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 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 Whether the Florida Commission on Human Relations (“the Commission”) has jurisdiction over Petitioner’s claim against Respondent.
Findings Of Fact The Commission conducted an investigation of GHA’s allegations. That investigation determined that GHA had not been acting as Ms. Duff’s attorney and that the assistance provided to Ms. Duff was mostly clerical in nature. The investigation also determined that GHA suffered no harm related to housing. As a result, the Commission determined that it had no jurisdiction over GHA’s claim. On November 18, 2016, the Commission issued a “Notice of Determination of No Jurisdiction.” In addition to notifying GHA of its decision, the Commission advised GHA that it could challenge its determination by requesting an administrative hearing. GHA filed a Petition for Relief with the Commission on January 30, 2017, and took issue with the Commission’s determination that it lacked jurisdiction over this matter. With regard to the Commission’s determination that GHA was not Ms. Duff’s attorney, GHA stated the following: Patrick Coleman did admit that he was not an attorney, however Patrick Coleman confirmed on several occasions that he and GHA have in fact been Ms. Kelly Duff’s representative by means of a Power of Attorney since May 11, 2016. Please see the attached Power of Attorney signed by Ms. Duff. Patrick Coleman of GHA admitted to not performing traditional phone testing or in person testing at the respondent[‘s] property – that is correct. However, GHA has stated that their Testing Investigation process included an investigation of the respondent’s housing process, including: the Concord Rental Agreement, the Service Animal Addendum, an in depth review of the Concord Rents website and their published documents, and a review of the Reserve at Brookhaven website followed by a review of their published materials. It was GHA’s investigation, recovery, and scrutiny of the Service Animal Responsibility Addendum that uncovered the potentially discriminatory language which prompted an inquiry regarding the Respondent’s policy addressing assistance animals in the pool area. As for the Commission’s determination that GHA’s assistance to Ms. Duff was mostly clerical in nature, GHA stated that it assisted Ms. Duff with protecting her “Fair Housing Rights” in the following ways: (1) interviewed Ms. Duff in order to verify that she was a bona fide victim of discrimination; (2) provided Ms. Duff with fair housing education via a webinar; (3) wrote two reasonable accommodation requests for Ms. Duff; (4) worked with Ms. Duff’s physician in order to draft a letter describing Ms. Duff’s disability and her need for an assistance animal; (5) wrote, reviewed, and approved all written communications from Ms. Duff to Respondent; (6) interviewed Ms. Duff’s employer; (7) wrote and filed Ms. Duff’s fair housing complaint; and (8) represented Ms. Duff during every phone interview conducted by the Commission. The Commission referred the instant case to the Division of Administrative Hearings (“DOAH”) on January 30, 2017. On February 14, 2017, the undersigned sua sponte issued an “Order to Show Cause” requiring GHA to “show cause on or before March 1, 2017, why the instant case should not be dismissed based on a lack of standing.” GHA did not file any response to the Order to Show Cause.
Recommendation Based on the foregoing, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing Gratus Housing Advocates’ Petition for Relief due to a lack of jurisdiction. DONE AND ENTERED this 22nd day of March, 2017, in Tallahassee, Leon County, Florida. S G. W. CHISENHALL 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 22nd day of March, 2017. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399 (eServed) Patrick Coleman Gratus Housing Advocates, Inc. 3513 Provine Road Mckinney, Texas 75070 Brookhaven Development Land LTD Suite 101 700 West Morse Boulevard Winter Park, Florida 32789 Andrew Kemp-Gerstel, Partner 44 West Flagler Street Miami, Florida 33130 (eServed)
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 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.
