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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-057

FCHR Order No. 11-057

Date of Release: 07/13/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

COLLEEN PITRA

HUD Case No. 04-10-1322-8

Petitioner

FCHR Case No. 2010H0394

 

DOAH Case No. 10-9501

v.

 

REMINGTON AT PONTE VEDRA LAKES APARTMENTS, ET AL.,

AIMCO, ET AL. AND MILES CORTEZ

FCHR Order No. 11-057

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated April 25, 2011, issued in the above-styled matter by Administrative Law Judge James H. Peterson, III.

Findings of Fact and Conclusions of Law

Judge Peterson’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Specifically, Judge Peterson’s order recommends that the Commission issue a final order dismissing the case based on Petitioner’s “failure to present any evidence in support of her Petition…”

We note that the order re-scheduling the final hearing in this matter for April 22, 2011, issued on January 25, 2011, omits Petitioner’s apartment number from the address to which the order indicates it was sent to Petitioner. Nevertheless, filings by Petitioner on January 26, 2011, and February 5, 2011, reflect that Petitioner was aware of the April 22, 2011, final hearing date.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Patterson v. Panama City Housing Authority, FCHR Order

No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner &

FCHR Order No. 11-057

Page 2

Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

Exceptions

None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal.

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 of 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 July , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Billy Whitefox Stall

Filed this 13th day of July , 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. 11-057

Page 3

Copies furnished to:

Colleen Pitra

c/o Terry Pitra

611 Ponte Vedra Lakes Boulevard, Apt. 3805

Ponte Vedra Beach, FL 32082

Remington at Ponte Vedra Lakes Apartments, et al.,

AIMCO, et al. and Miles Cortez

c/o Scott M. Badami, Esq.

Fox Rothschild, LLP

10 Sentry Parkway, Suite 200

P. O. Box 3001

Blue Bell, PA 19422-3001

James H. Peterson, III, 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 July , 2011.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations