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Home / Complaints / Final Orders / Final Orders 2014 / FCHR Order No. 14-006

FCHR Order No. 14-006

Date of Release: 03/26/2014

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

YVONNE MALONE

HUD Case No. 04-13-0265-8

Petitioner

FCHR Case No. 2013H0243

v.

DOAH Case No. 13-3703

BEACON HILL, LTD

FCHR Order No. 14-006

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters

Petitioner Yvonne Malone filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (2012), alleging that Respondent Beacon Hill, LTD, committed discriminatory housing practices on the basis of Petitioner’s religion (Christian) by denying Petitioner services to which she was entitled relating to Petitioner’s apartment lease and by harassing Petitioner.

The allegations set forth in the complaint were investigated, and, on August 27, 2013, 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 by video teleconference at sites in Orlando and Tallahassee, Florida, on December 3, 2013, before Administrative Law Judge William F. Quattlebaum.

Judge Quattlebaum issued a Recommended Order of dismissal, dated January 7, 2014.

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 Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Mack v.

FCHR Order No. 14-006

Page 2

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.

Petitioner filed a letter to Judge Quattlebaum with the Division of Administrative Hearings on or about January 21, 2014. There is no indication on the document that it was provided to Respondent as is required by Fla. Admin. Code R. 28-106.104(4) and Fla. Admin. Code R. 28-106.110. However, the Commission published the document to the Respondent, and placed the document in the record of this case, through the issuance of a notice of ex parte communication, mailed to the parties on January 29, 2014.

While this document references the 15-day filing period for filing exceptions to a Recommended Order, we note that this document does not specifically address the findings of fact or conclusions of law found in the Recommended Order. See Section 120.57(1)(k), Florida Statutes (2013).

We decline to consider this filing an exceptions document. Accord, Beddy v. Florida Fish and Wildlife Conservation Commission, FCHR Order No. 08-034 (June 2, 2008), and cases cited therein.

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.

FCHR Order No. 14-006

Page 3

DONE AND ORDERED this 26th day of March , 2014.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Donna Elam; and

Commissioner Michael Keller

Filed this 26th day of March , 2014,

in Tallahassee, Florida.

____________/s/_______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Yvonne Malone

Post Office Box 580615

Orlando, FL 32858

Beacon Hill, LTD

c/o Emily Badger

Leland Enterprises, Inc.

1627 East Vine Street, Suite E

Kissimmee, FL 34744

William F. Quattlebaum, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 14-006

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 26th day of March , 2014.

By: ___________/s/______________

Clerk of the Commission

Florida Commission on Human Relations