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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-015

FCHR Order No. 11-015

Date of Release: 03/02/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

LAWRENCE JACOBS, JR.

HUD Case No. 04-10-1292-8

Petitioner

 

v.

FCHR Case No. 2011H0009

   

LAUREL OAKS APARTMENTS

DOAH Case No. 10-9502

Respondent

FCHR Order No. 11-015

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Lawrence Jacobs, Jr., filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Laurel Oaks Apartments committed discriminatory housing practices on the basis of Petitioner’s race (African American) by treating him differently than other residents and by giving him a notice to vacate.

The allegations set forth in the complaint were investigated, and, on August 24, 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 Tampa, Florida, on November 18, 2010, before Administrative Law Judge R. Bruce McKibben.

Judge McKibben issued a Recommended Order of dismissal, dated December 10, 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

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-

FCHR Order No. 11-015

Page 2

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 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 2nd day of March , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Darcell Streeter

Filed this 2nd day of March , 2011,

in Tallahassee, Florida.

FCHR Order No. 11-015

Page 3

_________/s/_________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Lawrence Jacobs, Jr.

Post Office Box 310774

Tampa, FL 33680

Laurel Oaks Apartments

c/o John E. McMillan, Esq.

5309 East Busch Boulevard

Temple Terrace, FL 33617

R. Bruce McKibben, 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 2nd day of March , 2011.

By: _________/s/_________________

Clerk of the Commission

Florida Commission on Human Relations