HomeMy WebLinkAbout35. Fair Housing OrdinanceCITY HALL
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TO: Honorable M�yor and Members of the Common Councii
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FROM: David Pras�a�, Assistant City Attorney
DATE: August 20, 2015
RE: Fair Housing Ordinance
In preparation for the discussion item at the rext Council meeting regarding potential
amendments to the City's Fair Housing ordinance, staff has reviewed the federal
statutes, state law, local municipal code and the City's current practices. In addition to
potential revisions to the City ordinance to address additional protected classes, other
changes may be necessary because the City's ordinance has not been reviewed or
updated for some time and the City's practices have changed to the extent that the
ordinance does not reflect current practice in regard to Fair Housing complaints. A
primary change in practice is that the City has budgeted through its CDBG program for
many years for a fair housing entity to handie fair housing complaints, investigations
and even enforcement actions for the City of Oshkosh. Because the issue of revising
the ordinance has become more complex, staff would like to review the various current
laws and current practices with the council and seek some consensus on direction prior
to proposing specific changes to the City ordinance.
Attached to this memorandum is a summary of the various protected classes under
current federal, state and city regulations. In addition, there are individual summaries of
the federal statutes, state statutes and city ordinances and a copy of the current
agreement between the City and the Metropolitan Milwaukee Fair Housing Council, the
entity that currently investigates and handles fair housing discrimination complaints for
±he City.
Title VIII of the Civil Rights Act of 1968 established the Fair Housing Act at the federal
level. Congress passed the Fair Housing Act as a follow-up to the Civil Rights Act of
1964 and in the wake of the assassination of Rev. Dr. Martin Luther King, Jr. Congress
made significant amendments to the law in 1988 (to strengthen enforcement capabilities
and to prohibit discrimination on the basis of disability or familial status) and in 1995 (to
exempt certain senior housing communities from its provisions). The law prohibits a
broad range of practices that discriminate against individuals on the basis of color,
disability, familial status, national origin, race, religion, or sex to ensure that ail
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individuals have equal access to housing opportunities. It applies to most forms of
housing with limited exceptions. The U. S. Department of Housing and Urban
Development (HUD) and the U. S. Department of Justice (DOJ) are authorized and
directed to enforce the Fair Housing Law, although there are provisions in the law
pertaining to the use of certified agencies for enforcement. The Fair Housing Law also
requires HUD to administer its programs and activities in a manner that affirmatively
furthers fair housing. To that end, HUD requires certain grant recipients to affirmatively
further fair housing through analysis of the barriers to fair housing and identifying and
taking steps to overcome them.
State law in many ways is similar to the federal law, although the State of Wisconsin
has identified a broader category of classes of persons who are protected under State
law as shown on the attached chart.
The City's ordinance contemplates use of a Fair Housing Commission and has a more
limited list of categories of persons than State law. Because the City's ordinance was
created to comply with CDBG requirements, the City had moved to use of a separately
funded entity, initially a State Fair Housing Council, now the Metropolitan Miiwaukee
Fair Housing Council to handle Fair Housing Complaints. This process has been cost
effective and has apparently worked well, however, staff has some concern over the
nearly complete autonomy with which this group currently appears to be operating,
ostensibly in the City's name, and the fact that this process is not reflected in the City's
ordinances. Staff would recommend review of this process and potential revision of the
ordinance to reflect the current practice or current practice as amended by the review.
In addition to the revision of the process of the ordinance, staff would seek direction
from the Council regarding any revisions that the Council would like to see with regard
to the definition of proiected classes under the ardinance.
PROTEC7ED DESCRIPTION CITY STATE FEDERAL
CLASSES
Race Generally, a member of a group united or
classified together based on a common history, X X X
nationality or geography
Color The color of a person's skin X X X
Family Status A household with minor chiidren. A person
who is pregnant or seeking custody of a child, X X X
or is planning adoption or guardianship is
included.
Disability Having a physical or mental impairment that
(handicap under substantially limits one or more major life X X X
City ordinances) activities, or having a record of, or being
perceived as having a disability
Sex Being male or female. X X X
National Origin Generally, a member of a nation by birth or
naturalization or having common origins or X X X
traditions
Religion Sincerely held religious, moral or ethical beliefs X X X
and practices
Marital Status The status of being married, widowed, single, X
divorced or separated
Ancestry The Country, nation or tribe of the identifiable X X
group from which a person descends
Source of Income The lawful source of a person's income,
including wages, a voucher having monetary X
value, social security, public assistance or other
related payments
Sexual Having a preference for heterosexuality,
Orientation homosexuality, or bisexuality or having a history X
of being so identified.
Age Being at least 18 years of age. X
Status as Victim
of Domestic X
Abuse, Sexual
Abuse or Stalking
Oshkosh Fair Housing Code—
What is prohibited?
• Discrimination in real property transactions
• Discrimination in lending money for purchase or improvement of property
• Discrimination in refusing to furnish services
• To coerce, intimidate, threaten, or interfere with any person in the exercise of any right
protected
• Refusal to permit a handicapped tenant to make reasonable modifications to premises
• Indicating an intent to violate the ordinance in a public communication
when such refusal is based upon race, colorsex, refigion, ancestry, national origin, familial status, or
handicap ofthe person refused.
Exemptions—
• Units of less than 4 families where the owner occupies one of the living quarters
• Discrimination based on familial status as applied to housing for older persons
Commission — authority and responsibility to
• Adopt rules for its meetings and hearings
• to receive and investigate complaints
• promote settlement agreements
• hold hearings
• recommend enforcement measures to City Attorney
• recommend legislation to Council
Enforcement Procedures
• Complaint filed with City Clerk
• Notice to person complained of
• Investigation
• Conciliation / Settlement may be undertaken
• Hearing
• Determination of whether there is probable cause to believe that discrimination occurred
• If probable cause is found, then a recommendation to the City Attorney to commence
prosecution
DIVISION 2. FAIR HOUSING
SECTION 16-3 DEFINITIONS
(A) "Commission" shail mean the Oshkosh Commission on Equal Opportunities in Housing and
"Commissioner" shall mean a member thereof.
(B) "Complainant" shall mean any person who files a complaint with the Commission pursuant to this
Division.
(C) "Dwelling" shall mean any building, structure, or portion thereof which is occupied as, or designated
or intended for occupancy as, a residence by one or more families, and any vacant land which is
offered for sale or lease by the construction or location thereon of any such building, structure, or
portion thereof.
(D) "Familial status" shall mean one or more individuals who have not reached the age of 18 living with
a parent or another person having legal custody of such individual or individuals, orthe designee of
such parent or other person having such custody with the written permission of such parent or other
person. This shall also apply to any person who is pregnant or is in the process of securing legal
custody of any individual who is not 18 years of age.
(E) "Handicap" means, with respect to a person, a physical or mental impairment which substantially
limits one or more of such person's major life activities, a record of such impairment, or beiny
regarded as having such impairment.
(F) "Housing" shall include any room, apartment, house, building or trailer or structure any part of which
is used or offered for use for human habitation on a temporary or permanent basis, or land, whether
or not vacant.
(G) "Owner" shall include a person who has any part of the fee interest, including a person who has a
life estate.
(H) "Owner occupied dwelling" shall mean housing in which the ownerthereof maintains his permanent
living quarters.
(p "Persons" shall inciude any individual, partnership, labor or other association, corporation, legal
representative, receiver, trustee, trustee in bankruptcy or other fiduciary, or the lessee, proprietor,
manager, empioyee or any other agent of such person.
(J) "RespondenY' shall mean any person named in any complaint filed, against whom an ailegation of
prohibited discriminatory practice under this Division.
SECTION 16-4 ACTS PROHIBITED BY THIS DIVISiON
(A) It Shall Be a Prohibited Discriminatory Practice for Any Person to:
(1) Discriminate in real property transactions.
Refuse to seli, lease, sublease, rent or in any other manner deny, withhold, or impair the
transfer of title, leasehold or any other interest in any part of any housing, when such refusal
is based upon race, color, sex, religion, ancestry, national origin, familial status, or handicap
of the person refused.
(2) Discriminate in lending money for purchase or improvement of Property.
Refuse to lend money, guaranty any loan, accept any mortgage or in any other manner
make available any funds or resources for the construction, acquisition, purchase,
rehabilitation, repair or maintenance of any housing when such refusal is based upon race,
color, sex, religion, ancestry, national origin, familial status, or handicap of the person
refused; or
(3) Discriminatorily refuse to furnish services.
Refuse to furnish for any housing such facilities or services ordinarily provided pursuant to
legal duty, when such refusal is based upon race, color, sex, religion, ancestry, national
origin, familial status, or handicap of the person refused.
(4) To coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of,
or on account of having exercised or enjoyed, or on account of having aided or encouraged
any other person in the exercise or enjoyment of any right protected by this Division.
(5) For an owner of residential rental property to refuse to permit a handicapped tenantto make
reasonable modification, at the tenanYs own expense, of the premises if the proposed
modifications are necessary for the full use of the premises by the tenant.
