The Issue Whether Respondent committed a discriminatory housing practice by "lock[ing] [Petitioner] out of [his] apartment" at the Arena Hotel, as alleged in Petitioner's housing discrimination complaint, and, if so, what relief should the Florida Commission on Human Relations (Commission) provide Petitioner.
Findings Of Fact Based on the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: Respondent is a black male. Since 2000, he has maintained a residence at the Arena Hotel (Establishment), a rooming house (with 22 rooms) located in Miami, Florida. Respondent is the former owner of the Establishment. He purchased the Establishment approximately three years ago. At the time of the purchase, there were only a small handful of blacks residing in the Establishment (including Petitioner). The percentage of black residents increased significantly during his ownership. Respondent lived in Israel when he owned the Establishment (as he does now). Every several months he traveled to Miami and visited the Establishment. Respondent had an on-site manager to take care of the day-to-day affairs of the Establishment for him. Respondent also had a brother living in the area on whom he could call to check on the Establishment. The brother, Gil Terem, worked for Majestic Properties, Inc., a Miami-based real estate brokerage firm. Gil Terem assisted in Respondent's sale of the Establishment. From the time Respondent purchased the Establishment until the time he sold it, Petitioner regularly complained to management and various governmental agencies about the conditions in his room and the common areas. Petitioner's complaints were not the only ones management received during this time frame. There were also complaints from residents of the Establishment who claimed that Petitioner was acting aggressively and harassing them. On November 6, 2002, government inspectors conducted an inspection of the Establishment. Later that same day, November 6, 2002, City of Miami police were called to the Establishment by management to look into an allegation of harassment made against Petitioner. Gil Terem was on the premises of the Establishment when the police arrived. Respondent was not present. He was in Israel. Upon their arrival, the police confronted Petitioner and spoke with him. Although the police did not arrest Petitioner or take him into custody, Petitioner was under the impression, following his discussion with the police, that he was not free to reenter his room and that he had to vacate the premises. He therefore left the Establishment without returning to his room. Notwithstanding what Petitioner may have believed, there was no intention to evict him. Petitioner pursued legal action in Miami-Dade Circuit Court alleging that he was illegally removed from his room in the Establishment. On December 4, 2002, in the case of David Powell v. Majestic Properties, Inc., Case No. 02-27703CA30, Miami-Dade County Circuit Court Judge Barbara Levenson issued an Order Granting Plaintiff's Motion for Injunctive Relief, which read as follows: This cause having come on to be heard on Dec. 4, 2002 on Plaintiff's Motion for Injunctive Relief and the Court having heard argument of counsel, and being otherwise advised in the premises, its is hereupon, ORDERED AND ADJUDGED that said Motion be, and the same is hereby, granted. A temporary restraining order is in effect pending the setting of a further hearing. [Plaintiff] is allowed to return to his residence. Following the entry of this Order, Petitioner returned to his room in the Establishment. Because there was a new lock on the door that had been installed during his absence, he was not able to enter the room until Gil Terem came by with a key to let him in. Subsequent to his return to the Establishment, Petitioner initiated various judicial and administrative actions, including the instant one,1 claiming that Respondent and others conspired to unlawfully discriminate against him by depriving him of the opportunity to enjoy the privileges of residing at the Establishment. The record evidence is insufficient to establish that Petitioner was in any way discriminated against on the basis of race or handicap or that any adverse action was taken against him in retaliation for his claiming that he was the victim of housing discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission issue a final order finding that no "discriminatory housing practice" has been committed and dismissing Petitioner's complaint based on such finding. DONE AND ENTERED this 6th day of October, 2004, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 6th day of October, 2004.
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.
The Issue Whether Respondent discriminated against Petitioner in the rental of a dwelling based on her race, in violation of Florida Fair Housing Act, chapter 760, Part II, Florida Statutes (2015).
Findings Of Fact The following Findings of Fact are based on the exhibit admitted into evidence and testimony offered by witnesses at the final hearing. Ms. Smith is a Black female and currently resides in Gainesville, Florida. Saul Silber Properties is a company that manages Oak Glade located at 3427 Southwest 30th Terrace, Gainesville, Florida 32608. Respondent provides residential rental apartments in Gainesville, Florida. Saul Silber is the owner of Saul Silber Properties. Ms. Smith is a former resident of apartment number 54I of Oak Glade.1/ Ms. Smith rented the apartment pursuant to a residential lease agreement entered into on January 15, 2014.2/ The lease was for a one-year renewable term. Ms. Smith filed a complaint with the Commission alleging Respondent issued her a Notice of Non-Renewal of her lease agreement on the basis of her race. The Commission issued a “No Cause” determination and Ms. Smith filed a Petition for Relief, which is the matter before the undersigned. During her tenancy at Oak Glade, Ms. Smith had raised numerous complaints with the property manager regarding matters involving her neighbor, Anne E. Dowling. Ms. Dowling, who was White, was a former resident of apartment number 54H. Ms. Smith’s issues with Ms. Dowling included complaints concerning smoking, loud music, non-residents living in the apartment, the number of visitors outside Ms. Dowling’s apartment, and Ms. Dowling’s cat scratching her car. All of the complaints were addressed and resolved by the property manager. The incident that led to the major blow-up between the neighbors involved Ms. Smith and Ms. Dowling’s daughter. Ms. Smith and Ms. Dowling’s daughter were involved in a verbal altercation after Ms. Smith verbally reprimanded Ms. Dowling’s granddaughter (age range of 7-9 years old) and her friend. Ms. Smith testified that the two girls turned their backs to her, bent over, and wiggled their buttocks in a side-to-side motion. Ms. Smith understood this gesture to be disrespectful and a suggestion to “kiss their behinds.” Ms. Dowling’s daughter was not a resident of the apartment complex. The altercation was so loud that Ms. Osteen heard people “screaming” while she was in her office. Ms. Osteen discovered Ms. Smith and Ms. Dowling’s daughter involved in a screaming match. Ms. Osteen later consulted with the senior property manager about the incident and it was determined that both Ms. Dowling and Ms. Smith would be issued a Notice of Non-Renewal. On March 15, 2016, Respondent issued Ms. Smith and Ms. Dowling a Notice of Non-Renewal, which was posted on the door of each tenant’s respective apartment. The notices did not state a reason for non-renewal. Ms. Dowling’s lease would expire effective May 30, 2016; and Ms. Smith’s lease would expire effective December 30, 2016. Prior to expiration of her lease, Ms. Dowling advised Ms. Osteen that she was terminally ill and requested that she be permitted to stay at Oak Glade. Ms. Dowling explained that her support system was located in the area and due to financial limitations, moving from the complex would create a hardship for her. For these reasons, Ms. Dowling was permitted to enter a new lease and was moved to a different apartment. The decision to permit Ms. Dowling to remain at the complex was made by the senior property manager. Ms. Dowling passed away approximately four months later, on September 28, 2016. Other than her mistaken belief that Ms. Dowling did not receive a Notice of Non-Renewal, Ms. Smith did not offer any evidence to support her claim of housing discrimination in violation of the Florida Fair Housing Act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order: finding that Respondent, Saul Silber Properties, LLC, did not commit a discriminatory housing practice against Petitioner, Ms. Smith; and dismissing the Petition for Relief filed in FCHR No. 2017H0320. DONE AND ENTERED this 29th day of August, 2018, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of August, 2018.
The Issue The issue is whether Respondent, The Pines at Warrington, LP, et al., and Pinnacle, and American Management Service Company (The Pines), discriminated against Petitioner, Susan M. Walters (Ms. Walters), because of her disability and gender in violation of the Florida Fair Housing Act, Sections 760.20- 760.37, Florida Statutes.
Findings Of Fact Ms. Walters, during times pertinent, suffered from schizophrenia, chronic differentiated type alcohol abuse, and a personality disorder. The Pines is an apartment community consisting of 160 units. The community is managed by Pinnacle, a subsidiary of American Management Services, LLC. Approximately 90 percent of the residents at The Pines are women. Ms. Walters completed a detailed application for residency in The Pines with Joy John (Ms. John), the facility's leasing specialist. Ms. Walters signed the application on October 24, 2007. She entered into a lease for a term of one year on October 31, 2007. During the course of these events, Ms. Walters did not claim a disability or mention that she was disabled. No one in management at The Pines perceived Ms. Walters to be disabled. During the application and contract process, Ms. Walters was provided with copies of the rules and regulations governing residents of The Pines. The lease required Ms. Walters to provide management at The Pines 60 day's notice, if she wanted to vacate the premises. In or around February 2008, Ms. Walters acquired a dog. She informed management at The Pines, and in accordance with the lease agreement, began making payments toward the required pet deposit. During April 2008, Ms. John and Dawn Chapman, Property Manager, received complaints about Ms. Walters' dog. The dog's barking was disturbing residents of The Pines. Four to five complaints were received each week during April. Ms. John and Ms. Chapman advised Ms. Walters of the complaints and provided her with suggestions as to how to ameliorate the problem. Nevertheless, the barking continued. On May 13, 2008, Ms. Walters was provided a "Seven Day Notice of Noncompliance with Opportunity to Cure," addressing the dog issue. It informed Ms. Walters that she must prevent the dog from disturbing other tenants. It further informed her that if the problem continued, she might be evicted. Another week of barking precipitated a "Seven Day Notice of Noncompliance with Possible Lease Termination Following." This was dated May 21, 2008, and signed by Dawn Chapman. The notice again made clear to Ms. Walters that if the barking continued she might be evicted. These notices were often given to other residents of The Pines when their barking dogs annoyed other tenants. Many of the residents of The Pines were minorities. One of them, Rhonda Lavender, complained about Ms. Walters because she put up a sign in a stairwell that included the word "nigger." Another resident, a disabled man who lived in the unit above her, complained that she "lambasted him" because he dropped a boot and it made a loud noise. Others complained about her coming out of the door to her apartment and screaming. None of the residents, who complained about Ms. Walters' barking dog, or her other offensive actions, mentioned her gender or that she was disabled. At no time during the residency of Ms. Walters at The Pines did she provide Ms. John or Ms. Chapman information with regard to having a disability. The only evidence of a disability presented at the hearing was a form Ms. Walters referred to as "a doctor's release for medical records," signed by an unidentified "physician." It was also agreed that Ms. Walters received payments based on a disability from the U.S. Social Security Administration. However, no evidence was adduced that indicated Ms. Walters was limited in one or more major life activities. Ms. Walters' rent payment for June was due June 5, 2008, but was not paid. On June 6, 2008, a "Three Day Notice- Demand for Payment of Rent or Possession" was affixed to the door of her apartment. The notice demanded payment of the sum of $518.00 or delivery of possession of the premises. The notice informed Ms. Walters that eviction proceedings would ensue if she did not pay in three days. By June 6, 2008, however, Ms. Walters had determined that she was going to vacate the premises. She told Ms. Chapman that she would pay her June rent on June 20, 2008, but this was a prevarication because Ms. Walters had no intention of paying any more rent. On or about July 4, 2008, Petitioner vacated her apartment. She placed her keys in the drop box designated for rental payments. The rent for June was never paid. Ms. Walters testified under oath that during her occupancy of the dwelling her bank card went missing. She stated that on another occasion $20 went missing from her apartment and that subsequently $10 disappeared. She said the fire alarm rang once for two hours. She said she was disturbed by noisy neighbors and a loud maintenance man. She said that once after returning from her job she discovered a glass plate in her apartment that had been shattered. She did not reveal any of these allegations to management at The Pines when they occurred, if they did occur. Ms. Walters claimed that someone entered her apartment in May and sprayed a chemical that encouraged her dog to defecate inside the apartment. She said she could not check her mail because management at The Pines had locked her out of her mailbox. She said someone came in and scratched her Teflon frying pan and burned up her microwave oven. She did not make these allegations to management at The Pines when they occurred, if they did occur. Even if one believes that her property was violated, and evidence to that effect was thin, there is no indication at all that anyone involved in managing The Pines was involved. Moreover, no adverse action was taken toward Ms. Walters. Two notices about barking dogs and a written demand that she pay rent do not amount to an adverse action.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition for Relief of Susan M. Walters be dismissed. DONE AND ENTERED this 16th day of October, 2009, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 16th day of October, 2009. COPIES FURNISHED: Dawn Chapman The Pines at Warrington 4101 West Navy Boulevard Pensacola, Florida 32507 Angela North Olgetree, Deakins, Nash, Smoak & Stewart, P.C. 301 Congress Avenue, Suite 1150 Austin, Texas 78701 Susan M. Walters 1112 Bartow Avenue Pensacola, Florida 32507 Monica Jerelle Williams, Esquire Ogletree, Deakins, Nash, Smoak, and Stewart, P.C. 100 North Tampa Street, Suite 3600 Tampa, Florida 33602 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 respondent committed a violation of the Fair Housing Act as alleged in the petition for relief filed on August 21, 1996.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Petitioner, Melanie A. Hils, resides in Jacksonville, Florida. She is disabled by virtue of “birth defects in (her) legs,” and she receives a monthly disability check from the Social Security Administration, her sole income. Respondent, Advantage Property Management, Inc., is a Subchapter S corporation owned by Vernon L. Dean and is engaged in the business of managing residential rental properties in Jacksonville, Florida. In this case, petitioner contends that respondent, through the actions of its owner, violated the Fair Housing Act while she was a tenant in a property managed by respondent. Respondent denies the allegation. A preliminary investigation by the Commission on Human Relations (Commission) resulted in a Determination of No Reasonable Cause. The facts underlying this controversy are not lengthy but they are sharply in dispute. Petitioner first met Dean in March 1993 when she executed a lease agreement with him to rent an apartment at 1614 LaRue Avenue. She stayed in that apartment until April 30, 1994, when she moved into her husband’s mobile home. On June 8, 1995, petitioner signed a one-year lease with respondent to rent a one-bedroom apartment located at 2905 Downing Street. She agreed to pay $285.00 per month, including water. Shortly after she moved into the apartment, the hot water heater became inoperative, and petitioner called respondent’s office manager, Barbara, to request that a repair be made. The water heater was repaired by a local plumbing service on June 20, 1995. In her petition for relief, petitioner alleged that Dean made four unannounced visits to her apartment between June 12 and July 5, 1995. At hearing, however, she claimed that, without notice or invitation, he visited her on five occasions between the same dates, and they spoke for approximately thirty minutes each time. Petitioner says that respondent visited her to see if she “got moved in okay,” say “hello,” check the breaker on the water heater, “see if (her) hot water heater had been fixed,” and on the last visit, to “pick up her rent check” for July. On each of those occasions, she says they discussed a variety of subjects, ranging from music to boating, but nothing offensive or of a sexual nature. Except for a visit to check the water heater breaker, respondent denies that he ever visited the apartment. Assuming, however, that these visits occurred as described, they still did not constitute sexual harassment or rise to a level of being so pervasive or severe as to alter the terms, conditions or privilege of her tenacy. Petitioner also says that respondent, while in an excited state and breathing irregularly, telephoned her early one Sunday morning suggesting that she ”have sex with him.” Respondent denies that such a call ever occurred, and his testimony is accepted on this issue. On July 5, petitioner says respondent appeared at her front door and asked for the July rent check. She described him as having “a very angry look on his face.” Petitioner’s contention that respondent followed her into the bedroom when she was writing a rent check and “took (her) glasses off,” but nothing more, is not deemed to be credible. Indeed, petitioner did not even allege this occurred in her complaints filed with HUD and the Commission. On August 29, 1995, petitioner gave respondent thirty days’ notice on her lease. She did so after receiving a telephone call from an unidentified person who said nothing but played a song with lyrics which “frightened” her. There is no evidence that respondent was the person who made the call. Although she remained in the apartment until at least the end of September, petitioner acknowledged that Dean never returned to the apartment after July 5. Given the totality of the circumstances, it is found that a hostile housing environment based on sexual harassment did not occur. Accepting petitioner’s allegation that respondent made five unwelcome visits to her apartment, such visits were not so severe or pervasive as to alter the terms, conditions or privilege of petitioner’s tenency. Petitioner has requested quantifiable damages, fees and costs occasioned by her leaving respondent’s apartment. When she gave thirty days notice before the expiration of her lease, she lost her $200.00 deposit. She also incurred moving expenses of $150.00. She then signed a seven-month lease on an apartment on Oak Street for $260.00 per month, but later found it unsatisfactory because of foul odors and repairs which were never fixed by the landlord. When she terminated that lease before its expiration, she lost her $260.00 security deposit. On December 5, 1995, she moved into the Kings Inn at Regency, a motel, for which she paid a weekly rent of approximately $161.50. She departed the motel on July 8, 1996, and moved into an apartment in the Riverside area, where she has lived since July 1996. Petitioner asks for the difference between the rent paid at Downing Street and the higher rents she has paid since that time, plus any lost security deposits. In addition, she has incurred costs to pursue this action, including fees for a deposition and transcript. She has also asked for the payment of a “civil penalty” to the Jacksonville Area Legal Aid, Inc., which represented her in this action, and for damages for the “emotional distress suffered due to Respondent’s sexual harassment.”
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Commission on Human Relations enter a final order denying the petition for relief.DONE AND ENTERED this 6th day of May, 1997, in Tallahassee, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675, SUNCOM 278-9675 Fax Filing (904) 921-6847 COPIES FURNISHED: Migdalia Figueroa, Esquire 126 West Adams Street Jacksonville, Florida 32202 Vernon Dean Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1997. Advantage Property Management, Inc. 1974 Fulton Place Jacksonville, Florida 32207 Sharon Moultry, Clerk Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149 Dana A. Baird, Esquire Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner because of handicap in violation of the Florida Fair Housing Act.
Findings Of Fact At all relevant times, Petitioner Shelley M. Wright ("Wright") was a graduate student at Florida International University ("FIU") in Miami, Florida. Wright has a physical disability that affects her mobility, and, as a result, she uses a wheelchair or scooter to get around. There is no dispute that Wright falls within a class of persons protected against discrimination under the Florida Fair Housing Act ("FFHA"). Respondent Servitas Management Group, LLC ("SMG"), manages Bayview Student Living ("Bayview"), a privately owned student housing community located on FIU's campus. Bayview's owner, NCCD — Biscayne Properties, LLC, leases (from FIU) the real estate on which the project is situated. Bayview is a recently built apartment complex, which first opened its doors to students for the 2016-2017 school year. On November 20, 2015, Wright submitted a rental application for a single occupancy efficiency apartment in Bayview, fitted out for residents with disabilities. She was charged an application fee of $100.00, as were all applicants, plus a "convenience fee" of $6.45. Much later, Wright would request that SMG refund the application fee, and SMG would deny her request, although it would give her a credit of $6.45 to erase the convenience fee on the grounds that it had been charged in error. Wright complains that this transaction was tainted with unlawful discrimination, but there is no evidence of such, and thus the fees will not be discussed further. Wright's application was approved, and, accordingly, she soon executed a Student Housing Lease Contract ("First Lease") for a term commencing on August 20, 2016, and ending on July 31, 2017. The First Lease stated that her rent would be $1,153.00 per month, and that the total rent for the lease term would be $12,683.00. Because Wright was one of the first students to sign a lease, she won some incentives, namely $500.00 in Visa gift cards and an iPad Pro. The First Lease provided that she would receive a $200.00 gift card upon lease execution and the balance of $300.00 upon moving in. As it happened, Wright did not receive the gift cards in two installments, but instead accepted five cards worth $500.00, in the aggregate, on August 20, 2016. There were two reasons for this. One was that SMG required lease holders to appear in-person to take possession of the gift cards and sign a receipt acknowledging delivery. Wright was unable (or unwilling) to travel to SMG's office until she moved to Miami in August 2016 to attend FIU. The other was that SMG decided not to use gift cards as the means of paying this particular incentive after integrating its rent collection operation with FIU's student accounts. Instead, SMG would issue a credit to the lease holders' student accounts in the amount of $500.00. Wright, however, insisted upon the gift cards, and so she was given them rather than the $500.00 credit. Wright has alleged that the untimely (or inconvenient) delivery of the gift cards constituted unlawful discrimination, but the evidence fails to sustain the allegation, which merits no further discussion. In May 2016, SMG asked Wright (and all other Bayview lease holders) to sign an amended lease. The revised lease made several changes that SMG called "improvements," most of which stemmed from SMG's entering into a closer working relationship with FIU. (One such change was the aforementioned substitution of a $500.00 credit for gift cards.) The amended lease, however, specified that Wright's total rent for the term would be $13,836.00——an increase of $1,153.00 over the amount stated in the First Lease. The explanation was that, in the First Lease, the total rent had been calculated by multiplying the monthly installment ($1,153.00) by 11, which did not account for the 12 days in August 2016 included in the lease term. SMG claimed that the intent all along had been to charge 12 monthly installments of $1,153.00 without proration (even though the tenant would not have possession of the premises for a full 12 months) and thus that the First Lease had erroneously shown the total rent as $12,683.00. As SMG saw it, the revised lease simply fixed this mistake. Wright executed the amended lease on or about May 10, 2016 (the "Second Lease"). Wright alleges that this rent "increase" was the product of unlawful discrimination, retaliation, or both. There is, however, no persuasive evidence supporting this allegation. The same rental amount was charged to all occupants of the efficiency apartments, regardless of their disabilities or lack thereof, and each of them signed the same amended lease document that Wright executed. To be sure, Wright had reason to be upset about SMG's revision of the total rent amount, which was not an improvement from her standpoint, and perhaps she had (or has) legal or equitable remedies available for breach of lease. But this administrative proceeding is not the forum for redressing such wrongs (if any). Relatedly, some tenants received a rent reduction through the amended leases SMG presented in May 2016, because the rates were reduced therein for two- and four-bedroom apartments. As was made clear at the time, however, rates were not reduced on the one-bedroom studios due to their popularity. Wright alleges that she subsequently requested an "accommodation" in the form of a rent reduction, which she argues was necessary because she leased a more expensive studio apartment, not by choice, but of necessity (since only the one- bedroom unit met her needs in light of her disabilities). This claim fails because allowing Wright to pay less for her apartment than every other tenant is charged for the same type of apartment would amount to preferential treatment, which the law does not require. Wright makes two claims of alleged discrimination that, unlike her other charges, are facially plausible. She asserts that the handicapped parking spaces at Bayview are unreasonably far away for her, given her limited mobility. She further asserts that the main entrance doors (and others in the building) do not afford two-way automatic entry, and that as a result, she has difficulty exiting through these doors. The undersigned believes it is possible, even likely, that the refusal to offer Wright a reasonable and necessary accommodation with regard to the alleged parking situation, her problems with ingress and egress, or both, if properly requested, might afford grounds for relief under the FFHA. The shortcoming in Wright's current case is the absence of persuasive proof that she ever presented an actual request for such an accommodation, explaining the necessity thereof, for SMG's consideration. There is evidence suggesting that Wright complained about the parking and the doors, perhaps even to SMG employees, but a gripe, without more, is not equivalent to a request for reasonable accommodation. Determinations of Ultimate Fact There is no persuasive evidence that any of SMG's decisions concerning, or actions affecting, Wright, directly or indirectly, were motivated in any way by discriminatory animus directed toward Wright. There is no persuasive evidence that SMG denied a request of Wright's for a reasonable accommodation at Bayview. In sum, 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 SMG 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 SMG not liable for housing discrimination and awarding Wright no relief. DONE AND ENTERED this 27th day of September, 2017, 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 27th day of September, 2017.
The Issue Whether Respondents, Charleston Cay, Ltd., et al. (Charleston Cay), violated the Florida Fair Housing Act, as amended, sections 760.20 through 760.37, Florida Statutes (2010).1/
Findings Of Fact Ms. Cardwell is an African-American woman who rented an apartment from Charleston Cay. Ms. Cardwell and Charleston Cay entered into a written lease beginning on December 23, 2009, and ending on November 30, 2010. The lease required Ms. Cardwell to pay her rent on the first of each month and that the rent would be delinquent by the third of each month. Furthermore, the lease provided that non-payment of rent shall result in a breach of the lease and eviction. The initial monthly rent for Ms. Cardwell's apartment was $663.00, a month and was subsequently increased to $669.00, a month. Ms. Cardwell credibly testified that she had not read the lease or the Housing Addendum which she signed when entering into the lease and that she had not subsequently read either document. On November 1, 2010, Ms. Cardwell failed to pay her rent. On November 4, 2010, Ms. Jaster, manager of Charleston Cay apartments, posted a three-day notice to pay rent or vacate the premises. On November 9, 2010, Ms. Jaster posted another notice for Ms. Cardwell about non-payment and requesting that Ms. Cardwell call or come to the office. Ms. Cardwell paid $100.00, of the rent on November 17, 2010. Again, Ms. Jaster posted a three-day notice seeking payment of the remaining November 2010, rent in the amount of $569.00. On November 24, 2010, Ms. Cardwell paid an additional $200.00, of the $569.00, owed, leaving a balance of $369.00 for November 2010. Because Ms. Cardwell's written lease was to expire at the end of November, she requested that Charleston Cay enter into a month- to-month lease, but Ms. Jaster informed Ms. Cardwell that Charleston Cay was not interested in entering into a month-to- month tenancy. On December 1, 2010, Ms. Jaster posted another three- day notice requiring Ms. Cardwell to pay the $369.00, owed in November, or to vacate the premises. The facts also showed that Ms. Cardwell did not pay the $669.00, owed by December 1, 2010, or anytime thereafter. On December 8, 2010, Charleston Cay filed an eviction and damages complaint against Ms. Cardwell based on non-payment of the rent. Some time in December 2010, Ms. Cardwell contacted Ms. Tina Figliulo of the Charlotte County Homeless Coalition, seeking financial assistance to avoid being evicted. Ms. Figliulo credibly testified that the Charlotte County Homeless Coalition administers grant money to help prevent a person from being evicted and helps individuals find affordable housing. A provision of the grant, however, prevents the Charlotte County Homeless Coalition from paying money into a court registry if an eviction process has begun. Ms. Figliulo credibly testified that she contacted Ms. Jaster about making a payment on Ms. Cardwell's behalf. Ms. Jaster informed Ms. Figliulo that Charleston Cay had already begun eviction proceedings. Consequently, Ms. Figliulo was unable to use grant money to pay for Ms. Cardwell's back rent. Based on the eviction proceedings, Ms. Cardwell vacated the premises sometime in December 2010, and turned in her key for the apartment. The initial hearing on the eviction was set for January 5, 2011. On December 28, 2010, the hearing was cancelled based on Ms. Cardwell's vacating the premises. On January 13, 2011, Ms. Cardwell filed a Motion to Dismiss the case in county court indicating that she had given up possession of the premises. On January 31, 2011, the Charlotte County Court issued an Order dismissing the case effective March 1, 2011, unless Charleston Cay set a hearing on damages. The record credibly showed through the exhibits and Ms. Jaster's testimony that Ms. Cardwell was evicted from her apartment based on her non-payment of rent. There was no evidence that other individuals, who were not in Ms. Cardwell's protected class, were treated more favorably or differently, than she was in the proceedings. There was no evidence, either direct or indirect, supporting Ms. Cardwell's claim of racial discrimination. Ms. Cardwell testified that she felt that Ms. Jaster had acted based on race, because of Ms. Jaster's perceived attitude. Ms. Cardwell did not bring forward any evidence showing a specific example of any comment or action that was discriminatory. Ms. Jaster credibly testified that she did not base the eviction process on race, but only on non-payment. Ms. Cardwell specifically stated during the hearing that she was not addressing the retaliation claim or seeking to present evidence in support of the FCHR determination concerning the retaliation claim. Consequently, the undersigned does not make any finding concerning that issue. There was testimony concerning whether or not Ms. Cardwell had properly provided employment information required by the written lease in relation to a tax credit. The facts showed that Charleston Cay apartments participated in a Low Income Tax Credit Housing Program under section 42, of the Internal Revenue Code. On entering the lease, Ms. Cardwell had signed a Housing Credit Lease Addendum which acknowledged her participation in the tax credit, and agreement to furnish information concerning her income and eligibility for compliance with the tax credit. Failure to provide information for the tax credit would result in a breach of the rental agreement. As early of August 2011, Ms. Jaster, manager for Charleston Cay Apartments, contacted Ms. Cardwell about providing information concerning her income and continued eligibility for the program. Ms. Cardwell provided information that was incomplete as to her income, because it failed to demonstrate commissions that she earned. Again, in November 2010, Ms. Jaster contacted Ms. Cardwell about providing information to recertification for the tax credit. Finally, on November 11, 2010, Ms. Jaster left a seven-day notice of non-compliance, with an opportunity to cure, seeking Ms. Cardwell to provide information concerning her income. Ms. Cardwell provided information concerning her salary, but did not have information concerning commissions that she earned from sales. This information was deemed by Ms. Jaster to be incomplete and not in compliance for the low income housing tax credit. The record shows, however, that Ms. Cardwell's failure to provide the required income information was not a basis for her eviction.
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 of dismissal of the Petition for Relief. DONE AND ENTERED this 28th day of October, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of October, 2011.
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 The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of her race or sex in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Alicia Valentine ("Valentine") is an African- American woman who currently resides in Chicago but lived in Miami, Florida, at all relevant times. Respondent Catholic Charities of the Archdiocese of Miami, Inc. ("Catholic Charities"), is a Florida nonprofit corporation that provides social services in Miami-Dade, Broward, and Monroe counties. At no time relevant to this action did Catholic Charities sell, lease, rent, finance, broker, or manage real property, including dwellings of any nature. At all relevant times, Valentine leased Apartment No. 1410 at 1451 South Miami Avenue, Miami, Florida, for the sum of $2,000.00 per month from her landlord, Park Place at Brickell, LLC. Before contacting Catholic Charities and setting in motion the events that led to this action, Valentine had lost her job, exhausted her unemployment compensation payments, and wound up having no income. Unable to pay rent, Valentine applied to Catholic Charities, on or around January 27, 2016, for emergency rental assistance to avoid losing her apartment. Catholic Charities runs an Emergency Services program that provides cash payments to individuals to help them pay one month's rent in crisis situations. The program limits rental assistance to a single payment of up to $1,000.00 per applicant, which may be received only once every 12 months. Catholic Charities has written eligibility criteria that an applicant must satisfy to qualify for emergency rental assistance. The eligibility criteria require that the applicant have an eviction notice; justification of need; proof of income (showing ability to continue paying the rent after assistance); some form of identification; and a Social Security card. Catholic Charities denied Valentine's request for emergency rental assistance because she failed to meet all of the eligibility requirements. Specifically, Valentine did not provide an eviction notice, nor, perhaps more important, did she provide proof of income. Thus, Valentine failed to demonstrate that she had the ability to pay the balance of her $2,000.00 monthly rent——or any subsequent month's rent——if provided the maximum $1,000.00 in emergency assistance. It is undisputed, moreover, that Valentine never personally appeared at Catholic Charities' office to verify her identity, although, in fairness to Valentine, there is some uncertainty as to whether Catholic Charities communicated to Valentine that she was required to provide proof of identification in person. The fact that Valentine did not appear in person to verify her identity is, however, ultimately immaterial, for even if she had, her application still would have been denied based on the failure to satisfy other eligibility criteria, e.g., proof of sufficient future income. Determinations of Ultimate Fact There is no persuasive evidence that any of Catholic Charities' decisions concerning, or actions affecting, Valentine, directly or indirectly, were motivated in any way by discriminatory animus directed toward Valentine. There is no persuasive evidence that Valentine met the written eligibility criteria for emergency rental assistance. There is no persuasive evidence that Catholic Charities sold, leased, rented, financed, or managed real property. There is competent, persuasive evidence that Valentine did not qualify for emergency rental assistance and was denied on that basis. In sum, 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 Catholic Charities 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 Catholic Charities not liable for housing discrimination and awarding Valentine no relief. DONE AND ENTERED this 7th day of December, 2016, 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 7th day of December, 2016.
