Item B4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: _April 20, 2011 Division: BOCCDis 3
Bulk Item: Yes No X Department: Mayor Heather Carruthers
(Presentation of -Wards)
Staff Contact /Phone #: Carol Schreck
305-292-3430
AGENDA ITEM WORDING:
Presentation of Mayor's Proclamation declaring APRIL 2011 as FAIR HOUSING MONTH
ITEM BACKGROUND:
Each year since the enactment of the National Fair Housing Act, the federal government designates
April, the anniversary month of that law, as Fair Housing Month providing an opportunity for all
Americans to rededicate themselves to the principles of freedom of housing choice.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:O INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0
0 BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No 0 AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
Mayor's Proclamation
FAIR HOUSING MONTH
April 2011
WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans
under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing
continues; and
WHEREAS, each year since the enactment of the National Fair Housing Act, the federal
government designates April, the anniversary month of that law, as Fair Housing Month; and
WHEREAS, on this, the 43rd anniversary, Monroe County, Florida, is pleased to join in
that designation, as it provides an opportunity for all Americans to rededicate themselves to the
principles of freedom of housing choice and to reacquaint themselves with the rights and
responsibilities that are theirs under the law; and
WHEREAS, fair housing is consistent with the principle of equality and justice for all —
principles upon which our nation was founded — we all need to share in the fight to ensure fair
housing is a reality for all residents; and
WHEREAS, the Housing Authority of Monroe County provides fair housing education
and outreach services for the County of Monroe,
NOW THEREFORE, I, Heather Carruthers, Mayor of Monroe County, on behalf of the
County Board of Commissioners, do proclaim the month of April, 2011 as
FAIR HOUSING MONTH
in Monroe County, and urge all citizens to join the efforts to reaffirm fair housing opportunities
for all people.
Dated this 20th Day of April, 2011
Heather Carruthers, Mayor
U. S. Department of Housing and Urban Development
EQUAL HOUSING
OPPORTUNITY
We Do Business in Accordance With the Federal Fair
Housing Law
(The Fair Housing Amendments Act of 1988)
It is illegal to Discriminate Against Any
Because of Race, Color, Religion, Sex,
Handicap, Familial Status, or National
Person
Origin
ir
■ In the sale or rental of housing or . In the provision of real estate
residential lots brokerage services
In advertising the sale or rental In the appraisal of housing
of housing
In the financing of housing 0 Blockbusting is also illegal
Anyone who feels he or she has been
discriminated against may file a complaint of
housing discrimination:
1-800-669-9777 (Toll Free)
1-800-927-9275 (TTY)
U.S. Department of Housing and
Urban Development
Assistant Secretary for Fair Housing and
Equal Opportunity
Washington, D.C. 20410
Previous editions are obsolete form HUD-928.1 (2/2003)
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This page is located on the U.S. Department of Housing and Urban Development's Homes and Communities
website at http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm.
Fair Housing --It's Your
Right
Fair Housing Act
HUD has played a lead role in administering the
Fair Housing Act since its adoption in 1968. The
1988 amendments, however, have greatly
increased the Department's enforcement role.
First, the newly protected classes have proven
significant sources of new complaints. Second,
HUD's expanded enforcement role took the
Department beyond investigation and
conciliation into the area of mandatory
enforcement.
Information by State
Esta pagina en espanol
Print version
a L1
► Discrimination Complaint
► Fair Housing Act
► Title VI of the Civil Rights Act of
1964
► Americans with Disabilities Act
► HUD's Advertising guidance
► Administrative Law Judges
► Equal Opportunity for All Booklet
Complaints filed with HUD are investigated by
the Office of Fair Housing and Equal
Opportunity (FHEO). If the complaint is not successfully conciliated, FHEO
determines whether reasonable cause exists to believe that a discriminatory
housing practice has occurred. Where reasonable cause is found , the parties to
the complaint are notified by HUD's issuance of a Determination, as well as a
Charge of Discrimination, and a hearing is scheduled before a HUD administrative
law judge. Either party - complainant or respondent - may cause the HUD -
scheduled administrative proceeding to be terminated by electing instead to have
the matter litigated in Federal court. Whenever a party has so elected, the
Department of Justice takes over HUD's role as counsel seeking resolution of the
charge on behalf of aggrieved persons, and the matter proceeds as a civil action.
Either form of action - the AU proceeding or the civil action in Federal court - is
subject to review in the U.S. Court of Appeals.
Significant Recent Changes
1. The Housing for Older Persons Act of 1995 (HOPA) makes several changes to
the 55 and older exemption. Since the 1988 Amendments, the Fair Housing
Act has exempted from its familial status provisions properties that satisfy
the Act's 55 and older housing condition.
First, it eliminates the requirement that 55 and older housing have
"significant facilities and services" designed for the elderly. Second, HOPA
establishes a "good faith reliance" immunity from damages for persons who
in good faith believe that the 55 and older exemption applies to a particular
property, if they do not actually know that the property is not eligible for the
exemption and if the property has formally stated in writing that it qualifies
for the exemption.
HOPA retains the requirement that senior housing must have one person
who is 55 years of age or older living in at least 80 percent of its occupied
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units. It also still requires that senior housing publish and follow policies and
procedures that demonstrate an intent to be housing for persons 55 and
older.
An exempt property will not violate the Fair Housing Act if it includes families
with children, but it does not have to do so. Of course, the property must
meet the Act's requirements that at least 80 percent of its occupied units
have at least one occupant who is 55 or older, and that it publish and follow
policies and procedures that demonstrate an intent to be 55 and older
housing.
A Department of Housing and Urban Development rule published in the April
2, 1999, Federal Register implements the Housing for Older Persons Act of
1995, and explains in detail those provisions of the Fair Housing Act that
pertain to senior housing.
2. Changes were made to enhance law enforcement, including making
amendments to criminal penalties in section 901 of the Civil Rights Act of
1968 for violating the Fair Housing Act.
3. Changes were made to provide incentives for self -testing by lenders for
discrimination under the Fair Housing Act and the Equal Credit Opportunity
Act. See Title II, subtitle D of the Omnibus Consolidated Appropriations Act,
1997, P.L. 104 - 208 (9/30/96).
Basic Facts About the Fair Housing Act
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act
exempts owner -occupied buildings with no more than four units, single-family
housing sold or rented without the use of a broker, and housing operated by
organizations and private clubs that limit occupancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following
actions based on race, color, national origin, religion, sex, familial status or
handicap:
. Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
. Deny a dwelling
. Set different terms, conditions or privileges for sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
. For profit, persuade owners to sell or rent (blockbusting) or
. Deny anyone access to or membership in a facility or service (such as a
multiple listing service) related to the sale or rental of housing.
In Mortgage Lending: No one may take any of the following actions based on
race, color, national origin, religion, sex, familial status or handicap (disability):
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. Refuse to make a mortgage loan
Refuse to provide information regarding loans
. Impose different terms or conditions on a loan, such as different interest
rates, points, or fees
Discriminate in appraising property
Refuse to purchase a loan or
. Set different terms or conditions for purchasing a loan.
In Addition: It is illegal for anyone to:
. Threaten, coerce, intimidate or interfere with anyone exercising a fair
housing right or assisting others who exercise that right
. Advertise or make any statement that indicates a limitation or preference
based on race, color, national origin, religion, sex, familial status, or
handicap. This prohibition against discriminatory advertising applies to
single-family and owner -occupied housing that is otherwise exempt from the
Fair Housing Act.
Additional Protection if You Have a Disability
If you or someone associated with you:
Have a physical or mental disability (including hearing, mobility and visual
impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related
Complex and mental retardation) that substantially limits one or more major
life activities
Have a record of such a disability or
Are regarded as having such a disability
your landlord may not:
Refuse to let you make reasonable modifications to your dwelling or common
use areas, at your expense, if necessary for the disabled person to use the
housing. (Where reasonable, the landlord may permit changes only if you
agree to restore the property to its original condition when you move.)
Refuse to make reasonable accommodations in rules, policies, practices or
services if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired tenant
to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking
must honor a request from a mobility -impaired tenant for a reserved space near
her apartment if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to
the health or safety of others or who currently uses illegal drugs.
Requirements for New Buildings
In buildings that are ready for first occupancy after March 13, 1991, and have an
elevator and four or more units:
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Public and common areas must be accessible to persons with disabilities
Doors and hallways must be wide enough for wheelchairs
All units must have:
o An accessible route into and through the unit
o Accessible light switches, electrical outlets, thermostats and other
environmental controls
o Reinforced bathroom walls to allow later installation of grab bars and
o Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready for first
occupancy after March 13, 1991, these standards apply to ground floor units.
These requirements for new buildings do not replace any more stringent standards
in State or local law.
Housing Opportunities for Families
Unless a building or community qualifies as housing for older persons, it may not
discriminate based on familial status. That is, it may not discriminate against
families in which one or more children under 18 live with:
A parent
A person who has legal custody of the child or children or
The designee of the parent or legal custodian, with the parent or custodian's
written permission.
Familial status protection also applies to pregnant women and anyone securing
legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against
familial status discrimination if:
The HUD Secretary has determined that it is specifically designed for and
occupied by elderly persons under a Federal, State or local government
program or
It is occupied solely by persons who are 62 or older or
It houses at least one person who is 55 or older in at least 80 percent of the
occupied units, and adheres to a policy that demonstrates an intent to house
persons who are 55 or older.
A transition period permits residents on or before September 13, 1988, to
continue living in the housing, regardless of their age, without interfering with the
exemption.
If You Think Your Rights Have Been Violated
HUD is ready to help with any problem of housing discrimination. If you think your
rights have been violated, the Housing Discrimination Complaint Form is available
for you to download, complete and return, or complete online and submit, or you
may write HUD a letter, or telephone the HUD Office nearest you. You have one
year after an alleged violation to file a complaint with HUD, but you should file it
as soon as possible.
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What to Tell HUD:
. Your name and address
• The name and address of the person your complaint is against (the
respondent)
• The address or other identification to the housing involved
• A short description to the alleged violation (the event that caused you to
believe your rights were violated)
. The date(s) to the alleged violation
Where to Write or Call:
Send the Housing Discrimination Complaint Form or a letter to the HUD Office
nearest you or you may call that office directly.
If You Are Disabled:
HUD also provides:
• A toll -free TTY phone for the hearing impaired: 1-800-927-9275.
. Interpreters
e Tapes and braille materials
• Assistance in reading and completing forms
What Happens when You File a Complaint?
HUD will notify you when it receives your complaint. Normally, HUD also will:
• Notify the alleged violator of your complaint and permit that person to
submit an answer
• Investigate your complaint and determine whether there is reasonable cause
to believe the Fair Housing Act has been violated
• Notify you if it cannot complete an investigation within 100 days of receiving
your complaint
Conciliation
HUD will try to reach an agreement with the person your complaint is against (the
respondent). A conciliation agreement must protect both you and the public
interest. If an agreement is signed, HUD will take no further action on your
complaint. However, if HUD has reasonable cause to believe that a conciliation
agreement is breached, HUD will recommend that the Attorney General file suit.
Complaint Referrals
If HUD has determined that your State or local agency has the same fair housing
powers as HUD, HUD will refer your complaint to that agency for investigation and
notify you of the referral. That agency must begin work on your complaint within
30 days or HUD may take it back.
What if You Need Help Quickly?
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If you need immediate help to stop a serious problem that is being caused by a
Fair Housing Act violation, HUD may be able to assist you as soon as you file a
complaint. HUD may authorize the Attorney General to go to court to seek
temporary or preliminary relief, pending the outcome of your complaint, if:
Irreparable harm is likely to occur without HUD's intervention
There is substantial evidence that a violation of the Fair Housing Act
occurred
Example: A builder agrees to sell a house but, after learning the buyer is black,
fails to keep the agreement. The buyer files a complaint with HUD. HUD may
authorize the Attorney General to go to court to prevent a sale to any other buyer
until HUD investigates the complaint.
What Happens after a Complaint Investigation?
If, after investigating your complaint, HUD finds reasonable cause to believe that
discrimination occurred, it will inform you. Your case will be heard in an
administrative hearing within 120 days, unless you or the respondent want the
case to be heard in Federal district court. Either way, there is no cost to you.
The Administrative Hearing:
If your case goes to an administrative hearing HUD attorneys will litigate the case
on your behalf. You may intervene in the case and be represented by your own
attorney if you wish. An Administrative Law Judge (ALA) will consider evidence
from you and the respondent. If the ALA decides that discrimination occurred, the
respondent can be ordered:
. To compensate you for actual damages, including humiliation, pain and
suffering.
. To provide injunctive or other equitable relief, for example, to make the
housing available to you.
. To pay the Federal Government a civil penalty to vindicate the public
interest. The maximum penalties are $10,000 for a first violation and
$50,000 for a third violation within seven years.
. To pay reasonable attorney's fees and costs.
Federal District Court
If you or the respondent choose to have your case decided in Federal District
Court, the Attorney General will file a suit and litigate it on your behalf. Like the
ALA, the District Court can order relief, and award actual damages, attorney's fees
and costs. In addition, the court can award punitive damages.
In Addition
You May File Suit: You may file suit, at your expense, in Federal District Court or
State Court within two years of an alleged violation. If you cannot afford an
attorney, the Court may appoint one for you. You may bring suit even after filing a
complaint, if you have not signed a conciliation agreement and an Administrative
Law Judge has not started a hearing. A court may award actual and punitive
damages and attorney's fees and costs.
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Other Tools to Combat Housing Discrimination:
If there is noncompliance with the order of an Administrative Law Judge, HUD may
seek temporary relief, enforcement of the order or a restraining order in a United
States Court of Appeals.
The Attorney General may file a suit in a Federal District Court if there is
reasonable cause to believe a pattern or practice of housing discrimination is
occurring.
For Further Information:
The Fair Housing Act and HUD's regulations contain more detail and technical
information. If you need a copy of the law or regulations, contact the HUD Office
nearest you.
Content current as of 15 October 2009
U.S. Department of Housing and Urban Development
451 7th Street, S.W., Washington, DC 20410
Telephone: (202) 708-1112 Find the address of a HWD office near you
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