The Issue The issue is whether Respondents committed an act of discrimination against Petitioner in violation of the Florida Fair Housing Act. Based upon the following Findings of Fact and Conclusions of Law, no act of discrimination occurred in this matter.
Findings Of Fact Petitioner resided in Lewisburg, Pennsylvania, in April 2012, when he responded to an advertisement on ApartmentsOnline.com. He found an apartment that interested him, a one-bedroom furnished unit in Milton, Florida, that was offering a move-in special of three weeks off the first month's rent. The property qualified as Section 8 HUD housing, the classification of housing in which he currently resided, so he sought a transfer of his status from Pennsylvania to Florida. Respondent, Hubert Dawley, told Petitioner that the apartment would be available May 15, 2012. Petitioner was determined to be disabled by the Social Security Administration as of March 13, 1996, and has been receiving benefits since April 28, 1998 (retroactive to March 13, 1996), the date of his determination of disability by a federal administrative law judge entered on that date. Petitioner has a service animal, which helps with his depression. His physician in Milton believes the animal will help him better function in his daily life. Petitioner claims he told Mr. Dawley about his service animal and that he would be bringing the dog with him when he moved to Milton. Respondents have a firm "no pets" policy for their apartments, and Mr. Dawley denied ever knowing about the dog prior to Petitioner's move to Milton. On May 5, 2012, prior to his move to Milton, Petitioner signed an "Application to Rent" Respondents' available apartment in which he answered "NO" (in capital letters) to the question "Do you have any dogs, cats, or other pets?" Petitioner acknowledged signing the application and writing "NO" in response to the question about pets. Petitioner signed a residential lease agreement along with Mr. Dawley on May 5, 2012. The lease contained the following paragraph: (J.) Pets shall not be permitted. Initial here, to indicate your agreement that no pets will be allowed on the premises. Failure to adhere to this agreement shall cause forfeiture of deposits and a $200.00 non-refundable pet damage fee to be immediately due to cover damage/flea infestation. Additionally it shall be at Managements [sic] discretion to immediately terminate this lease and demand possession of residence. Additionally pet shall be immediately removed from the premises. Initial here to indicate your agreement to this provision. (Bold type in original) Petitioner signed the lease and initialed it in the two places indicated in the "no pets" provision. Petitioner gave Mr. Dawley a check for $500 at the time he signed the lease. The amount represents $225 for two weeks' rent (May 15-31) and a $250 security deposit for a total of $475. Respondents did not give Petitioner his $25 change. After Petitioner moved in, Mr. Dawley learned about Petitioner's dog when he went over one night to fix a plumbing issue and saw the pet on the couch. He informed Petitioner that the lease specifically did not allow pets. Petitioner testified that the apartment was filthy and in disrepair when he moved in. Mr. Robert Youngblood, the HUD inspector failed the apartment on a Housing Quality Services inspection due to a broken bathroom fan and requested that the fan be repaired by May 22, 2012. Mr. Dawley told Petitioner the dog would have to go. Petitioner said he would move out, but wanted a return of all his rent and deposit money. Petitioner called the Milton Police Department on May 27, 2012, to have an officer present when he moved out "to avoid any trouble." An officer and Mr. Dawley were present on May 28 when Petitioner moved out, which occurred without incident. Mr. Dawley returned $58 to Petitioner, keeping $14.51 per each day of Petitioner's tenancy (the prorated amount of $500 per month rent) and $200 to have the apartment cleaned due to the pet having been present. Petitioner claims that Respondents never had the apartment cleaned after he moved out to which Mr. Dawley produced a receipt for a carpet cleaning machine rental on June 6, 2012. Petitioner disputes the rental as having been made, if at all, for cleaning other apartments. He has no direct evidence that Mr. Dawley did not clean the apartment upon his moving out. Petitioner is seeking the return of the entire $500 he gave Respondents as the first two weeks' rent and security deposit. Petitioner acknowledges he received a $58 refund. Petitioner produced no evidence of discrimination by Respondents on the basis of his disability. His entire claim is based upon the fact that he needs the service animal to help with his depression and that Respondents were aware of the presence of the dog prior to Petitioner moving into the apartment and accepted him as a tenant with a pet.
Recommendation Based on the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the claim for relief brought by Petitioner. DONE AND ENTERED this 26th day of October, 2012, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of October, 2012. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Anthony Sager 6665 Magnolia Street Milton, Florida 32570 Hubert and Martha Dawley 4661 Keyser Lane Pace, Florida 32571 Lawrence F. Kranert, Jr., General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue 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 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.
The Issue Whether Respondents committed discriminatory housing practices against Petitioner as alleged in the Petition for Relief filed by Petitioner.
Findings Of Fact Petitioner is a female of African-American descent. Respondents are father (Vejai) and son (Manooj). Respondents own and operate certain apartments in Broward County, Florida. At the times relevant to this proceeding, Respondents rented an apartment to Petitioner. From time to time Respondents had to enter Petitioner’s apartment to make repairs or perform maintenance. Neither Respondent entered Petitioner’s apartment without the other Respondent. Petitioner testified that Respondent Vejai Kumar came into her apartment without her permission and that he sometimes peeped in her window. She testified that on one occasion when Vejai Kumar thought he was alone in her apartment, she saw him massaging his penis while looking at a picture of her. Petitioner testified that Vejai Kumar made unwanted sexual overtures towards her. Petitioner testified that Manooj Kumar called her “an AIDS bitch.”3 Petitioner offered no evidence to support her allegation that Respondents viewed all blacks as being “low life.” There was no evidence that Petitioner had been the victim of any form of housing discrimination. Manooj Kumar testified that he and his father are not biased against blacks and that they do not discriminate against their tenants, who are racially mixed. He testified, credibly, that Petitioner’s accusations were false.
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 16th day of August, 2004, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON 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 16th day of August, 2004.
The Issue Whether Respondent, Assad F. Malaty, discriminated against Petitioners, Dr. James E. Townsend and his niece, Contessa Idleburg (formerly, Ms. Rogers), in violation of the Florida Fair Housing Act and, if so, the appropriate remedy therefor.
Findings Of Fact Based on the weight of the credible evidence, Dr. Townsend has a qualifying handicap under the FFHA. He suffered a stroke in May 2014, upon which the requested modifications and accommodations were based. The stroke substantially limited one or more major life activities, given his need for using a wheelchair and walker. § 760.22(7)(a), Fla. Stat. Mr. Malaty conceded as much at the hearing.3/ Based on the weight of the credible evidence, Ms. Idleburg has a qualifying handicap under the FFHA. She has a shunt to drain fluid from her brain, has received Supplemental Social Security Income since at least 2014, and also has used a walker. That said, the evidence is undisputed that Petitioners requested the modifications and accommodations solely to assist Dr. Townsend after he suffered the stroke. Thus, Ms. Idleburg’s handicap is not relevant to the claims at issue. Based on the weight of the credible evidence, Petitioners informed Mr. Malaty in May 2014 that Dr. Townsend suffered a stroke and requested that he make several modifications to the Unit, including handrails in the bathroom, and handrails and a ramp at the front door, and to accommodate them by assigning them a parking spot outside the Unit. There is no dispute that the requested modifications and accommodation were never made. Importantly, however, the evidence does not establish that Petitioners’ renewed those requests again before they filed complaints with the Department of Justice in late 2016 and HUD in early 2017.4/ Although Dr. Townsend reminded Mr. Malaty in a December 2016 letter that he had failed to make the requested the modifications, the undersigned finds that letter to be more in the nature of a response to Mr. Malaty’s threat of eviction rather than a renewed request to accommodate them. The weight of the credible evidence also confirms that Petitioners never offered to pay for the handrails, ramp, or signage for the requested parking spot. Indeed, Dr. Townsend testified that he believed Mr. Malaty was responsible for making such modifications as the owner of the Unit. Based on the weight of the credible evidence, the undersigned finds that Mr. Malaty did not evict Petitioners because of their handicaps or their requests for modifications or an accommodation. Mr. Malaty initially threatened to evict them for failing to pay rent in January 2013, reducing their rent in September and December 2016, and failing to take care of the lawn as required in the lease. It had been three years since Petitioners requested the modifications and accommodation due to Dr. Townsend’s stroke and they did not re-raise those issues again until after Mr. Malaty threatened to evict them for failing to pay the rent. The evidence also is clear that Petitioners could have avoided eviction by paying the missed rent by December 29, 2016. But, they failed to do so and then did not pay their rent in January 2017, which ultimately led to Mr. Malaty filing the eviction action.
Conclusions For Petitioners: James E. Townsend, Sr., pro se Contessa Idleburg, pro se Apartment 2101 140 Aida Street Lakeland, Florida 33805 For Respondent: Charlann Jackson Sanders, Esquire Law Office of Charlann Jackson Sanders 2225 East Edgewood Drive, Suite 8 Lakeland, Florida 33803
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing Petitioners’ Petition for Relief. DONE AND ENTERED this 19th day of December, 2019, in Tallahassee, Leon County, Florida. S ANDREW D. MANKO Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 2019.
The Issue The issue in this case is whether Respondent, Hardin Hammock Estates (hereinafter referred to as "Hardin"), discriminated against Petitioner, Ms. Celeste Washington (hereinafter referred to as Ms. Washington), on the basis of her race in violation of the Florida Fair Housing Act, Sections through 760.37, Florida Statutes.
Findings Of Fact The Parties. Celeste Washington is a black adult. Hardin is a housing rental complex with 200 single- family residences. Hardin is located in Miami-Dade County, Florida. Hardin provides "affordable housing" to lower-income individuals and, therefore, its residents are required to meet certain income requirements in order to be eligible for a residence at Hardin. At the times material to this proceeding, Hardin was managed by Reliance Management Incorporated (hereinafter referred to as "Reliance"). At the times material to this proceeding, Salah Youssif, an employee of Reliance, acted as the property manager at Hardin. Mr. Youssif is himself black, having been born in Sudan. Ms. Washington's Charge. On or about August 29, 2002, Ms. Washington filed a Complaint with the Commission. After investigation of the Complaint, the Commission issued a Determination of No Reasonable Cause, concluding that "reasonable cause does not exist to believe that a discriminatory housing practice has occurred" and dismissing the Complaint. On or about May 5, 2003, Ms. Washington filed a Petition with the Commission. Ms. Washington alleged in the Petition that Hardin had violated the Florida Fair Housing Act, Sections 760.20 through 760.36, Florida Statutes. In particular, Ms. Washington alleged that Hardin had "violated the Florida Fair Housing Act, as amended, in the manner described below": Washington was told that the waiting list at Hardin Hammock Estates was closed. She visited this development twice and was told the waiting [sic] was close [sic]. At that time she viewed the wating [sic] list and the majority of the names are [sic] Hispanic. Islanders do not consider themselves as Black Americans. The "ultimate facts alleged & entitlement to relief" asserted in the Petition are as follows: Hardin Hammocks has willful [sic] and [knowingly] practice [sic] discrimination in there [sic] selection practice and a strong possibility that the same incomes for Blacks & others [sic]. Black Americans rent is [sic] higher than others living in these [sic] developments. At hearing, Ms. Washington testified that Hardin had discriminated against her when an unidentified person refused to give her an application and that she believes the refusal was based upon her race. Management of Hardin; General Anti-Discrimination Policies. The residence selection policy established by Reliance specifically precludes discrimination based upon race. A human resource manual which describes the policy has been adopted by Reliance and all employees of Reliance working at Hardin have attended a workshop conducted by Reliances' human resource manager at which the anti-discrimination policy was addressed. An explanation of the Federal Fair Housing Law of the United States Department of Housing and Urban Development is prominently displayed in the public area of Hardin's offices in both English and Spanish. As of July 1, 2002, approximately 52 of Hardin's 200 units were rented to African-American families. Hardin's Application Policy. When Mr. Youssif became the property manager at Hardin, there were no vacancies and he found a disorganized, outdated waiting list of questionable accuracy. Mr. Youssif undertook the task of updating the list and organizing it. He determined that there were approximately 70 to 80 individuals or families waiting for vacancies at Hardin. Due to the rate of families moving out of Hardin, approximately one to two families a month, Mr. Youssif realized that if he maintained a waiting list of 50 individuals it would still take approximately two years for a residence to become available for all 50 individuals on the list. Mr. Youssif also realized that, over a two-year or longer period, the individuals on a waiting list of 50 or more individuals could change drastically: their incomes could change; they could find other affordable housing before a residence became available at Hardin; or they could move out of the area. Mr. Youssif decided that it would be best for Hardin and for individuals interested in finding affordable housing that Hardin would maintain a waiting list of only 50 individuals and that applications would not be given to any person, regardless of their race, while there were 50 individuals on the waiting list. Mr. Youssif instituted the new waiting list policy and applied it regardless of the race of an applicant. If there were less than 50 names on the waiting list, applications were accepted regardless of an individual's race; and if there were 50 or more names on the waiting list, no application was accepted regardless of an individual's race. Lack of Evidence of Discrimination. The only evidence Ms. Washington presented concerning her allegations of discriminatory treatment is that she is black. Although Ms. Washington was refused an application for housing at Hardin,3 the evidence failed to prove that Ms. Washington's race played any part in the decision not to give her an application.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing Celeste Washington's Petition for Relief. DONE AND ENTERED this 20th day of November, 2003, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN 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 November, 2003.
The Issue Whether Respondent committed a discriminatory housing practice by denying Petitioners the opportunity to rent or purchase and ordering them to vacate their unit immediately and, if so, what relief should the Florida Commission on Human Relations provide Petitioners.
Findings Of Fact Because no evidence was offered at the final hearing held in the instant case, no findings of fact are made.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED that the Commission issue a Final Order dismissing Petitioners' Petition. DONE AND ENTERED this 29th day of July, 2005, 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 29th day of July, 2005. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Remberto Gomez Marta Gonzalez 15220 Southwest 300th Street, Lot 534 Miami, Florida 33033 Robert E. Paige, Esquire 9500 South Dadeland Boulevard, Suite 550 Miami, Florida 33156
