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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-035

FCHR Order No. 10-035

Date of Release: 04/20/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JOYCE NDIMBIE

HUD Case No. 04-03-0031-8

Petitioner

 

v.

FCHR Case No. 23-90098H

   

BROWARD COUNTY COMMUNITY DEVELOPMENT CORPORATION, INC.

DOAH Case No. 03-1626

Respondent

FCHR Order No. 10-035

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Joyce Ndimbie filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2001), alleging that Respondent Broward County Community Development Corporation, Inc., committed discriminatory housing practices on the basis of Petitioner’s handicap / disability.

The allegations set forth in the complaint were investigated, and, on March 24, 2003, 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 Fort Lauderdale, Florida, on June 1 and 2, 2005, and January 27, 2009, before Administrative Law Judge Errol H. Powell.

Judge Powell issued a Recommended Order of dismissal, dated January 29, 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.

FCHR Order No. 10-035

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 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. 10-035

Page 3

Copies furnished to:

Joyce Ndimbie

Post Office Box 100813

Fort Lauderdale, FL 33310

Broward County Community Development

Corporation, Inc.

c/o David M. Hawthorne, Esq.

Akerman Senterfitt

Las Olas Centre, Suite 1600

350 East Las Olas Boulevard

Fort Lauderdale, FL 33301

Errol H. Powell, 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