Subject:
Title
Authority for the County Attorney to initiate litigation in the case of Rachael Berthold and Brian Russo v. Thomas Guy, Empire Realty of Pinellas, Inc. and Judy Fisch - HUD Case No. 04-14-0917-8; PC Case No. 14-041.
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Recommended Action:
Recommended Action
Approval of authority for the County Attorney to initiate litigation on behalf of Rachael Berthold and Brian Russo through the existing contract with Gulfcoast Legal Services, Inc. in the case of Rachael Berthold and Brian Russo v. Thomas Guy, Empire Realty of Pinellas, Inc. and Judy Fisch, HUD Case #04-14-0917-8; PC Case #14-041 - allegations of housing discrimination.
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Strategic Plan:
N/A
Summary:
In their July 24, 2014 complaint, Ms. Berthold and Mr. Russo filed a charge of housing discrimination with the U.S. Department of Housing and Urban Development (HUD) alleging they were subjected to unlawful housing discrimination on the basis of disability; specifically, that Respondents did not allow them to rent a townhome. In accordance with the agreement between HUD and the Pinellas County Office of Human Rights (PCOHR), the Complaint was forwarded to PCOHR for handling and investigation. Following that investigation, on December 19, 2014, PCOHR issued a finding of reasonable cause to believe that Ms. Berthold and Mr. Russo were victims of housing discrimination based on disability, in violation of the FHAA, 42 U.S.C. § 3604(f)(1). Attempts to conciliate the matter were unsuccessful; therefore, in accordance with Section 70-146 of the Pinellas County Code, the County Attorney’s Office is required to file a civil action on behalf of an aggrieved party seeking appropriate relief following a reasonable cause determination.
Background Information:
A detailed memorandum from Michelle Wallace, County Attorney’s Office, to Paul Valent, Office of Human Rights, setting forth the facts and applicable case law that led to the reasonable cause determination is attached.
Fiscal Impact:
N/A
Staff Member Responsible:
James L. Bennett, County Attorney
Michelle A. Wallace, Sr. Assistant County Attorney
Partners:
Office of Human Rights
Attachments:
January 6, 2016 memorandum from Michelle A. Wallace, County Attorney’s Office, to Paul Valenti, Office of Human Rights.