(B) Public Communication Indicatinq Intent to Violate Paraqraph (A) Above Prohibited
It shall be prohibited discriminatory practice of any person to print, publish, circulate, issue, display,
post, mail or communicate in any other way any announcement, statement, advertisement,
publication or sign, the import of which indicates a decision or purpose to do any act prohibited
under Section (A).
(C) Riqhts of Owner
(1) Nothing in this Division shall be deemed to prohibit an owner or the agent from requiring that
any person who seeks to buy, rent or lease any housing supply information concerning
family, marital, financial and business status.
(2) Nothing in this Division shall be deemed to prohibit an owner or the agent from refusing to
sell, rent or lease any housing to any person on the basis of treatment of any property
formeriy occupied by the person or on the basis of the person's record in paying rent or other
obligations when due.
(3) When it is reasonable to do so, permission granted by an owner to permit a handicapped
tenant, at the tenanYs expense, to make reasonable modifications to a premises may be
conditioned upon the renter or lessee agreeing to restore the premises to the condition that
existed prior to the modification, reasonable wear and tear excepted.
SECTION 16-5 EXEMPTIONS
(A) No prohibition in this Division shall apply to an offer or advertisement to lease or rent, or to the lease
or rental of, rooms or units in dwellings containing living quarters occupied or intended to be
occupied by no more than four families living independently of each otherwhere the owner occupies
one of the living quarters.
(B) The prohibition in this division against discrimination based on familial status does not apply to
housing for older persons.
(1)
(2)
SECTION 16-6
SECTION 16-7
As used in this subdivision, "housing for older persons" means housing:
(a)
(b)
(c)
Provided under any State or Federal program that is specifically designed and
operated to assist elderly persons (as defined in the state or federal program); or
Intended for, and solely occupied by, persons 62 years of age or older; or
Intended and operated for occupancy by at least one person 55 years of age or oider
per unit. Housing for older persons under this paragraph shall contain at least the
foliowing factors:
(I) Significant facilities and services specifically designed to meet the physical or
social needs of older persons, or if the provision of such facilities and
services is not practicable, the provider may demonstrate that such housing
is necessary to provide important housing opportunities for older persons;
and
([I) At least 80 percent of the units are occupied by at least one person 55 years
of age or older per unit; and
(Ill) The publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons 55 years of age or older.
Housing shall not fail to meet the requirements for housing for older persons by reasons of:
(a) Persons residing in such housing as of the date of enactment of this Ordinance who
do not meet the age requirements of subparagraph (b) or (c) above, provided that
new occupants of such housing meet the age requirements of subparagraph (c)
above.
(b)
Unoccupied units, provided that such units are reserved for occupancy by persons
who meet the age requirements of subparagraph (c) above.
REPEALED
POWERS AND DUTIES OF COMMISSION
The Commission on Equal Opportunity in Housing shall have the following powers and duties:
(A)
iB)
(C)
Adopt Rules
To adopt, amend, publish and rescind rules for governing its meetings and hearings; and for
implementation of this Division.
Receive and Investiqate Complaints
To receive and authorize staff investigation of all complaints aileging any discriminatory practice
prohibited by this Division.
Promote Settlement Aqreements
The Commission shall seek a settlement agreeable to both the complainant and the respondent by
means of informai conferences.
(D) Hearinqs
To hold hearings, if necessary, after efforts at settlement based on complaints made against any
person, to administer oaths and take testimony, to compei the production of books, papers and
other documents relating to any matter involved in the complaint, and to subpoena witnesses and
compel their attendance.
(E) Recommend Enforcement Measures
To make recommendations for enforcement of this Division to the City Attorney.
(F) Recommend Leqislation to Council
To recommend to the City Council any legislation necessary to promote further the purposes of this
Division and to file annual written reports of its work with the City Council.
SECTION 16-8 ENFORCEMENT PROCEDURES
(A) Comqlaint
Any complaint alleging any discriminatory practices prohibited by this Division shall be reduced to
writing and verified by the complainant. Such complaints may be initiated by any person having
personal knowledge of the facts constituting the alleged discriminatory practice. All complaints shali
contain the following:
(1) The name and address of the complainant, and of the person allegedly discriminated
against, if different.
(2) The name and address of the respondent or respondents.
(3) A statement setting forth the facts constituting the alleged discriminatory practice, and
(4) The date or dates of the alleged discriminatory practice.
(B) Where Filed
Complaints shail be filed with the City Clerk who shall transmit the same to the Commission
Chairperson and Secretary.
(C) When Filed
Compiaints alleging any discriminatory practice prohibited by this Division shall be filed no laterthan
1 year from the termination or occurrence of an alleged discriminatory practice.
(D) Notice to Respondent
The Commission shall provide a copy of the complaint to the respondent within ten (10) days of said
filing. The respondent shall have ten (10) days after receipt of the complaint to file a response with
the Commission.
(E) Amendment and Withdrawal
A compiaint may be amended or withdrawn by the complainant at any time with and subject to the
approval of the Commission or its designated agent and under such terms as the agent shall direct.
(F) Investiqation Conciliation and Hearinqs
(1) The Chairperson shall direct the Secretary, or the Secretary's designee, to promptly
investigate all duly filed compiaints. Within thirty (30) days of such filing, the Secretary orthe
Secretary's designee shall file a report of said investigation with the Commission.
(2) Conciliation may be undertaken by the Secretary or the Secretary's designee who shall file a
report of said conciliation with the Commission. The action authorized by subs2ction (3)
below may be delayed, on order of the Chairperson, pending a report of such conciliation
which shall be filed within sixty (60) days of appointment of the conciliator.
(3) Upon filing the report of the investigation and/or conciliation, and within seventy (70) days of
filing of the complaint, the Commission shali by majority vote of the members present and
voting, make a preliminary determination whether there is probable cause to believe that
discrimination did occur. If there is no finding of probabie cause, the case wili be closed and
the claimant and respondent promptiy notified.
(4) If the Commission determines probable cause exists to believe discrimination occurred, then
the Commission shall conduct a hearing to determine facts upon which to base a
recommendation for prosecution to the CityAttorney. Said hearing shall be conducted within
eight-five (85) days of filing the complaint. The complainant and respondent may but need
not be represented at said hearing by an attorney. The Commission may subpoena
witnesses and compel testimony.
(5) At the conclusion of the hearing, the Commission shali by majority vote of those members
present and voting, make a final determination whether there is probable cause to believe
that discrimination did occur. If there is no finding of probable cause, the case will be ciosed
and the claimant and respondent promptly notified. If there is a finding of probable cause,
the Commission shall promptly notify the claimant and respondent of the finding and no later
than one hundred (100) days of filing the complaint, recommend to the City Attorney that
prosecution be commenced.
(6) No Commissioner who has filed a complaint on the Commissioner's own initiative or who
has a material or personal interest in a complaint, shall participate in any subsequent
hearing or proceeding except as a witness, nor shall said Commissioner participate in the
deliberation of the Commission in such case.
(7) If any person fails to attend such hearing or to testify when subpoenaed, the Commission
may refer such refusal to the City Attorney who shall seek judicial enforcement of such
subpoena.
SECTION 16-9 LIBERAL CONSTRUCTION; SEVERABfLITY
(A) The provisions of this division shall be liberally construed in order to promote the purposes and
provisions contained herein.
(1) It is the intention of the City Council that this be interpreted consistently with Title Vll l of the
Civil Rights act of 1968 (42 USC Sec. 3601-3619) as amended, and with regulations
applicable thereto (24 CAR Parts 14, 100, 103, 110, 115 and 121) except where the
language of this subsection clearly requires a different interpretation.
(B) The provisions of this Division are severable and if any provision, sentence, clause, section or part
thereof is held illegal, invalid, unconstitutional or inappiicable to any person or circumstance, such
illegality invalidity, unconstitutionally or inapplicability shall not affect or impair any of the remaining
provisions, sentences, clauses, Sections or parts of the Division or their application to other person
or circumstances. It is hereby declared to be the legislative intent that this Division would have been
adopted if such illegal, invalid, unconstitutionai or inapplicabie provision, sentence, clause, Section
or part thereof had not been included therein, and if the person or circumstances to which the
Division or any part thereof is inapplicable had been specifically exempted therefrom.
State of Wisconsin
Department of Workforce Development
Equal Rights Division
Wisconsin's Fair Housing Law
& Complaint Process
'uVisconsin Statutes Section 106.50
Fair Housing Law
The Wisconsin Fair Housing Law protects the rights of people in the rental or purchase of housing.
• It is unlawful to discriminate against a person in housing, even in part, 6ecause of that person's protected class.
The protected classes are shown on the chart on the following page.
• Essentia➢y, all h ousing is covered under the law except when a person is seeking a roommate to share a
dwelling.
What Are Examples Of Discrimination?
• Refusing to rent or negotiate with someone for the rental or sale of a dwelling.
• Failing to renew a lease or lying about the availability of a dwelling.
• Applying different terms or rental conditlons.
• Providing differentrental privileges or services.
• Not allowing a person with a disability to make reasonable modifications to the unit.
• Applying different rental or mortgage application standards or fees.
• Failing to build accessible multi-family housing.
• Harassing or interfering with a person's quiet enjoyment of a dwelling.
• Steering persons to certain units or buildings within an apartment complex.
Are There Exceptions Under The Law?
Yes, there are circumstances when discrimination may be legal. A few examples are:
A family with "too many° people may be turned away, if a reasonable government requirement limits the
number of occupants for the dwelling unit
Housing primarily intended and operated for older persons may, under certain conditions, be restricted to
persons over a certain age.
Housing may be denied to a person who poses a direct threat to the safety of others or whose tenancy would
result in substantial physical damage to property, provided the risk can't be sufficiently reduced by a
reasonable accommodation.
Can A Fair Housing Council Help?
Yes, if a Fair Housing Council serves your area it can help you understand your rights under the law and outline a
variety ofways to pursue a complaint Fair Housing Councils may also be able to conduct invesfigations using
"testing," which is a method of investigating complaints that compares treatment of various home seekers to
determine whether differences in treatment are occurring. Testing may later be used as evidence in administrative
or judicial actions. A Fair Housing Counci] may also be able to refer you to an attorney experienced in fair housing
matters. To determine if a Fair Housing Council serves your area of the state, contact the Metropolitan Milwaukee
Fair Housing Council at (414) 278-1240.
How Is A Complaint Filed Under Wisconsin Law?
A person alleging discrimination may file a complaint within 1 year of the discriminatory action.
• A complaint form with instructions is available from the Equal Rights Division. Please see the last page of this
document for the addresses and telephone numbers.
• Usually, settlement possibilities will be explored before an investigation begins. Many housing complaints are
resolved by compromise, which is usually a good option for both parties.
• If the investigation finds probable cause to believe that discrimination may have occurred, the Equal Rights
Division will issue a CHARGE of discrimination, along with the investigator's determination. Either parry may
elect to have the charge decided in a CIV[L ACITON filed by the complainant in Circuit Court.
ERD-9523-P (R 11/2012j
If a civil action is not chosen, the complainant will be decided after a hearing held by an Administrative Law Judge
of the Equal Rights Division. Note that the Equal Rights Division does not provide legal representation for either
party.
If no probable cause is found at the investigation, the case will be dismissed. The dismissal will become fina]
unless the Equal Rights Division receives a written appeal letter within 20 days of the determination.
PROTECTED A15O
CLASSES DESCRIPTION feee al�law
Race Generally, a member of a group united or classified together X
based on a common history, nationality or geography.
Color The color of a person's skin. �'
A household with minor children. A person who is pregnant
Family Status or seeking custody of a child, or is planning adoption or �
guardianship is included.
Having a physical or mental impairment that substantially
Disability limits one or more major life activities, or having a record of, %
or being perceived as having a disability.
Sex Being male or female. �y
Nationa] Origin Generally, a member of a nation by birth or naturalization or �
having common origins or traditions.
Religion Sincerely held religious, moral or ethical beliefs and X
practices.
Marital Status The status of being married, widowed, single, divorced, or
separated.
Ancestry The country, nation or tribe of the identifiable group from
which a person descends.
The lawful source of a person's income, including wages, a
Source of Income voucher having monetary value, social security, public
assistance or other related payments.
Sexual Orientation Having a preference for heterosexuality, homosexuality, or
bisexuality or having a history of being so identified.
Age Being at least 18 years of age.
Status as a Victim of Domestic Abuse, Sexual Abuse or Stalking.
What Remedies Are Available Under The Law?
Reliefvaries with the circumstances of each case. Generally, persons who prove they were victims of
discrimination may receive:
• Out of pocket losses and interest
• Attorney fees and costs
• Compensatory damages for losses or injury
• Punitive damages if filed in court
• Injunctive relief
Other remedies or fines may aiso be ordered. The U.S. Fair Housing Act provides remedies similar to those
available under Wisconsin Law.
Federal or Local Fair Housing Laws
F'ederal laws and loca] ordinances differ from state laws and, in some cases, provide greater protection to home
seekers. Title VIII of the Civil Rights Act of 1968 is the primary federal fair housing law. To file a federal fair
housing complaint or for addition information contact:
The U.S. Deparrinent of Housing and Urban Development
77 West Jackson Boulevard, Room 2101
Chicago, IL 60604-3507
1(800) 765-9372
TTY 1(800) 927-9275
To file electronica�ly: www.hud.Eov
Housing Discrimination Is Illegal!
Ifyou believe that you have been treated unfairly in the rental or purchase of housing because of:
Race
Source of Incame
Sex
National Origin
Family Status
Disability
Marital Status
Color
Status as a Victim of Domestic Abuse, Sexual Abuse, or Stalking
Sexual Orientation
Ancestry
Religion
Age
If you would like more information about the law and your rights, contact one of the offices shown below:
State of Wisconsin
Department of Workforce Development
Equal Rights Division
201 E WASHINGTON AVE - ROOM A100 819 N bth ST
PO BOX 8928 ROOM 723
MADISON WI 53708
Telephone: (608) 266-6860
TTY: (608) 264-8752
MILWAUKEE WI 53203
Telephone: (414) 227-4384
TTY: (414)227-4081
Web Site: http�/dwd.wisconsin.a_ov er
DWD is an equal opportunity employer and service provider. Ifyou need assistance to access services or need material in an
alternate format, pfease contact us.
HUD > Program Offiices > Fair Housing > Fair Housing Laws and Presidential
Executive Orders > Fair Housing -- It's Your Right
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Learn about the Fair Housing Act
The Fair Housing Act protects people from discrimination when they are renting, buying, or
securing financing for any housing. The prohibitions specifically cover discrimination because of
race, color, national origin, religion, sex, disability and the presence of children, Learn more
1.) Get basic facts about ihe Fair Housing Act
1.) What Housing is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-
occupied buildings with no more than iour 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.
2.) What Is Prohibited?
In the Sale and Rentai 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 multipfe 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):
. 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.
3.) Additionai Protection if You Nave 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 iliness, 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 currentiy uses illegal drugs.
4.) 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:
. Public and common areas must be accessible to persons with disabilities
. Doors and hallways must be wide enough for wheelchairs
. All units must have:
� An accessible route into and through the unit
o Accessible light switches, electrical outlets, thermostats and other environmental
controls
� 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.
5.) 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.
AGREEMENT
THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as
"CITY", and the Metropolitan Milwaukee Fair Housing Council, 600 East Mason Street, Suite 401, Miiwaukee,
Wisconsin 53202 and the Fair Housing Center of Northeast Wisconsin (locai sateliite office of the Metropolitan
Milwaukee Fair Housing Council), 4650 West Spencer Street, Suite 20, Appleton, Wisconsin 54914, a
Wisconsin non-profit corporatlon, herein referred to as "SUBRECIPIENT".
GENERAL DESCRIPTION
A. The City has received funding from the U.S. Department of Housing and Urban Development (HUD)
under the Title I Community Development Biock Grant (CDBG) Program, to undertake projects and
activities as indicated in the City's Final Statement of Community Development Objectives and
Projected Use of Funds. The activity set forth in this AgreemenYs Scope of Services is one of the
said activities and it is the responsibility of the subrecipient to carry out the activities in compliance
with this Agreement and other applicable regulations referred to herein.
B. Funding under this Agreement shall be paid with 2015 Community Development Block Grant
(CDBG) funds. Should the City not receive said funds, this Agreement shall be null and void. li
a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V(A) of
this Agreement will be reduced by the same percentage that is rescinded from the City's 2015
CDBG Program by Congress or HUD, or as determined by the City in accordance with
applicable HUD regulations.
SCOPE OF SERVICES
A. The subrecipient shall:
(1) Make its complaint intake and investigative services available to persons who believe
that they have experienced illegal discrimination. Staff will advise such persons on the
provision of fair housing law and availabie sources of remedy. As appropriate, staff will
make referrals to an attorney and/or administrative agencies.
(2) Provide referral services for clients who have non-fair housing inquiries.
(3) Make available, on a case-by-case basis, reasonable technical assistance (as
determined by subrecipient) to the City and Oshkosh residents, including housing
providers and social service agencies that conduct business in the Oshkosh.
(4) Regularly distribute fair housing educational materials to approximately six public
agencies, social service agencies, homeless shelters, and community-based
organizations that serve the city of Oshkosh.
(5) Conduct one fair housing training seminar for owners and managers of rental property in
Oshkosh.
(6) Have staff in the local office (Fair Housing Center of Northeast Wisconsin) participate in
approximately six local interagency meetings.
(7) Place listings in the Oshkosh telephone book for the FHCNW telephone number and the
MMFHC toil-free complaint intake telephone number.
(8) Provide a summary of fair housing cases referred to state or federal agencies.
(9) Provide a summary of fair housing cases settied by state or federal agencies.
W!
B. Said services shall commence on or about Mav 1. 2015 and shall be completed bv April 30. 2016.
C. The subrecipient certifies that the activities carried out with the funds provided underthis Agreement
will meet one or more of the CDBG program's National Objectives: 1) benefit to low and moderate
income (LMI) persons; 2) aid in the prevention or elimination of slums or blight; and 3) meet a need
having a particular urgency (as defined in 24 CFR Part 570.208).
REPORTING REQUIREMENTS/RECORDS
A. The subrecipient shall provide quarterly reports to the City by the end of the month following the last
day of the quarter with reports due byAuqust 31 2015 November 30 2015 Februarv 28, 2016. and
Mav 31, 2016. Additionally, the final report shall include both the last quarter as well as a yearly
summary of activities along with accomplishments. A template for the reporting will be provided to
the subrecipient and shall include, at a minimum, the following information:
(1)
(2)
(3)
�4)
(5)
(6)
i�)
i8)
�9)
(10)
Amount of CDBG funds expended per budget and additional funds leveraged for program
Type and amount of services provided
Number of clients and percent of clients from Oshkosh
Number of low/moderate income persons assisted
Number of very low income persons assisted
Number of extremely low income persons
Number of persons assisted based on one of the following 10 race categories: White,
Biack/African American, Asian, American Indian/Alaskan Native, Native Hawaiian/Other
Pacific Islander, American Indian/Alaskan Native & White, Asian & White, Black/African
American & White, American Indian/Alaskan Native & Black/African American, or Other
Number of Hispanic persons assisted per each of the above 10 race categories
Number of female headed households assisted
Progress towards program goals (outcome statement)
Records necessary to substantiate these reports shall be kept on file at the subrecipienYs offce and
shall include all documents, computer records and reports associated with this agreement.
B. Maintain a separate financial account for CDBG funds which shows all receipts, including program
income, and disbursements. All disbursements shall have documentation that substantiates that
costs incurred and paid from the CDBG account are reasonable, allowable, and allocable per
applicable Federal cost principles. Program income, as defined at 24 CFR 570.500 (a), shall be
reported to the City quarterly. The subrecipient may use program income for activities specified in
this agreement, but shall reduce subsequent requests for funds underthis agreement by the amount
of the program income received. Any program unused program income shall be returned to the City
at the end of the agreement period.
C.
0
Provide the City with a copy of an agency audit, conducted in accordance with 2 CFR Part 200, as
applicable, for any fiscal year CDBG funds were received under this Agreement.
All records required underthis Agreement shall be retained forfour (4) years after completion ofthe
project, or after all pending matters relative to this Agreement are closed.
E. The subrecipient agrees to provide access to the City, HUD, the Comptroller General of the United
States, or any of their duly authorized representetives to any books, documents, papers and records
which are directly pertinent to this Agreement for the purposes of making audit, examination,
excerpts and transcriptions.
2015 City of Oshkosh Community Development Block Grant 2 MMFHC
IV. STANDARD PROVISIONS
A. The subrecipient agrees in all hiring or employment made possible by or resulting from this
Agreement, there (1) will not be any discrimination against any employee or applicant for
employment because of race, color, sex orientation, religion, sex or national origin; and (2)
affirmative action will be taken to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, religion, sex orientation, sex or
national origin.
This requirement shall apply to, but not be limited to the foliowing: employment, upgrading, demotion
ortransfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. There shall be posted, in
conspicuous places available to employees and applicants for employment, notices required or to be
provided by Federal or State agencies involved setting forth the provisions of the clause. All
solicitations or advertisements for employees shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex orientation, sex or national
origin.
The subrecipient will make a good faith effort to use minority and women-owned businesses in
procurement of supplies, and upon request of the City, must provide satisfactory evidence of such
effort. Additionally, the subrecipient agrees to provide the City with the name(s) and contract
amount(s) of all minority and women-owned businesses awarded contracts on the project.
C. If the proceeds used under this Agreement result in book or other copyrightable materials, the
author is free to copyright the work, but the appropriate Federal agency involved reserves a royalty-
free non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use all copyrighted material and all materials which can be copyrighted.
D. Any discovery or invention arising out of or developed in the course ofwork aided bythisAgreement
shall be promptly and fully reported to the appropriate Federal agency involved for determination by
it as to whether patent protection on such invention or discovery shall be sought and how the rights
in the invention or discovery, including rights under any patent issued thereupon, shall be disposed
of and administered, in order to protect the public interest.
E. The subrecipient agrees to comply with all applicable standards, orders, or requirements issued
under:
i. Clean Air Act, 42 U.S.C., 7401 et seq.
2. Federal Water Poilution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 14 and Section 308, and all regulations and
guidelines issued there under.
s. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as
amended.
F. The subrecipient agrees to comply with mandatory standards and policies relating to energy
efficiency, which are contained in the State Energy Conservation Plan.
G. No officer, employee or agent of the City who exercises any functions or responsibilities in the
review or approval, or the carrying out of responsibilities, to which this Agreement pertains, shall
have any personal interest, direct or indirect, in this Agreement.
H. Incorporated by reference herein ar2 OMB Circulars A-21, A-122 or A-133 as applicable, and 2
CFR Part 200.
2015 City of Oshkosh Community Development Block Grant 3 MMFHC
V. PAYMENT FOR SERVICES
A. Contract Amount
The subrecipient shall perform all work underthis Agreement for an amount to be determined by the
City per (I) (B) of this Agreement, but not to exceed TWELVE THOUSAND FIVE HUNDRED
DOLLARS ($12,500).
B. Method Of Pavment
Funds will be released quarterly upon receipt of proper invoice verifying eligible expenses actually
incurred by the subrecipient, and approved by the City.
VI. SUSPENSION AND TERMINATION
A. When the subrecipient has failed to comply with the terms, conditions or standards of this
Agreement or applicable HUD regulations, the City may, on reasonable notice to the subrecipient,
suspend the Agreement and withhold further payments or prohibit the subrecipient from incurring
additional obligations of funds, pending corrective action by subrecipient, or a decision to terminate
in accordance with paragraph B below.
B. This Agreement may be terminated for cause or convenience.
(1) TERMINATION FOR CAUSE: The City may terminate this Agreement in whole or in part at
any time before the date of completion, whenever it is determined that the subrecipient has failed to
comply with the conditions of this Agreement. The City shall promptly notify the subrecipient in
writing of the determination and the reasons for the termination, together with the effective date.
Payments made to the subrecipient or recoveries by the City in the event this Agreement is
terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. In the
event there is probable cause to believe the subrecipient is in noncompliance with any applicable
rules or regulations, the City may withhoid up to fifteen (15) percent of funds subject to this
agreement until such time the subrecipient is found to be in compliance by the City, or otherwise
adjudicated to be in compliance.
(2) TERMINATION FOR CONVENIENCE: This Agreement may be terminated in whole or in
part when all parties agree that the continuation of the project would not produce beneficial results
commensurate with the further expenditures of funds. The parties shall agree upon the effective
date and in the case of partial terminations, the portion to be terminated. The subrecipient shall not
incur new obligations for the terminated portion after the effective date, and shall cancel as many
outstanding obligations as possible. The City shall allow full credit to the subrecipient for any
noncancellable obligations properly incurred by the subrecipient prior to termination.
(3) The parties shall promptly settle the terminated grant and execute a written amendment
upon settlement, which sets forth the terms and conditions of the settlement Agreement.
VII. REVERSION OF ASSETS
The subrecipient agrees to transfer back to the City any CDBG funds and accounts receivable attributable
to the use of CDBG funds on hand at time of expiration of this Agreement. The subrecipient further agrees
that any real property under the subrecipienYs control that was acquired or improved in whole or in part with
CDBG funds in excess of $25,000 is either:
A. Used to meet one of the national objectives in CFR 570.208 until five years after expiration of this
Agreement, or such longer period of time as determined appropriate by the City; or
2015 City of Oshkosh Community Development Block Grant 4 MMFHC
VIII
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B. Is disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property less any portion thereof attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property. Such reimbursement is not required after
the period of time specified in accordance with A above.
AMENDMENTS
This Agreement may be amended at any time by a written modification mutually agreeable to both parties
hereto.
INDEMNIFICATION
The subrecipient agrees to and does hereby hold the City harmless and does hereby indemnify the City
against any claims or demands of any person or legal entity arising by reason of this Agreement.
This Agreement is made this _ day of , 2014, and is specifically binding upon the parties
hereto.
METROPOLITAN MILWAUKEE FAfR
HOUSING COUNCIL
WILLIAM R. TISDALE
PRESIDENT AND CEO
CITY OF OSHKOSH
MARK ROHLOFF
CITY MANAGER
PAMELA R. UBRIG
CITY CLERK
APPROVED AS TO FUNDING AVAILABILITY:
TRENA LARSEN
FINANCE DIRECTOR
APPROVED AS TO FORM:
ATTORNEY
2015 City of Oshkosh Community Development Block Grant 5 MMFHC