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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-045

FCHR Order No. 11-045

Date of Release: 06/14/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

EMPERATRIZ RAMERIZ

HUD Case No. 04-10-0486-8

Petitioner

FCHR Case No. 2010H0176

 

DOAH Case No. 10-2421

v.

 
 

FCHR Order No. 11-045

VILLAGE OF KINGS CONDOMINIUM ASSOCIATION, INC.

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Emperatriz Ramirez filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Village of Kings Condominium Association, Inc., committed discriminatory housing practices on the bases of Petitioner’s sex (female), National Origin (Hispanic) and disability in its provision of terms, conditions, privileges and services, and in its alleged failure to accommodate Petitioner’s alleged disability.

The allegations set forth in the complaint were investigated, and, on April 15, 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 Miami and Tallahassee, Florida, on January 4, 2011, before Administrative Law Judge Claude B. Arrington.

Judge Arrington issued a Recommended Order of dismissal, dated March 21, 2011.

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. 11-045

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 6th day of June , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Joanna Sharp; and

Commissioner Billy Whitefox Stall

Filed this 6th day of June , 2011,

in Tallahassee, Florida.

___________/s/________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 11-045

Page 3

Copies furnished to:

Emperatriz Ramirez

7705 Camino Real, Apt. No. B413

Miami, FL 33143

Village of Kings Condominium Association, Inc.

c/o Marco D. Commisso, Esq.

Cole, Scott & Kissane, P.A.

1645 Palm Beach Lakes Boulevard

West Palm Beach, FL 33401

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 6th day of June , 2011.

By: ___________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations