The Issue The issue to be determined is whether Respondents engaged in prohibited conduct against Petitioner by discriminating against him based on his race and/or national origin in the terms and conditions, privileges, or provision of services or facilities in the sale or rental of real property in violation of Section 760.23, Florida Statutes (2009).
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following Findings of Fact are made: The Florida Commission on Human Relations is the state agency charged with investigating complaints of discriminatory housing practices and enforcing the Fair Housing Act. It is also charged with investigating fair housing complaints filed with the federal Department of Housing and Urban Development under the Federal Fair Housing Act, 42 U.S.C. Section 3601, et seq. Petitioner, Emmanuel Agbara, is an adult, black male, who is of Nigerian decent. On or about September 18, 2008, Petitioner submitted an offer to purchase Condominium 406 in Orchid Springs Village. Because the real property sought to be purchased was a part of a condominium, there were several contingencies imposed by the declaration of condominium and associated house rules. Respondent, Orchid Springs Condominium, No. 200, Inc., is a non-profit corporation charged with the management of the condominium. Incidental to this responsibility, in conjunction with Bay Tree Management Company, the board of directors has the responsibility to approve or disapprove of the sale of a condominium to a third party. In the event the board of directors or Bay Tree Management Company disapproves of the sale, the condominium documents outline a procedure wherein the proposed sale can be pursued by the property owner and prospective buyer (Petitioner herein). After Orchid Springs advised Petitioner that it had not approved his sale, this alternative was not pursued. Orchid Springs is a part of a mixed-use development of condominiums, patio homes, and private [single-family] residences and is diverse in terms of religion, national origin and income. Prospective buyers, and the Petitioner herein, were required to complete an application that inquired into the prospective buyer's background, intended use of the property, and required three character references. In addition, prospective buyers were required to pay for a "background" check. On September 20, 2008, Petitioner traveled from his home in Maryland to meet with Respondent, John Carroll, president of the condominium board of directors. As they met, an inspection of the condominium unit was being conducted by a home inspection professional. Petitioner anticipated that he would meet with Carroll and two other board members for the personal interview required by the condominium documents as a prerequisite for board approval. The two board members were not available to meet with Petitioner during his September 20, 2008, visit. During the course of the discussion between Petitioner and Carroll, it became apparent that Petitioner anticipated being an "absentee landlord." Carroll advised Petitioner that the owner/residents had various problems with renters, including recent police activity incidental to a drug laboratory in one of the rented condominium units. Carroll also related that four of the absentee owner units were in foreclosure and that placed an economic burden on the remaining owners. During the discussion between Petitioner and Carroll, Petitioner inquired as to whether he could do the three-board member interview by telephone. Mr. Carroll advised him that a telephone conference might be arranged, but that one board member could not do it alone. On October 8, 2008, Petitioner submitted his Association Application. As a part of the application process, Petitioner certified that he had been supplied copies of the Articles of Declaration of Condominium Ownership and By-Laws of Orchid Springs Village, No. 200, Inc.; the Service and Maintenance Agreement; and the manual, "Condominium Living--The Seville." The Association Application includes the following language: "[A]pplicant purchasing Condominium certifies that he/she has . . . read [and] agrees to abide by" the foregoing documents. The Association Application states that "[i]mmediately after submission of the application, Applicant is requested to arrange with the President for a personal interview with at least [three] Board Members present. Such personal interview is a firm requirement [and] may not be waived." Following receipt of a prospective buyer or renter's Association Application, the tasks of conducting the customary background and criminal checks are divided among board members. In this instance, Mrs. Thibodaux, now deceased, did the background check; and Mrs. Douglas did the criminal background check, which, apparently, was a local records check utilizing the county records available through the internet. Testimony reveals that Mrs. Thibodaux reported that she had some problems with two of Petitioner's character references and that the Social Security number he provided was incorrect. This testimony is discounted as Mrs. Thibodaux is dead and not available to testify, and there is no indication that Petitioner's Social security number is incorrect. In addition, two of Petitioner's character references testified at the final hearing. Mrs. Douglas' local criminal background check revealed a January 13, 1997, arrest for battery--domestic violence. The case was "nolle prossed" after the Petitioner was placed in pre-trial diversion. Orchid Spring's critical examination and appraisal of prospective buyers and renters is apparently "slipshod," but not atypical when the prospective cost of a thorough examination that would involve an investigation of an individual's credit history and a thorough criminal and background check. Concern raised by the background and criminal check prompted Carroll to contact Petitioner and request that he come to Florida and meet with three board members for the interview required by the condominium documents. Petitioner was unable to meet with the interview committee. On November 7, 2008, Petitioner was advised by Respondents that his application had been denied. No evidence of damages was advanced by Petitioner.
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 22nd day of November, 2010, 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 22nd day of November, 2010. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lawrence F. Kranert, Jr., General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Emmanuel Agbara 1822 Metzerott Road, No. 206 Adelphi, Maryland 20783 Rex P. Cowan, Esquire Post Office Box 857 Winter Haven, Florida 33882-0857
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.
The Issue The issue in this case is whether Respondent unlawfully discriminated against Petitioner on the basis of her national origin or ethnicity in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Fabiola Heiblum ("Heiblum") is a Hispanic woman who, at all times relevant to this action, has owned Unit No. 5C in the Carlton Bay Condominium, which is located in North Miami Beach, Florida. She purchased her unit in 2004 and has resided there continuously since some time in 2005. Respondent Carlton Bay Condominium Association, Inc. ("Association") is the entity responsible for operating and managing the condominium property in which Heiblum's unit is located. In March 2008, the Association's Board of Directors ("Board") approved a special assessment, to be levied against all unit owners, the proceeds of which would be used to pay insurance premiums. Each owner was required to pay his share of the special assessment in full on April 1, 2008, or, alternatively, in three equal monthly installments, due on the first of April, May, and June 2008, respectively. Heiblum's share of this special assessment was $912.81. At or around the same time, the Board also enacted a procedure for collecting assessments, including the special insurance assessment. According to this procedure, owners would have a grace period of 15 days within which to make a required payment. After that period, a delinquent owner would be notified, in writing, that the failure to pay his balance due within 15 days after the date of the notice would result in referral of the matter to an attorney for collection. The attorney, in that event, would file a Claim of Lien and send a demand letter threatening to initiate a foreclosure proceeding if the outstanding balance (together with costs and attorney's fees) was not paid within 30 days after receipt of the demand. This collection procedure applied to all unit owners. Heiblum did not make any payment toward the special assessment on April 1, 2008. She made no payment on May 1, 2008, either. (Heiblum concedes her obligation to pay the special assessment and does not contend that the Association failed to give proper notice regarding her default.) The Association accordingly asked its attorney to file a Claim of Lien against Unit No. 5C and take the legal steps necessary to collect the unpaid debt. By letter dated May 8, 2008, the Association's attorney notified Heiblum that a Claim of Lien against her property had been recorded in the public records; further, demand was made that she pay $1402.81 (the original debt of $912.81 plus costs and attorney's fees) to avoid foreclosure. On or around May 10, 2008, Heiblum gave the Association a check in the amount of $500, which the Association returned, under cover of a letter dated May 16, 2008, because its attorney was now in charge of collecting the overdue debt. Heiblum eventually paid the special assessment in full, together with costs and attorney's fees, thereby obviating the need for a foreclosure suit. Heiblum believes that the Association prosecuted its claims for unpaid special assessments more aggressively against Hispanics such as herself than persons of other national origins or ethnicities, for which owners the Association allegedly showed greater forbearance. Specifically, she believes that the Association did not retain its attorney to undertake collection efforts against non-Hispanic unit owners, sparing them the costs and fees that she was compelled to pay. There is, however, 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 the Association did not commit any prohibited discriminatory act vis-à-vis Heiblum.
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 finding the Association not liable for housing discrimination and awarding Heiblum no relief. DONE AND ENTERED this 27th day of February, 2009, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2009.
The Issue The issue in this case is whether Respondent committed a discriminatory housing practice against Petitioner on the basis of a handicap.
Findings Of Fact Petitioner formerly resided in Montrose Apartments at 563 West Montrose Street, Apartment 18, Clermont, Florida. Petitioner alleges that he is a handicapped/disabled person by virtue of a mental disability, who was "illegally" evicted from Montrose Apartments because of his handicap/disability. At all times relevant to this proceeding Francisco Guzman, Jr., owned and managed Montrose Apartments. Mr. Guzman was unaware of Petitioner's alleged handicap/disability. At no time during Petitioner's tenancy at Montrose Apartments did Petitioner notify management of the apartment complex that he had a handicap/disability. Furthermore, Petitioner never provided management with documentation verifying that he had a handicap/disability. Petitioner alleged that in early 2009, he requested that Respondent make plumbing repairs in his apartment unit and that Respondent refused to comply with those requests. He further alleged that Respondent did not take his maintenance requests seriously and treated other tenants at Montrose Apartments more favorably than he was treated. Petitioner admitted that he did not pay rent for his Montrose Apartment unit in March and April 2009. According to Petitioner, he withheld the rent because Respondent failed to make the requested plumbing repairs. In correspondence from him to a "Ms. Smith," Mr. Guzman indicated that on "Sunday [March] 22, 2009," he had posted a three-day notice on Petitioner's apartment, because he had not paid his March 2009 rent. Also, Mr. Guzman acknowledged that he had not been able to repair Petitioner's bathroom sink because he had been unable to gain access to Petitioner's apartment. Finally, Mr. Guzman indicated that he believed Petitioner was "avoiding [him] since he is unable to pay the rent." Petitioner did not pay rent for his Montrose Apartment unit in March and April 2009, even after Respondent notified him several times that the rent was past due and should be paid. Respondent began eviction proceedings against Petitioner in or about late April or early May 2009, by filing a Complaint for Eviction ("Eviction Complaint") with the County Court of Lake County, Florida. The Eviction Complaint was assigned Case No. 2009-CC001534. Respondent filed the Eviction Complaint against Petitioner after, and because, he did not pay the March and April 2009 rent for his Montrose Apartment unit. On May 5, 2009, a Final Judgment for Possession and Writ of Possession were entered against Petitioner. The Writ of Possession was served on Petitioner and enforced. On or about May 8, 2009, the apartment unit previously rented to Petitioner was turned over to Mr. Guzman. Petitioner alleges and asserts that: (1) he is disabled/handicapped due to a mental disability; (2) he was evicted because of his handicap/disability; and (3) Respondent knew Petitioner was handicapped/disabled. Nevertheless, Petitioner presented no competent evidence to support his claim.
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 Luis Bermudez' Complaint and Petition for Relief. DONE AND ENTERED this 26th day of February, 2010, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 February, 2010.
The Issue The issues in this case are, one, whether Respondent unlawfully discriminated against Petitioner on the basis of his national origin, religion, or handicap in violation of the Florida Fair Housing Act; and, two, whether Respondent subjected Petitioner to acts of intimidation, coercion, or retaliation as a result of Petitioner's exercise, or attempted exercise, of a protected housing right.
Findings Of Fact Petitioner William Kleinschmidt ("Kleinschmidt") owns a unit in the Three Horizons North Condominium. He purchased his condominium in 1999 and has resided there continuously since that time. Respondent Three Horizons North Condominiums, Inc. ("Three Horizons"), manages the property of which Kleinschmidt's condominium is a part. Kleinschmidt and Three Horizons have been involved in a long-standing feud stemming from Kleinschmidt's possession of cats in violation of the condominium's "no pets" policy. Three Horizons has tried since 1999 to compel Kleinschmidt's compliance with the "no pets" policy. The dispute over Kleinschmidt's cats came to a head last year, when a formal administrative hearing was held on Kleinschmidt's first housing discrimination complaint against Respondent. See Kleinschmidt v. Three Horizons Condominium, Inc., 2005 Fla. Div. Adm. Hear. LEXIS 883, DOAH Case No. 04-3873 (May 25, 2005), adopted in toto, FCHR Order No. 05-097 (Fla.Com'n Hum.Rel. Aug. 23, 2005)(Kleinschmidt I). Among other allegations, Petitioner charged in Kleinschmidt I that Three Horizons had unlawfully refused to waive the "no pets" policy to permit his possession of "service animals" (i.e. cats) as an accommodation of his emotional handicap. Kleinschmidt lost that case. Kleinschmidt presently alleges that Three Horizons has discriminated against him on the basis of handicap, national origin, and religion. The undersigned has had some difficulty making sense of Kleinschmidt's allegations. As far as the undersigned can tell, Kleinschmidt alleges that: (1) members of the condominium association's board of directors (and especially the board's treasurer, Ruth Pearson, whose German ancestry Kleinschmidt assumes makes her a Nazi sympathizer hostile to Jewish persons such as himself) have made disparaging comments about him; (2) when he applied to purchase his condominium back in 1999, Three Horizons charged him a $100 screening fee, which should have been only $75; (3) Three Horizon's agents illegally broke into his unit on September 21, 2000, and again on September 21, 2001, stealing personal property each time; (4) before he purchased his unit, Three Horizons agreed to waive the "no pets" policy, which agreement Respondent now refuses to honor; and (5) Three Horizons has engaged in ongoing (but unspecified) acts of intimidation, coercion, and retaliation. There is not a shred of competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination could possibly be made. Ultimately, therefore, it is determined that Three Horizons did not commit any prohibited act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order finding Three Horizons not liable for housing discrimination and awarding Kleinschmidt no relief. DONE AND ENTERED this 21st day of November, 2006, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM 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 21st day of November, 2006.
The Issue The issues in this case are, one, whether Respondent unlawfully discriminated against Petitioner on the basis of her alleged handicap in violation of the Florida Fair Housing Act; and, two, whether Respondent subjected Petitioner to acts of coercion or retaliation as a result of Petitioner's exercise, or attempted exercise, of a protected housing right.
Findings Of Fact Petitioner Maria Thornhill ("Thornhill") owns and lives in a unit in the Admiral Farragut Condominium Apartments. Respondent Admiral Farragut Condominium Association, Inc. ("AFCA"), manages the property of which Thornhill's condominium is a part. This case continues a dispute between Thornhill and AFCA which began in 1997, when Thornhill——without first securing AFCA's permission——installed three wooden steps leading from her rear balcony down to a patio located about 30 inches below. AFCA disapproved of the steps and directed Thornhill to remove them, which was done long ago. In the past, Thornhill has alleged, among other things, that AFCA and its individual directors unlawfully discriminated against her in denying her many requests to reinstall the steps, which she claims are needed as a reasonable accommodation for her handicap.2 Consequently, the parties have been pitted against each other for years in one legal proceeding after another, in various forums including DOAH. Thornhill has lost many battles in this protracted litigation——and consequently been ordered to pay tens of thousands of dollars in sanctions, court costs, and attorney's fees. Still, she presses on. In this case, Thornhill argues, as she has for more than a decade, that she needs to attach steps to her rear balcony because she is physically unable to traverse the 30 inches which separate the balcony from the ground and hence would be trapped if a fire were to block both of the unit's two doors to the outside. Not for the first time, Thornhill alleges here that AFCA discriminated against her on the basis of handicap when it denied her request(s), the most recent of which was made in January 2004, for approval of the steps. In addition to her claim involving the steps, Thornhill alleges that AFCA has discriminated or retaliated against her, in some unspecified way(s), in connection with a boat slip, which she is, evidently, "next in line" to rent, once the lease expires under which another unit owner currently enjoys the right to use the slip. Finally, Thornhill contends that, in its efforts to collect the various money judgments it has been awarded, AFCA has retaliated against her unlawfully. Determinations of Ultimate Fact With regard to the steps, Thornhill presented no evidence suggesting that such a modification is reasonable, nor any proof that installation of such steps is necessary to ameliorate the effects of her particular handicap. There is no evidence that any of AFCA's decisions concerning the boat slip were motivated in any way by discriminatory animus directed toward Thornhill. There is likewise no evidence that AFCA ever undertook to execute or otherwise enforce the judgments it has obtained against Thornhill because of discriminatory animus. In sum, there is not a shred of competent, persuasive evidence in the record, direct or circumstantial, upon which a finding of any sort of unlawful housing discrimination, coercion, or retaliation could possibly be made. Ultimately, therefore, it is determined that AFCA did not commit any prohibited act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order finding AFCA not liable for housing discrimination and awarding Thornhill no relief. DONE AND ENTERED this 20th day of January, 2010, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM 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 20th day of January, 2010.
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 Whether Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with her dwelling based on her race or handicap, in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioner is a 51-year-old black female who relocated to Leesburg, Florida, from Port Chester, New York, in February 2012. Respondent, Richman Property Services, Inc., is the corporate owner/manager of Laurel Oaks Apartments (Laurel Oaks) located at 131 Bayou Circle in Leesburg, Florida. Amy Lewis is the Community Manager of Laurel Oaks. Petitioner rented a two-bedroom apartment unit from Respondent from February 24, 2012, until she moved to Orlando, Florida, on December 3, 2012. Petitioner?s daughter, Sushon Dillard, occupied the apartment with Petitioner during her tenancy at Laurel Oaks. Petitioner spoke with Ms. Lewis via telephone to inquire regarding the availability of a unit at Laurel Oaks while Petitioner was still residing out of state. Petitioner applied for tenancy at Laurel Oaks by faxing her application to Ms. Lewis. Petitioner?s application was accompanied by a copy of her award letter documenting Social Security Disability Insurance (SSDI) payments as proof of income. On February 24, 2012, Petitioner signed a lease for Laurel Oaks unit #103, paid a security deposit, and moved into the unit. Petitioner has a current clinical diagnosis of “schizophrenia, paranoid.” She also claims to be diagnosed bi- polar with Tourrete?s Syndrome. While Petitioner presented no documentation of the additional diagnosis, her testimony on this issue is credible and is accepted by the undersigned. Petitioner was first hospitalized for treatment of an unspecified mental illness at Bellevue Hospital in New York in 1982. She apparently lived without significant incident for the next 26 years. Petitioner had a “breakdown” in 2008, while living in Arizona, and another “breakdown” that same year in New York, for which she was hospitalized at Greenwich Hospital in Connecticut, and later transferred to Stamford Hospital in Connecticut. Petitioner reports that since April 2008, she has “spent time in numerous mental institutions in Arizona, Florida, Georgia, Maryland and New York.” Petitioner?s most recent incident occurred in August 2012, while she was living at Laurel Oaks. She was taken by police to a local facility named “Life Stream” where she was treated for a number of days, then returned home to her apartment at Laurel Oaks with her daughter. Petitioner appeared calm and controlled at the final hearing. She testified that she is taking her medications and doing very well. Petitioner claims that when she moved into the unit at Laurel Oaks, it was not cleaned, was “infested with dead roaches,” and the washing machine was filthy. Petitioner?s daughter testified there were dead roaches even in the dishwasher. Petitioner also bases her allegation of discrimination on Respondent?s accusation in April 2012, that Petitioner had not paid a $300 security deposit prior to occupying her apartment. When Petitioner paid her April rent, Trifonia Bradley, an employee in the office at Laurel Oaks, informed Petitioner she still owed a $300 security deposit. Petitioner responded that she had paid the deposit on February 24, 2012. Although the evidence was not clear as to the specific date, Petitioner later met with Ms. Bradley and brought in her receipt showing the $300 had been paid in February. After that meeting, Petitioner received a phone call from Ms. Lewis apologizing for the error and stating something to the effect of “we are all good.” Petitioner believes Respondent was attempting to take advantage of her disability and trick her into paying the deposit again. At final hearing, Petitioner and her daughter presented evidence and testimony regarding additional alleged discriminatory acts by Respondent. Petitioner alleged that someone employed by, or otherwise acting on behalf of Respondent, sabotaged her automobile; harassed her by requesting her daughter fill out a separate rental application in order to live with her; harassed Petitioner about her request for accommodation based on her disability and claimed she had not demonstrated that she was disabled under the Americans with Disabilities Act; threatened to tow away her car because it was inoperable; and stole money from her apartment. Each of these additional alleged acts occurred after September 21, 2012, the date on which FCHR issued its determination of no cause, and was not investigated by FCHR. Petitioner is intelligent and articulate. Her exhibits were well-organized and contained copious documentation of the alleged discriminatory acts occurring after September 21, 2012. Her documentation included correspondence with Laurel Oaks? management, notices which were posted on the apartment door, copies of numerous forms and applications, and a police report. In contrast, Petitioner offered no tangible evidence regarding the condition of the property upon occupancy other than her testimony, which was not persuasive. She introduced no photographs, no written complaint, and no correspondence with the manager or other employees of Laurel Oaks regarding the condition of the apartment. In fact, she offered no evidence that she brought the condition of the unit to the attention of Laurel Oaks? management. Given the totality of the evidence, including the demeanor of the Petitioner and Ms. Dillard, the undersigned finds that either the unit was not unclean or Petitioner did not bring the condition of the unit to the attention of Laurel Oaks upon occupying the unit. Further, the undersigned finds that Laurel Oaks erroneously requested the security deposit in April 2012, and corrected the error after reviewing Petitioner?s documentation. The mistake was not an act of discrimination based either on race or disability.2/
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. 2012H0289. DONE AND ENTERED this 27th day of December, 2012, in Tallahassee, Leon County, Florida. S Suzanne Van Wyk 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 December, 2012.
