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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-068

FCHR Order No. 11-068

Date of Release: 08/30/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ELIZABETH SHERLOCK

HUD Case No. 04-10-1252-8

Petitioner

FCHR Case No. 2010H0395

 

DOAH Case No. 10-9940

v.

 

WEDGEWOOD AT PELICAN STRAND NEIGHBORHOOD

ASSOCIATION, ET AL.; NEWELL PROPERTY MANAGEMENT,

ET AL.; SHERYL WHITAKER, OWNER; AND CAMBRIDGE

MANAGEMENT, ET AL.

FCHR Order No. 11-068

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Elizabeth Sherlock filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2009), alleging that Respondents Wedgewood at Pelican Strand Neighborhood Association, et al., Newell Property Management, et al., Sheryl Whitaker, Owner, and Cambridge Management, et al., committed discriminatory housing practices on the bases of Petitioner’s sex (female) and familial status (Petitioner lived with her 9-year-old son) in circumstances surrounding Petitioner’s leasing and attempted lease renewal of a residence.

The allegations set forth in the complaint were investigated, and, on September 22, 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 in Fort Myers, Florida, on May 16, 2011, before Administrative Law Judge Thomas P. Crapps.

Judge Crapps issued a Recommended Order of dismissal, dated June 7, 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. 11-068

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, Mack v. Agency for Persons with Disabilities, FCHR Order No. 11-026 (March 17, 2011), 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 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 30th day of August , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Elena Flom; and

Commissioner Lizzette Romano

FCHR Order No. 11-068

Page 3

Filed this 30th day of August , 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:

Elizabeth Sherlock

245 Walnut Street South

Belle Plaine, MN 56011

Cambridge Management, et al.

c/o Daniel J. Santaniello, Esq.

c/o Thomas J. Gibbons, Esq.

Luks, Santaniello, Petrillo & Jones

110 Southeast 6th Street, 20th Floor

Fort Lauderdale, FL 33301

Wedgewood at Pelican Strand Neighborhood Association, et al.,

and Newell Property Management, et al.

c/o Lisa M. Szulgit, Esq.

Cole, Scott & Kissane, P.A.

1645 Palm Beach Lakes Boulevard, Second Floor

West Palm Beach, FL 33401

Sheryl Whitaker

11313 Westgate Way

Spotsylvania, VA 22551

The Strand Golf and Country Club

c/o Andrew J. Wozniak, Esq.

Salvator, Wood & Buckel, P.L.

9132 Strada Place, Fourth Floor

Naples, FL 34108

FCHR Order No. 11-068

Page 4

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 30th day of August , 2011.

By: ______/s/__________________

Clerk of the Commission

Florida Commission on Human Relations