting list since it was created in 1998. Petitioner has failed to produce any evidence that Respondent racially discriminated against her in regard to the administration of the Voucher program or failed to rent her a dwelling unit for which she was eligible.
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 4th day of March, 2004, 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 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of March, 2004. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Patricia McDonough 5121 Violet Lane Kissimmee, Florida 34758 Scott Polodna, Esquire Osceola County Housing Authority One Courthouse Square, Suite 4200 Kissimmee, Florida 34741 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issue is whether Respondents committed an act of discrimination based upon disability against Petitioner in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner claimed to be living in his grandfather’s condominium at Respondent, Oceana II North Oceanfront Condominium Association, Inc. (“Oceana II”), 9900 South Ocean Drive, Apartment 4, Jensen Beach, Florida 34957, pursuant to a month-to-month lease under which he paid $1,000.00 monthly. Petitioner neither produced a written lease nor provided testimony from his grandfather, the putative owner of the condominium, of the existence of such lease. Petitioner also offered no competent evidence (e.g., cancelled checks, receipts, etc.) that he had made any payments under the alleged lease, whether written or oral. At the time of hearing, Petitioner was living in Texas and had no immediate plans to return to Florida or his grandfather’s condominium. Oceana II is a condominium homeowners’ association created and authorized under chapter 718, Florida Statutes. Respondent, Tiffany Ferguson, is the community association manager for Oceana II and the corporate representative for Oceana II for purposes of this hearing. Petitioner testified that his claim of discrimination came about because his car was parked in a disabled space with an expired disability placard. He was informed by Respondents or their agents that his vehicle must be moved to a parking lot away from the entrance to the building in which he was staying. He claims to have told Respondents’ agents that he could not park that far away from “his” unit due to a disability. Petitioner presented no competent evidence that any fine or suspension was ever levied by Respondents on him. Petitioner presented no competent evidence that any of Petitioner’s vehicles were ever towed by Respondents. Petitioner presented no competent evidence that Respondents treated any other person outside of the protected class any more favorably than Petitioner was treated with respect to the rule requiring a current license plate. Petitioner brought several different vehicles, one of which had an expired Maryland tag, onto Oceana II’s premises. Despite the fact that he worked on many of these disabled vehicles, Petitioner presented no competent evidence that Respondents in any way caused Petitioner to purchase such vehicles, which may have needed repair or had issues obtaining a license plate. Petitioner presented no competent evidence that Petitioner attempted to purchase or lease a unit in the condominium and was denied by Respondents due to a disability. Petitioner presented no competent evidence that Petitioner had any lease at any time for his grandfather’s unit which Petitioner testified was a family vacation unit. Petitioner presented no competent evidence that Petitioner provided any information in response to Respondents’ request for information as to an alleged disability, the disability-related need for an accommodation, and how any accommodation was necessary to ameliorate any alleged disability. Petitioner admitted he received Respondents’ email which said no fines would be imposed. Petitioner admitted he received Respondents’ request for additional information to make a meaningful review from Respondents’ counsel. Petitioner admitted he refused to provide the additional information requested by Respondents (through counsel) to make a meaningful review of an accommodation request on October 20, 2020. Petitioner admitted he voluntarily removed the original vehicle (a Pontiac Sunbird) while it had a valid license plate. Petitioner admitted at hearing that he brought in other vehicles at a later time--a green van, a white Saturn, and a gray van--onto the property without plates on purpose to provoke a response and engineer a hearing under section 718.303(3)(b), which pertains to the rights and obligations of condominium associations in levying fines against owners or occupants. He was attempting to set up a claim by intentionally not showing license plates because he wanted a hearing. Petitioner admitted he never tried to register the green van or the gray van with the Florida Department of Motor Vehicles (“DMV”). Petitioner admitted the white Saturn has a current plate, not a Florida plate, and it is currently located in Texas. The white Saturn did not display a plate while on the condominium property. Petitioner admitted he refused to answer on Fifth Amendment grounds whether he ever displayed a plate on any of the vehicles. Petitioner admitted he left Florida in early February and lives in Texas, in San Marco near San Antonio. Petitioner could not renew the Maryland tag on the Sunbird because the VIN (vehicle identification number) on the registration was missing a digit, yet he admitted he has no evidence of any efforts to fix the VIN on the Sunbird with the Maryland DMV.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing Petitioner’s claim for relief, finding both that he has failed to make a prima facie case of housing discrimination and that, because he resides in Texas and has no ownership or legal claim to the condominium in Florida, his claim is moot. DONE AND ENTERED this 10th day of June, 2021, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 10th day of June, 2021. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 J. Henry Cartwright, Esquire Fox McCluskey Bush Robison, PLLC 3461 Southeast Willoughby Boulevard Post Office Drawer 6 Stuart, Florida 34995 John Sebastian Quick Apartment 4 9900 South Ocean Drive Jensen Beach, Florida 34957 Cheyanne M. Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
The Issue Whether Petitioners have been subjected to an unlawful housing practice by Respondents, as alleged in the Housing Discrimination Complaint filed by Petitioners on March 13, 2004.
Findings Of Fact Petitioners, Ingrid Gomez and Luis Moran, are married. They and their son moved into Coral Gardens Apartments in early 2000. Petitioners entered into a one-year lease on January 13, 2000. The lease was not renewed at the end of one year, and Petitioners, thereafter, lived in their apartment as month-to- month tenants. Coral Gardens Apartments is a 36-unit apartment complex located in Naples, Florida. Many of the residents are minorities. Respondent DeMarco Investments is the absentee owner of the complex, which is managed through a Fort Myers company called Services-Taylor Made, Inc. Respondents Jim and Judy Hill were hired to manage the complex in March 2003. At some point in June 2003, Ms. Hill sent a notice to all tenants that stated as follows, set forth verbatim:1/ Now we have [sic] ask you to please make sure that when you give your children snacks, drinks, or what ever [sic] to eat that you the parent would make sure your children discard the trash inside the unit or in the dumpster. Apparently this went in one ear and out the other. Now all unit [sic] has to suffer this price because no one wants to help keep the trash up by disposing of it yourself [sic]. The adults are getting just as bad. So every unit is going to pay an additional $35.00 a month trash clean up fee. You want to live trashy MOVE across the street. So when you pay your July Rent pay an extra $35.00 to pay for the person that has to clean up YOUR trash. I sent out letters to everyone that it was $25.00 and if it didn't improve I would raise it. Well I didn't inforced [sic] the $25.00 and it hasn't changed at all. So it [sic] in effect for sure now [sic]. YOU WILL PAY $35.00 WITH JULY'S RENT. Now you don't want to pay it next month then start picking up the TRASH! Also from now on you put furniture out at the dumpster it will cost you $50.00 first piece and $15.00 per piece after that. They charge me to come and get the stuff then I charge you. The camera's [sic] will be watching and don't get caught. I hate to inform all of you we are not the old managers, the old owners, the old maintenance personal [sic]. We are new and we are the LAW here. We are working to improve this place and if you can't help with keeping this place clean then I DON"T [sic] want to here [sic]. I AM NOT GOING TO LIVE IN A TRASHY PLACE! After receiving this notice, Mr. Moran and Mr. Novarro went to the manager's office to discuss the propriety of the proposed $35.00 trash pick-up fee. Mr. Moran stated to Ms. Hill that he believed an imposition of such a fee on tenants was against the law. Mr. Moran testified that Ms. Hill stated, "I am the law." Mr. Moran demanded that Ms. Hill give him the phone number of Mr. DeMarco. He told her, "I want to talk to the owner of the circus, not the clowns." Mr. Moran testified that at this point, Ms. Hill became apoplectic. She called Mr. Moran "a fucking nigger Latino." Mr. Novarro, whose English was very sketchy, confirmed that Ms. Hill used those words. Ms. Gomez, who speaks relatively fluent English, testified that on another occasion Ms. Hill stated that she was "tired of the fucking negros Latinos." This raised a question whether Ms. Hill also used the term "negros" in her confrontation with Mr. Moran and whether it became "nigger" only in the imperfect translation. In any event, Ms. Hill's use of the word "fucking" was unambiguous and certainly indicated a racial animus against Mr. Moran, who is indeed a black Latino. In a second notice to all tenants dated June 22, 2003, Ms. Hill acknowledged tenant complaints about the $35.00 fee. She had "consulted the Florida Landlord/Tenant Act and state officials in Tallahassee," and concluded that she was required to rescind the $35.00 trash fee. Thus, the controversial fee was never collected. Dennis Gomez, Petitioners' middle-school-aged son, testified that Ms. Hill told him she would pay him $5.00 per week to pick up trash on the property. Mr. Moran told Dennis not to accept, because tenants paid Ms. Hill $10.00 per month to clean up the property. Dennis testified that after he refused the offer, Ms. Hill told him that he had to pick up the trash anyway because he "was a slave." When Dennis asked why he was a slave, Ms. Hill stated that Dennis' father was a "nigger and a slave," and that made Dennis a "slave, too." Dennis Gomez' testimony is not credible. There is undoubtedly a kernel of truth in his story, but Dennis' obvious embellishments of his conversations with Ms. Hill render his testimony of doubtful probative value. At some point in June 2003, Ms. Hill served Petitioners with a seven-day notice to vacate the premises, because of her confrontation with Mr. Moran. However, the notice was never enforced and the Petitioners stayed on until August 1, 2003, when they voluntarily terminated their tenancy. There was a problem with the return of Petitioners' deposit. Ms. Gomez contacted Mr. DeMarco, who returned the deposit to Petitioners after a two-month delay caused by cash flow problems with his businesses. Mr. DeMarco credibly testified that he knew nothing of the controversy between Petitioners and Ms. Hill until he received the Housing Discrimination Complaint. His only contact with Petitioners was the telephone conversation with Ms. Gomez in August 2003 concerning the Petitioners' deposit. From the weight of the testimony, it is apparent that there was a great deal of animosity between Petitioners and the Hills. The notices authored by Ms. Hill were crude and insulting, but were not directed toward Petitioners in particular. There is credible evidence that on at least one occasion Ms. Hill uttered a derogatory and insulting racial comment to Mr. Moran. However, the record evidence does not demonstrate that Ms. Hill took any action against Petitioners on the basis of their race or familial status. The $35.00 trash fee notice was provided to all tenants. The fee itself was never collected. Petitioners were given a seven-day notice, but it was never enforced. Petitioners chose to vacate their tenancy. No adverse action whatever was taken against Petitioners. DeMarco Investments was unaware of the hostile situation between Petitioners and the Hills. Mr. DeMarco's delay in returning Petitioners' deposit was due to legitimate business reasons.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 8th day of September, 2004, in Tallahassee, Leon County, Florida. S LAWRENCE P. STEVENSON 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 8th day of September, 2004.
The Issue Whether Petitioner showed by a preponderance of the evidence that Respondent engaged in an unfair and discriminatory housing practice in violation of the Florida Fair Housing Act, section 760.20 et seq., Florida Statutes (2010).1/
Findings Of Fact Ms. Billingsley is an African-American woman; thus, a member of a protected class. The Housing Authority is a government entity of the City of Winter Park, Florida, that provides affordable, public assistance housing for elderly, disabled, and low-income families and individuals. Applicants for the public housing are required to fill out an application that requests information identifying the applicant's income source, Social Security number, addresses for the past five years, and the size of the apartment that the applicant is seeking to rent. The applicant is then placed on a waiting list for an available apartment. Generally, an applicant is informed that the wait for housing is between six to 12 months. The time on this waiting list can be affected by whether or not an applicant meets the criteria for a preference in granting the housing and transfers of existing tenants within the housing complex. Ms. Hinckley, the Housing Authority's executive director, credibly testified that the Housing Authority provides preferences for working families and families with disabled members. In order to qualify for a working-family preference, an applicant must have worked at least 20 hours a week for six of the last 12 months. Ms. Hinckley credibly explained that before an applicant is moved into a housing unit, the Housing Authority will conduct a home visit and verify the applicant's employment for the working preference. In addition to preferences, Ms. Hinckley explained that the amount of time an applicant is on the waiting list can be affected by transfers within the housing complex. The Housing Authority allows a family to transfer within the housing complex based on need, before accepting new families from the waiting list. For example, a family living in a two-bedroom apartment would be allowed to transfer to a larger three-bedroom apartment before an applicant from the waiting list would be allowed to move into the housing complex. On August 27, 2008, Ms. Billingsley applied with the Housing Authority for a three-bedroom apartment. She indicated in her application that she was eligible for the working-family preference. Ms. Billingsley was then placed on the waiting list and given a working-family preference. On June 2, 2009, Ms. Hinckley conducted the home visit with Ms. Billingsley concerning her application. Between December 2009 and Spring 2010, the Housing Authority began renovations of the rental unit bathrooms. During this time, the Housing Authority was unable to accommodate Ms. Billingsley for a three-bedroom apartment. Moreover, the Housing Authority honored transfers within the housing complex before offering Ms. Billingsley a housing unit. On April 9, 2010, the Housing Authority contacted Ms. Billingsley and informed her that a three-bedroom unit would be available in May of 2010. The Housing Authority then sought to verify Ms. Billingsley's working status. Unfortunately, Ms. Billingsley had recently been discharged from employment. The Housing Authority contacted Ms. Billingsley and asked her to provide proof of employment. On May 12, 2010, Ms. Billingsley informed the Housing Authority that she was not employed, but that she was looking for work. Based on the fact that Ms. Billingsley was not working at the time in late April 2010, she was no longer eligible for the working-family preference. As a result, the Housing Authority did not rent the available unit to Ms. Billingsley. Ms. Billingsley has not provided the Housing Authority with any subsequent proof of employment. Moreover, the Housing Authority has not been able to verify her recent claim that she has been employed by Toys-R-Us. Ms. Billingsley did not introduce any evidence, either direct or indirect, showing that the Housing Authority discriminated against her based on her race or that the Housing Authority had a racial preference for Hispanics.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing Petitioner, Fannie Billingsley's, Petition for Relief. DONE AND ENTERED this 21st day of March, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of March, 2011.
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.
