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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-005

FCHR Order No. 11-005

Date of Release: 01/13/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JAMES WERGELES

HUD Case No. 04-10-0345-8

Petitioner

 

v.

FCHR Case No. 2010H0167

   

TREGATE EAST CONDOMINIUM ASS’N., INC.

DOAH Case No. 10-2422

Respondent

FCHR Order No. 11-006

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner James Wergeles filed an amended housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Tregate East Condominium Ass’n., Inc., committed a discriminatory housing practice by failing to reasonably accommodate Petitioner’s handicap.

The allegations set forth in the complaint were investigated, and, on March 23, 2010, 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 Sarasota, Florida, on September 30, 2010, before Administrative Law Judge Patricia M. Hart. Judge Hart presided in Tallahassee, Florida.

Judge Hart issued a Recommended Order of dismissal, dated November 3, 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

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

FCHR Order No. 11-005

Page 2

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach-

Gutierrez v. Bay 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 Amended 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 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.

FCHR Order No. 11-005

Page 3

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

James Wergeles

Post Office Box 346

Sarasota, FL 34230

Tregate East Condominium Ass’n., Inc.

c/o Cable B. Poag, Esq.

c/o C. Todd Chapman, Esq.

Law Offices of Kevin T. Wells, P.A.

1800 Second Street, Suite 803

Sarasota, FL 34236

Patricia M. Hart, 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