Preliminary Matters
Petitioner Miriam S. Martinez filed
a housing discrimination complaint pursuant to the Fair Housing
Act, Sections 760.20 - 760.37, Florida Statutes (2003),
alleging that Respondents Alicia Lopez, Tempo Condominium
Association and Oneida Morena committed discriminatory housing
practices on the basis of Petitioner’s National Origin and
handicap by conducting condominium association meetings in
Spanish, by failing to timely repair an elevator needed by the
Petitioner due to her physical handicap, and by committing acts
of vandalism on the Petitioner’s property.
The allegations set forth in the
complaint were investigated, and, on May 6, 2004, the Executive
Director issued a determination finding that there was no
reasonable cause to believe that discriminatory housing
practices had occurred.
Petitioner filed a Petition for
Relief from a Discriminatory Housing Practice and the case was
transmitted to the Division of Administrative Hearings for the
conduct of a formal proceeding.
An evidentiary hearing was held in
Miami, Florida, on August 19, 2004, before Administrative Law
Judge J. D. Parrish.
Judge Parrish issued a Recommended
Order of dismissal, dated September 24, 2004.
The Commission panel designated
below considered the record of this matter and determined the
action to be taken on the Recommended Order.
Findings of Fact
A transcript of the proceeding
before the Administrative Law Judge was not filed with the
Commission.
We adopt the Administrative Law
Judge’s findings of fact.
Conclusions of Law
We find the Administrative Law
Judge’s application of the law to the facts to result in a
correct disposition of the matter.
We adopt the Administrative Law
Judge’s conclusions of law.
Exceptions
Neither party filed exceptions to
the Administrative Law Judge’s Recommended Order.
Dismissal
The Petition for Relief and Housing
Discrimination Complaint are DISMISSED with prejudice.
The parties have the right to seek judicial review of this
Order. The Commission and the appropriate District Court of
Appeal must receive notice of appeal within 30 days of the date
this Order is filed with the Clerk of the Commission.
Explanation of the right to appeal is found in Section 120.68,
Florida Statutes, and in the Florida Rules of Appellate
Procedure 9.110.
Done and Ordered this 7th day of December, 2004.
For The Florida Commission on Human Relations.
