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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-059

FCHR Order No. 11-059

Date of Release: 07/13/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DANIEL W. MCMAHON

HUD Case No. 04-10-0071-8

Petitioner

FCHR Case No. 2010H0089

 

DOAH Case No. 10-0327

v.

 

SUNCOAST SCHOOLS FEDERAL CREDIT UNION

FCHR Order No. 11-059

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Daniel W. McMahon filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondent Suncoast Schools Federal Credit Union committed discriminatory housing practices on the basis of Petitioner’s disability by twice not allowing Petitioner to apply for a mortgage loan.

The allegations set forth in the complaint were investigated, and, on December 16, 2009, 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 Naples, Florida, on November 17, 2010, and February 23, 2011, before Administrative Law Judge Susan B. Harrell.

Judge Harrell issued a Recommended Order of dismissal, dated April 27, 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. 11-059

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 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. 11-059

Page 3

Copies furnished to:

Daniel W. McMahon

2311 Woodland Estates Road

Naples, FL 34117

Suncoast Schools Federal Credit Union

c/o Ashley Nicole Richardson, Esq.

McConnaughhay, Duffy, Coonrod,

Pope & Weaver, P.A.

1709 Hermitage Boulevard, Suite 200

Tallahassee, FL 32302

Susan B. Harrell, 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