The Issue The issue in this proceeding is whether Respondents committed discriminatory housing practices against Petitioners based on their familial status.
Findings Of Fact The Petitioners appeared but presented no evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the FCHR enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 3rd day of October, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 3rd day of October, 2008.
The Issue Whether Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with his dwelling based on his handicap, and whether Respondent refused to make reasonable accommodations in its rules, policies, practices, or services necessary to afford Petitioner equal opportunity to use and enjoy a dwelling in violation of the Florida Fair Housing Act, chapter 760, Part II, Florida Statutes.
Findings Of Fact Petitioner is a homeowner in the Royal Highlands community in Leesburg, Florida, and has been a member of the RHPOA since moving into his home in April 2001.1/ From September 2010, through February 2011, Petitioner served on the RHPOA Board of Directors. Respondent is a property owners? association, membership in which is limited to property owners in the Royal Highlands residential community in Leesburg, Florida. There are 1,499 homes in the Royal Highlands community. The community is divided into twelve “districts.” Respondent?s Board of Directors (Board) consists of one representative from each of the twelve districts. Meetings of the Board are held monthly, except for August when community activities are typically sparsely attended. Leland Management is a community association management company that provides management services to the RHPOA along with other community associations. Petitioner alleged that he suffers from a disability because he walks with the use of a cane, and that his ability to speak is impaired as a lingering effect of a 2004 neck surgery that involved insertion of an endotracheal tube during and immediately after the procedure. During the month of February 2011, Petitioner was running for reelection to the RHPOA Board of Directors. On the day of the election, and prior to the vote of the membership, Petitioner appeared at the RHPOA meeting to make a final statement and thank his supporters. He walked to the front of the community meeting room, known as the Great Hall, but did not want to take the steps up to the elevated stage for fear that he might lose his balance and fall off. Petitioner was given a microphone and he thanked his supporters from the base of the stage. Afterwards, he walked back to his seat. Petitioner was not reelected to the Board, but continued to attend meetings as a member of the RHPOA. A monthly meeting of the RHPOA was held on July 13, 2011. The agenda included four items, including an item that would authorize the Board of Directors to retain legal counsel in the event a threatened lawsuit was filed against Bob Fitzpatrick, who was then the president of the RHPOA. The nature of the potential lawsuit was not in evidence, except that it involved a complaint filed with the Lake County Sheriff by Petitioner against Mr. Fitzpatrick. Mr. Fitzpatrick recused himself from the vote, since any legal fees would be expended on his behalf as president. John Banahan, then the vice-president of the RHPOA, acted as chair during the consideration and vote on the agenda item. The RHPOA allows members to speak regarding any issue on the agenda. Members must sign a “Sign-Up Sheet to Speak to Agenda Item” for each item on which they wish to be heard. Members are allowed three minutes to speak on each issue for which they have signed up. The minutes regarding a particular agenda item typically reflect only whether a motion was made, who seconded the motion, who voted, and the results of the vote. When there is a significant amount of discussion, the minutes may, as did the minutes for the legal counsel agenda item of the July 13, 2011 meeting, include something no more detailed than “[m]uch discussion, residents and Board Members.” Neither the comments of property owners nor the discussions of the Board members as to an agenda item are recorded in the minutes of meetings of the RHPOA. When Petitioner was on the Board, he would routinely take notes at meetings, and then destroy the notes after the meeting was concluded. That was consistent with the practice described by other testifying members of the Board. Petitioner attended the July 13, 2011 meeting of the RHPOA with his wife. He entered the meeting room on his own power and without difficulty, though he used a cane, signed up at the door to speak on the agenda item regarding the Board?s proposal to retain legal counsel, and took a seat at one of the tables. Petitioner made no request for assistance of any kind at the time he signed up to speak. Stacey Peach attended the July 13, 2012 meeting as a representative of Leland Management. Ms. Peach periodically attends meetings of the various associations served by Leland Management. Her attendance at the July 13, 2012 RHPOA meeting was coincidental. Ms. Peach was seated at a table in front of Petitioner. When it was his turn to speak on the legal counsel agenda item, Petitioner was recognized by Mr. Banahan. Petitioner announced, without assistance of a microphone, that he could not go to the podium. Mr. Banahan noted “confusion” in the audience, but did not realize what was going on with regard to Petitioner?s request to speak on the agenda item, though he understood that Petitioner was unable to come to the podium at the front of the room. Mr. Banahan testified convincingly that he had no problem with Petitioner speaking from his seat. He was aware of at least two other instances in which a microphone was taken to an attendee of a Board meeting so as to allow them to speak while seated, one of which occurred when he was a member of the Board. Ms. Peach heard Petitioner state that he was not able to go to the podium to offer his comments. She thereupon got a portable microphone and handed it to Petitioner. Petitioner asked Ms. Peach if she would speak on his behalf. Petitioner had not spoken with Ms. Peach earlier, and his request caught her off guard. Not knowing what Petitioner wanted her to say, she declined to speak for him. Her refusal was based on surprise and uncertainty, and not on any discriminatory motive. After Ms. Peach declined to speak on Petitioner?s behalf, Petitioner took the microphone provided to him, and offered his comments on the agenda item from his seat. Petitioner testified that as long as the microphone was working, he saw no reason why he would not have been heard. Except for Ms. Hoffman, whose testimony is discussed below, the witnesses who were asked indicated they had no problem hearing what Petitioner had to say, though none could remember the substance. Petitioner testified that he made a specific request of Mr. Banahan to allow someone to speak on his behalf, and that Mr. Banahan refused the request. Petitioner?s testimony was contradicted by Ms. Peach, who was directly involved in the incident; Mr. Norden, who was seated next to Petitioner; Mr. Reichel, who attended the meeting as a Board member; and Mr. Banahan. The greater weight of the evidence establishes that no request for another person to speak on Petitioner?s behalf was made to any member of the Board, and that the only such request was made, without prior notice, to Ms. Peach. Petitioner?s claim that his request was denied by Mr. Banahan was supported only by the testimony of Ms. Hoffman. However, Ms. Hoffman?s testimony was undermined by the fact that her overall account of the incident differed in several significant and material respects from the testimony of other witnesses, including that of Petitioner. For example, Ms. Hoffman indicated that Ms. Peach was not asked to speak for Petitioner, that Petitioner asked someone seated next to him to speak, that Petitioner had difficulty reading his notes, that Petitioner was unable to complete his comments, and that Petitioner?s speech was, at best, marginal. Whether Ms. Hoffman?s description of events was the result of a poor vantage point or of poor memory, it is not credited. Mr. Banahan testified that if Petitioner had been unable to speak, he would have allowed someone to read a statement on his behalf.2/ However, Mr. Banahan testified that he was not asked to make such an accommodation, and that Petitioner was able to comment on the agenda item from his seat. Mr. Banahan?s testimony is credible and is accepted. Mr. Banahan testified that he has known Petitioner from his service as a member of the Board and never perceived him as having a handicap. Mr. Banahan knew that Petitioner walked with a cane. However, Mr. Banahan?s wife walks with a cane and he does not consider her to have a handicap. Petitioner provided Respondent with no medical records, letters from his physicians, or competent evidence of any kind to establish that he had a disability or that he required an accommodation in order to participate in the July 13, 2011 meeting, nor did he produce any such evidence at the hearing. At the hearing, based upon the undersigned's observation, Petitioner had little or no difficulty walking or speaking. Petitioner failed to prove that he has a physical impairment that substantially limits one or more major life activities, or that he was regarded by any director or member of the RHPOA as having any such physical impairment. To the contrary, the greater weight of the evidence demonstrates that Petitioner does not suffer from a handicap as defined in the Fair Housing Act. Ultimate Findings of Fact There was no competent, substantial evidence adduced at the hearing that Petitioner suffered from a handicap that hindered his ability to actively participate in the July 13, 2011 RHPOA meeting. There was no competent, substantial evidence adduced at the hearing that Respondent knew of any alleged handicap or regarded Petitioner as being handicapped. There was no competent, substantial evidence adduced at the hearing that Respondent failed to reasonably accommodate Petitioner when he asserted that he would not be able to walk to the podium. The evidence adduced at the hearing established that Petitioner made no direct request to any member of the RHPOA Board of Directors to allow someone to speak on his behalf. The evidence adduced at the hearing established that Petitioner was able to clearly state his comments on the legal representation agenda item by using the portable microphone provided to him by Ms. Peach. The evidence did not establish that Petitioner was the subject of unlawful discrimination in the provision of services or facilities in connection with his dwelling based on his handicap, or that Respondent refused to make reasonable accommodations in its rules, policies, practices or services necessary to afford Petitioner equal opportunity to use and enjoy his dwelling.
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. 2012H0158. DONE AND ENTERED this 18th day of October, 2012, in Tallahassee, Leon County, Florida. S E. GARY EARLY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of October, 2012.
The Issue Whether Respondents, Park Lane Condominium Owners Association, Jim Faix, and Polaris Property Management, Inc.,1 discriminated against 1 Respondents will collectively be referred to as Respondents, but Park Lane Condominium Owners Association will be referred to as the Association, and Polaris Property Management, Inc., will be referred to as Polaris. Jim Faix will be referred to as Mr. Faix. Petitioner, Benedict Theisen (Mr. Theisen or Petitioner), on the basis of Mr. Theisen’s disability in violation of the Florida Fair Housing Act (the Act), sections 760.20 through 760.37, Florida Statutes (2019),2 and, if so, the relief to which Petitioner is entitled.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing the following Findings of Fact are made: Petitioner is a 75 year-old male who resides in a second floor condominium unit located at 2155 Wood Street, Sarasota, Florida. Mr. Theisen has lived in his condominium unit for over 29 years. Beginning at age 59, Mr. Theisen’s health started declining, and he began taking his Social Security retirement at age 62. Mr. Theisen experiences shortness of breath and considerable pain in his feet and legs when walking or climbing stairs. He uses a motorized scooter when possible. Mr. Theisen has an unrebutted diagnosis of diabetic peripheral neuropathy. Mr. Theisen has a physical handicap as defined by the Act, section 760.22(7)(a). The Association is the managing body for the Park Lane Condominium (Condo), which is a 49 unit condominium located at 2155 Wood Street, Sarasota, Florida. The Condo was originally built as an apartment complex in the late 1950s, and converted to condominium ownership in 1979. James Faix is the manager for the Association. He holds a bachelor’s degree and has multiple certifications and licensures. Polaris is a property management company that engaged Mr. Faix as the Association’s manager. Mr. Theisen, acting on his belief that his request for a chair lift6 had been approved by the Association,7 received an estimate/invoice from Florida Surgical Supply for the installation and removal of a chair lift at his Condo 6 The term chair lift and stair lift were used interchangeably throughout the hearing and the emails. 7 No evidence was introduced at hearing that the Association had “approved” the chair lift in 2018. There was testimony that in the fall of 2018, Mr. Theisen and Mr. Faix discussed what requirements the Association (or Board) “would approve” for a chair lift. Mr. Theisen testified that he did not speak directly with any Board member about the stair lift. for $1,500.00. The “Delivery Day/Date” on the estimate/invoice was handwritten: “9/13/19.” Bryan Ball, the owner of Florida Surgical Supply, testified that he has been in business for 36 years, and has installed a number of chair lifts. He is not a licensed contractor, but has a Sarasota County business license, tax identification number, and liability insurance. Mr. Ball met Mr. Theisen through the church they attend, and Mr. Ball agreed to provide Mr. Theisen with a chair lift at cost. On Friday, September 13, 2019, Mr. Theisen sent an email to Mr. Faix, which reiterated Mr. Theisen’s understanding of the Association’s requirements for his reasonable accommodation of a stair lift: Hi Jim, Recalling your explanation of the board’s requirements in regard to their reasonable accommodation of a stair lift to wit: I [Mr. Theisen] must pay for the stair lift myself and the stair lift must be removed upon my death or permanent departure from my unit. Attached is the doctor’s prescription which is also being provided to the installer. The installer company has agreed to remove the stair lift upon my death or permanent departure from my unit. .. I do not have an exact figure for the electrical usage but it isn’t much. If it can be calculated that amount could be added to my monthly condo fee. I suppose the power supply will have that information printed on it. Thanks for your tracking that all down for me. I guess it was a year ago. I hope I thanked you then as well. Regards, Pete The “doctor’s prescription” from S. Lexow, M.D., provided, in pertinent part: Theisen, Pete Date: 9-12-19 ? Stair lift. Dx- Diabetic peripheral neuropathy (E13.42) [Dr. Lexow’s signature] Mr. Faix responded to Mr. Theisen via email later that same day. Mr. Faix’s response provided: Pete, I wish I would have had this in time for the board meeting last night. I’ll send it off to the board now and maybe I can get their consent. Will let you know as soon as I can. Stay tuned. ... Jim On Tuesday, September 17, 2019, Mr. Faix emailed Mr. Theisen the following: Pete, The stair lift has been approved. OK to proceed. They are putting together an agreement for you to sign regarding paying for the installation, continued maintenance, removal once you’re no longer using it, and restoring the lobby to its original condition after removal. These are the things we talked about, but well [sic] need to put in writing for the future. I’ll let you know when I get it and we can get together to sign it. In the meantime, I would like to create a file on this. Can you have your installer send me some technical data sheets on the product, and some drawings on how this will be installed and maybe some pictures if available I’m curious to know which side of the staircase it will be installed: along the wall or along the rail? It doesn’t matter, but I’m just curious. BTW, are you getting some sort of key switch installed? Is there a way to prevent others from using or abusing it? I would be concerned with the Association’s liability if an unauthorized person used it and injured themselves. Please ask your installer about this. He’s probably addressed this issue before. I’ve never been involved with a stair lift installation and it’s rather fascinating. Best regards, Jim Faix Polaris Property Management, Inc. Mr. Theisen responded to Mr. Faix via another email that reiterated his position that he would be okay with the agreement if it complied with the HUD guidelines. Mr. Theisen included in this email that: he had forwarded Mr. Faix’s request to the installer; confirmed there was a key switch; explained that the seat could be installed on either side of the stair well, and the seat and arms folded up to take up very little room; and stated that the installer paints the ends of the rails with high visibility paint so people could see them. Lastly, Mr. Theisen suggested that once the chair lift was installed there might be other residents who would want to use the lift, and they should plan for that issue. Later on September 17, 2019, a five-page “COVENANT RUNNING WITH THE LAND AND INDEMNIFICATION AGREEMENT” (Original Covenant) was emailed to Petitioner. The Original Covenant contained a lot of “legalese” phrases8 and 14 specific clauses that both the Association and Petitioner had to agree upon. For example, one “legalese” phrase was a recitation for the consideration for the agreement clause, (“NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00), the permission and approval by the Board to allow the Owner to undertake and maintain the requested Improvement, and for other good and valuable consideration.”). Even later on September 17, 2019, Mr. Theisen’s reaction was emailed to Mr. Faix: That is ridiculous. The agreement is that the installer put it in and remove it when I die or move and I pay for it. No $10, no insurance, no hairsplitting none of all the rest of it. I told you that attorney was sneaky. Mr. Theisen provided another email to Mr. Faix which provided: “No $10, no insurance, no hairsplitting,” but Mr. Theisen did not elaborate on what else was “ridiculous” about the Original Covenant. Petitioner sent Mr. Faix another email stating that he (Mr. Theisen) was turning the Original Covenant over to “HUD,” and if HUD told Petitioner to sign it, he would. In addition to seeking HUD information and guidance, Mr. Theisen also arranged to consult with a legal aid attorney. Mr. Theisen could not get an appointment until sometime in October 2019. Late on September 18, 2019, Mr. Theisen emailed Mr. Faix the following: It is killed. Because the provider had a temporary over-stock of last year’s model (functionally and cosmetically the same as the latest model) that I 8 Upon review of the Covenant, the first “WHEREAS” clause provided that Mr. Theisen had requested permission to “install a motorized chair lift on the exterior of the building containing” his unit. Based on the oral descriptions and pictures entered in evidence, this was an obvious error in drafting, as the stairwell was within the lobby of the building. would have been able to take advantage of. About half price. I could afford it at that price. By the time the lawyers get done muddying the waters that will be over for a long time, perhaps forever. During season they will sell them out and have back-orders. Killed the deal. If the government websites are to be believed, the lawyers are wrong. Not just wrong, but deliberately wrong – they have to know what the government policy is. I have had business with that firm before, on another controversy with the Wood Street board. I don’t understand why the government doesn’t crack down on them, and/or crack down on the board. Maybe they have “friends”.[sic] I don’t blame you. I know the board always has a majority despot composition. And that law firm caters to despots. Mr. Theisen and Mr. Faix exchanged a number of emails between September 17 and October 1, 2019, regarding the Original Covenant and the legal aid appointment Mr. Theisen requested. Mr. Theisen emailed Mr. Faix that his legal aid appointment was scheduled for October. Mr. Theisen subsequently told the installer that the deal was killed. When Mr. Faix offered that the deal was not killed, just postponed, Mr. Theisen responded via email that by postponing the deal, it was killed. After his October 9, 2019, appointment with a legal aid attorney, Mr. Theisen repeated to Mr. Faix that the Original Covenant was “over- lawyered,” but did not provide specifics as to his objections. Mr. Theisen then filed his complaint with HUD and FCHR. In mid-October, Mr. Faix responded to an inquiry from HUD on behalf of the Condo, Polaris, and himself regarding the chair lift issue. Mr. Faix’s HUD response and his credible testimony confirmed that at the time of the HUD response, Mr. Theisen’s requested accommodation had been approved, but that Mr. Theisen objected to the Original Covenant. The outstanding problem was that the Condo, Polaris, and Mr. Faix did not know which provisions of the Original Covenant Mr. Theisen found objectionable. In late October, Mr. Faix, as the managing agent for the Condo and on behalf of Polaris, responded to a similar inquiry from FCHR. Mr. Faix again provided that Mr. Theisen’s requested accommodation had been approved, but that Mr. Theisen objected to the Original Covenant. Mr. Faix offered that Respondents were willing to work with Mr. Theisen, but were not aware of the exact objections that he held. Further, Mr. Faix indicated Respondents would participate in a conciliation attempt. At hearing (roughly 11 months after the Original Covenant was provided), Mr. Theisen verbalized his objections with the Original Covenant as the $10.00 consideration and paragraphs 3 through 7. At some point between October and January, FCHR provided Petitioner’s objections to Respondents. As a result of being told what the objections were, the Original Covenant was reduced from a five-page document to a one-page document, known as the Covenant (Second Covenant). This Second Covenant was provided to Mr. Faix and Mr. Theisen on or about January 23, 2020. Mr. Theisen shared his objections to the Second Covenant via an email to FCHR. Mr. Theisen provided that this Second Covenant was an improvement, but he could “not agree to numbers 2, 3, and 4.” Those sections provided: The Owner will hire an installer to install a motorized chair lift on the interior of the building containing Unit B-4 who is licensed and insured for furnishing such work and only such installer may furnish such work. Prior to commencing such work, the Owner or installer shall obtain any required building permits from the City of Sarasota or Sarasota County, as applicable, to allow for such work to proceed. Upon completion of such work, the work shall be inspected and approved by the appropriate government agency having jurisdiction of the work. At least two (2) business days before commencing such work, the Owner or installer shall furnish the Association, through its management, evidence that the installer is licensed and insured for furnishing such work, a copy of any permit issued for the work, the make and model of all equipment to be installed, the mechanical mounting and electric hookup, power requirements, and the scheduled installation and repair dates and times. Mr. Theisen objected to the requirement that the installer be licensed and insured, because the chair lift was going to be installed by a mechanic, who according to Mr. Theisen did not need to be certified. Mr. Theisen repeatedly testified that no building permits were necessary, and there was no need for the completed work to be inspected or approved by an appropriate government agency. Other than his self-serving testimony, Mr. Theisen did not provide competent evidence that permits, licenses, and inspections were not necessary. Mr. Ball testified he provided the $1,500.00 installation invoice offer to Petitioner in September 2019, but “pulled out” of the invoice offer in January 2020, when the project became too costly for him. Mr. Theisen notified Mr. Faix at least two times after receiving approval that the chair lift installation was “killed.” However, both parties attempted to come to a positive resolution. The term “condominium” is a form of real property ownership created pursuant to chapter 718, Florida Statutes. A condominium is comprised entirely of a collection of units and common areas along with the land upon which it sits. Units may be owned by one or more persons and those unit owners own a pro rata share of all the common elements. Each unit owner has exclusive ownership or rights to their unit’s interior space. Each unit owner also owns an undivided interest with the other unit owners in the common elements, which interest cannot be separated from the unit. Those common elements are controlled by a condominium owners’ association. Generally, the condominium owners’ association is responsible for the condominium’s assets as well as its operation in accordance with standards established by state and federal law, local ordinances, and the governing documents upon which the entity itself was created. This includes the repair and maintenance of the common areas, including the building(s) exterior. The condominium owners’ association involves a commitment to all the owners to make decisions on behalf of all owners. One of a condominium owners’ association’s goals is to ensure that the facility’s common elements are kept in a reasonable condition for everyone’s use. It is common practice to use covenants running with the land to allow unit owners to make improvements to the common elements within reason. Although the undersigned was not provided with a copy of the Condo’s Declaration or by-laws, Mr. Faix provided the requisite insight with respect to the Association. In this instance, there are 49 units in the Condo. The Association is composed of five elected volunteer members. The Association received Mr. Theisen’s request for a reasonable accommodation, the installation of a stair lift, and approved it. The Association, via Mr. Faix, notified Mr. Theisen of the approval, and that an agreement was being prepared for the future. The Covenant was not an unreasonable request, but one for the viability of the Condo. There was an unfortunate breakdown in communication and lengthy delay between Mr. Theisen and the Association over his objections to that agreement, caused in large part by Mr. Theisen’s refusal to identify his specific objections. This does not negate the Association’s approval of the requested accommodation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief filed by Petitioner Benedict Theisen. DONE AND ENTERED this 25th day of September, 2020, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of September, 2020. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Benedict Peter Theisen Pete Theisen 2155 Wood Street B 4 Sarasota, Florida 34237 (eServed) Mark W. Lord, Esquire 46 North Washington Boulevard, Suite 16D Sarasota, Florida 34236 (eServed) Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Paul Edward Olah, Esquire Law Offices of Wells Olah, P.A. 1800 Second Street, Suite 808 Sarasota, Florida 34236 (eServed) Jim Faix Park Lane Condominium Association No. 376 8437 Tuttle Avenue Sarasota, Florida 34243
Findings Of Fact Based on the undisputed facts included in pleadings filed in this proceeding and on the documentary evidence attached to the Association's Renewed Motion to Dismiss, the following findings of fact are made: On or about April 16, 1999, Ms. Thornhill filed a complaint with the Department of Housing and Urban Development, in which she accused the Association of housing discrimination on the basis of handicap and coercion. The complaint was apparently based on the Association's attempts to make Ms. Thornhill remove a set of steps leading from the terrace of her apartment. In June 1999, the Association filed a civil lawsuit against Ms. Thornhill in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, styled Admiral Farragut Condominium Association v. Maria Thornhill, Case No. 99-15567 CA 22. On or about September 21, 1999, Ms. Thornhill, through her attorney, filed Defendant, Maria Thornhill's Answer to Complaint. Included in the answer was a Counterclaim filed by Ms. Thornhill, through her attorney, against the Association, in which she sought injunctive relief and damages against the Association pursuant to Section 760.35(1) and (2), Florida Statutes. 1/ She asserted in the Counterclaim that she had filed a discrimination complaint against the Association with the Department of Housing and Urban Development, which had been referred to the Commission and that this complaint was still pending before the Commission. Ms. Thornhill alleged in the Counterclaim that the Association had engaged in housing discrimination against her on the basis of her handicap because it had refused to accommodate her disability by giving her permission to retain the steps she had installed leading from the terrace of her apartment. Ms. Thornhill also alleged that the Association had "authorized or acquiesced in a series of actions intended as harassment and retribution" against Ms. Thornhill for having filed a housing discrimination complaint. The factual and legal bases on which Ms. Thornhill requests relief in the Petition for Relief filed with the Commission and in the Counterclaim filed in circuit court are virtually identical.
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 administrative complaint filed by Maria T. Thornhill to enforce rights granted by the Florida Fair Housing Act, Sections 760.30 through 760.37, Florida Statutes. DONE AND ENTERED this 7th day of November, 2000, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO 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 7th day of November, 2000.
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 Whether Respondent, Harbour Pointe of Perdido Key Condominium Association, Inc. (Respondent or Condominium Association), violated the Florida Fair Housing Act, sections through 760.37, Florida Statutes,1/ by engaging in discriminatory housing practices.
Findings Of Fact Petitioner, James Henkel (Petitioner), is a full-time resident of unit 609 within Harbour Pointe of Perdido Key Condominium. Petitioner is wheel-chair bound. He is physically disabled and protected for the purposes of the Florida and Federal Fair Housing Acts. Respondent is a condominium association charged with operation of the Harbour Pointe of Perdido Key Condominium (Condominium). The Condominium was developed by Harbour Pointe Land and Finance, LLC, a Florida Limited Liability company. Respondent is the successor in interest to the developer. Respondent now manages and maintains the Condominium common areas through its board of directors. Although Respondent has made subsequent changes with regard to security gates for the pool and dock, Respondent had no role in the design or development of the Condominium. The subject entrance and exit doors have opening pressures that vary, but are usually out of compliance with applicable Florida and Federal standards for handicap access. However, despite Petitioner’s allegations, the evidence does not support a finding that any of the door closers that are out of compliance have been altered since ownership of the Condominium was transferred and Respondent became responsible for management and operation of the Condominium. At one point in time, Respondent altered the pool gate in a manner inconsistent with the Federal Housing Authority (FHA) Design Manual. Respondent, however, has since made alterations to the pool gate to make it compliant and has a pending work order for additional changes, at Respondent’s expense, designed to make the pool gate’s key pad even more accessible to Petitioner. Access to the boat slip portions of the Condominium dock is a “Limited Common Element” that has always been limited to Condominium unit owners with assigned rights to one or more dock slips. See sections 3.20, 4.1, and 8.1B of the Condominium’s Declaration of Condominium. Petitioner’s unit does not have an assigned dock slip. Petitioner, however, along with other residents without boat slips have historically had access to the dock through a gate and key pad, the combination of which was provided to all unit owners. Initially, access to the dock for Petitioner and other residents who did not own boat slips was not a problem because there was only one gate to the dock and, once through the gate, Petitioner and other residents could proceed to the end of the dock where there was ample room to turn around a wheelchair. Although not officially designated as a common area, in essence, all residents, including Petitioner, with permission of the boat owners, enjoyed access to the dock, except for the boat slip areas. Later, however, security issues arose regarding the dock. Non-residents were going around the single security gate to get on the dock. With the goal of increasing security, Respondent installed a second gate further down on the narrow walkway portion of the dock before the end. Even after that, non-residents were accessing the dock by breaking the lock on the second gate or climbing around and jumping up on the other side of the pier. Respondent repaired the gate locks on more than one occasion, and has since made additional changes to the second gate to make it more difficult to get through or around. Petitioner agrees that dock security was a problem that needed to be addressed. The problem is that Petitioner cannot get through the second gate and the width of the dock between the gates is inadequate for Petitioner to turn around his wheelchair. If the area between the gates was common area, it would not meet the Federal Housing Authority (FHA) Design Manual standards. At the time of hearing, however, the dock area between the gates was not common area, and the evidence was insufficient to show that the dock was ever common area. Specifically, after assessing the issues and receiving two legal opinions that the entire dock was a “Limited Common Element” with access limited to condominium unit owners with assigned boat slips, Respondent’s board voted to change the condominium document with an amendment for improvements that would allow access for residents without boat slips, including access that would meet the needs for wheelchair access. That amendment, however, made it clear that, until the improvements were completed, access between the first and second gates is a Limited Common Element restricted to boat slip owners. In other words, the evidence failed to show that Petitioner or any other non-boat slip owners are entitled to access to the dock during the dock improvement design and construction. While Petitioner may have a claim if the ultimate improvements do not comply with applicable FHA standards, that claim is not ripe for consideration. In sum, Petitioner failed to show that Respondent discriminated against him because of his 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 Complaint and Petition for Relief. DONE AND ENTERED this 31st day of March, 2015, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, III 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 31st day of March, 2015.
The Issue The issue is whether the Florida Commission on Human Relations (FCHR) properly dismissed this matter for lack of jurisdiction.
Findings Of Fact Petitioner, as a first-time home buyer, applied for and was pre-approved by Cendant Mortgage Corporation d/b/a/ Century 21 Mortgage for a mortgage loan. The loan, in the amount of $28,687.00, was to be insured by the Federal Housing Administration (FHA). In February 2003, Respondent agreed to sell Petitioner his home. They agreed that Petitioner would pay Respondent $29,000.00 for the house. Respondent subsequently stated in writing that he agreed to sell his house to Petitioner for that amount. On March 5, 2003, Petitioner signed a form entitled No Brokerage Relationship Disclosure. The form made it clear that Century 21 Prime Property Resources, Inc., a local real estate agency, and its associates did not have a brokerage relationship with Petitioner. There is no evidence that the professional services of a licensed real estate agent was involved at all in this case. However, the local Century 21 real estate office gratuitously sent a few documents on Petitioner's behalf by facsimile transmission to Century 21 Mortgage in New Jersey. Respondent did not use the sales facilities or services of Century 21 for any purpose. On March 7, 2003, Cheryl Barnes, a certified appraiser, completed an appraisal of the property. The U.S. Department of Housing and Urban Development and/or FHA required the appraisal in order for Petitioner to receive the loan insured by FHA. Neither Petitioner nor Respondent was required to pay for the appraisal. In a letter dated March 10, 2003, Century 21 Mortgage advised Petitioner that the closing date was scheduled for April 16, 2003. The letter enclosed additional forms that Petitioner needed to complete in order to close the loan. The Housing Department, Division of Planning and Development, in Sumter County, Florida, sent Petitioner a letter dated March 19, 2003. The letter advised Petitioner that she was eligible for an award of Supplemental Household Income Protection funds to cover the down payment and closing costs on the loan. Subsequently, Respondent refused to sign any papers related to the sale of the house. The loan could not be closed without Respondent's cooperation. Petitioner had placed $250 in an escrow account with Century 21 Mortgage. The mortgage broker refunded all of the money in the escrow account to Petitioner after Respondent refused to sign any more paperwork. Finally, there is no evidence of the following: (a) that Respondent owned more than three single-family houses at any one time; (b) that Respondent sold more than one single- family home within any 24-month period; (c) that Respondent had an interest in the proceeds from the sale or rental of more than three single-family houses at any one time; and (d) the sale of the subject house did not involve the posting, mailing, or publication of any written notice.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That FCHR enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 5th day of January, 2005, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD 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 5th day of January, 2005. COPIES FURNISHED: Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Susan M. Parker 3840 East County Road 478 Apartment D-30 Webster, Florida 33597 Paul Moore 2396 County Road 608 Bushnell, Florida 33513
The Issue The issues are whether Respondent engaged in a discriminatory housing practice by allegedly excluding Petitioner from participating in a homeowner’s meeting on January 14, 2009, or ejecting Petitioner from the meeting, based on Petitioner’s religion and alleged handicap, in violation of Section 760.37 and Subsections 760.23(2), 760.23(8), 760.23(8)(2)(b), and 784.03(1)(a)(l), Florida Statutes (2008),1 and, if not, whether Respondent is entitled to attorney fees and costs pursuant to Section 120.595, Florida Statutes (2009).
Findings Of Fact Respondent is a condominium association defined in Section 718.103, Florida Statutes. Respondent manages a condominium development, identified in the record as Tregate East Condominiums (Tregate). Tregate is a covered multifamily dwelling within the meaning of Subsection 760.22(2), Florida Statutes. Petitioner is a Jewish male whose age is not evidenced in the record. A preponderance of the evidence presented at the final hearing does not establish a prima facie case of discrimination on the basis of religion, ethnicity, medical, or mental disability, or perceived disability. Rather, a preponderance of the evidence shows that Respondent did not discriminate against Petitioner in the association meeting on January 14, 2009. In particular, the fact-finder reviewed the videotape of the entire meeting that took place on January 14, 2009. The meeting evidenced controversy, acrimony, and differences of opinion over issues confronting the homeowners present. However, the video tape did not establish a prima facie case of discrimination based on Petitioner’s religion, ethnicity, or alleged handicap. Respondent seeks attorney’s fees in this proceeding pursuant to Section 120.595, Florida Statutes (2009). Pursuant to Subsection 120.595(1)(c), Florida Statutes (2009), this Recommended Order finds that Petitioner has participated in this proceeding for an improper purpose. Petitioner participated in this proceeding for a frivolous purpose within the meaning of Subsection 120.595(1)(e)1., Florida Statutes (2009). The evidence submitted by Petitioner presented no justiciable issue of fact or law. Petitioner provided no evidence to support a finding that he suffers from a handicap defined in Subsection 760.22(7), Florida Statutes. Petitioner claims to have a disability based on migraine headaches but offered no medical evidence to support a finding that Petitioner suffers from migraine headaches or any medical or mental disability. Petitioner’s testimony was vague and ambiguous, lacked precision, and was not specific as to material facts. Petitioner called four other witnesses and cross-examined Respondent’s witnesses. Petitioner’s examination of his witnesses and cross-examination of Respondent’s witnesses may be fairly summarized as consisting of comments on the answers to questions and argument with the witnesses. Petitioner repeatedly disregarded instructions from the ALJ not to argue with witnesses and not to comment on the testimony of a witness. Petitioner offered no evidence or legal authority that the alleged exclusion from the homeowners meeting on January 14, 2009, was prohibited under Florida’s Fair Housing Act.3 Petitioner offered no evidence that he is a “buyer” or “renter” of a Tregate condominium within the meaning of Section 760.23, Florida Statutes. Rather, the undisputed evidence shows that Petitioner is not a buyer or renter of a Tregate condominium. Petitioner attended the homeowners meeting on January 14, 2009, pursuant to a power of attorney executed by the owner of the condominium. If a preponderance of the evidence were to have shown that the owner’s representative had been excluded from the meeting, the harm allegedly prohibited by the Fair Housing Act would have been suffered vicariously by the condominium owner, not the non-owner and non-renter who was attending the meeting in a representative capacity for the owner. The condominium owner is not a party to this proceeding. A preponderance of the evidence does not support a finding that Petitioner has standing to bring this action. Petitioner was neither an owner nor a renter on January 14, 2009. Petitioner’s only legal right to be present at the meeting was in a representative capacity for the owner. The alleged exclusion of Petitioner was an alleged harm to the principal under the Fair Housing Act. Respondent is the prevailing party in this proceeding, and Petitioner is the non-prevailing party. Petitioner has participated in two or more similar proceedings involving Respondent. The parties resolved those proceedings through settlement. The resolution is detailed in the Determination of No Cause by the Commission and incorporated herein by this reference. Respondent seeks attorney’s fees totaling $3,412.00 and costs totaling $1,001.50. No finding is made as to the reasonableness of the attorney fees costs because Respondent did not include an hourly rate and did not submit an affidavit of fees and costs. However, the referring agency has statutory authority to award fees costs in the final order pursuant to Subsection 760.11(7), Florida Statutes.
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 and requiring Petitioner to pay reasonable attorney’s fees and costs in the amounts to be determined by the Commission after hearing further evidence on fees and costs in accordance with Subsection 760.11(7), Florida Statutes. DONE AND ENTERED this 15th day of April, 2010, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 15th day of April, 2010.
The Issue The issue for determination in this matter is whether Respondents engaged in acts of housing discrimination against Petitioners on the basis of race in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioners, Donald Travis and Lisa Harrell, are a bi-racial couple (Mr. Travis is African-American and, therefore, belongs to a class of persons subject to protection under Florida's Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes, and Ms. Harrell is white). They have two sons who are bi-racial (one is African-American and white, the other is white and Asian). Petitioners lived in Apartment 163 at 10075 West Highway 98, Pensacola, Florida 32506. Respondents, John and Anne Cutler, are the owners of two four-plex apartments at 10075 West Highway 98, Pensacola, Florida 32506, including the unit occupied by Petitioners that gave rise to this matter. They are both retired educators who own and operate their apartment rental business in their retirement. In their teaching and professional careers, both have instructed students of various races and national origins. Petitioner, Donald Travis, is a veteran of Desert Storm and has been treated for Post Traumatic Stress Disorder. He regularly takes medications to treat anxiety and depression. On April 4, 2008, Petitioners moved into Apartment 163, which had been recently painted, carpeted, and had a new ceiling fan and light installed in the living room. Everything went smoothly between Petitioners and Respondents for several months. Mr. Cutler had to unplug the downstairs toilet with a plunger a few times, but everything else seemed to be in working order. Both Mr. and Ms. Cutler considered Petitioners to be good tenants. As summer approached, Mr. Travis asked Mr. Cutler about installing a screen door for the sliding glass doors. This could not be done without replacing the entire sliding glass doors. When Apartment 131 became vacant, its screen door was moved to Petitioners' apartment. The screen door had a slit in it, which Ms. Cutler repaired with tape. When Apartment 132 became vacant, the good screen door from that apartment was used to replace the taped one in Petitioners' apartment. Respondents tried to keep everything in working order in Petitioners' apartment. When Petitioners' refrigerator door would not close, Respondents replaced the refrigerator. Respondents thought Petitioners were happy with their apartment. Petitioners called Respondents about a plumbing leak and said feces was running down the wall. The leak and pipe were fixed by B & G Plumbing. Petitioners were shown the water shut-off valve in case of future leaks. Petitioners believe that Respondents treated them differently from other tenants in the apartment buildings. Petitioners believe that other tenants were allowed to keep pets in their apartments while they were not. Respondents allowed tenants who had pets when they purchased the apartments to keep them, but banned pets on all future rentals. The rent for Petitioners' apartment, including water, sewer, and garbage, was $650.00. Petitioners always paid their rent on time. Petitioners asked to be moved into a better unit since they believed their unit was inferior to others in the complex. Petitioners wanted to move into Apartment 162 which, in their opinion, was in much better shape than their unit. Respondents offered to put new carpet into Apartment 162 before Petitioners moved in, but they refused. Petitioners decided to leave the apartment because they believed the maintenance was not properly performed. On December 5, 2008, the day Petitioners made known their desire to leave the apartment, Mr. Travis confronted Mr. Cutler. Mr. Cutler offered Apartment 132 to Petitioners because it was ready for occupancy after its occupants had moved out. Apartment 133 would soon be ready, and was also offered to Petitioners. Mr. Travis angrily refused to move into any apartments in the two four-plexes. He yelled at Mr. Cutler and told him he hated him. This exchange was witnessed by a neighbor, Gary Denton. Mr. Cutler offered to let Petitioners move out without penalty, and agreed to return their $650.00 deposit. Petitioners accepted the offer and received the deposit in full as well as a waiver of the first five days' rent for December and an additional four days of rent to allow them time to pack and move. Petitioners accused Respondents of renting one four-plex to whites only and the other to minorities. At the time Petitioners moved out, both four-plexes had tenants of different races. As of the date of the hearing, five of the six total units rented were to non-white tenants. Only one was rented to a white couple.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 25th day of November, 2009, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of November, 2009. COPIES FURNISHED: John Cutler Anne Cutler 5970 Limestone Road Pensacola, Florida 32504 Donald Travis Lisa Harrell 1008 West Young Street Pensacola, Florida 32501 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether Petitioner was subjected to housing discrimination by Respondent based on Petitioner's race, African-American, in violation of the Florida Fair Housing Act.
Findings Of Fact Petitioner Miguel Johnson is an African-American male and, therefore, belongs to a class of persons protected from discrimination under the Florida Fair Housing Act, Sections 760.20 through 760.37, Florida Statutes (2009). He filed a complaint for housing discrimination against Riviera Towers at 6896 Abbott Avenue in Miami Beach. Respondent Riviera Terrace Apartments (Riviera Terrace) was apparently erroneously named Riviera Towers in the complaint and in the style of this case. Notice of that error was given by the owner, Arie Markowitz, and in the absence of any indication that Riviera Terrace is a corporate entity, Mr. Markowitz is also added as a Respondent. The style has been corrected to reflect these corrections. Riviera Terrace, 6890 Abbott Avenue, Miami Beach, Florida, 33141, is a 20-unit apartment complex. Mr. Johnson thought that the complex has 22 units, but there is no evidence to support his thinking. Contrary to his request, the undersigned has no independent investigative powers and must accept the evidence in the record. According to his records, Mr. Johnson, on March 17, 2009, telephoned a number he saw on a "For Rent" sign at Riviera Terrace. A woman identified as Diana Miteff answered the telephone. Mr. Johnson said Ms. Miteff identified herself as the manager of the complex. The telephone records indicate that the conversation lasted one minute. Mr. Johnson testified that Ms. Miteff told him to call back later. Mr. Johnson telephoned Ms. Miteff again on March 21, 2009, and his records indicate that they talked for 8 minutes. Mr. Johnson testified that Ms. Miteff told him about the security deposit, that the rent for a one bedroom apartment was $900 a month, and that she had some vacant efficiencies. Mr. Johnson testified that a friend of his, Pedro Valdes, lives in the same complex and that together they met with Ms. Miteff the day after Mr. Johnson talked to her on the telephone, and saw a vacant efficiency apartment. According to Mr. Johnson, Ms. Miteff told him, after seeing him, that there were no vacancies. Ayesha Azara, Mr. Johnson's wife, testified that she made another unsuccessful attempt to rent a unit in Riviera Terrace in May 2009. She had no information in March 2008, except to say tht Ms. Miteff claimed to be the manager and told her the building was for elderly people. Pedro Valdes testified that he lives in Riviera Towers and gave his address as 6896 Abbott Avenue. He said that the "For Rent" sign for Riviera Terrace is not always posted in front of the complex. Mr. Markowitz is the owner of Riviera Terrace at 6890 Abbott Avenue. He testified that he is also the manager and that Ms. Miteff is a tenant. He uses her telephone number on the "For Rent" sign because he does not speak Spanish. The apartments are government-subsidized Section 8 housing. The only vacant efficiency in March 2008 was a unit for which he already had a written lease, but the tenant could not move in until after a government-required inspection. He also testified that his tenants are not all Caucasians and not all elderly. Ms. Miteff confirmed that she has been a resident of Riviera Terrace for 20 years. She concedes that she told Mr. Johnson's wife that the people in the complex are very quiet and mostly old people. Mr. Johnson's claim of discrimination based on race is not supported by the evidence, which is contradictory with regard to the name and address of the property, and because there were no vacant apartments at Riviera Terrace in March 2008.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Petition for Relief be dismissed. DONE AND ENTERED this 15th day of October, 2009, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of October, 2009. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Louis A. Supraski, Esquire Louis A. Supraski, P.A. 2450 Northeast Miami Gardens Drive 2nd Floor North Miami Beach, Florida 33180 Miguel Johnson 916 West 42nd Street, Apt. 9 Miami Beach, Florida 33140 Miguel Johnson C/O Robert Fox 1172 South Dixie Highway Coral Gables, Florida 33146 Diana Mittles Riviera Terrace Apartments 6896 Abott Avenue Miami Beach, Florida 33141
