The Issue Whether Respondent Perry Carrell ("Respondent") failed to provide reasonable accommodations for Petitioner Jean Rath’s ("Petitioner") disability and discriminated against Petitioner because of her disability in violation of Florida’s Fair Housing Act; and, if so, the relief that is appropriate.
Findings Of Fact In 2005, Respondent purchased condominium unit 604 in Tiara Towers, located at 3120 North Highway A1A, Fort Pierce, Florida 34949. Respondent purchased the condominium unit as his primary residence. In 2013, Respondent decided to rent the unit to Petitioner. In May 2013, Petitioner and Respondent entered into a written residential lease agreement for Petitioner to lease the premises from Respondent from July 1, 2013, to June 30, 2015. Pursuant to the lease, Petitioner was obligated to pay monthly rent to Respondent in the amount of $1,850.00. Petitioner’s tenancy was subject to the rules and regulations of the condominium association. The association’s rules do not allow for tenants to have pets. In addition, the association requires all leases be in writing. The written lease between Petitioner and Respondent expired on June 30, 2015. A properly executed second written lease was never executed by Petitioner and submitted to the association. Nevertheless, Petitioner continued residing at the premises on a month-to-month basis. Petitioner is disabled and requires a service animal because of her disability. Over the course of the tenancy, the association became concerned about Petitioner’s violation of its rules, including the lack of documentation of Petitioner’s dog as a service animal, and the lack of a new written lease after the initial lease expired on June 30, 2015. In an effort to assist Petitioner in keeping the dog, Respondent gathered information to demonstrate the qualifications of Petitioner’s dog as a service animal and provided the documentation to the association on Petitioner’s behalf. Based on the lack of a new written lease and the absence of sufficient documentation as to the service animal, the association fined Respondent $2,000.00. Respondent provided Petitioner with a termination of lease and demand to vacate notice on May 28, 2016. The notice of termination was based on the fines by the association against Respondent for not having a timely signed lease in place, and the association’s belief that sufficient documentation had not been presented to support the dog as a service animal. Petitioner vacated the unit on or about July 1, 2017. Respondent did not re-lease the unit and sold the unit on March 22, 2017. During the appeal process, the fine of $1,000.00 related to the service animal was rescinded by the association. Respondent paid the $1,000.00 fine related to the lack of a written lease, and has not requested reimbursement from Petitioner. At hearing, Petitioner acknowledged Respondent did not discriminate against her on the basis of her disability, and that Respondent advocated to the association on her behalf. The persuasive and credible evidence adduced at hearing demonstrates that Respondent did not fail to reasonably accommodate Petitioner’s disability or discriminate against Petitioner on the basis of her disability.
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 27th day of February, 2018, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 February, 2018. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Jean Rath 422 Southeast Naranja Avenue Port St. Lucie, Florida 34983 Glenn J. Webber, Esquire Glenn J. Webber, P.A. 101 Southeast Ocean Boulevard, Suite 203 Stuart, Florida 34994 (eServed) Cheyanne M. Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed)
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 The issue for determination in this matter is whether Respondents engaged in acts of housing discrimination against Petitioners on the basis of race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioners, Donald Travis and Lisa Harrell, are a bi-racial couple (Mr. Travis is African-American and, therefore, belongs to a class of persons subject to protection under Florida's Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes, and Ms. Harrell is white). They have two sons who are bi-racial (one is African-American and white, the other is white and Asian). Petitioners lived in Apartment 163 at 10075 West Highway 98, Pensacola, Florida 32506. Respondents, John and Anne Cutler, are the owners of two four-plex apartments at 10075 West Highway 98, Pensacola, Florida 32506, including the unit occupied by Petitioners that gave rise to this matter. They are both retired educators who own and operate their apartment rental business in their retirement. In their teaching and professional careers, both have instructed students of various races and national origins. Petitioner, Donald Travis, is a veteran of Desert Storm and has been treated for Post Traumatic Stress Disorder. He regularly takes medications to treat anxiety and depression. On April 4, 2008, Petitioners moved into Apartment 163, which had been recently painted, carpeted, and had a new ceiling fan and light installed in the living room. Everything went smoothly between Petitioners and Respondents for several months. Mr. Cutler had to unplug the downstairs toilet with a plunger a few times, but everything else seemed to be in working order. Both Mr. and Ms. Cutler considered Petitioners to be good tenants. As summer approached, Mr. Travis asked Mr. Cutler about installing a screen door for the sliding glass doors. This could not be done without replacing the entire sliding glass doors. When Apartment 131 became vacant, its screen door was moved to Petitioners' apartment. The screen door had a slit in it, which Ms. Cutler repaired with tape. When Apartment 132 became vacant, the good screen door from that apartment was used to replace the taped one in Petitioners' apartment. Respondents tried to keep everything in working order in Petitioners' apartment. When Petitioners' refrigerator door would not close, Respondents replaced the refrigerator. Respondents thought Petitioners were happy with their apartment. Petitioners called Respondents about a plumbing leak and said feces was running down the wall. The leak and pipe were fixed by B & G Plumbing. Petitioners were shown the water shut-off valve in case of future leaks. Petitioners believe that Respondents treated them differently from other tenants in the apartment buildings. Petitioners believe that other tenants were allowed to keep pets in their apartments while they were not. Respondents allowed tenants who had pets when they purchased the apartments to keep them, but banned pets on all future rentals. The rent for Petitioners' apartment, including water, sewer, and garbage, was $650.00. Petitioners always paid their rent on time. Petitioners asked to be moved into a better unit since they believed their unit was inferior to others in the complex. Petitioners wanted to move into Apartment 162 which, in their opinion, was in much better shape than their unit. Respondents offered to put new carpet into Apartment 162 before Petitioners moved in, but they refused. Petitioners decided to leave the apartment because they believed the maintenance was not properly performed. On December 5, 2008, the day Petitioners made known their desire to leave the apartment, Mr. Travis confronted Mr. Cutler. Mr. Cutler offered Apartment 132 to Petitioners because it was ready for occupancy after its occupants had moved out. Apartment 133 would soon be ready, and was also offered to Petitioners. Mr. Travis angrily refused to move into any apartments in the two four-plexes. He yelled at Mr. Cutler and told him he hated him. This exchange was witnessed by a neighbor, Gary Denton. Mr. Cutler offered to let Petitioners move out without penalty, and agreed to return their $650.00 deposit. Petitioners accepted the offer and received the deposit in full as well as a waiver of the first five days' rent for December and an additional four days of rent to allow them time to pack and move. Petitioners accused Respondents of renting one four-plex to whites only and the other to minorities. At the time Petitioners moved out, both four-plexes had tenants of different races. As of the date of the hearing, five of the six total units rented were to non-white tenants. Only one was rented to a white couple.
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 25th day of November, 2009, 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 25th day of November, 2009. COPIES FURNISHED: John Cutler Anne Cutler 5970 Limestone Road Pensacola, Florida 32504 Donald Travis Lisa Harrell 1008 West Young Street Pensacola, Florida 32501 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
The Issue The issue is whether Respondents committed an act of discrimination against Petitioner in violation of the Florida Fair Housing Act. Based upon the following Findings of Fact and Conclusions of Law, no act of discrimination occurred in this matter.
Findings Of Fact Petitioner resided in Lewisburg, Pennsylvania, in April 2012, when he responded to an advertisement on ApartmentsOnline.com. He found an apartment that interested him, a one-bedroom furnished unit in Milton, Florida, that was offering a move-in special of three weeks off the first month's rent. The property qualified as Section 8 HUD housing, the classification of housing in which he currently resided, so he sought a transfer of his status from Pennsylvania to Florida. Respondent, Hubert Dawley, told Petitioner that the apartment would be available May 15, 2012. Petitioner was determined to be disabled by the Social Security Administration as of March 13, 1996, and has been receiving benefits since April 28, 1998 (retroactive to March 13, 1996), the date of his determination of disability by a federal administrative law judge entered on that date. Petitioner has a service animal, which helps with his depression. His physician in Milton believes the animal will help him better function in his daily life. Petitioner claims he told Mr. Dawley about his service animal and that he would be bringing the dog with him when he moved to Milton. Respondents have a firm "no pets" policy for their apartments, and Mr. Dawley denied ever knowing about the dog prior to Petitioner's move to Milton. On May 5, 2012, prior to his move to Milton, Petitioner signed an "Application to Rent" Respondents' available apartment in which he answered "NO" (in capital letters) to the question "Do you have any dogs, cats, or other pets?" Petitioner acknowledged signing the application and writing "NO" in response to the question about pets. Petitioner signed a residential lease agreement along with Mr. Dawley on May 5, 2012. The lease contained the following paragraph: (J.) Pets shall not be permitted. Initial here, to indicate your agreement that no pets will be allowed on the premises. Failure to adhere to this agreement shall cause forfeiture of deposits and a $200.00 non-refundable pet damage fee to be immediately due to cover damage/flea infestation. Additionally it shall be at Managements [sic] discretion to immediately terminate this lease and demand possession of residence. Additionally pet shall be immediately removed from the premises. Initial here to indicate your agreement to this provision. (Bold type in original) Petitioner signed the lease and initialed it in the two places indicated in the "no pets" provision. Petitioner gave Mr. Dawley a check for $500 at the time he signed the lease. The amount represents $225 for two weeks' rent (May 15-31) and a $250 security deposit for a total of $475. Respondents did not give Petitioner his $25 change. After Petitioner moved in, Mr. Dawley learned about Petitioner's dog when he went over one night to fix a plumbing issue and saw the pet on the couch. He informed Petitioner that the lease specifically did not allow pets. Petitioner testified that the apartment was filthy and in disrepair when he moved in. Mr. Robert Youngblood, the HUD inspector failed the apartment on a Housing Quality Services inspection due to a broken bathroom fan and requested that the fan be repaired by May 22, 2012. Mr. Dawley told Petitioner the dog would have to go. Petitioner said he would move out, but wanted a return of all his rent and deposit money. Petitioner called the Milton Police Department on May 27, 2012, to have an officer present when he moved out "to avoid any trouble." An officer and Mr. Dawley were present on May 28 when Petitioner moved out, which occurred without incident. Mr. Dawley returned $58 to Petitioner, keeping $14.51 per each day of Petitioner's tenancy (the prorated amount of $500 per month rent) and $200 to have the apartment cleaned due to the pet having been present. Petitioner claims that Respondents never had the apartment cleaned after he moved out to which Mr. Dawley produced a receipt for a carpet cleaning machine rental on June 6, 2012. Petitioner disputes the rental as having been made, if at all, for cleaning other apartments. He has no direct evidence that Mr. Dawley did not clean the apartment upon his moving out. Petitioner is seeking the return of the entire $500 he gave Respondents as the first two weeks' rent and security deposit. Petitioner acknowledges he received a $58 refund. Petitioner produced no evidence of discrimination by Respondents on the basis of his disability. His entire claim is based upon the fact that he needs the service animal to help with his depression and that Respondents were aware of the presence of the dog prior to Petitioner moving into the apartment and accepted him as a tenant with a pet.
Recommendation Based on the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the claim for relief brought by Petitioner. DONE AND ENTERED this 26th day of October, 2012, 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 26th day of October, 2012. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Anthony Sager 6665 Magnolia Street Milton, Florida 32570 Hubert and Martha Dawley 4661 Keyser Lane Pace, Florida 32571 Lawrence F. Kranert, Jr., General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of his national origin or race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Manuel Rodriguez ("Rodriguez") is a middle- aged white man of (in his words) "Spanish and Italian" descent who at all times relevant lived in Vero Beach, Florida. Respondent Indian River County Habitat for Humanity, Inc. ("Habitat"), is a nonprofit charitable corporation that makes interest-free loans to qualified applicants for the purchase of affordable housing, which the buyers, in return, must help build or renovate. In or around December 2018, Rodriguez submitted a "pre- screening" application for a Habitat home. By letter dated January 3, 2019, Habitat informed Rodriguez that, according to the information he had provided, he fell "within the income guidelines." This meant that Rodriguez could progress to the next step (group orientation) of the multi-step application process. As it happened, however, he did not make it all the way. In a letter dated February 19, 2019, Habitat told Rodriguez that his application could not be approved because his monthly income was insufficient to cover the estimated debt service. Rodriguez presented no evidence at hearing suggesting that Habitat had denied his application for any reason other than the one given to him, namely that "you [Rodriguez] do not earn enough to support a mortgage." Rodriguez was not satisfied with this rationale and arranged to meet with a Habitat employee named David Willis to discuss the matter. Rodriguez believes that Mr. Willis was rude and disrespectful to him. Further, Rodriguez testified that, during their conversation, Mr. Willis used the phrase, "you people." Clearly, this is a potentially offensive remark, and Rodriguez was, in fact, offended by it. When pressed, however, Rodriguez admitted that he did not consider the comment to have been a slur against Spanish or Italian people; rather, he took it as a more focused insult——against, for example, disputatious people. In any event, there is no evidence that Mr. Willis intended to disparage an ethnic or racial group. Determinations of Ultimate Fact There is no persuasive evidence that any of Habitat's decisions concerning, or actions affecting, Rodriguez, directly or indirectly, were motivated in any way by discriminatory animus. Thus, there is no competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could be made. Ultimately, therefore, it is determined that Habitat did not commit any prohibited act.
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 Habitat not liable for housing discrimination and awarding Rodriguez no relief. DONE AND ENTERED this 15th day of August, 2019, 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 15th day of August, 2019.
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 Whether Petitioners were subject to discrimination in the rental of a dwelling, or in the terms, conditions, or privileges of rental of a dwelling, based on their race or familial status, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioners, Rolstan and Leticia Hodge, are African- American and currently reside in Virginia Beach, Virginia. Petitioners have six children. Respondent, Watson Realty Corp.,1/ is a real estate and property management company with offices throughout the state of Florida and an office in Georgia. Wendell Davis is the company’s Executive Vice President in charge of Watson Realty Management Division, including its Jacksonville office located at 4456 Sunbeam Road, Jacksonville, Florida 32257. On June 3, 2013, Petitioners completed applications to rent a property from Respondent located at 2314 Creekfront Drive in Green Cove Springs, Florida (the Property). Petitioners’ applications were taken by Gayle Aljets, Secretary at Respondent’s Westside office. Ms. Aljets sent, via facsimile transmission, Petitioners’ applications, along with copies of their photo identification, social security cards, and proof of income, to Anne Fletchall, Application Specialist in Respondent’s Sunbeam office.2/ Ms. Fletchall entered pertinent information from Petitioners’ applications, including personal identification and income information, into a system run by LexisNexis, a company with which Respondent contracted to conduct background, criminal, and financial screening of applicants.3/ LexisNexis screens applicants based on criteria selected by Respondent. For example, Respondent requires applicants to establish income of three times the rental amount, applies the combined income of multiple applicants for the same property (roommates), and requires criminal background checks on applicants 18 years of age and older. On debt issues, Respondent screens applicants for legal debts (e.g., judgments) of $1,000 or more within the most recent 48 months; as well as tax liens, landlord debt, and utility debt within the most recent 24 months. The screening system allows for exceptions, or “overrides,” on negative results for specified criteria. For example, if an applicant has a legal debt of $1,000 or more in the most recent 48 months, or a tax lien, landlord debt, or utility debt within the most recent 24 months, the system will return an override code of “800,” allowing approval of the applicant with a co-signor, or guarantor. The override determinations were made by Respondent at the time Respondent contracted with LexisNexis. Ms. Fletchall entered Petitioners’ information separately as two roommates applying for the Property. LexisNexis reported to Ms. Fletchall that Mr. Hodge had a legal debt of $1,000 or more within the last 48 months, thus failing one of the screening criteria. However, the program assigned an override code of “800,” meaning the application could be approved if Mr. Hodge obtained a guarantor. Mrs. Hodge passed all the LexisNexis screening criteria. LexisNexis further reported Petitioners’ rent-to- income ratio as 24.73 percent, based on a monthly rent of $1,195.00 and a combined income of $5,055.00. According to the criteria established by Respondent when setting up the screening process, a guarantor must establish an income of three and one-half times the amount of the monthly rent. Mrs. Hodge’s individual verified income was approximately $1,400.00, less than three and one-half times the monthly rental amount. Ms. Fletchall sent an email to Heather Cornett, property manager in the Westside office, informing her that Mr. Hodge was approved conditioned upon obtaining a guarantor. Ms. Cornett informed Mr. Hodge by phone that he would need a guarantor in order to qualify to rent the Property. Mr. Hodge asked why a guarantor would be required, but Ms. Cornett was unable to explain. Ms. Cornett informed Mr. Hodge that he would receive a letter from the third-party screening company that explained the details. During that telephone conversation, Mr. Hodge requested a telephone number for LexisNexis. Ms. Cornett did not have the LexisNexis telephone number and informed Mr. Hodge she would have to call him back with the number. Ms. Cornett obtained the number and made a return call to Mr. Hodge with the telephone number the same day. Through contact with LexisNexis, Mr. Hodge learned that a judgment against him by Freedom Furniture and Electronics had caused him to fail the applicable screening criteria, thus triggering the need for a guarantor. Mr. Hodge contacted Ms. Cornett and informed her that the debt had been satisfied. Ms. Cornett asked Mr. Hodge to obtain a letter from the debtor on the debtor’s letterhead verifying the debt had been satisfied. Mr. Hodge subsequently met with Ms. Cornett in her office and presented a letter from Freedom Furniture and Electronics. The letter represented that Mr. Hodge had entered into a payment agreement to satisfy the debt and that, thus far, payments had been made on time. Ms. Cornett faxed the letter to Ms. Fletchall to submit to LexisNexis as additional information. Ms. Fletchall called Ms. Cornett and told her the letter was only proof that payments were being made on the debt, not that the debt had been satisfied. Ms. Cornett called Mr. Hodge and informed him that the letter did not change the status of his application, and a guarantor was still required. Mr. Hodge requested Ms. Cornett submit the matter to a manager for review. Ms. Cornett took the Hodge’s applications, the letter, and the LexisNexis report to Terri Brown, Respondent’s Regional Manager. Ms. Cornett spoke to Ms. Brown via telephone, who confirmed that a guarantor would still be required for approval. Ms. Cornett again called Mr. Hodge with this information. Mr. Hodge did not obtain a guarantor and did not make another application, or otherwise arrange with Respondent to rent the Property. On June 10, 2013, Respondent received an application from a different set of applicants to rent the Property. The applicants were white and listed on their application that they had three children.4/ Ms. Fletchall processed two separate applications for the applicants as roommates, just as she did with Petitioners’ applications. The LexisNexis report showed that the male applicant failed three of the screening criteria, while the female applicant passed all the criteria. The system assigned an override code of “800” for the male applicant’s prior landlord debt, triggering the requirement for a guarantor. The system also assigned an override code of “920” based on the male applicant’s prior issue with a personal check, triggering a requirement that the male applicant pay monthly rent by certified funds. On June 21, 2013, the new applicants entered into a lease for the Property. The tenants obtained a guarantor who signed a lease guarantee which was incorporated into the lease.
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. 2014H0082. DONE AND ENTERED this 25th day of September, 2014, in Tallahassee, Leon County, Florida. S Suzanne Van Wyk Administrative Law Judge Division of Administrative Hearings The DeSotoBuilding 1230 Apalachee Parkway Tallahassee, Florida32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of September, 2014.
