The Issue The issue is whether Respondent engaged in a discriminatory housing practice, within the meaning of and in violation of the Florida Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes (2005), by requiring Petitioners to submit a second application for the approval of a condominium purchase.
Findings Of Fact It is undisputed that Petitioner, Allan Kangas, has no handicap and is not a disabled person. At the conclusion of Petitioners' case-in-chief, Mr. Kangas testified that he has no handicap. The undersigned, sua sponte, entered an ore tenus order on the record dismissing the case brought by Mr. Kangas. Petitioner, Anna Kangas, is an elderly female and the mother of Mr. Allan Kangas and Mr. Sheldon Kangas, the latter being the representative in this proceeding for the named Petitioners. It is undisputed that Mr. Sheldon Kangas is not handicapped, but that Mrs. Kangas is handicapped, within the meaning of Section 760.22(7), Florida Statutes (2005), because of Alzheimer's disease. Respondent is a condominium association lawfully incorporated as a Florida corporation (Association). Respondent must operate in accordance with the Articles of Incorporation, By-Laws, and Declaration of Condominium (condominium documents). The condominium documents require the Association to approve each purchase of a condominium. On December 8, 2005, Mr. Sheldon Kangas and Mrs. Anna Kangas contracted with Ms. Mary Cox to purchase condominium unit 15, located at 23 Hatchett Creek Road. Ms. Cox is a real estate agent and a co-owner of unit 15. Ms. Cox notified Ms. Pat Williamson, Association Secretary, of the prospective purchase. For the reasons stated herein, Respondent did not discriminate against the prospective purchasers, but approved the purchase of condominium unit 18 in a timely manner after the purchasers changed their purchase contract from unit 15 to unit 18. The prospective purchasers completed an application for approval of the purchase of unit 15 sometime between December 8 and 10, 2005. The Association conducted a meeting to approve the proposed purchase on December 10, 2005. During the meeting on December 10, 2005, the purchasers informed the Association that they wished to purchase unit 18, located at 29 Hatchett Creek Road, rather than unit 15. Unit 18 was owned by Mr. Brian Isaac. Ms. Cox did not object to releasing the purchasers from the contract for the purchase of unit 15. The Association informed the purchasers that a new application for unit 18 would be required. The purchasers completed a new application under protest. At a meeting conducted on January 3, 2006, the Association approved the application for the purchase of unit 18. The purchase of unit 18 closed on January 25, 2006. The purchasers seek reimbursement of living expenses incurred for hotel rooms and meals during the delay caused by the requirement for a second application. The purchasers are not entitled to reimbursement. The purchase of unit 18 was the first time the Association had required a second application. However, it was also the first time a purchaser had changed his or her choice of units after submitting an application. The Association did not discriminate against Mrs. Kangas because of her handicap. The record evidence contains no justifiable issue of law or fact to support the alleged discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 2nd day of January 2007, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January 2007. COPIES FURNISHED: Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 David G. Muller, Esquire Becker & Poliakoff, P.A. 630 South Orange Avenue, Third Floor Sarasota, Florida 34236 Shelden Kangas Allan Kangas 4578 Manor Drive Sarasota, Florida 34233
Findings Of Fact Based on the undisputed facts included in pleadings filed in this proceeding and on the documentary evidence attached to the Association's Renewed Motion to Dismiss, the following findings of fact are made: On or about April 16, 1999, Ms. Thornhill filed a complaint with the Department of Housing and Urban Development, in which she accused the Association of housing discrimination on the basis of handicap and coercion. The complaint was apparently based on the Association's attempts to make Ms. Thornhill remove a set of steps leading from the terrace of her apartment. In June 1999, the Association filed a civil lawsuit against Ms. Thornhill in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, styled Admiral Farragut Condominium Association v. Maria Thornhill, Case No. 99-15567 CA 22. On or about September 21, 1999, Ms. Thornhill, through her attorney, filed Defendant, Maria Thornhill's Answer to Complaint. Included in the answer was a Counterclaim filed by Ms. Thornhill, through her attorney, against the Association, in which she sought injunctive relief and damages against the Association pursuant to Section 760.35(1) and (2), Florida Statutes. 1/ She asserted in the Counterclaim that she had filed a discrimination complaint against the Association with the Department of Housing and Urban Development, which had been referred to the Commission and that this complaint was still pending before the Commission. Ms. Thornhill alleged in the Counterclaim that the Association had engaged in housing discrimination against her on the basis of her handicap because it had refused to accommodate her disability by giving her permission to retain the steps she had installed leading from the terrace of her apartment. Ms. Thornhill also alleged that the Association had "authorized or acquiesced in a series of actions intended as harassment and retribution" against Ms. Thornhill for having filed a housing discrimination complaint. The factual and legal bases on which Ms. Thornhill requests relief in the Petition for Relief filed with the Commission and in the Counterclaim filed in circuit court are virtually identical.
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 administrative complaint filed by Maria T. Thornhill to enforce rights granted by the Florida Fair Housing Act, Sections 760.30 through 760.37, Florida Statutes. DONE AND ENTERED this 7th day of November, 2000, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO 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 7th day of November, 2000.
The Issue Whether Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with her dwelling based on her race or handicap, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioner is a 51-year-old black female who relocated to Leesburg, Florida, from Port Chester, New York, in February 2012. Respondent, Richman Property Services, Inc., is the corporate owner/manager of Laurel Oaks Apartments (Laurel Oaks) located at 131 Bayou Circle in Leesburg, Florida. Amy Lewis is the Community Manager of Laurel Oaks. Petitioner rented a two-bedroom apartment unit from Respondent from February 24, 2012, until she moved to Orlando, Florida, on December 3, 2012. Petitioner?s daughter, Sushon Dillard, occupied the apartment with Petitioner during her tenancy at Laurel Oaks. Petitioner spoke with Ms. Lewis via telephone to inquire regarding the availability of a unit at Laurel Oaks while Petitioner was still residing out of state. Petitioner applied for tenancy at Laurel Oaks by faxing her application to Ms. Lewis. Petitioner?s application was accompanied by a copy of her award letter documenting Social Security Disability Insurance (SSDI) payments as proof of income. On February 24, 2012, Petitioner signed a lease for Laurel Oaks unit #103, paid a security deposit, and moved into the unit. Petitioner has a current clinical diagnosis of “schizophrenia, paranoid.” She also claims to be diagnosed bi- polar with Tourrete?s Syndrome. While Petitioner presented no documentation of the additional diagnosis, her testimony on this issue is credible and is accepted by the undersigned. Petitioner was first hospitalized for treatment of an unspecified mental illness at Bellevue Hospital in New York in 1982. She apparently lived without significant incident for the next 26 years. Petitioner had a “breakdown” in 2008, while living in Arizona, and another “breakdown” that same year in New York, for which she was hospitalized at Greenwich Hospital in Connecticut, and later transferred to Stamford Hospital in Connecticut. Petitioner reports that since April 2008, she has “spent time in numerous mental institutions in Arizona, Florida, Georgia, Maryland and New York.” Petitioner?s most recent incident occurred in August 2012, while she was living at Laurel Oaks. She was taken by police to a local facility named “Life Stream” where she was treated for a number of days, then returned home to her apartment at Laurel Oaks with her daughter. Petitioner appeared calm and controlled at the final hearing. She testified that she is taking her medications and doing very well. Petitioner claims that when she moved into the unit at Laurel Oaks, it was not cleaned, was “infested with dead roaches,” and the washing machine was filthy. Petitioner?s daughter testified there were dead roaches even in the dishwasher. Petitioner also bases her allegation of discrimination on Respondent?s accusation in April 2012, that Petitioner had not paid a $300 security deposit prior to occupying her apartment. When Petitioner paid her April rent, Trifonia Bradley, an employee in the office at Laurel Oaks, informed Petitioner she still owed a $300 security deposit. Petitioner responded that she had paid the deposit on February 24, 2012. Although the evidence was not clear as to the specific date, Petitioner later met with Ms. Bradley and brought in her receipt showing the $300 had been paid in February. After that meeting, Petitioner received a phone call from Ms. Lewis apologizing for the error and stating something to the effect of “we are all good.” Petitioner believes Respondent was attempting to take advantage of her disability and trick her into paying the deposit again. At final hearing, Petitioner and her daughter presented evidence and testimony regarding additional alleged discriminatory acts by Respondent. Petitioner alleged that someone employed by, or otherwise acting on behalf of Respondent, sabotaged her automobile; harassed her by requesting her daughter fill out a separate rental application in order to live with her; harassed Petitioner about her request for accommodation based on her disability and claimed she had not demonstrated that she was disabled under the Americans with Disabilities Act; threatened to tow away her car because it was inoperable; and stole money from her apartment. Each of these additional alleged acts occurred after September 21, 2012, the date on which FCHR issued its determination of no cause, and was not investigated by FCHR. Petitioner is intelligent and articulate. Her exhibits were well-organized and contained copious documentation of the alleged discriminatory acts occurring after September 21, 2012. Her documentation included correspondence with Laurel Oaks? management, notices which were posted on the apartment door, copies of numerous forms and applications, and a police report. In contrast, Petitioner offered no tangible evidence regarding the condition of the property upon occupancy other than her testimony, which was not persuasive. She introduced no photographs, no written complaint, and no correspondence with the manager or other employees of Laurel Oaks regarding the condition of the apartment. In fact, she offered no evidence that she brought the condition of the unit to the attention of Laurel Oaks? management. Given the totality of the evidence, including the demeanor of the Petitioner and Ms. Dillard, the undersigned finds that either the unit was not unclean or Petitioner did not bring the condition of the unit to the attention of Laurel Oaks upon occupying the unit. Further, the undersigned finds that Laurel Oaks erroneously requested the security deposit in April 2012, and corrected the error after reviewing Petitioner?s documentation. The mistake was not an act of discrimination based either on race or disability.2/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing the Petition for Relief filed in FCHR No. 2012H0289. DONE AND ENTERED this 27th day of December, 2012, in Tallahassee, Leon County, Florida. S Suzanne Van Wyk Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of December, 2012.
The Issue The issue is whether Respondent committed an act of discrimination against Petitioner in violation of the Florida Fair Housing Act.
Findings Of Fact Respondent, Deland Housing Authority, is a “public housing authority” as defined by the United States Department of Housing and Urban Development, serving the City of Deland, Florida, and surrounding areas, which is where Petitioner resides and receives housing benefits. Petitioner, Charlene Cintron, is a recipient of housing benefits from Respondent, in the form of a housing choice voucher, which allows her to receive housing at a reduced or subsidized rate, also known as “Section 8 Housing.” On July 30, 2015, Petitioner filed a complaint with FCHR, alleging that a discriminatory housing practice had been committed by Respondent through its denial of an accommodation for Petitioner’s nine-year-old daughter’s disability. On November 16, 2015, FCHR issued a Notice of Determination of No Cause dismissing the complaint of discrimination. Petitioner timely filed a Petition for Relief dated December 2, 2015, alleging that Respondent had failed to provide her daughter, Chevonne Barton, a reasonable accommodation in the form of a housing voucher for a four-bedroom unit. After the matter had been referred to DOAH, Petitioner filed an Amended Petition for Relief in which she specified that the discriminatory act committed by Respondent was “the DELAY for not issuing a four-bedroom voucher in regards to a Reasonable Accommodation for my minor daughter C.E.B. [Chevonne E. Barton].” Petitioner alleged that Respondent was responsible for discriminatory terms, conditions, privileges, or services and facilities, including the failure to make reasonable accommodation for her minor daughter as the result of a handicap. She alleged that the discrimination began on October 23, 2014, and is continuing. Petitioner alleged that Respondent’s actions would constitute a violation of sections 804(b) or (f) and 804(f)(3)(B) of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988. The evidence showed that Respondent received three separate requests from Petitioner: on December 16, 2013, requesting her own bedroom due to her disabilities; on September 4, 2014, requesting an additional bedroom, as medically needed for her disabled daughter, Chevonne Barton; and on November 1, 2014, requesting a separate bedroom for her adult daughter, Jolene Barton, based upon her needing privacy following a sexual battery she suffered while she was still in high school. Following these requests, on November 25, 2014, Respondent wrote Petitioner a letter stating, “This letter is to notify you that you have been approved for an additional bedroom for Jolene Barton; however, this approval will only benefit you when and/or if you move to a four bedroom unit.” Neither party disputes or denies that Petitioner provided the three written requests for reasonable accommodations, including the request that Petitioner’s daughter, Chevonne Barton, have an additional bedroom as “medically needed” to provide her sufficient room for her exercise and physical therapy equipment. The evidence revealed that Respondent granted each of Petitioner’s requests for reasonable accommodation. On December 1, 2013, Petitioner moved into a three-bedroom unit located at 613 Anderson Drive, Deltona, Florida. At the time, Petitioner’s household consisted of four people: herself; her 18-year-old daughter, Jolene Barton; her eight-year-old daughter, Chevonne Barton; and her five-year-old daughter, Janessa Barton. Prior to moving into the three-bedroom unit, Petitioner had been given the option of moving into either a three- or four-bedroom unit. Petitioner chose the three-bedroom unit “as that is all my family requires to live on section 8 a room for myself a disabled adult, a room for my 18 year old adult daughter, and one room for my two children ages 8 and 5 years old.” Pursuant to section 5-II.B of Respondent’s Housing Choice Voucher Administrative Plan (the Plan), Respondent determines the appropriate number of bedrooms under the subsidy standards and enters the family unit size on the voucher that is issued to the family. However, “[t]he family unit size does not dictate the size of unit the family must actually lease, nor does it determine who within the household will share a bedroom/sleeping room.” Nonetheless, when determining the family unit size, the “subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding. The living room considered [sic] a sleeping room per 24 CFR 982.402.” Respondent “will assign one bedroom for each two persons within a household. . . . Two heartbeats per bedroom/sleeping area. 24 CFR 982.402.” Petitioner was expressly notified of the “two heartbeats per bedroom” in an email dated December 18, 2013. The Plan also provides that Respondent must use the “Voucher Size” chart when determining the appropriate voucher size. That chart provides that when four persons are in the household, the appropriate voucher size is two bedrooms. Despite the policies established by the Plan, a family may request a reasonable accommodation in writing. The evidence shows that Petitioner made several requests for reasonable accommodations, all of which were granted by Respondent. Soon after Petitioner and her daughters moved into the three-bedroom unit on Anderson Drive, Petitioner requested a reasonable accommodation on December 16, 2013. Specifically, Petitioner requested her own bedroom due to her statement that she suffered from “back issues; I am bipolar. I require my own bedroom – not to be shared with my 18-year-old daughter.” Shortly thereafter, on January 3, 2014, Respondent approved Petitioner’s request for her own bedroom. In that approval letter, Respondent stated that Petitioner was approved for an “additional bedroom.” The letter noted that Petitioner was already receiving credit for a three-bedroom unit and, accordingly, would not have to move to benefit from Respondent’s approval. Petitioner now had a bedroom for herself, and her three daughters had two bedrooms to share, which complied with Respondent’s policy of “two heartbeats per bedroom,” not taking the living area into consideration. Thereafter, on September 9, 2014, Petitioner requested a reasonable accommodation for her minor daughter, Chevonne Barton. Specifically, Petitioner requested a “bedroom (extra) for Chevonne.” That same day, Respondent issued its approval for an “Additional Bedroom – Medically Needed for Chevonne E. Barton.” Petitioner now had a bedroom for herself, a bedroom for Chevonne, and a bedroom for her two other daughters to share pursuant to the “two heartbeats per bedroom” (again not taking into consideration the living area that also was available to Petitioner). Based upon an email dated October 18, 2014, Petitioner informed Respondent she was looking for a four-bedroom unit. She further stated that she was aware of the moving process, that she understood she must let Respondent know of her intent to move, and that she must give her landlord 30-days’ notice. She also asked how much the four-bedroom voucher would pay. Respondent replied to the October 18 email on October 23, 2014, by stating “[y]ou only