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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-042

FCHR Order No. 12-042

Date of Release: 08/29/2012





HUD Case No. 04-11-1129-8



FCHR Case No. 2012H0041


DOAH Case No. 11-5475



FCHR Order No. 12-042








Preliminary Matters

Petitioner Arlen Lewis filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2010), alleging that Respondent Arlen House East Condominium Association committed discriminatory housing practices by failing to make a reasonable accommodation for Petitioner’s alleged handicap and by engaging in acts of disparate treatment on the basis of Petitioner’s alleged handicap.

The allegations set forth in the complaint were investigated, and, on September 21, 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.

Administrative Law Judge Edward T. Bauer issued a Recommended Order of Dismissal, dated November 29, 2011, finding that the Petition for Relief was untimely and recommending that the Commission dismiss the Petition for Relief.

The Commission issued an Order Remanding Petition for Relief from a Discriminatory Housing Practice, dated February 21, 2012, (FCHR Order No. 12-005), finding that the Petition for Relief was timely filed, and remanding the case to the Administrative Law Judge for further proceedings on the Petition for Relief.

An evidentiary hearing was held by video teleconference at sites in Miami and Tallahassee, Florida, on June 4, 2012, before Judge Bauer.

Judge Bauer issued a Recommended Order of dismissal, dated June 13, 2012.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order, dated June 13, 2012.

FCHR Order No. 12-042

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.


Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.


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.


Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner James Johns; and

Commissioner Lizzette Romano

FCHR Order No. 12-042

Page 3

Filed this 29th day of August , 2012,

in Tallahassee, Florida.


Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Arlene Lewis

100 Bayview Drive, Apartment 1902

Sunny Isles Beach, FL 33160

Arlen House East Condominium Association

c/o Joshua D. Frachtman, Esq.

c/o Justin C. Sorel, Esq.

Cole, Scott & Kissane, P.A.

1645 Palm Beach Lakes Boulevard

Second Floor

West Palm Beach, FL 33401

Edward T. Bauer, 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