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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-017

FCHR Order No. 12-017

Date of Release: 04/23/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

EULINDA M. RUSS

 

HUD Case No. 04-11-1018-8

Petitioner

 

FCHR Case No. 2012H0004

   

DOAH Case No. 11-5422

v.

   

KEYS PROPERTY MANAGEMENT ENTERPRISE, INC.

 

FCHR Order No. 12-017

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Eulinda M. Russ filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2010), alleging that Respondent Keys Property Management Enterprise, Inc., committed discriminatory housing practices on the basis of Petitioner’s race (African American) by failing to make repairs to the home Petitioner leased from Respondent.

The allegations set forth in the complaint were investigated, and, on September 19, 2011, 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 Starke, Florida, on January 30, 2012, before Administrative Law Judge E. Gary Early.

Judge Early issued a Recommended Order of dismissal, dated February 16, 2012.

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

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

FCHR Order No. 12-017

Page 2

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

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 23rd day of April , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Michael Keller

Filed this 23rd day of April , 2012,

in Tallahassee, Florida.

FCHR Order No. 12-017

Page 3

___________/s/_______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Eulinda M. Russ

Post Office Box 902

Starke, FL 32091

Keys Property Management Enterprise, Inc.

c/o Sean Murrell, Esq.

Murrell Law, LLC

4651 Salisbury Road South, Suite 503

Jacksonville, FL 32256

E. Gary Early, 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 23rd day of April , 2012.

By: _________/s/______________

Clerk of the Commission

Florida Commission on Human Relations