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Home / Complaints / Final Orders / Final Orders 1999 / FCHR Order No. 99-036

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

Lydia Cortes, Petitioner,
V.
Concord Management, Ravens Crossing Apartments,
Respondent
HUD Case No. 04-97-2749-8
FCHR Case No. 97-W235H
DOAH Case No. 98-4151
FCHR Order No. 99-036
FINAL ORDER DISMISSING PETITION FOR
RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

Preliminary Matters
Petitioner
Lydia Cortes filed a housing discrimination complaint pursuant to the Fair Housing Act, Sections 760.20 - 760.37, Florida Statutes (1995), alleging that Respondent Concord Management, Ravens Crossing Apartments, committed discriminatory housing practices. Petitioner alleged that Respondent unlawfully refused to rent Petitioner an apartment and, subsequently, upon renting an apartment to Petitioner, unlawfully refused to renew Petitioner's lease when it expired. The Petition for Relief and complaint also suggest allegations that Respondent was involved in discriminatory harassment of Petitioner. The alleged bases of the alleged discriminatory housing practices were Petitioner's national origin (Hispanic) and sex (female).
The
allegations set forth in the complaint were investigated, and, on June 26, 1998, the Commission issued its determination finding that there was no reasonable cause to believe that a discriminatory housing practice 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 conference on December 1, 1998, before Administrative Law Judge Daniel Manry, sitting in Tallahassee, with the parties, witnesses and court reporter attending in Orlando.
Judge
Manry issued a Recommended Order of dismissal, dated February 3, 1999.
Pursuant
to notice, public deliberations were held on December 1, 1999, by means of Communications Media Technology (namely, telephone) before this panel of Commissioners. The public access point for these telephonic deliberations was the Office of the Florida Commission on Human Relations, 325 John Knox Road, Building F, Suite 240, Tallahassee, Florida, 32303-4149. At these deliberations, the Commission panel determined the action to be taken on the Petition for Relief.


Finding of Fact

A
transcript of the proceeding before the Administrative Law Judge was not filed with the Commission.
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
party 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 23rd day of December, 1999.
For The Florida Commission on Human Relations.
  Commissioner Whitfield Jenkins,
Panel Chairperson;
Commissioner Clarethea Brooks; and
Commissioner Chriss Walker
Filed this 23rd day of December, 1999,
in Tallahassee, Florida.
  
  Sharon Moultry
Clerk, Commission on Human Relations
325 John Knox Rd., Bldg. F, Suite 240
Tallahassee, FL 32303-4149
(850) 488-7082

Copies furnished to:

Lydia Cortes
Apartment 21
1400 North 17th Avenue
Hollywood, FL 33020

Bill McCabe, Esq.
1450 West State Road 434, No. 200
Longwood, FL 32750

Daniel Manry, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel