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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-008

FCHR Order No. 09-008

Date of Release: 01/27/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ROBERT COWDEN

HUD Case No. 04-08-1250-8

Petitioner

 

v.

FCHR Case No. 28-92670H

   

GEORGE STEVEN JARRETT

DOAH Case No. 08-5369

Respondent

FCHR Order No. 09-008

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated November 12, 2008, issued in the above-styled matter by Administrative Law Judge William F. Quattlebaum.

Findings of Fact and Conclusions of Law

The matter was before the Administrative Law Judge sua sponte.

The Recommended Order of Dismissal notes that the Petition for Relief containing allegations of unlawful retaliation states that Respondent violated the Fair Housing Act by “filing a false police report” involving Petitioner, and by “driving past my house with threatening looks.”

The Administrative Law Judge noted that with regard to the allegations involving the false police report, these were not contained in the initial Housing Discrimination Complaint and therefore the Division of Administrative Hearings was without jurisdiction to consider these allegations.

With regard to the allegations that Respondent retaliated against Respondent for having filed an earlier Housing Discrimination Complaint by making dirty and threatening looks at Petitioner, the Administrative Law Judge concluded that even if this were proven it would not amount to proof of unlawful retaliation.

We agree with the Administrative Law Judge that matters not contained in the initial Complaint cannot be raised for the first time in the Petition for Relief. See, Costantini v. Wal-Mart Stores East, L.P., No 5326, FCHR Order No. 07-032 (May 1, 2007), and Williams v. Department of Corrections, 23 F.A.L.R. 2576, at 2579 (FCHR 2001).

Further, we adopt the Administrative Law Judge’s findings of fact and conclusions of law which lead to the determination that, even if proved, Petitioner’s remaining allegations would not amount to unlawful retaliation-based discrimination under the Fair Housing Act.

FCHR Order No. 09-008

Page 2

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal.

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 of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 27th day of January , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Patty Ball Thomas

Filed this 27th day of January , 2009,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Robert Cowden

Post Office Box 398603

Miami Beach, FL 33239

FCHR Order No. 09-008

Page 3

George Steven Jarrett

c/o Mark G. Tauzier, Esq.

Marshall, Dennehey, Warner,

Coleman & Goggin

201 East Kennedy Blvd., Suite 1100

Tampa, FL 33602

William F. Quattlebaum, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 27th day of January , 2009.

By:

Clerk of the Commission

Florida Commission on Human Relations