have a 3 bedroom voucher. Reasonable Accommodation for you and Chevonne. Then a bedroom for Jolene and Janessa. A 3 bedroom voucher is about $875.00.” Petitioner responded that same day, confirming she has a three-bedroom voucher; however, she believed that the reasonable accommodation for Chevonne would provide her with a four-bedroom unit. This email exchange is the basis for Petitioner’s claim that her reasonable accommodation for Chevonne had not been honored. Shortly after this email exchange, on November 1, 2014, Petitioner requested reasonable accommodation for her adult daughter, Jolene Barton. Specifically, Petitioner requested that Jolene be provided with her own bedroom due to her status as a victim of sexual battery. On November 25, 2014, Respondent approved the request for an “Additional Bedroom” for Jolene Barton. Upon the approval of the request for reasonable accommodation for Jolene Barton, the testimony is undisputed, and the parties agree that Respondent at that time had approved Petitioner for a four-bedroom unit as the result of the reasonable accommodations that had been given to Petitioner, her minor disabled daughter (Chevonne Barton), and her adult daughter (Jolene Barton), which left the youngest daughter, Janessa Barton, in a room by herself. In order to further clarify matters, Respondent wrote to Petitioner, on November 25, 2014, explaining what Petitioner must do in order to receive the benefit of the four-bedroom voucher while she was still living in the three-bedroom unit. The letter stated, in relevant part: [Y]ou have been approved for an additional bedroom for Jolene Barton; however, this approval will only benefit you when and/or if you move to a four bedroom unit. If you wish to move (since the extension of the lease shows it is month to month, copy provided 9/11/2014 from Benjamin Pinson shows you both agreed to this), you must give a proper 30-day notice and provide us a copy. You will be required to come to the office (with an appointment) to complete and sign forms needed to process a unit transfer. If you wish to move out of our jurisdiction, you will need to complete a request for portability form stating the agency name and contact information. As of the date of the hearing, and despite the clear direction provided by Respondent in the November 25, 2014, letter, Petitioner voluntarily continues to remain in the three-bedroom unit at 613 Anderson Drive. Respondent has made clear the fact that it will not issue a voucher for a four- bedroom unit until Petitioner fully complies with the requirements of the Plan as reiterated in the November 25, 2014, letter. At hearing, Respondent confirmed that it remains willing to move Petitioner to a four-bedroom unit upon completion of the documentation necessary for transfer. In fact, Petitioner disclosed at the hearing that she had requested the paperwork for a transfer to a property within the jurisdiction of the Ormond Beach Housing Authority. Upon receiving the request to transfer from Petitioner, Respondent sent the moving paperwork to Petitioner, asking her to complete that paperwork in order to move to a new four-bedroom unit. At hearing, Petitioner admitted she had neither completed the required paperwork to move to Ormond Beach, nor had she notified her landlord of her intent to move in 30 days. By not having taken the required steps to move from a three-bedroom unit to a four-bedroom unit, Petitioner has voluntarily chosen to remain in her three-bedroom unit. The credible evidence does not support her contention that Respondent has prevented Petitioner and her family from moving to a four-bedroom unit.
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 determining that no act of housing discrimination was committed by Respondent and dismissing the Petition for Relief. DONE AND ENTERED this 7th day of June, 2016, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 June, 2016. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed) Charlene Cintron 613 Anderson Drive Deltona, Florida 32725 (eServed) Rachael Spring Loukonen, Director Cohen & Grigsby, P.C. 9110 Strada Place, Suite 6200 Naples, Florida 34108 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed)
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 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 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 The issue in this case is whether Respondents unlawfully discriminated against Petitioner on the basis of her race, religion, or disability in violation of the Florida Fair Housing Act.
Findings Of Fact Parklife is the owner of a mobile home community known as St. Lucie Mobile Village (the “Village”), which comprises approximately 220 homes. For the last 21 years, McGrath has leased a lot in the Village, upon which her double-wide mobile home sits. She is a white woman, approximately 60 years old, who claims to suffer from post-traumatic stress disorder (“PTSD”) and other unspecified anxiety disorders, and to be a practicing Jehovah’s Witness. This is a case of alleged housing discrimination brought under Florida’s Fair Housing Act (the “Act”). McGrath alleges that Parklife has discriminated against her in several ways, which can be classified as selective enforcement, disparate treatment, and retaliation. Specifically, McGrath alleges that Parklife required her to upgrade the skirting around, and also to re-level, her home, while excusing other (predominately Hispanic) residents, whose homes were in comparable condition, from making similar improvements. McGrath alleges that Parklife issued warnings to her for violating the “two vehicle” rule, while allowing other (predominately Hispanic) residents to keep three or more cars on their lots. She alleges that Parklife permitted Hispanic residents to shoot off fireworks and make noise in violation of park rules, depriving her of the peaceful enjoyment of her premises. Finally, McGrath alleges that Parklife commenced a retaliatory eviction proceeding against her for being a whistle blower. McGrath does not dispute that her home needed new skirting and to be leveled, and she admits having violated the two vehicle rule. She claims, nevertheless, that Parklife took action against her on the basis of her race (white), religion (Jehovah’s Witness), disability (PTSD), or some combination of these, as shown by its more lenient treatment of residents outside the protected categories. McGrath’s allegations are legally sufficient to state a claim of housing discrimination. That is, if McGrath were able to prove the facts she has alleged, she would be entitled to relief. She failed, however, to present sufficient, persuasive evidence in support of the charges. It is not that there is no evidence behind McGrath’s claims. She and her witness, Kassandra Rosa, testified that other residents have violated park rules regarding skirting, leveling, and allowable vehicles––seemingly without consequence. To determine whether the circumstances of these other residents were truly comparable to McGrath’s, however, so as to conclude that she was singled out for different treatment, requires more information than the evidence affords. Taken together, McGraths’s testimony and that of Ms. Rosa was simply too vague and lacking in relevant detail to support findings of disparate treatment or selective enforcement on the basis of race, religion, or handicap. Indeed, the persuasive evidence fails to establish that Parklife declined to take appropriate action with regard to similarly-situated violators, or that it otherwise condoned, or acquiesced to, the rulebreaking of such residents. At most, the evidence shows that other residents violated the same rules as McGrath––not that they got off scot-free, which is a different matter. As for the eviction proceeding, which was pending in county court at the time of the final hearing, there is insufficient evidence (if any) to support McGrath’s contention that Parklife is retaliating against her or using the legal process as a pretext for unlawfully depriving her of a dwelling in violation of the Act. In terms of timing, Parklife initiated the eviction proceeding before it became aware that McGrath had filed a complaint of housing discrimination, which tends to undermine the assertion that the eviction was brought to retaliate against McGrath for exercising her rights under the Act. More important is that Parklife has articulated and proved nondiscriminatory grounds for seeking to terminate McGrath’s lease. Residents have complained to the Village’s management that McGrath has harassed her neighbors at various times, in various ways. While there is insufficient nonhearsay evidence in the instant record for the undersigned to make findings as to whether McGrath did, in fact, harass other residents in violation of park rules, Parklife proved by a preponderance of the competent substantial evidence that it was on notice of such alleged misconduct on McGrath’s part. The fact that Parklife had such notice is sufficient to show that its bringing an action to evict McGrath was not merely a pretext for unlawful discrimination against her. Of course, the question of whether Parklife is entitled to terminate McGrath’s tenancy is one that need not, and cannot, be decided in this proceeding. It is determined as a matter of ultimate fact that McGrath has failed to establish by the greater weight of the evidence that Parklife or any of the Respondents, jointly or severally, committed an unlawful housing practice.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order finding Parklife not liable for housing discrimination and awarding McGrath no relief. DONE AND ENTERED this 2nd day of November, 2020, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of November, 2020. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Laney H. McGrath 11500 Southwest Kanner Highway, Lot 317 Indiantown, Florida 34956 (eServed) Teresa Schenk St. Lucie Village Parklife, LLC 11500 Southwest Kanner Highway Indiantown, Florida 34956 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed)
The Issue The issue in this case is whether Respondent, Community Housing Initiative, Inc. (Respondent), committed a discriminatory housing practice against Petitioner, Karen Lee Krason (Petitioner), in violation of Chapter 760, Florida Statutes (2008).
Findings Of Fact On or about June 11, 2009, Petitioner filed a Housing Discrimination Complaint with the Commission. Pursuant to the Commission's procedure, an investigation of the matter was completed that resulted in a Notice of Determination of No Cause. Essentially, the Commission found that based upon the allegations raised by Petitioner there was no cause from which it could be found that Respondent had violated the Florida Fair Housing Act. Thereafter, Petitioner elected to file a Petition for Relief to challenge the determination and to seek relief against Respondent for the alleged violation. The Commission then forwarded the matter to DOAH for formal proceedings. DOAH issued a Notice of Hearing that was provided to all parties at their addresses of record. The postal service did not return the notices as undelivered. It is presumed the parties received notice of the hearing date, time, and location. Petitioner did not appear at the hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Florida Commission on Human Relations enter a final order dismissing Petitioner's claim of discrimination. DONE AND ENTERED this 4th day of February, 2010, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 day of February, 2010. COPIES FURNISHED: Karen Lee Krason 1715 Erin Court Northeast Palm Bay, Florida 32905 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 COPIES FURNISHED BY CERTIFIED MAIL Nicole Tenpenny, Registered Agent Community Housing Initiative, Inc. 3033 College Wood Drive Melbourne, Florida 32941 (Certified No. 91 7108 2133 3935 7995 3000) Nicole Tenpenny, Registered Agent Community Housing Initiative, Inc. Post Office Box 410522 Melbourne, Florida 32941-0522 (Certified No. 91 7108 2133 3935 7995 2997) Michael Rogers, Officer/Director Community Housing Initiative, Inc. 1890 Palm Bay Road, Northeast Palm Bay, Florida 32905 (Certified No. 91 7108 2133 3935 7995 2980)
The Issue Whether Respondent committed a discriminatory act based on Petitioner's disability, in violation of the Fair Housing Act.
Findings Of Fact Ms. Prado rented an apartment using a Housing Choice Voucher in Miami, Florida. Florida Quadel entered into a contract with Miami-Dade County in 2009. Florida Quadel, pursuant to this contract, administers the Housing Choice Voucher Program on behalf of the County. During a routine quality control review of the program's files, Ms. Prado's file was randomly selected for a more in-depth quality control review. A review of the file revealed that Ms. Prado was a single individual residing in a two-bedroom apartment, utilizing a voucher that allowed for a two-bedroom unit. There was insufficient documentation in the file to justify the need for a two-bedroom unit; therefore, paperwork requesting a reasonable accommodation was forwarded to Ms. Prado for completion. The paperwork required that Ms. Prado's health care provider indicate the medical necessity for any reasonable accommodation being requested. Ms. Prado's health care physician did not provide a statement of medical necessity for the second bedroom; therefore, Quadel made numerous additional requests for the physician to provide the necessary statement. The physician never made such a statement. Quadel then conducted an on-site inspection of the dwelling. During this inspection, Ms. Prado told the inspector that the second bedroom was used for guests. There was no indication during the inspection that a second bedroom was for housing Ms. Prado's medical equipment. Ms. Prado's voucher was amended from a two-bedroom voucher, to a one-bedroom voucher. This amendment did not require that Ms. Prado vacate the two-bedroom unit, but it did reduce the amount of subsidy Ms. Prado received. Ms. Prado filed a grievance as to this determination. At the grievance committee meeting, Ms. Prado stated that she slept in one bedroom, and the other bedroom was used when her daughter and husband visited and spent the night. Based on the absence of any documentation indicating the medical necessity of a second bedroom, coupled with Ms. Prado's own statements to Quadel, the grievance was denied. Ms. Prado then filed a complaint of discrimination with the Florida Commission on Human Relations. Ms. Prado presented no evidence of discrimination in the housing decision. Quadel's decision to amend the voucher from a two-bedroom unit to a one-bedroom unit was based on legitimate, non-discriminatory reasons.
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 determining that Respondent did not commit a discriminatory housing practice based on Ms. Prado's disability. DONE AND ENTERED this 18th day of February, 2013, in Tallahassee, Leon County, Florida. S JESSICA E. VARN 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 18th day of February, 2013.
