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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-060

FCHR Order No. 09-060

Date of Release: 07/01/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

SYLVIA MIMS

HUD Case No. 04-08-0255-8

Petitioner

 

v.

FCHR Case No. 27-92363H

   

BEVERLY LINDSAY AND MICHAEL S. HOUSER

DOAH Case No. 08-2597

 

FCHR Order No. 09-060

Respondent

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Sylvia Mims filed an amended housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondents Beverly Lindsay and Michael S. Houser committed discriminatory housing practices on the basis of Petitioner’s race (African-American) by falsely representing the availability of an apartment for rent to Petitioner indicating the apartment was not available, and by refusing to rent an apartment to Petitioner.

The allegations set forth in the complaint were investigated, and, on April 18, 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 Pensacola, Florida, on January 14 and February 23, 2009, before Administrative Law Judge P. Michael Ruff.

Judge Ruff issued a Recommended Order of dismissal, dated April 16, 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

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

FCHR Order No. 09-060

Page 2

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Hall v. Villages of West Oaks HOA, FCHR 08-007 (January 14, 2008), 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).

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

None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petition for Relief and Amended 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 1st day of July , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Mario M. Valle

Filed this 1st day of July , 2009,

in Tallahassee, Florida.

FCHR Order No. 09-060

Page 3

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Sylvia Mims

3382 Greenbrier Circle, Apt. B

Gulf Breeze, FL 32561

Beverly Lindsay

5252 Springdale Drive

Milton, FL 32570

Michael S. Houser

3533 Edinburgh Drive

Pace, FL 32571

P. Michael Ruff, 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 1st day of July , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations