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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-034

FCHR Order No. 10-034

Date of Release: 04/20/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

WIKINDSON PHILLIPE

HUD Case No. 04-09-0108-8

Petitioner

 

v.

FCHR Case No. 2009H0038

   

COUNTRYWIDE HOME LOANS, INC.

DOAH Case No. 09-0979

Respondent

FCHR Order No. 10-034

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Wikindson Philippe filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2007), alleging that Respondent Countrywide Home Loans, Inc., committed a discriminatory housing practice in the origination of a mortgage loan on the basis of Petitioner’s race (Black).

The allegations set forth in the complaint were investigated, and, on January 16, 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 Kissimmee, Florida, on October 22, 2009, before Administrative Law Judge J. D. Parrish.

Judge Parrish issued a Recommended Order of dismissal, dated February 2, 2010.

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.

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.

FCHR Order No. 10-034

Page 2

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 20th day of April , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Billy Whitefox Stall

Filed this 20th day of April , 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. 10-034

Page 3

Copies furnished to:

Wikindson Philippe

2413 Country Pond Court

Saint Cloud, FL 34771-8868

Countrywide Home Loans, Inc.

c/o Robert C. Graham, Esq.

Akerman Senterfitt

50 North Laura Street, Suite 2500

Jacksonville, FL 32202

J. D. Parrish, 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 20th day of April , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations