Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:

Right menu

Left menu


Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-021

FCHR Order No. 09-021

Date of Release: 03/17/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

VINCENT HALL

HUD Case No. 04-08-1244-8

Petitioner

 

v.

FCHR Case No. 28-92689H

   

MIAMI-DADE HOUSING AGENCY

DOAH Case No. 08-4497

Respondent

FCHR Order No. 09-021

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Vincent Hall filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Miami-Dade Housing Agency committed discriminatory housing practices on the bases of Petitioner’s disability (not identified in the complaint) and sex (male) by refusing to rent an apartment to Petitioner and by failing to make a reasonable accommodation for Petitioner’s disability.

The allegations set forth in the complaint were investigated, and, on August 19, 2008, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice 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 conducted by telephone conference call at sites in Tallahassee, Miami, and West Palm Beach, Florida, on October 17, 2008, before Administrative Law Judge John G. Van Laningham.

Judge Van Laningham issued a Recommended Order of dismissal, dated January 8, 2009.

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

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

FCHR Order No. 09-021

Page 2

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 of the parties 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 6th day of March , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Anice R. Prosser, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Mario M. Valle

Filed this 6th day of March , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 09-021

Page 3

Copies furnished to:

Vincent Hall

2315 Waburton Terrace, No. C

Wellington, FL 33414

Miami-Dade Housing Agency

c/o Terrence A. Smith, Esq.

Miami-Dade County Attorney

111 Northwest First Street, Suite 2810

Miami, FL 33128

John G. Van Laningham, 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 6th day of March , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations