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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-054

FCHR Order No. 12-054

Date of Release: 10/30/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ROBERTO SUAREZ AND CARIDAD ESPINOSA

 

HUD Case No. 04-12-0099-8

Petitioner

 

FCHR Case No. 2012H0121

   

DOAH Case No. 12-1212

v.

 

FCHR Order No. 12-054

     

HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH AND MIGUEL DEL CAMPILLO, EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioners Roberto Suarez and Caridad Espinosa filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2010), alleging that Respondents Housing Authority of the City of Miami Beach and Miguel Del Campillo, Executive Director of the Housing Authority of the City of Miami Beach, committed a discriminatory housing practice on the basis of Petitioners’ National Origin (Hispanic / Cuban) and on the basis of Petitioner Espinosa’s age (not specified) by denying Petitioners participation in the Housing Choice Voucher Homeownership Program administered by Respondents.

The allegations set forth in the complaint were investigated, and, on March 6, 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 Miami and Tallahassee, Florida, on July 25 and 30, 2012, before Administrative Law Judge Robert E. Meale.

Judge Meale issued a Recommended Order of dismissal, dated August 17, 2012.

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. 12-054

Page 2

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.

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 October , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 30th day of October , 2012,

in Tallahassee, Florida.

FCHR Order No. 12-054

Page 3

_____________/s/_______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Roberto Suarez

Caridad Espinosa

5055 Northwest 7th Street, Apt. 209

Miami, FL 33126

Housing Authority of the City of Miami Beach

and Miguel Del Campillo, Executive Director

of the Housing Authority of the City of Miami Beach

c/o Margaret H. Mevers, Esq.

c/o Jessica N. Pacheco, Esq.

Lydecker ? Diaz

1221 Brickell Avenue, 19th Floor

Miami, FL 33131

Housing Authority of the City of Miami Beach

and Miguel Del Campillo, Executive Director

of the Housing Authority of the City of Miami Beach

c/o Eve Boutsis, Esq.

Figueredo and Boutsis, P.A.

18001 Old Cutler Road, Suite 553

Palmetto Bay, FL 33157

Robert E. Meale, 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 October , 2012.

By: __________/s/________________

Clerk of the Commission

Florida Commission on Human Relations