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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-078

FCHR Order No. 09-078

Date of Release: 08/26/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

NANCY BURNETTE

HUD Case No. 04-09-0217-8

Petitioner

 

v.

FCHR Case No. 2009H0057

   

OAK GARDENS MOBILE HOME PARK

DOAH Case No. 09-1020

Respondent

FCHR Order No. 09-078

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Nancy Burnette filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Oak Gardens Mobile Home Park committed discriminatory housing practices on the basis of Petitioner’s disability and race (Caucasian) by refusing to allow Petitioner’s care provider to take care of her, by refusing to allow Petitioner’s mobile home to sell, and by evicting Petitioner.

The allegations set forth in the complaint were investigated, and, on February 9, 2009, 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 Sebring, Florida, on May 13, 2009, before Administrative Law Judge Susan B. Harrell.

Judge Harrell issued a Recommended Order of dismissal, dated June 12, 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

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

FCHR Order No. 09-078

Page 2

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

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 26th day of August , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Onelia A. Fajardo

Filed this 26th day of August , 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. 09-078

Page 3

Copies furnished to:

Nancy Burnette

c/o John Philip Short, Esq.

Florida Rural Legal Services

Post Office Box 24688

Lakeland, FL 33802-4688

Oak Gardens Mobile Home Park

c/o Alyssa M. Nohren, Esq.

Icard, Merrill, Cullis, Timm,

Furen & Ginsburg, P.A.

2033 Main Street, Suite 600

Sarasota, FL 34237

Susan B. Harrell, 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 26th day of August , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations