The Issue Whether Respondent unlawfully discriminated against Petitioner by failing to reasonably accommodate her handicap, in violation of Florida?s Fair Housing Act.
Findings Of Fact Petitioner is the owner of Unit No. 710 (“Unit”) in the Sixth Moorings Condominium, located in Miami, Florida. Petitioner lived there for approximately 11 years. She is not currently living in the Unit. Respondent is the condominium association responsible for the operation and management of the Sixth Moorings Condominium. In early 2010, Petitioner suffered a stroke and underwent heart surgery. It is undisputed that as a result of her illness, Petitioner is “handicapped” for purposes of the Fair Housing Act.4/ Petitioner spent several months in hospitals and nursing homes recovering from her stroke and surgeries. When she was released from these facilities, she did not resume living in the Unit. She testified that this was because she could not go up a curb or steps, and because the condominium?s elevator frequently was out of order.5/ She moved into a ground floor apartment a few blocks away from the Sixth Moorings Condominium. Petitioner is not able to perform many basic tasks, such as grocery shopping, driving, cleaning her apartment, taking out the garbage, or retrieving her mail. Consequently, she decided to invite her nephew, Charles Alsberg, to move into the Unit, where he would be only a few minutes away from the apartment in which she was residing, and thus could serve as her caretaker. Alsberg moved into the Unit in or around August 2010. Petitioner did not reside in the Unit with Alsberg. She testified that even though he is a family member, she would not live in the Unit with him because she is “an elderly woman from a different generation and [she] would not live with a young man unless he was [her] biological son.” In late 2010, Respondent?s President, John Koble, contacted Petitioner about Alsberg living in her Unit. Petitioner asked Koble to allow Alsberg to reside in the Unit so that he could serve as her caretaker, but Koble told her that because she was not residing there, Alsberg was considered an unauthorized guest in violation of the condominium?s restrictive covenants, and that he therefore must move out. Nonetheless, Alsberg continued to reside in the Unit for several more months, until he became ill and was hospitalized. Following his release in August 2011, Alsberg returned to live in the Unit. At this point, Respondent——this time, through counsel——sent Petitioner a letter stating that she was violating the restrictive covenant prohibiting unauthorized guests, and demanding that Alsberg vacate the unit. On September 13, 2011, Petitioner?s attorney sent a response letter requesting that, due to restrictions on Alsberg?s activity as a result of his illness, he be allowed to remain in the Unit for approximately 60 days. By correspondence dated September 15, 2011, Respondent agreed to allow Alsberg to remain in the Unit through November 12, 2011. At hearing, Petitioner acknowledged that Respondent granted her request to allow Alsberg to stay there during his recuperation. Notwithstanding this agreement, Alsberg did not vacate the Unit until sometime in early 2012, several months after the November 12, 2011 deadline. During this time, Respondent sent numerous pieces of correspondence that Petitioner characterized as “harassing” and “threatening,” regarding enforcement of the condominium?s covenants and rules. Alsberg finally vacated the Unit after Respondent sent a “final notice” letter. Currently, Alsberg is residing in an apartment approximately four blocks from Petitioner?s apartment and is serving as her caretaker. Koble testified that he was sympathetic to Petitioner?s circumstances, but it was imperative that Respondent consistently enforce the restrictive covenants for the benefit of all unit owners. Koble noted that other unit owners also wanted to allow unauthorized guests to live in their units, and that if Respondent relaxed enforcement of the covenant for Petitioner, it would be forced to do so for others. The undersigned credits this testimony. Koble also testified, credibly, that if Petitioner were residing in her unit, Respondent would have granted an accommodation of the covenant to allow Alsberg to live there for the purpose of serving as her caretaker.6/ The evidence establishes that Petitioner did not request any accommodation from Respondent that was necessary for her equal opportunity to use and enjoy the Unit; rather, the purpose of Petitioner?s request that Respondent not enforce the restrictive covenant against her was to enable her nephew to live in the 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 finding no unlawful discrimination by Respondent and dismissing the Petition for Relief. DONE AND ENTERED this 29th day of May, 2012, in Tallahassee, Leon County, Florida. S CATHY M. SELLERS 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 May, 2012.
The Issue Whether Petitioner Robert Cowden was the subject of housing discrimination by Respondents based on Mr. Cowden's physical handicap, in violation of Florida's Fair Housing Act.
Findings Of Fact Petitioner has AIDS, which qualifies him as a person with a handicap under state and federal fair housing laws. Petitioner's mother, Alice Cowden, is a resident of King's Gate Club in Venice, Florida. Charles Clotfelter is the general manager of King's Gate Club. King's Gate Club is an adult mobile home community operated by King's Gate Club, Inc. The Articles of Incorporation for King's Gate Club, Inc., specify that permanent occupants shall be 55 years old or older. No permanent occupancy is permitted for persons under the age of 55 unless an exemption is granted at the sole discretion of the board of directors and only if granting the exemption will not result in less than 80 percent of the mobile homes in the community having at least one resident aged 55 or older. The rules of King's Gate Club require residents to limit visits by adult guests under age 55 to a maximum of 120 days within any consecutive 12-month period. Petitioner is an adult, but less than 55 years old. In 2005 and 2006, Petitioner was a frequent visitor at his mother's home in King's Gate Club. Several times in 2006, Respondents informed Petitioner's mother that Petitioner's visits had exceeded the community's visitation rule. Mr. Clotfelter, the manager of King's Gate Club, also discussed the visitation rule issue with Petitioner. On May 7, 2006, Mr. Clotfelter sent a letter to Ms. Cowden requesting that Petitioner either vacate the premises or become a member of King's Gate Club. As a member, Petitioner would not be subject to the visitation rule. Becoming a member requires a $120 application fee and includes a "background check." In June 2006, Petitioner first informed Mr. Clotfelter that Petitioner had AIDS. On July 13, 2006, a certified letter was sent to Ms. Cowden by Harlan Domber, the attorney for King's Gate Club, Inc., informing her that Petitioner's visits exceeded the limits stated in the rules. Mr. Domber advised Ms. Cowden that Petitioner must vacate her premises or she and Petitioner must apply to make Petitioner a co-owner of the mobile home. Instead, Petitioner responded by filing a complaint with the Commission. Petitioner claims that Respondents were required to allow him to visit his mother at King's Gate Club as often as he wanted as a reasonable accommodation for his disability. Petitioner testified that he takes medications and receives treatments for his AIDS, but that he has no physical limitation that requires him to use any assistive device, such as a wheelchair, or assistive technology. He also testified that he does not need the care of his mother for his disability. Petitioner never requested that King's Gate Club provide any particular accommodation for his disability. Based on his understanding of the fair housing laws, Petitioner assumed that when he informed Mr. Clotfelter that he had AIDS, Mr. Clotfelter would understand that King's Gate Club could not require Petitioner to comply with the visitation rule. As explained in the Conclusions of Law, Petitioner's understanding of the law was mistaken. Nevertheless, following Petitioner's complaint to the Commission, the board of directors of King's Gate Club decided not to enforce its visitation rule against Petitioner, and he now visits his mother at King's Gate Club as often as he wishes. This action by the board does not make the case moot, however, because the board could change its position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Relief be dismissed. DONE AND ENTERED this 5th day of June, 2007, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER 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 5th day of June, 2007.
The Issue The issue is whether Respondent violated the provisions of Florida’s Fair Housing Act, Section 760.20-760.37, Florida Statutes (2002) (the Fair Housing Act), by evicting Petitioners and thereby allegedly breaching a rental agreement, as more fully described in the Petition for Relief. (References to statutory sections and chapters are to Florida Statutes (2002.)
Findings Of Fact Petitioners are Hispanic. The parties agree that Mrs. Villamizar is handicapped by a mental disability of an undocumented nature. Respondent works full-time as a fireman, and he has managed real estate on a part-time basis for over 15 years. Sometime in August, 2001, Petitioners rented an apartment from Respondent pursuant to a verbal rental agreement. The apartment is identified in the record as Apartment 5 (the apartment). The apartment is one of several in a building located at 1484 Northwest 15th Avenue, Miami, Florida 33125 (the building). Petitioners rented the apartment in conjunction with a rent subsidy program administered by Volunteers of America. Petitioners resided in the apartment as their primary residence until approximately February 23, 2003. At that time, Respondent evicted Petitioners pursuant to a court order issued by the County Court In and For Dade County, Florida (the County Court). Respondent evicted Petitioners for nondiscriminatory reasons. Mr. Villamizar threatened Respondent, abused alcohol and drugs, and was involved in approximately 12 police incident reports at the building. After Respondent painted the outside of the building, Mr. Villamizar painted the apartment door, the railing, and an exterior wall with a different color. Mr. Villamizar also painted, "Fuck the fire department" on the outside of the apartment.
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 27th day of October, 2003, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 2003. COPIES FURNISHED: Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Michelle Jackson, Acting Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Gerardo and Rodica Villamizar Post Office Box 010461 Miami, Florida 33130 Eddie Gomez 17835 Southwest 10th Court Pembroke Pines, Florida 33029
