09-005222 Karen Lee Krason vs. Community Housing Initiative, Inc. Status: Closed Recommended Order on Thursday, February 4, 2010.

Summary: Petitioner failed to present evidence and thereby failed to meet burden of proof.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KAREN LEE KRASON, )

)

Petitioner, )

)

vs. ) Case No. 09-5222

)

COMMUNITY HOUSING INITIATIVE, )

INC., )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

A formal hearing was scheduled to be held in this cause on

December 9, 2009, before J. D. Parrish, a designated

Administrative Law Judge of the Division of Administrative

Hearings, in Viera, Florida, at 9:00 a.m. A Notice of Hearing

was provided to all parties at their addresses of record.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Nicole Tenpenny, Executive Director

Community Housing Initiative, Inc.

Post Office Box 410522

Melbourne, Florida 32941-0522

STATEMENT OF THE ISSUE

The issue in this case is whether Respondent, Community

Housing Initiative, Inc. (Respondent), committed a discriminatory

housing practice against Petitioner, Karen Lee Krason (Petitioner),

in violation of Chapter 760, Florida Statutes (2008).

PRELIMINARY STATEMENT

On August 5, 2009, the Florida Commission on Human

Relations (Commission) issued a Notice of Determination of No

Cause regarding Petitioner's complaint against Respondent.

Thereafter, Petitioner timely filed a Petition for Relief that

was transmitted to the Division of Administrative Hearings

(DOAH) for formal proceedings on September 23, 2009. Petitioner

alleged that she had been denied assistance based upon her race

and that Respondent, in denying her request, had violated

provisions of Florida law related to unlawful housing practices.

The case was scheduled for formal hearing on December 9,

2009, and notice of the hearing was provided to all parties at

their addresses of record. On December 7, 2009, Petitioner

sought a continuance of the hearing. The request was deemed

untimely and insufficient. An Order Denying Continuance of

Final Hearing was entered and all parties were advised by

telephone of the ruling. When contacted, Petitioner

acknowledged that the hearing would continue as scheduled. At

the noticed time and place for the hearing, Petitioner did not

appear. After waiting approximately thirty minutes for

Petitioner to appear or to contact DOAH to explain the delay in

appearing, the hearing record was closed after Nicole Tenpenny

spoke on behalf of Respondent. A transcript of the proceeding

will not be filed in this cause.

FINDINGS OF FACT

1. On or about June 11, 2009, Petitioner filed a Housing

Discrimination Complaint with the Commission.

2. Pursuant to the Commission's procedure, an

investigation of the matter was completed that resulted in a

Notice of Determination of No Cause. Essentially, the

Commission found that based upon the allegations raised by

Petitioner there was no cause from which it could be found that

Respondent had violated the Florida Fair Housing Act.

3. Thereafter, Petitioner elected to file a Petition for

Relief to challenge the determination and to seek relief against

Respondent for the alleged violation. The Commission then

forwarded the matter to DOAH for formal proceedings.

4. DOAH issued a Notice of Hearing that was provided to

all parties at their addresses of record. The postal service

did not return the notices as undelivered. It is presumed the

parties received notice of the hearing date, time, and location.

Petitioner did not appear at the hearing.

CONCLUSIONS OF LAW

5. DOAH has jurisdiction over the parties to, and the

Fla. Stat. (2009).

6. Under the Florida Fair Housing Act (the act) it is

unlawful to discriminate in financing, sale or rental of

housing.

7. In this matter, Petitioner bears the initial burden of

proof to establish a prima facie case of discrimination by a

preponderance of the evidence. Generally, once a complainant

establishes membership in a protected class and proof that he or

she was treated differently than others not in the class, the

burden of proof then shifts requiring the offending party to

articulate a nondiscriminatory motive or objective for the

alleged discriminatory conduct. If, however, the complainant

(in this case the Petitioner) fails to establish a prima facie

case of discrimination, the matter ends. See National

Industries, Inc. v. Commission on Human Relations , 527 So. 2d

894 (Fla. 5th DCA 1988).

8. In light of Petitioner's failure to present evidence,

she has failed to meet her initial burden of proof.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that Florida Commission on Human

Relations enter a final order dismissing Petitioner's claim of

discrimination.

DONE AND ENTERED this 4th day of February, 2010, in

Tallahassee, Leon County, Florida.

S

J. D. PARRISH

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 4th day of February, 2010.

COPIES FURNISHED :

Karen Lee Krason

1715 Erin Court Northeast

Palm Bay, Florida 32905

Larry Kranert, General Counsel

Florida Commission 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

COPIES FURNISHED BY CERTIFIED MAIL

Nicole Tenpenny, Registered Agent

Community Housing Initiative, Inc.

3033 College Wood Drive

Melbourne, Florida 32941

(Certified No. 91 7108 2133 3935 7995 3000)

Nicole Tenpenny, Registered Agent

Community Housing Initiative, Inc.

Post Office Box 410522

Melbourne, Florida 32941-0522

(Certified No. 91 7108 2133 3935 7995 2997)

Michael Rogers, Officer/Director

Community Housing Initiative, Inc.

1890 Palm Bay Road, Northeast

Palm Bay, Florida 32905

(Certified No. 91 7108 2133 3935 7995 2980)

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 should be filed with the agency that

will issue the Final Order in this case.