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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-031

FCHR Order No. 09-031

Date of Release: 04/09/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

EDUARDO MORY

HUD Case No. 04-08-0950-8

Petitioner

 

v.

FCHR Case No. 28-92585H

   

LINDA MIKLOSOVIC, PRESIDENT / NORTHWEST LAKE CONDO ASSOCIATION

DOAH Case No. 08-3966

Respondent

FCHR Order No. 09-031

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Eduardo Mory filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Linda Miklosovic, President / Northwest Lake Condo Association committed discriminatory housing practices on the bases of Petitioner’s National Origin (Peruvian) and color (dark skinned) by harassing Petitioner and sending Petitioner a letter threatening to place a lien on Petitioner’s property.

The allegations set forth in the complaint were investigated, and, on July 14, 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 held in Viera, Florida, on November 25, 2008, before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated February 5, 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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

FCHR Order No. 09-031

Page 2

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and

Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004). See, also, Villamizar, et al. v. Gomez, FCHR Order No. 06-093 (November 13, 2006).

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 9th day of April , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Onelia A. Fajardo, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Anice R. Prosser

Filed this 9th day of April , 2009,

in Tallahassee, Florida.

FCHR Order No. 09-031

Page 3

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Eduardo Mory

276 Timber Run Way

Cocoa, FL 32926

Linda Miklosovic, President / Northwest

Lake Condo Association

c/o Carlos Arias, Esq.

1065 Maitland Center Commons Boulevard

Maitland, FL 32751-7437

Lawrence P. Stevenson, 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 9th day of April , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations