09-001240
Diane Scott vs.
Monroe County Housing Authority
Status: Closed
Recommended Order on Tuesday, July 14, 2009.
Recommended Order on Tuesday, July 14, 2009.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DIANE SCOTT, )
11)
12Petitioner, )
14)
15vs. ) Case No. 09-1240
20)
21MONROE COUNTY HOUSING )
25AUTHORITY, )
27)
28Respondent. )
30)
31RECOMMENDED ORDER
33Pursuant to notice, a formal hearing was held in this case
44before Larry J. Sartin, an Administrative Law Judge of the
54Division of Administrative Hearings, on June 22, 2009, in
63Marathon, Florida.
65APPEARANCES
66For Petitioner: Diane Scott, pro se
72637 92nd Street Ocean
76Marathon, Florida 33050
79For Respondent: Franklin D. Greenman, Esquire
85Greenman & Manz
885800 Overseas Highway, Suite 40
93Marathon, Florida 33050
96STATEMENT OF THE ISSUE
100The issue in this case is whether Respondent, Monroe County
110Housing Authority, unlawfully discriminated against Petitioner,
116Diane Scott, on the basis of her race in violation of the
128Florida Fair Housing Act.
132PRELIMINARY STATEMENT
134In a Housing Discrimination Complaint filed with the U.S.
143Department of Housing and Urban Development in January 2009, and
153subsequently investigated by the Florida Commission on Human
161Relations (hereinafter referred to as the Commission),
168Petitioner, who is a black female, charged that Respondent had
178unlawfully discriminated against her by refusing to renew her
187lease. The Commission investigated Petitioner's claim and, on
195February 17, 2009, issued a notice setting forth its
204determination that reasonable cause did not exist to believe
213that a discriminatory housing practice had occurred.
220In response to the Commissions determination, Petitioner
227filed a Petition for Relief, which the Commission filed with the
238Division of Administrative Hearings on March 10, 2009. The
247Petition for Relief was designated DOAH Case No. 09-1240, and
257was assigned to the undersigned.
262By Notice of Hearing issued March 23, 2009, the matter was
273scheduled to be heard on May 27, 2009. The final hearing was
285subsequently rescheduled for June 22, 2009, by Order Re-
294Scheduling Hearing entered April 1, 2009. The hearing was re-
304scheduled in order to reduce the costs of travelling to
314Marathon.
315At the final hearing, Petitioner testified on her own
324behalf and presented the testimony of Arlene Heller, a former
334neighbor of Petitioner, and Kenneth Scott, Petitioners husband.
342Petitioner also had 39 Exhibits admitted without objection.
350Respondent presented the testimony of Jesus Manuel Castillo,
358Sr., Respondents Executive Director. Respondent also had
365admitted Respondents Exhibits 1 through 13, 15 through 27, 35,
375and 52 through 63.
379No court reporter was provided by the Commission.
387Therefore, no final hearing transcript has been filed.
395At the conclusion of the hearing, the parties were given
405ten days to file post-hearing argument. Petitioner filed a
414Proposed Recommended Order on July 1, 2009. Counsel for
423Respondent represented that Respondent would not be filing any
432post-hearing submittal. Petitioners submittal has been fully
439considered.
440Unless otherwise indicated, citations to the Florida
447Statutes refer to the 2008 Florida Statutes.
454FINDINGS OF FACT
4571. Petitioner Diane Scott is a black women. Her husband,
467Kenneth Scott, who lives with her, is a black man.
4772. Respondent Monroe County Housing Authority (hereinafter
484referred to as the "Housing Authority") is responsible for
494providing low income and affordable rental apartments in Monroe
503County, Florida (hereinafter referred to as the County), a
512political subdivision of the State of Florida. The Housing
521Authority is responsible for the Section 8 Housing Choice
530Voucher Program.
5323. Ms. Scott and her husband (hereinafter referred jointly
541as the Scotts), are former residents of apartment number 23
551(hereinafter referred to as the Apartment), Tropical Isle
559Apartments, one of the Housing Authoritys housing developments,
567located at 260 41st Street, Marathon, Florida. The Scotts
576rented the Apartment pursuant to an Affordable Housing
584Residential Lease Agreement entered into on March 1, 2007
593(hereinafter referred to as the Lease). The Lease provided
602for a one-year rental period.
6074. As the Scotts readily admitted at hearing, Ms. Scott
617has raised numerous complaints with the Housing Authority
625concerning matters ranging from drug sales and use at Tropical
635Isle Apartments, which door maintenance personnel should utilize
643to enter the Apartment, and, most recently, the employment of an
654individual with a criminal record at Tropical Isle Apartments.
663Ms. Scotts complaints, which were made in person, by telephone,
673and by email, were numerous and extremely time-consuming to deal
683with by personnel of the Housing Authority. Efforts to respond
693to Ms. Scotts complaints more often than not did not satisfy
704her.
7055. By letter dated January 23, 2008 (hereinafter referred
714to as the Notice of Violation), the Scotts were informed that
725Ms. Scotts conduct constituted a violation of the Lease and
735that if it continued, could result in termination of the Lease
746(why the letter was signed by Charla Rodriguez, Director of
756Operations, The Housing Authority of the City of Key West,
766Florida, was not explained at hearing).
7726. Jesus Manuel Castillo, Sr., Executive Director of the
781Housing Authority, met with the Scotts on February 28, 2008, to
792discuss the Notice of Violation and determined that the Notice
802had been properly issued.
8067. Ms. Scotts behavior did not improve. Consequently, by
815letter dated October 30, 2008, Susan E. Vogt, Housing Manager
825for Tropical Isle Apartments, informed the Scotts that their
834Lease would not be renewed and that, therefore, their Lease
844would expire effective January 12, 2009. Ms. Vogts more than
854four-page letter described in some detail the events which had
864led to the decision to not renew the Scotts Lease.
8748. The decision to not renew the Scotts Lease was made by
886Mr. Castillo, Sr. Mr. Castillo had met with Ms. Scott on more
898than one occasion and had been the recipient of her emails and
910telephone calls and was well aware of the time and effort staff
922had to expend dealing with Ms. Scotts complaints.
9309. Mr. Castillo, on behalf of the Housing Authority,
939decided to not renew the Scotts lease, rather than evicting
949them so that the Scotts would be able to continue to receive a
962Section 8 voucher.
96510. There is no competent, persuasive evidence in the
974record, direct or circumstantial, upon which a finding of any
984sort of unlawful housing discrimination could be made. Even the
994Scotts admitted at hearing that their lease was not renewed
1004primarily because of Ms. Scotts continuous complaints, adding
1012that they believed it was also because of their race. Even
1023Ms. Scotts Proposed Recommended Order fails to mention how her
1033race played any part in her treatment by the Housing Authority.
1044Ultimately it is determined that the Housing Authority did not
1054commit any prohibited act vis-à-vis Ms. Scott.
1061CONCLUSIONS OF LAW
106411. The Division of Administrative Hearings has personal
1072and subject matter jurisdiction in this proceeding pursuant to
1081Sections 120.569, and 120.57(1), Florida Statutes.
108712. Under the Florida Fair Housing Act (hereinafter
1095referred to as the "FFHA"), it is unlawful to discriminate in
1107the sale or rental of housing. Although Ms. Scott has not
1118identified the particular provisions of the FFHA under which she
1128purports to travel, it is reasonably clear that she is
1138attempting to assert discrimination claims pursuant to Section
1146760.23, Florida Statutes.
114913. Upon examination of the specific acts of unlawful
1158discrimination and other prohibited practices enumerated in
1165Section 760.23, it is concluded that the following provisions
1174are or might be implicated by Ms. Scotts allegations:
1183(1) It is unlawful to refuse to sell or
1192rent after the making of a bona fide offer,
1201to refuse to negotiate for the sale or
1209rental of, or otherwise to make unavailable
1216or deny a dwelling to any person because of
1225race, color, national origin, sex, handicap,
1231familial status, or religion.
1235(2) It is unlawful to discriminate
1241against any person in the terms, conditions,
1248or privileges of sale or rental of a
1256dwelling, or in the provision of services or
1264facilities in connection therewith, because
1269of race, color, national origin, sex,
1275handicap, familial status, or religion.
1280. . . .
128414. In cases involving a claim of housing discrimination,
1293the complainant has the initial burden of proving a prima facie
1304case of discrimination by a preponderance of the evidence.
1313Generally speaking, a prima facie case comprises circumstantial
1321evidence of discriminatory animus, such as proof that the
1330charged party treated persons outside of the protected class,
1339who were otherwise similarly situated, more favorably than the
1348complainant was treated. Failure to establish a prima facie
1357case of discrimination ends the inquiry. See Ratliff v. State ,
1367666 So. 2d 1008, 1012 n.6 (Fla. 1st DCA), aff'd , 679 So. 2d 1183
1381(1996)( citing Arnold v. Burger Queen Systems , 509 So. 2d 958
1392(Fla. 2d DCA 1987)).
139615. If, however, the complainant sufficiently establishes
1403a prima facie case, the burden then shifts to the charged party
1415to articulate some legitimate, nondiscriminatory reason for its
1423action. If the charged party satisfies this burden, then the
1433complainant must establish by a preponderance of the evidence
1442that the reason asserted by the charged party is, in fact,
1453merely a pretext for discrimination. See Massaro v. Mainlands
1462Section 1 & 2 Civic Ass'n, Inc. , 3 F.3d 1472, 1476 n.6 (11th
1475Cir. 1993), cert. denied , 513 U.S. 808, 115 S. Ct. 56, 130 L.
1488Ed. 2d 15 (1994)("Fair housing discrimination cases are subject
1498to the three-part test articulated in McDonnell Douglas Corp. v.
1508Green , 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d 668 (1973).");
1523Secretary, U.S. Dept. of Housing and Urban Development, on
1532Behalf of Herron v. Blackwell , 908 F.2d 864, 870 (11th Cir.
15431990)("We agree with the ALJ that the three-part burden of proof
1555test developed in McDonnell Douglas [for claims brought under
1564Title VII of the Civil Rights Act] governs in this case
1575[involving a claim of discrimination in violation of the federal
1585Fair Housing Act].").
158916. To make out a prima facie case of discrimination,
1599Ms. Scott needed to show that she: (1) belongs to a protected
1611class; (2) is qualified to rent an available apartment or
1621receive the services in question; (3) was denied the apartment
1631or services by the Housing Authority; and (4) was treated less
1642favorably by the Housing Authority than were similarly situated
1651persons outside of the protected class. See , e.g. , Jackson v.
1661Comberg , 2006 U.S. Dist. LEXIS 66405, *15 (M.D.Fla. Aug. 22,
16712006).
167217. It is undisputed that Ms. Scott met the first three
1683elements of a prima facie case . She failed to prove, however,
1695that she was treated less favorably by the Housing Authority
1705than similarly situated persons outside her protected class.
171318. Had Ms. Scott presented a prima facie case of
1723discrimination, which she did not, the Housing Authority met its
1733burden by proving that the refusal to renew the Scotts Lease
1744was based upon a legitimate, nondiscriminatory reason. The
1752Housing Authoritys proof was not countered by Ms. Scott with
1762evidence that the reason asserted by the Housing Authority for
1772refusing to renew the Scotts Lease was, in fact, merely a
1783pretext for discrimination.
1786RECOMMENDATION
1787Based on the foregoing Findings of Fact and Conclusions of
1797Law, it is RECOMMENDED that the Florida Commission on Human
1807Relations enter a final order finding the Monroe County Housing
1817Authority not liable for housing discrimination and awarding
1825Ms. Scott no relief.
1829DONE AND ENTERED this 14th day of July, 2009, in
1839Tallahassee, Leon County, Florida.
1843LARRY J. SARTIN
1846Administrative Law Judge
1849Division of Administrative Hearings
1853The DeSoto Building
18561230 Apalachee Parkway
1859Tallahassee, Florida 32399-3060
1862(850) 488-9675
1864Fax Filing (850) 921-6847
1868www.doah.state.fl.us
1869Filed with the Clerk of the
1875Division of Administrative Hearings
1879this 14th day of July, 2009.
1885COPIES FURNISHED :
1888J. Manuel Castillo, Sr.
1892Monroe County Housing Authority
18961400 Kennedy Drive
1899Key West, Florida 33040
1903Diane Scott
1905Post Office Box 501586
1909Marathon, Florida 33050
1912Franklin D. Greenman, Esquire
1916Greenman, Manz & Ables
1920Gulfside Village, Suite 40
19245800 Overseas Highway
1927Marathon, Florida 33050
1930Denise Crawford, Agency Clerk
1934Florida Commission on Human Relations
19392009 Apalachee Parkway, Suite 100
1944Tallahassee, Florida 32301
1947Larry Kranert, General Counsel
1951Florida Commission on Human Relations
19562009 Apalachee Parkway, Suite 100
1961Tallahassee, Florida 32301
1964NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
1970All parties have the right to submit written exceptions within
198015 days from the date of this Recommended Order. Any exceptions
1991to this Recommended Order should be filed with the agency that
2002will issue the Final Order in this case.
- Date
- Proceedings
- PDF:
- Date: 12/15/2009
- Proceedings: (Amended) Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
- PDF:
- Date: 09/23/2009
- Proceedings: Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
- PDF:
- Date: 07/14/2009
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- Date: 06/22/2009
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 06/16/2009
- Proceedings: Notice of Compliance with Pre-hearing Instructions (with attachments) filed.
- PDF:
- Date: 04/06/2009
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/01/2009
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 04/01/2009
- Proceedings: Order Re-scheduling Hearing (hearing set for June 22, 2009; 9:30 a.m.; Marathon, FL).
- PDF:
- Date: 03/30/2009
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 03/23/2009
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
Case Information
- Judge:
- LARRY J. SARTIN
- Date Filed:
- 03/10/2009
- Date Assignment:
- 03/10/2009
- Last Docket Entry:
- 12/15/2009
- Location:
- Marathon, Florida
- District:
- Southern
- Agency:
- ADOPTED IN TOTO
Counsels
-
J. Manuel Castillo, Sr.
Address of Record -
Franklin D. Greenman, Esquire
Address of Record -
Diane Scott
Address of Record