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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-002

FCHR Order No. 11-002

Date of Release: 01/13/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JULIO SAMA

HUD Case No. 04-10-0602-8

LEANDRA DURAN

HUD Case No. 04-10-0603-8

Petitioner

 

v.

FCHR Case No. 2011H0229

 

FCHR Case No. 2010H0225

   

MIAMI-DADE BOARD OF COUNTY COMMISSIONERS AND

ROYAL AMERICAN MANAGEMENT, INC.

DOAH Case No. 10-3333

DOAH Case No. 10-3335

Respondent

FCHR Order No. 11-002

   

FINAL ORDER DISMISSING PETITIONS FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Julio Sama filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondents Miami-Dade Board of County Commissioners and Royal American Management, Inc., committed a discriminatory housing practice on the basis of Petitioner’s handicap by failing to provide Petitioner a requested reasonable accommodation.

The allegations set forth in the complaint were investigated, and, on May 27, 2010, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.

Petitioner Leandra Duran filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondents Miami-Dade Board of County Commissioners and Royal American

FCHR Order No. 11-002

Page 2

Management, Inc., committed a discriminatory housing practice on the basis of Petitioner’s National Origin (Colombian).

The allegations set forth in the complaint were investigated, and, on May 18, 2010, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.

Petitioners filed Petitions for Relief from a Discriminatory Housing Practice and the cases were transmitted to the Division of Administrative Hearings for the conduct of formal proceedings.

The Division of Administrative Hearings consolidated the cases for the purposes of final hearing and the issuance of a Recommended Order.

An evidentiary hearing was held by video teleconference at sites in Miami and Tallahassee, Florida, on September 2, 2010, before Administrative Law Judge John D. C. Newton, II.

Judge Newton issued a Recommended Order of dismissal, dated October 18, 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.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petitions for Relief and Housing Discrimination Complaints 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

FCHR Order No. 11-002

Page 3

to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 13th day of January , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Joanna Cunningham; and

Commissioner Lizzette Romano

Filed this 13th day of January , 2011,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Julio Sama

1310 Northwest 16th Street, No. 201

Miami, FL 33125

Leandra Duran

1310 Northwest 16th Street, No. 201

Miami, FL 33125

Miami-Dade Board of County Commissioners

c/o Shannon D. Summerset, Esq.

c/o Terrence A. Smith, Esq.

111 Northwest First Street, Suite 2810

Miami, FL 33128-1993

FCHR Order No. 11-002

Page 4

Royal American Management, Inc.

c/o Jamie B. Dokovna, Esq.

Becker and Poliakoff, P.A.

121 Alhambra Plaza, 10th Floor

Coral Gables, FL 33134

John D. C. Newton, II, 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 13th day of January , 2011.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations