02-000551 Charles Tien vs. Al Soto And The Continental Group Status: Closed Recommended Order on Tuesday, July 2, 2002.

Summary: Petitioner failed to prove that either Respondent committed an act of housing discrimination against him based on his Chinese national origin.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES TIEN, )

)

Petitioner, )

)

vs. ) Case No. 02 - 0551

)

AL SOTO and THE CONTINENTAL )

GROUP, )

)

Respondents. )

______________________________)

RECOMMENDED ORDER

Rober t E. Meale, Administrative Law Judge of the Division

of Administrative Hearings, conducted the final hearing in

Miami, Florida, on April 16, 2002.

APPEARANCES

For Petitioner: Steven E. Petrou

12611 Jones Road, Suite 101

Houston, Texas 77070

For Respondents: Lisa K. Berg, Esquire

Stearns Weaver

150 West Flagler Street, Suite 2200

Miami, Florida 33130

STATEMENT OF THE ISSUE

The issue is whether Respondents committed an unlawful act

of housing discrimination against Petitioner based on his

national origin, in violation of Section 760.23(2), Florida

Statutes.

PRELIMINARY STATEMENT

On January 25, 2002, the Florida Commission on Human

Rela tions issued a Determination of No Reasonable Cause.

By Petition for Relief filed February 7, 2002, Petitioner

alleged that Respondent The Continental Group, which is the

management company for Petitioner's condominium building, and

Respondent Al Soto, th e Executive Vice President of The

Continental Group, committed various acts of housing

discrimination against Petitioner based on his Chinese national

origin. On April 15, 2002, Petitioner filed an Amended Petition

for Relief.

At the hearing, Petition er called four witnesses and

offered into evidence 34 exhibits: Petitioner Exhibits 2 - 6, 10,

13, 15, 21 - 32, 34 - 35, 40 - 41, 44, 46, 57, 59 - 60, 62 - 65, and 68.

Respondent called five witnesses and offered into evidence three

exhibits: Respondent Exhibits 1 - 3. All exhibits were admitted

except Petitioner Exhibit 10 was not admitted for the truth of

its contents.

The court reporter filed the transcript on May 15, 2002.

The parties filed their proposed recommended orders by May 30,

2002.

FINDINGS OF FACT

1. Petitioner was born in Shanghai, China, in 1948, and is

of Chinese national origin. He moved to the United States at 12

years of age. He speaks Chinese and English, as well as other

languages. He has substantial financial expertise.

2. Petitioner has resided at the Brickell Townhouse for

eight years. He owns the fee simple to Unit 6P. Respondent The

Continental Group (Continental Group) is a property management

company that provides services to a large number of condominium,

homeowner, and co - op asso ciations, especially in Dade and

Broward counties. Respondent Al Soto is an executive vice

president of Continental Group and has served in this capacity

for five years.

3. Brickell Townhouse comprises 360 condominium units.

Continental Group has been t he property manager for Brickell

Townhouse for 10 years. Continental Group provides management,

administrative, and maintenance services to Brickell Townhouse

through several employees assigned to the condominium. Mr. Soto

oversees 44 properties managed by Continental Group.

Continental Group has assigned Carlos Rodriguez to serve as the

property manager of Brickell Townhouse. Mr. Rodriguez is one of

40 managers whom Mr. Soto supervises.

4. For several years, Petitioner has been critical of the

managem ent provided by the Board of Directors of the condominium

association and Continental Group. The directors are elected by

the condominium owners to operate the condominium association.

Petitioner has run for election as a director several times, but

has never been elected.

5. The condominium owners and condominium association have

been subject to unusual stress for several years, as they have

been undertaking substantial repairs and pursuing insurance

claims arising from considerable damage that Bricke ll Townhouse

sustained from Hurricane Andrew. Petitioner often makes

important points in questioning or confronting directors or

employees of Continental Group, but these encounters often

deteriorate to heated exchanges between Petitioner, on the one

hand , and individual directors or an employee, on the other

hand.

6. At one meeting, Petitioner made an ethnically

derogatory remark to a Jewish attorney, who was serving as a

director at the time. Petitioner often resorted to profanity

during the meetings when he received unsatisfactory answers to

the questions that he had asked. Petitioner often uttered

"fuck" and "shit" and once referred to the wives of some of the

directors as "bitches." Some of the female unitowners became

concerned about their secur ity at the meetings, so the Board of

Directors had to provide security at the meetings.

7. In a heated exchange during a meeting of the Board of

Directors on January 4, 2001, Petitioner approached a director

and loudly called him an "asshole." Pushing Mr . Rodriguez, who

was trying to keep the approaching Petitioner from reaching the

director, the director shouted, "get away from me, you fucking

Chink."

8. The Board of Directors employs Continental Group, which

employs Mr. Soto. Neither Continental Gro up nor Mr. Soto is

responsible for the statements of any member of the Board of

Directors, and the record does not suggest that Continental

Group or Mr. Soto in any way condoned or endorsed the ethnic

epithet directed against Petitioner.

9. Since the Janu ary 4 incident, the director and

Petitioner have mended their relationship. At the time of the

hearing, they were the parties to a pending contract for the

purchase and sale of a unit at Brickell Townhouse.

10. On May 7, 2001, Petitioner attended a two - a nd - one -

half - hour meeting of the Board of Directors. Mr. Soto was also

in attendance. Over 50 other residents were present at the

meeting, during which Petitioner asked a half dozen questions.

11. Unhappy with the responses that he had received from

Mr . Soto, Petitioner approached him as soon as the meeting

concluded and tried to ask more questions. Mr. Soto informed

Petitioner that he had had his chance to ask questions and now

the meeting was over. Petitioner replied, "you're an asshole."

Mr. Soto walked away from Petitioner, who followed him and

pushed Mr. Soto into a wall. A couple of other employees of

Continental Group separated Petitioner from Mr. Soto, who was

then able to leave the room.

12. By letter dated May 21, 2001, attorneys for

Conti nental Group warned Petitioner that he had acted in an

"aggressive, threatening and abusive" way toward Mr. Soto, and

Petitioner's actions constituted civil assault and battery. The

letters ordered Petitioner to cease and desist from this

behavior, or els e Continental Group would pursue all available

civil and criminal remedies. Petitioner has construed these

warnings as coercive and threatening misconduct.

13. In July 2001, another incident took place when

Petitioner or his longterm companion, who also resides at

Brickell Townhouse, received an invoice for an elevator fee in

connection with the occupancy of a first - floor unit by a new

tenant of theirs. In the past, the condominium association had

not assessed this fee because the occupancy of a first - fl oor

unit did not require the use of an elevator.

14. Immediately upon receiving the invoice, Petitioner

telephoned the management office and spoke with one of

Continental Group's employees, who told him that the Board of

Directors had changed the rules to require that all unitowners

pay this fee. Petitioner immediately visited the management

office where he found two young female employees of Continental

Group. Referring to these employees as "airheads," Petitioner

demanded to speak to Mr. Rodriguez. Wh en Mr. Rodriguez

appeared, Petitioner shouted to him that he was a "criminal

gangster."

15. The record describes other intense confrontations and

angry exchanges between Petitioner, on the one hand, and various

directors, Continental Group, and employ ees of Continental

Group, on the other hand -- more insults, more animosity, and more

perceptions of unfairness, but no evidence whatsoever suggests

the presence of discrimination against Petitioner based on his

Chinese origin.

16. The sole mention of Pet itioner's Chinese origin is

from a director, not one of the Respondents, and even Petitioner

does not suggest that the person uttering this epithet has

committed a discriminatory act against Petitioner. The sole act

clearly linked to the conditions of occ upancy of a unit -- the

changed fee schedule -- involves only the Board of Directors and

not the Respondents. The record affords no basis for an

inference of ethnic discrimination in housing.

CONCLUSIONS OF LAW

17. The Division of Administrative Hearings h as

jurisdiction over the subject matter. Section 120.57(1),

Florida Statutes. (All references to Sections are to Florida

Statutes.)

18. Section 760.23(2) provides:

It is unlawful to discriminate against any

person in the terms, conditions, or

privilege s of sale or rental of a dwelling,

or in the provision of services or

facilities in connection therewith, because

of race, national origin, sex, handicap,

familial status, or religion.

19. Petitioner has failed to prove any housing

discrimination whats oever in this case.

RECOMMENDATION

It is

RECOMMENDED that the Florida Commission on Human Relations

enter a final order dismissing the Petition for Relief.

DONE AND ENTERED this 2nd day of July, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

ROBERT E. MEALE

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.d oah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2nd day of July, 2002.

COPIES FURNISHED:

Cecil Howard, General Counsel

Florida Commis sion on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Charles Tien

2451 Brickell Avenue, Uni t 6P

Miami, Florida 33129

Lisa K. Berg, Esquire

Stearns Weaver

150 West Flagler Street, Suite 2200

Miami, Florida 33130

Steven E. Petrou, Esquire

12611 Jones Road, Suite 101

Houston, Texas 77070

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this recommended order. Any exceptions

to this recommended order must be filed with the agency that

will issue the final order in this case.