The Issue The issue for determination is whether Respondent committed a discriminatory housing practice against Petitioner in violation of the Fair Housing Act.
Findings Of Fact No dispute exists that Ms. Ndimbie is handicapped for purposes of the Fair Housing Act. She has more than one mental illness diagnosis, including Schizoid Personality Disorder, Schizotypal Personality Disorder, Obsessive-Compulsive Personality Disorder, with two of her symptoms being that she “relates poorly with others” and that she “lacks insight into the feelings of others and when she feels accosted, she becomes angry and reacts, often inappropriately.” BCCD was a Florida not-for-profit organization. Its mission was to provide affordable housing for individuals with mental illnesses. BCCD acts as a landlord for its tenants, who have difficulty finding affordable housing due to having a mental illness. A prerequisite to being a tenant at BCCD was to have a mental illness, and, therefore, all of BCCD’s tenants had a mental illness. On an annual basis, BCCD contracted with and received funds from the Florida Department of Children and Families, hereinafter DCF. The funding from DCF supplements rent received from the tenants. On June 29, 2001, the Executive Director of BCCD, Nancy Merolla, entered into an annual contract with DCF for the period of July 1, 2001, through June 30, 2002, hereinafter Annual Contract. Exhibit A of the Annual Contract provided in pertinent part: The [BCCD] will provide housing stipends to ensure safe, accessible and affordable housing opportunities to low income individuals of Broward County, who are disabled with a mental illness and/or co- occurring disorders. . . . Each tenant, who resided in housing provided by BCCD, was required to receive case management. However, BCCD did not provide case management services for its tenants. The tenants received case management services from sources outside of BCCD. DCF assigned case managers and, therefore, assigned case managers for Ms. Ndimbie. Case management services were provided to Ms. Ndimbie by Henderson Mental Health Clinic Even though Ms. Ndimbie maintains that BCCD was required to provide case management services, the evidence demonstrates that BCCD was not required to provide such services. DCF was having difficulty finding housing for Ms. Ndimbie due to her mental challenges and requested the assistance of BCCD. On October 30, 2001, Ms. Ndimbie and Ms. Merolla, on behalf of BCCD, executed a month-to-month lease agreement, hereinafter Lease, for an apartment unit at 334 Northwest 43rd Street, Oakland Park, Florida. The Lease provided, among other things, that the total rent payable was $570 per month; that Ms. Ndimbie’s portion of the rent was $115 per month; and that the portion paid by the Public Housing Agency, under the Shelter Plus Care Program of HUD was $455. The Lease, which identified Ms. Ndimbie as the Tenant and BCCD as the Landlord, was effective November 28, 2001. An addendum to the Lease was a Tenant Agreement. Ms. Ndimbie was under the Shelter Plus Program, which provided for a single occupant to be entitled to a one-bedroom unit. However, BCCD only had a two-bedroom unit available. The Tenant Agreement provided, among other things, that Ms. Ndimbie was “being temporarily allowed to stay in [a two-bedroom unit] until a one bedroom unit [became] available with [BCCD].” On or about November 28, 2001, Ms. Ndimbie moved into the two-bedroom unit. At some point in time after Ms. Ndimbie moved into the two-bedroom unit, BCCD and the other tenants, who were Ms. Ndimbie’s neighbors, began to have problems with her behavior. The other tenants filed complaints with BCCD regarding her behavior. In March 2002, after input from Ms. Ndimbie, her case manager, and DCF, BCCD conducted a meeting with Ms. Ndimbie and the complaining tenants in an effort to reconcile the differences. An agreement was reached regarding resolution of the differences. However, the problems, regarding Ms. Ndimbie’s behavior, continued. The tenants were filing petitions for injunctions for protection against her, and she was filing the same petitions against the tenants. In particular, the continuous problems resulted in one neighbor, Luis Colon, obtaining an injunction for protection against Ms. Ndimbie on May 2, 2002.3 A circuit court ordered, among other things, that she was not to have any contact with Mr. Colon and not to go within 15 feet of Mr. Colon’s unit (apartment). Ms. Ndimbie contends that BCCD represented Mr. Colon at the injunction hearing as his case manager. However, the evidence demonstrates that BCCD was not his case manager at the injunction hearing, but only responded to the presiding judge’s inquiries. Subsequently, on May 23, 2002, the injunction for protection was amended. The circuit court ordered, among other things, that the Ms. Ndimbie was not to go within 500 feet of Mr. Colon’s unit. The amended injunction for protection was effective on midnight, May 31, 2002. Ms. Ndimbie’s unit was less than 500 feet from Mr. Colon’s unit, and, therefore, the effect of the amended injunction for protection was to prevent Ms. Ndimbie from residing in her unit after midnight, May 31, 2002. BCCD offered Ms. Ndimbie an alternative unit at another location. Ms. Ndimbie viewed the apartment building where the alternative unit would be located and found that it was being renovated. She did not believe that it would be timely completed. Further, Ms. Ndimbie inquired of law enforcement regarding criminal activity within the surrounding geographical area of the alternative unit. It was reasonable for her to gather such information. She was informed by law enforcement that there was drug activity in the surrounding area. Based upon the construction activity at the alternative unit, coupled with her belief that the alternative unit would not be timely completed, and upon the history of drug activity in the surrounding area, Ms. Ndimbie decided that she would not accept the alternative unit. Even though the alternative unit was being renovated, the evidence demonstrates that it was to be completed before the effective date of the amended injunction for protection, i.e., midnight, May 31, 2002. Consequently, Ms. Ndimbie’s belief that the alternative unit was not going to be timely completed was not reasonable. Additionally, even though the surrounding area of the alternative unit had a history of drug activity, no evidence was presented that the alternative unit had been determined to be not suitable for leasing under the Annual Contract between DCF and BCCD. As a result, the alternative unit remained an available unit under the Annual Contract. Ms. Ndimbie refused to accept and move into the alternative unit. No other housing was found for Ms. Ndimbie by midnight, May 31, 2002. Her belongings were placed in a storage unit. Another tenant with mental illness moved into the alternative unit. Subsequently, Ms. Ndimbie moved into a hotel. With DCF’s approval, BCCD provided her with $1,000 to assist her with the cost of the hotel room.
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 that Broward County Community Development Corporation, Inc. did not commit a discriminating housing practice against Joyce Ndimbie in violation of the Fair Housing Act. DONE AND ENTERED this 29th day of January, 2010, in Tallahassee, Leon County, Florida. ERROL H. POWELL 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 29th day of January, 2010.
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
The Issue Whether Respondent, Assad F. Malaty, discriminated against Petitioners, Dr. James E. Townsend and his niece, Contessa Idleburg (formerly, Ms. Rogers), in violation of the Florida Fair Housing Act and, if so, the appropriate remedy therefor.
Findings Of Fact Based on the weight of the credible evidence, Dr. Townsend has a qualifying handicap under the FFHA. He suffered a stroke in May 2014, upon which the requested modifications and accommodations were based. The stroke substantially limited one or more major life activities, given his need for using a wheelchair and walker. § 760.22(7)(a), Fla. Stat. Mr. Malaty conceded as much at the hearing.3/ Based on the weight of the credible evidence, Ms. Idleburg has a qualifying handicap under the FFHA. She has a shunt to drain fluid from her brain, has received Supplemental Social Security Income since at least 2014, and also has used a walker. That said, the evidence is undisputed that Petitioners requested the modifications and accommodations solely to assist Dr. Townsend after he suffered the stroke. Thus, Ms. Idleburg’s handicap is not relevant to the claims at issue. Based on the weight of the credible evidence, Petitioners informed Mr. Malaty in May 2014 that Dr. Townsend suffered a stroke and requested that he make several modifications to the Unit, including handrails in the bathroom, and handrails and a ramp at the front door, and to accommodate them by assigning them a parking spot outside the Unit. There is no dispute that the requested modifications and accommodation were never made. Importantly, however, the evidence does not establish that Petitioners’ renewed those requests again before they filed complaints with the Department of Justice in late 2016 and HUD in early 2017.4/ Although Dr. Townsend reminded Mr. Malaty in a December 2016 letter that he had failed to make the requested the modifications, the undersigned finds that letter to be more in the nature of a response to Mr. Malaty’s threat of eviction rather than a renewed request to accommodate them. The weight of the credible evidence also confirms that Petitioners never offered to pay for the handrails, ramp, or signage for the requested parking spot. Indeed, Dr. Townsend testified that he believed Mr. Malaty was responsible for making such modifications as the owner of the Unit. Based on the weight of the credible evidence, the undersigned finds that Mr. Malaty did not evict Petitioners because of their handicaps or their requests for modifications or an accommodation. Mr. Malaty initially threatened to evict them for failing to pay rent in January 2013, reducing their rent in September and December 2016, and failing to take care of the lawn as required in the lease. It had been three years since Petitioners requested the modifications and accommodation due to Dr. Townsend’s stroke and they did not re-raise those issues again until after Mr. Malaty threatened to evict them for failing to pay the rent. The evidence also is clear that Petitioners could have avoided eviction by paying the missed rent by December 29, 2016. But, they failed to do so and then did not pay their rent in January 2017, which ultimately led to Mr. Malaty filing the eviction action.
Conclusions For Petitioners: James E. Townsend, Sr., pro se Contessa Idleburg, pro se Apartment 2101 140 Aida Street Lakeland, Florida 33805 For Respondent: Charlann Jackson Sanders, Esquire Law Office of Charlann Jackson Sanders 2225 East Edgewood Drive, Suite 8 Lakeland, Florida 33803
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 Petitioners’ Petition for Relief. DONE AND ENTERED this 19th day of December, 2019, in Tallahassee, Leon County, Florida. S ANDREW D. MANKO 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 19th day of December, 2019.
The Issue The issue is whether the Petition for Relief was timely filed.
Findings Of Fact In August 2011, Petitioner filed a "Housing Discrimination Complaint" ("Complaint") with the United States Department of Housing and Urban Development and/or FCHR. In the Complaint, Petitioner alleged that Respondent was "discriminating against her because of her disability" by refusing to accept her service animal and by locking her out of the condominium lobby on multiple occasions. On September 21, 2011, FCHR issued a "Notice of Determination of No Cause," which it served on Petitioner by U.S. Mail on the same date. The Notice advised Petitioner, in relevant part, as follows: The Florida Commission on Human Relations (FCHR) and the Department of Housing and Urban Development (HUD) administer the Fair Housing Act (the Act). The FCHR completed its investigation of the subject complaint, which was filed under the Act. Informal efforts to resolve the case during the investigation were unsuccessful. Based on the evidence obtained during the Investigation, the FCHR has determined that reasonable cause does not exist to believe that a discriminatory housing practice has occurred. Accordingly, the above-referenced complaint is hereby dismissed. * * * The parties are further advised that the Complainant may request that a formal administrative proceeding be conducted. The request (i.e., Petition for Relief) must be filed with the FCHR within 30 days of the date of service of this Notice and should be in compliance with the provisions of rule 60Y-8.001 and Chapter 60Y-4, Florida Administrative Code, entitled General Procedures. A Petition for Relief form is enclosed Failure of Complainant to timely file a Petition will result in dismissal of the complaint within the purview of Rule 60Y-2.004(2)(g). (Emphasis added). Subsequently, on Monday, October 24, 2011——after the 30-day deadline, which fell on Friday, October 21, 2011——FCHR received a completed "Petition for Relief" form from Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR issue a final order dismissing the Petition for Relief with prejudice. DONE AND ENTERED this 29th day of November, 2011, in Tallahassee, Leon County, Florida. S EDWARD T. BAUER 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 November, 2011.
The Issue The issue in this case is whether Petitioners have been subjected to illegal discriminatory treatment by Respondent in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioners' complaint, which was dismissed by FCHR on March 24, 2003, resulted from a Housing Discrimination Complaint dual-filed with FCHR and HUD. Petitioners seek to become landlords under the Federal government's Section 8 Program, administered in the Ocala area by Respondent. It is the responsibility of Respondent to receive applications from owners of properties, like Petitioners, who are willing to rent those properties to economically adversely-affected individuals. Respondent then inspects the properties and determines a rental allowance or the amount of supplemental Federal money to be paid the landowner for the rental of a specific property, thereby allowing the economically deprived person a place to live. Petitioners claim that Respondent has discriminated against them by refusing to allow Petitioners to participate in the Section 8 program; specifically, by not making reasonable rent determinations and delaying inspections which are preliminary to a determination of a rental rate. Petitioners did not offer evidence of any specific acts of race-based discrimination. Nor did Petitioners cite any specific information concerning disparate treatment of landlords in the Section 8 program based on race. Further, Petitioners were unable to cite any statistical information that could reasonably lead to the inference that Respondent engaged in wide-spread discrimination. Petitioners’ race-based claims were not supported by any specific information about disparate treatment by Respondent. Petitioners contested the amount of rent which Respondent determined to be applicable to the subject property. As long as the amount of rent was contested, Respondent could not make a rent determination for the Petitioners' properties. A letter to Petitioners from Respondent, dated October 9, 2002, provided Petitioners with notice that Respondent had been advised by its attorney that it could not make a rent determination while the HUD complaint was pending. The letter further stated that should Petitioners withdraw their complaint, their application would be processed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered dismissing the Petition for Relief. DONE AND ENTERED this 15th day of September, 2003, in Tallahassee, Leon County, Florida. S DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 2003. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 David E. Midgett, Esquire Ocala Housing Authority 2800 East Silver Springs Boulevard Suite 205 Ocala, Florida 34470 Larry Williams Monica Williams Post Office Box 01322 Miami, Florida 33101-3221 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
