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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-019

FCHR Order No. 10-019

Date of Release: 02/26/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

MAE TENNIE

HUD Case No. 04-08-1019-8

Petitioner

 

v.

FCHR Case No. 28-92618H

   

HIALEAH HOUSING AUTHORITY

DOAH Case No. 09-2402

Respondent

FCHR Order No. 10-019

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Mae Tennie filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Hialeah Housing Authority committed a discriminatory housing practice on the basis of Petitioner’s disability by failing to accommodate Petitioner’s disability.

The allegations set forth in the complaint were investigated, and, on March 26, 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 by video teleconference at sites in Miami and Tallahassee, Florida, on October 5, 2009, before Administrative Law Judge Claude B. Arrington.

Judge Arrington issued a Recommended Order of dismissal, dated December 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

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. 10-019

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 26th day of February , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Onelia A. Fajardo; and

Commissioner Watson Haynes, II

Filed this 26th day of February , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-019

Page 3

Copies furnished to:

Mae Tennie

c/o Stephen Lewis, Esq.

Legal Services of Greater Miami, Inc.

10720 Caribbean Boulevard, Suite 400

Miami, FL 33189

Hialeah Housing Authority

c/o S. Nicole Bates, Esq.

75 East 6th Street

Hialeah, FL 33010

Hialeah Housing Authority

c/o J. Frost Walker, III, Esq.

Law Offices of Citrin & Walker

100 West Sunrise Avenue

Coral Gables, FL 33133

Claude B. Arrington, 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 February , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations