20-002871 Antonio Carraway And Whang Carraway vs. St. Lucie West Country Club Estates Association, Inc., Et Al Status: Closed Recommended Order on Tuesday, October 27, 2020.

Summary: Petitioners declined at hearing to present evidence that Respondents unlawfully discriminated against them on the basis of race in violation of the Florida Fair Housing Act. Recommend dismissal.

S TATEMENT OF T HE I SSUE S

The issue s in this case are whether Respondent s unlawfully discriminated

against Petition er s on the basis of race , or retaliated against them for

exercising a protected right, or both, in violation of the Florida Fair Housing

Act.

P RELIMINARY S TATEMENT

In a Housing Discrimination Complaint filed with the U.S. Department of

Housing and Urban Development on or around December 18, 2019,

Petitioners Antonio Carraway and Whang Carraway alleged that Respondent s had unlawfully discriminated against them on the basis of race

by allowing neighbors to harass them, and by ignoring their requests for

services . Petitioners also alleged that Respondents had retaliated against

them .

The Florida Commission on Human Relations ( “ FCHR ” ) investigated

Petitioners ’ claims, and, on May 20, 2020 , issued a notice setting forth it s

determination that reasonable cause did not exist to believe that a

discriminatory housing practice had occurred . Thereafter, Petitioners filed a

Petition for Relief, which FCHR transmitted to DOAH on June 22, 2020 .

The final hearing took place on Octob er 23, 2020 . Mr. Carraway

represented Petitioners, who declined to present evidence in support of their

allegations of discriminatory practices . Respondent rested without presenting

any evidence.

U nless otherwise indicated, citations to the official statu te law of the

State of Florida refer to Florida Statutes 20 20 .

F INDINGS OF F ACT

1 . Because no evidence was admitted into the record at the final hearing,

the undersigned cannot make any findings of fact . § 120.57(1)(j), Fla. Stat.

( “ Findings of fact sha ll be based … exclusively on the evidence of record and

on matters officially recognized. ” ).

C ONCLUSIONS O F L AW

2 . DOAH has personal and subject matter jurisdiction in this proceeding

pursuant to sections 760.35, 120.569 , and 120.57(1), Florida Statutes .

3 . In a case involving claim s of housing discrimination, the complainant s

have the initial burden of proving a prima facie case of discrimination by a

preponderance of the evidence . Generally speaking, a prima facie case

comprises circumstantial evidence of discriminatory animus, such as proof

that the charged party treated persons outside of the protected class, who

were otherwise similarly situated, more favorably t han the complainant was

treated. 1 Failure to establish a prima facie case of discriminatio n ends the

inquiry . See Ratliff v. State , 666 So. 2d 1008, 1012 n.6 (Fla. 1st DCA), aff ’ d ,

679 So. 2d 1183 (1996) (citing Arnold v. Burger Queen Sys . , 509 So. 2d 958

(Fla. 2d DCA 1987)).

4 . In the absence of any competent substantial evidence in support of

Petitioners ’ allegations, Respondents are entitled to the entry of a final order

in their favor , as a matter of law.

1 Alternatively, the complainant ’ s burden may be satisfied with direct evidence of

discriminatory intent . See Trans World Airlines, Inc. v. Thurston , 469 U.S. 111, 121,

105 S. Ct. 613, 621, 83 L. Ed. 2d 523 (1985) ( “ [T]he McDonnell Douglas test is inapplicable

where the plaintiff presents direct evidence of discrimination ” inasmuch as “ [t]he shifting

burdens of proof set forth in McDonnell Douglas are designed to assure that the ‘ plaintiff

[has] his day in court despite the unavailability of direct evidence. ’ ” ).

R ECOMMENDATION

Based on the foregoing Conclusions of Law, it is R ECOMMENDED that the

Florida Commission on Human Relations enter a final order finding

Respondents not liable for housing discrimination and awarding Petitioners

no relief.

D ONE A ND E NTERED this 2 7 th day of October , 2020, in Tallahassee, Leon

County, Florida.

J OHN G. V AN L ANINGHAM

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2 7 th day of October , 2020 .

C OPIES F URNISHED :

Antonio Carraway

Whang Carraway

1406 Southwest Osprey Cove

Port St. Lucie, Florida 34986

(eServed)

Jillian Sidisky, Esquire

Stefanie S. Copelow, Esquire

Cole, Scott & Kissane, P.A .

22 2 Lakeview Avenue, Suite 120

West Palm Beach, Florida 33401

(eServed)

Tammy S. Barton, Agency Clerk

Florida Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, Florida 32399

(eServed)

Cheyanne Costilla, General Counsel

Florida Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, Florida 32399

(eServed)

N OTICE O F R IGHT T O S UBMIT E XCEPTIONS

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 s hould be filed with the agency that will issue the Final Order in this

case.