Florida/Georgia Personal Injury & Workers Compensation

...[or] (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling . . . . 42 U.S.C. § 3604(f)(3)(A) & (B) (emphasis added); Fla. Stat. § 760.23(9)(a) & (b) (identical statutory wording). The Supreme Court has decided that discrimination under the Fair Housing Act includes a refusal to make a “reasonable accommodation” for handicapped persons....

...Appellee Ajit Bhogaita persuaded a jury that Appellant Altamonte Heights Condominium Association, Inc., (“the Association”) violated the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and Fla. Stat. § 760.23(9)(b), respectively, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium....

...for women. § 760.10, Fla. Stat. (Supp. 1992). A woman may hate blacks, but she cannot refuse to hire one simply because of race. Id. A landlord may think Jews evil, but he cannot refuse to rent to a Jewish couple because of their ethnic background. § 760.23, Fla....

...natory. Rather, it is directly related to providing reasonable accommodations to enable handicapped persons an equal opportunity to use and enjoy a unit in the complex through the assistance of Abilities. As noted by petitioner, both federal law and section 760.23, Florida Statutes (2000), generally prohibit discrimination in the *464 sale or rental of a dwelling based on, among other things, a person's handicap. For purposes of section 760.23(7) and (8), [8] pertaining to discrimination because of a handicap, discrimination includes "[a] refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." § 760.23(9)(b), Fla....

...A/K/A 4215 East Bay Drive, # 1203D, Clearwater, Florida 33764. (Emphasis added.) The legal descriptions for the other three units involved in this case contain similar language. [7] It should be noted that a copy of the "Abilities Amendment" is not in the record. [8] Section 760.23(7)-(8) provides: (7) It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (a) That buyer or renter; (b) A person residing in or i...

...n connection with such dwelling, because of a handicap of: (a) That buyer or renter; (b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) Any person associated with the buyer or renter. § 760.23(7)-(8), Fla....

...This Act added handicapped persons to those protected from discrimination in buying and renting housing facilities. The Florida Legislature essentially codified the Federal Act when it enacted the Florida Fair Housing Act. See §§ 760.20-.37, Fla. Stat. (2000). In language nearly identical to the FHAA, section 760.23(7)(b) provides that it is unlawful to discriminate in the rental of or to "otherwise make unavailable" a dwelling because of the handicap of any person intending to reside in the dwelling after it is rented....

...[1] Further, discrimination is defined so as to include a "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." § 760.23(9)(b)....

...ositive). Belletete filed suit against Halford. Count I of the complaint alleged a violation of the Florida Civil Rights Act based on Florida Statutes sections 760.35 and 760.50. Count II alleged rental discrimination under Florida Statutes sections 760.23 and 760.35....

...Therefore, the summary judgment should be reversed and remanded on this ground for further proceedings to determine whether what transpired between Halford and Belletete was discrimination under section 760.50. We next address Count II, and the remaining portion of Count I, which deal with the FHA, including section 760.35. Section 760.23 provides: It is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, handicap, familial status, or religion....

...t prospective tenants provide copies of report cards for persons under the age of 18 (the “Report Card Requirement”). DE 302-2(E); see DE 304 at 5. Plaintiffs contend that the Report Card Requirement violates 42 U.S.C. § 3604 (a) and Fla. Stat. § 760.23 (1) because, they argue, it amounts to a refusal to rent, or a refusal to negotiate for the rental of, a dwelling on the basis of familial status....

...) that persons under the age of 18 must be in their home or on their patio after sunset (the “Curfew Rule”). See DE 93-4 at 3-4. Plaintiffs contend that the Proper Attire, Loitering, and Curfew Rules violated 42 U.S.C. § 3604 (b) and Fla. Stat. § 760.23 (2) because, Plaintiffs argue, they amounted to discrimination in the terms, conditions, or privileges of rental, or in the provision of services or facilities in connection therewith, because of familial status....

...Cornerstone Residential Mgmt., Inc., No. 05-60033-CIV-JOHNSON, 2010 WL 427436 , at *2 (S.D.Fla. Feb. 1, 2010) (citing Dornbach v. Holley, 854 So.2d 211, 213 (Fla.Dist.Ct.App.2002); Loren v. Sasser, 309 F.3d 1296 , 1300 n. 9 (11th Cir.2002)). . See 42 U.S.C. § 3604 (a); Fla. Stat. § 760.23 (1). . See 42 U.S.C. § 3604 (b); Fla. Stat. § 760.23 (2). . See 42 U.S.C. § 3604 (c); Fla. Stat. § 760.23 (3)....

...DISCUSSION The Complaint asserts five claims against Defendant: (1) in Count I, violations of the Fair Housing Act, 42 U.S.C. §§ 3604 (f)(1)-(2), 3617 ; (2) in Count II, violation of the Florida Fair Housing Act, Fla. Stat. § 760.37 ; (3) in Count III, violation of the Florida Fair Housing Act, Fla. Stat. § 760.23 (3) ; (4) in Count IV, violation of the Florida Fair Housing Act, Fla. Stat. § 760.23 (2) ; and (5) in Count V, common law intentional infliction of emotional distress....

...Here, Plaintiff alleges Defendant's conduct interfered with the exercise and enjoyment of her right under the Fair Housing Act to be "protect[ed] from unlawful discrimination because of her sex." (D.E. 1 at ¶ 4.) And by also alleging in Counts III and IV violations of Florida Statute Sections 760.23(2) - (3), the identical state companion provisions to 42 U.S.C....

...Defendant's Motion to Dismiss the claims under Sections 3604(f)(1)-(2) is accordingly GRANTED . B. ALLEGED VIOLATIONS OF THE FLORIDA FAIR HOUSING ACT Plaintiff brings three Counts alleging Florida Fair Housing Act violations: in Count II, Fla. Stat. § 760.37 ; in Count III, Fla. Stat. § 760.23 (3) ; and in Count VI, Fla. Stat. § 760.23 (2)....

...As Plaintiff makes clear, she "has not made any such claims that Defendant took retaliatory and adverse action against Plaintiff for filing her claim." (D.E. 8 at 5.) Accordingly, Defendant's Motion to Dismiss Count II is therefore DENIED . 2.) Count III - Fla. Stat. Section 760.23(3) In Count III, Plaintiff asserts Defendant violated Florida Statute Section 760.23(3), which makes it unlawful to "make, print, or publish ......

...any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on ... sex ... or an intention to make any such preference, limitation, or discrimination." To state a claim under Section 760.23(3), Plaintiff must allege factual matter showing: (1) Defendant made a statement; (2) the statement was made with respect to the rental of a dwelling; and (3) the statement indicated a preference, limitation, or discrimination on the basis of a protected class....

...ch 2017." Id. at ¶ 16 (e). Defendant argues Count III should be dismissed because Plaintiff fails to plead factual matter showing any statements were made "with respect to the rental of a dwelling." As explained below, Plaintiff adequately states a Section 760.23(3) claim....

...minatory animus. See supra Sec. III.A.1.c. And these allegations are cap-stoned by the allegation Defendant followed through with his threat not to renew Plaintiff's lease upon expiration. *1298 Accordingly, the Complaint adequately pleads the final Section 760.23(3) claim element: that Defendant discriminated against Plaintiff on the basis of sex in his decision not to renew Plaintiff's lease....

...failure "to even allege that she attempted to renew the lease but was refused." (D.E. 9 at 5.) This argument is amiss. The plausibility standard applies to the elements of a claim-that is, Plaintiff must plead "sufficient factual matter" to make her Section 760.23(3) claim "plausible on its face." Iqbal , 556 U.S. at 678 , 129 S.Ct. 1937 . But Plaintiff is not required to plead that she intended, or even took action toward renewing her lease to state a claim under Section 760.23(3) because this provision imposes liability for the discriminatory " mak[ing], print[ing], or publish[ing] ... [of] any notice, statement, or advertisement with respect to the sale or rental of a dwelling ... based on ... sex." Fla. Stat. § 760.23 (3) (emphasis added). So, it is irrelevant at the pleading stage whether it is plausible that Plaintiff "wished to remain in [an] allegedly 'hostile environment' " for purposes of stating a Section 760.23(3) claim. Once Plaintiff alleged Defendant made sexually harassing statements concerning the rental, she adequately pleaded her claim. Defendant's motion to dismiss Count III is therefore DENIED. 3.) Count IV - Fla. Stat. Section 760.23(2) Plaintiff's next claim is that Defendant violated Florida Statute Section 760.23(2), which makes it unlawful to "discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of ... sex." To state a claim under Section 760.23(2), Plaintiff must plead facts showing that: (1) Plaintiff is a member of a protected class; (2) the Defendant was aware of it; (3) Plaintiff was ready, willing, and able to rent the apartment; and (4) Defendant refused to allow her to do so....

...Pfizer, Inc. , No. 1:15-cv-21826-KMM, 2016 WL 375008 , at *3 (S.D. Fla. Feb. 1, 2016) (citing St. George v. Pinellas Cnty. , 285 F.3d 1334 , 1337 (11th Cir. 2002) ). Accordingly, because Plaintiff fails to plead the "ready, willing, and able" element of her Section 760.23(2) claim, Defendant's motion to dismiss Count IV is *1299 GRANTED....

...Here, the Court finds Plaintiff need not allege at the pleading stage that Defendant threatened or exercised violence against her to state a plausible Section 3617 interference claim because, in Counts III and IV, Plaintiff alleges Defendant violated Florida Statute Sections 760.23(2) -(3) -the state companion provisions to Sections 3604(b) -(c)....

...Moreover, the Court is granting Plaintiff leave to amend the Complaint to add claims under Sections 3604(b) -(c), in order to correct an inadvertent pleading error. See supra Sec. III. A.2. The relevant corresponding provisions are: 42 U.S.C. § 3604 (b) and Fla. Stat. § 760.23 (2) ; 42 U.S.C. § 3604 (c) and Fla. Stat. § 760.23 (3) ; and 42 U.S.C. § 3617 and Fla. Stat. § 760.37 . Dismissing Plaintiff's Section 760.23(2) claim for failing to plead Plaintiff was "ready, willing, and able" is not inconsistent with rejecting Defendant's argument that Plaintiff's Section 760.23(3) claim should be dismissed on the same grounds. Section 760.23(2) targets narrower and different behavior than Section 760.23(3) : the former targets only the discriminatory nature of the "terms" and "conditions" of the transaction to sell or rent a dwelling, while the latter targets broader conduct, namely, discriminatory "notice[s], statement[s], or advertisement[s]" made in the management of selling or renting a dwelling. Compare Fla. Stat. § 760.23 (2) (making unlawful "discriminat[ion] against any person in the terms, conditions, or privileges of sale or rental of a dwelling....") (emphasis added), with Fla. Stat. § 760.23 (3) (making unlawful the "mak[ing], printi[ng], or publish[ing] ... [of] any notice, statement, or advertisement with respect to the sale or rental of a dwelling....") (emphasis added). This is why being "ready, willing, and able" is a required element of a Section 760.23(2) claim, but not a Section 760.23(3) claim....

...In two additional counts, HOPE claimed SPV Realty’s post-settlement rental practices violated the Florida Fair Housing Act, and SPV Realty provided false and inaccurate information to potential rental applicants in protected classes, in violation of section 760.23(3) of the Act....

...The only alleged discriminatory conduct by FLECA occurred three years after the purchase by the Plaintiffs of their home, and this conduct did not "otherwise make unavailable" the Plaintiffs' home. Therefore, FLECA cannot be liable to Plaintiffs under 42 U.S.C. § 3604(a) or Fla. Stat. § 760.23(1)....

...fter the Plaintiffs purchased their house and there is no evidence that any discriminatory conduct precluded Plaintiffs' ownership of a dwelling, this Court concludes that FLECA cannot be liable to Plaintiffs under 42 U.S.C. § 3604(b) or Fla. Stat. § 760.23(2)....

...The HUD regulation suggests that Section 3604(c) is limited to discriminatory advertisements, statements, and notices related to a sale or rental of a property. See id. Based on the foregoing, this Court concludes that there was no violation of Section 3604(c) or Fla. Stat. § 760.23(3) because any alleged discriminatory conduct was not in connection with a sale or rental or potential sale or rental of Plaintiffs' dwelling....

...[9] The almost identically worded section of the FFHA reads: "[i]t is unlawful to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of . . . familial status . . . ." Fla. Stat. § 760.23(1)....

...[19] The almost identically worded section of the FFHA reads: "[i]t is unlawful to discriminate against any person in the terms, conditions, or privileges of a sale or rental of a dwelling, or in the provision of services or facilities' in connection therewith, because of . . . familial status . . . ." Fla. Stat. § 760.23(2)....

...vertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on . . . familial status . . . or an intention to make any such preference, limitation, or discrimination. See Fla. Stat. 760.23(3)....

...lorida Fair Housing Act, Fla.Stat. §§ 760.20-760.37. The Act, in pertinent part prohibits discrimination "in the provision of services or facilities in connection with [the rental of a dwelling] because of a handicap of that ... renter." Fla.Stat. § 760.23(8). The discrimination covered under this section of the Florida Fair Housing Act is the same discrimination prohibited under the Federal Fair Housing Act. See Fla.Stat. § 760.23(9)....

...Appellee Ajit Bhogaita persuaded a jury that Appellant Altamonte Heights Condominium Association, Inc., (“the Association”) violated the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(b) (“FHA”) and Fla. Stat. § 760.23(9)(b), respectively, when it enforced its pet weight policy and demanded Bhogaita remove his emotional support dog from his condominium....

required to pay. 42 U.S.C.A. § 3604(f)(3)(a) (2017); § 760.23(9), Fla. Stat. (2017). But he just wants to get