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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-062

FCHR Order No. 09-062

Date of Release: 07/01/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

LILIAN BREZINER

HUD Case No. 04-08-0633-8

Petitioner

 

v.

FCHR Case No. 28-92452H

   

POINT EAST THREE CONDOMINIUM CORPORATION

DOAH Case No. 08-4152

Respondent

 
 

FCHR Order No. 09-062

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Lilian Breziner filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Point East Three Condominium Association committed discriminatory housing practices on the basis of Petitioner’s handicap by failing to accommodate Petitioner’s service dog by demanding removal of the dog from Petitioner’s unit and threatening Petitioner with foreclosure if the dog was not removed.

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 Miami, Florida, on January 28, 2009, and by video teleconference at sites in Tallahassee and Miami, Florida, on March 4, 2009, before Administrative Law Judge June C. McKinney.

Judge McKinney issued a Recommended Order of dismissal, dated April 29, 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. 09-062

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 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.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 09-062

Page 3

Copies furnished to:

Lilian Breziner

2920 Pointe East Drive, Apt. N-508

Aventura, FL 33160

Pointe East Three Condominium Corporation

c/o Scott R. Shapiro, Esq.

Glazer & Associates, P.A.

One Emerald Place

3113 Stirling Road, Suite 201

Hollywood, FL 33312

June C. McKinney, 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