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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-046

FCHR Order No. 11-046

Date of Release: 06/14/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

FANNIE BILLINGSLEY

HUD Case No. 04-10-1352-8

Petitioner

FCHR Case No. 2011H0015

 

DOAH Case No. 10-10304

v.

 
 

FCHR Order No. 11-046

HOUSING AUTHORITY OF CITY OF WINTER PARK

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Fannie Billingsley filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Housing Authority of the City of Winter Park committed a discriminatory housing practice on the basis of Petitioner’s race (African American) by failing to rent Petitioner an apartment.

The allegations set forth in the complaint were investigated, and, on October 5, 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 Orlando and Tallahassee, Florida, on January 28, 2011, before Administrative Law Judge Thomas P. Crapps.

Judge Crapps 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. 11-046

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. 11-046

Page 3

Copies furnished to:

Fannie Billingsley

915 Randall Street

Orlando, FL 32805

Housing Authority of the City of Winter Park

c/o Michael H. Bowling, Esq.

Bell & Roper, P.A.

2707 East Jefferson Street

Orlando, FL 32803

Thomas P. Crapps, 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