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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-038

FCHR Order No. 11-038

Date of Release: 05/12/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ALBERTO PIS AND MARIA SOTO

HUD Case No. 04-10-0728-8

Petitioner

FCHR Case No. 2010H0247

 

DOAH Case No. 10-6430

v.

 
 

FCHR Order No. 11-038

MARATHON HOUSING ASSOCIATES, LTD., ET AL.

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioners Alberto Pis and Maria Soto filed an amended housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondents Marathon Housing Associates, Ltd., et al., committed discriminatory housing practices on the basis of Petitioners’ National Origin (Hispanic / Cuban) and on the basis of Alberto Pis’ handicap / disability by subjecting Petitioners to discriminatory terms and conditions, by failing to provide requested services, and by failing to accommodate Alberto Pis’ disability, all in relation to an apartment leased by Petitioners.

The allegations set forth in the complaint were investigated, and, on June 18, 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 by video teleconference at sites in Key West and Tallahassee, Florida, on January 5, 2011, before Administrative Law Judge Claude B. Arrington.

Judge Arrington issued a Recommended Order of dismissal, dated February 14, 2011.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

FCHR Order No. 11-038

Page 2

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-

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

None 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 12th day of May , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Lizzette Romano

FCHR Order No. 11-038

Page 3

Filed this 12th day of May , 2011,

in Tallahassee, Florida.

_____________/s/______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Alberto Pis and Maria Soto

240 Sombrero Beach Road, Apt. A-4

Marathon, FL 33050

Marathon Housing Associates, Ltd., et al.

c/o Franklin D. Greenman, Esq.

Greenman and Manz

5800 Overseas Highway

Gulfside Village, Suite 40

Marathon, FL 33050

Claude B. Arrington, 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 12th day of May , 2011.

By: _____________/s/______________

Clerk of the Commission

Florida Commission on Human Relations