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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-040

FCHR Order No. 12-040

Date of Release: 08/29/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JERRY AND BRANDEE LANE

 

HUD Case No. 04-12-0114-8

Petitioner

 

FCHR Case No. 2012H0125

   

DOAH Case No. 12-1121

v.

 

FCHR Order No. 12-040

     

JOHN AND TRACEY SOLEY AND

EMERALD COAST RENTALS, LLC,

   

Respondents

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioners Jerry and Brandee Lane filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2011), alleging that Respondents John and Tracey Soley and Emerald Coast Rentals, LLC, committed a discriminatory housing practice by failing to make a reasonable accommodation for Petitioner Jerry Lane’s handicap.

The allegations set forth in the complaint were investigated, and, on March 5, 2012, the Executive Director issued a determination finding that there was no reasonable cause to believe that a discriminatory housing practice had occurred.

Petitioners 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 Pensacola and Tallahassee, Florida, on May 17, 2012, before Administrative Law Judge Robert S. Cohen.

Judge Cohen issued a Recommended Order of dismissal, dated June 4, 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. 12-040

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

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 29th day of August , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner James Johns; and

Commissioner Lizzette Romano

Filed this 29th day of August , 2012,

in Tallahassee, Florida.

FCHR Order No. 12-040

Page 3

___________/s/_________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Jerry Lane

Brandee Lane

Post Office Box 481

Gulf Breeze, FL 32562

John and Tracey Soley

and Emerald Coast Rentals, LLC

c/o Jeffrey T. Sauer, Esq.

Smith, Sauer and DeMaria

510 East Zaragoza Street

Pensacola, FL 32502

Robert S. Cohen, 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 29th day of August , 2012.

By: __________/s/________________

Clerk of the Commission

Florida Commission on Human Relations