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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-012

FCHR Order No. 13-012

Date of Release: 02/26/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

MENNDEK CUSHE

HUD Case No. 04-12-0391-8

Petitioner

FCHR Case No. 2012H0168

 

DOAH Case No. 12-1987

v.

 

TITUSVILLE HOUSING AUTHORITY

FCHR Order No. 13-012

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated December 4, 2012, issued in the above-styled matter by Administrative Law Judge R. Bruce McKibben.

Findings of Fact and Conclusions of Law

Judge McKibben’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Specifically, Judge McKibben’s order states that because of Petitioner’s nonappearance no facts were presented by Petitioner to substantiate his claim of discrimination. Consequently, the order recommends that the Commission issue a final order dismissing the Complaint of Petitioner in its entirety.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of Financial Services, FCHR Order No. 11-034 (April 13, 2011), Patterson v. Panama City Housing Authority, FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

FCHR Order No. 13-012

Page 2

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

Exceptions

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

Dismissal

The Petition for Relief and Complaint of Discrimination 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 of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 26th day of February , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Lizzette Romano; and

Commissioner Mario M. Valle

Filed this 26th day of February , 2013,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 13-012

Page 3

Copies furnished to:

Menndek Cushe

1830 Woodland Circle, No. 205

Vero Beach, FL 32967

Titusville Housing Authority

c/o Gary M. Glassman, Esq.

Brown, Garganese, Weiss & D’Agresta, P.A.

111 North Orange Avenue, Suite 2000

Orlando, FL 32802-2873

R. Bruce McKibben, 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 26th day of February , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations