Human Rights HUD FundsMEMORANDUM
September 27, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Proposal for HUD Contract Funds
The Human Rights Commission and Human Rights Director Kelly Larson, consistent
with the September 17 City Council approval, are recommending application for U.S.
Housing and Urban Development Contract Funds in the four optional categories.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kelly Larson, Human Rights Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 19, 2001
TO: Michael Van Milligen, City Manager
FROM: Kelly Larson, Human Rights Director
SUBJECT: Proposal for HUD Contract Funds
At the Coundl meeting on September 17, the City Council approved the
Commission's recommendation that we apply for HUD contract funds in the
following categories: 1) $11,000 for testing, 2) $20,000 for enforcement projects,
3) $5,000 for novel and complex cases, and 4) $5,000 for outreach and
education. In order to apply for these funds, I must submit project proposals to
HUD by October 10, 2001.
Attached please find the necessary proposals for City Council approval. Please
note that the proposal for novel and complex cases references a current
complaint for details. I have not attached the complaint hereto, due to its
confidential nature.
PARTNERSHIP INITIATIVE:
TESTING PROPOSAL
Goal:
To reduce housing discrimination against people of various races, families with
children, and people with disabilities through the use of testing.
Obiectives:
To measure the amount of housing discrimination against people of vadous
races, families with children, and people with disabilities that is occurring in the
region.
To educate housing providers about practices they are engaged in that might be
considered discriminatory and provide them with tools to avoid those practices in
the future.
To educate the community about the nature and extent of housing discrimination
present in the region.
Statement of Proiect:
The Dubuque Human Rights Commission is requesting $11,000 to contribute
toward a regional testing project. The project will concentrate on testing in each
community where a participating FHAP is located.
Each participating FHAP agency will contribute $11,000 to the initiative.
The initiative will be carried out by the Regional Executive Council for Civil Rights
and the John Marshall Fair Housing Legal Support Center (John Marshall).
Each participating FHAP will contract with RECCR in the amount of $11,000 to
have testing conducted in their community. RECCR will then contract with John
Marshall to perform the testing under the following terms.
The contract with John Marshall will specify that each participating FHAP agency
will solicit testers from their local area. John Marshall will travel to centralized
locations to train the testers. For example, testers for participating FHAP
agendes in Eastern Iowa (i.e., Cedar Rapids, Dubuque, Waterloo) wilt travel to
one of those communities to be trained. John Marshall also will serve as a
consultant in carrying out the tests. As tests are completed, John Marshall will
review the tests for validity. Tests would be conducted in a vadety of areas, with
each participating FHAP agency retaining discretion to determine the types of
tests that are most necessary in their communities. In Dubuque, tests will focus
on family status, race, and disability issues.
Each participating FHAP agency also will retain discretion in utilization of the test
results. Soma agencies may initiate Commission complaints, and others may
use the results for educational purposes. The Dubuque Human Rights
Commission will use the test results as an educational tool for the community
and for the individual housing providers where violations are discovered. Where
testing has revealed possible violations, individual housing providers will be
informed of test results, will receive an explanation regarding why the results are
a potential violation, will receive suggestions to help them avoid violations in the
future, and will be reminded that violations in the future may subject them to
enforcement.
Proposed Budflet per FHAP aRency:
· Materials and Supplies (training materials, forms, mailing and telephone
costs): $300
· Travel - John Marshall to Eastern Iowa to train testers: $700
· Travel - 6 testers to central site for training two-day training: $1,300
· Contracting/consulting costs (John Marshall): $5,000
· Payment to testers: $3,500 (35 tests, two testers per test, $50 per tested
per test)
· Administrative Costs payable to RECCR: $200
Contribution of FHAP agency staff: Staff for each FHAP agency will solicit
individuals who will agree to serve as testers for that FHAP area. Staff will assist
John Marshall in making travel arrangements to train testers. Staff will make
arrangements for testers to travel to the training site. With the assistance of John
Marshall, staff will generate a list of sites to be tested in the local FHAP area.
Staff will dispatch testers dudng the testing period, and will facilitate consultation
between testers and John Marshall.
Proposed Timeline:
· October 10, 2001: Proposal submitted to HUD
· Month 1: Partidpating FHAPS enter into contract with RECCR and
RECCR then enters into contract with John Marshall
· Month 2: participating FHAPs have selected the people to be trained as
testers
· Months 3-6: John Marshall trains testers throughout the region
Months 7-10: testing is performed in participating communities with John
Marshall serving as consultant.
Months 10-12: Follow-up to testing occurs. In Dubuque, the Human
Rights Commission meets individually with housing providers where
potential violations were identified to counsel providers regarding the
nature of the violation and remind providers there may be enforcement if
violations continue.
PARTNERSHIP INITIATIVE:
ENFORCEMENT PROJECT PROPOSAL
Goal:
To reduce housing discrimination against families with children and persons with
disabilities and to increase housing opportunities for these protected class
persons.
Obiectives:
To research whether or not condominium associations comply with fair housing
laws that prohibit discrimination against families with children.
To educate condominium associations about Fair Housing laws regarding
availability of housing to families with children.
To educate housing providers about new construction accessibility requirements
To encourage voluntary compliance with Fair Housing laws, and to file
complaints where condominium associations or housing providers are not in
compliance and refuse to make necessary changes to comply with the laws.
Statement of Proiect:
The Dubuque Human Rights Commission is a member agency of the Regional
Executive Council on Civil Rights (RECCR). Several member agencies propose
a partnership through RECCR to carry out projects with the use of enforcement
funds to address the following concerns.
First, many condominium associations have by-laws and community guidelines
or rules in effect that explidtly state "no children under the age of (16, or 19, etc.)
may reside here." Some were established before the Fair Housing Amendments
Act of 1988 (FHAA) that prohibited discrimination against families with children.
Association officers may incorrectly believe that their association polities remain
legal.
Second, there may have been multi-family dwellings constructed since the FHAA
accessibility guidelines went into effect in 1991 that do not comply with the law.
Both concerns would be addressed by performing a compliance audit.
Both concems will be addressed by implementing compliance audits, which will
consist of a series of letters and accompanying checklists. Sample letters and
checklists will be written initially by one of the partner agencies, the Cedar
Rapids Civil Rights Commission, and shared with the remaining participants.
Condominium associations would be audited by sending letters to all
condominium associations in Dubuque, requesting that they forward copies of
their most recent by-laws for review. If the associations fail to comply with the
request, we will obtain the by-laws from the county recorder and review them.
We will then meet with associations where violations are discovered to educate
them about the law. If they refused to change their by-laws following the
consultation, we would initiate complaints.
Covered multi-family housing built since 1991 would be audited for accessibility
compliance. This effort would involve contacting all owners of buildings built
since the effective date of the accessibility standards and asking them to
complete a survey identifying whether their buildings comply with the applicable
standards. If the owners complete the survey, we will work with them to identify
compliance problems. We will then discuss with them the advantages of entering
into an enforcement agreement with the Department in order to limit the potential
for continuing liability for the violation.
For those owners who refuse to complete the survey, we will contract with an
engineering or architectural firm to visit the buildings and check for accessibility
in common areas. In instances where accessibility issues are identified, we will
pursue enforcement with a commission-initiated complaint.
Proposed Budget per FHAP a.qency:
Materials and Supplies (letters, forms, copying, mailing): $1,580
Contract Costs with Engineering/Architectural Firm: $17,920 ($70 per hour, four
hours per building to review and write report, 64 buildings)
Administrative Costs payable to RECCR: $500
Proposed Timeline:
Month 1: partidpating FHAP agendes enter into contract with RECCR.
Month 2: Cedar Rapids Civil Rights Commission sends sample materials to
participating agencies.
Month 3: partidpating agencies prepare preliminary materials and mail initial
contact letters and checklists to condominium associations and multi-family
housing.
Months 4-5: agencies review responses from condominium associations and
multi-family housing owners, cross-check with county recorder's office, and
identify compliance problems.
Month 6: Agencies enter into contract with architectural or engineering firm to
perform compliance checks on multi-family housing for which checklist was not
returned.
Months 7-11: Contractor conducts compliance checks. Agencies contact
condominium associations and owners of multi-family housing where potential
violations are identified and work with them to correct the violations.
Month 12: agencies file complaints against condominium associations and multi-
family housing owners where non-compliance has been identified and
cooperation in correcting that non-compliance is not forthcoming.
PARTNERSHIP INITIATIVE:
OUTREACH & EDUCATION PROPOSAL
Goal:
To raise awareness of fair housing laws and cultivate an environment where
people of all backgrounds are welcome.
Statement of Project:
Commercials will be run on radio and television to expound that discrimination in
housing on the basis of race, color, religion, creed, age, sex, national origin,
familial status, or disability is illegal in Dubuque. By aggressively marketing the
function and purpose of the Dubuque Human Rights Commission. housing
providers and the public will be informed that discriminatory acts are illegal and
remedies are available.
Last year, the Commission contracted with the John Marshall Fair Housing Legal
Support Center to create fair housing videos. The sedes of videos created deal
with accessibility and reasonable accommodations, familial status, and housing
discrimination in general. The Commission also purchased a compact disc that
contains a vadety of fair housing public service announcements. Finally, the
Commission worked with a local videographer to create a video focused on
welcoming new neighbors from a variety of backgrounds into our community.
The Commission proposes performing two media blitzes with these commercials
- one in December 2001 and a second in April 2002. The commercials will air on
local cable stations, a local television station (KFXB) and a regional television
station that has high Dubuque viewership (KWWL), We also will purchase radio
spots on local radio stations (WDBQ, KLYV, KAT, KGRR, KDTH).
Proposed Budget and Timeline:
Based on past experience, a three-week media blitz across television and
stations at pdme viewing/listening times costs approximately $2,500. For this
cost, we received approximately 200 commercials. We propose using the $5,000
for two blitzes - one in December and a second dudng fair housing month in
Apdl.
PARTNERSHIP INITIATIVE:
NOVEL AND COMPLEX CASE
Goal:
To hire an expert in demography and an expert with experience in fair housing
statistical analysis to aid in the investigation of a disparate impact case.
Statement of Proiect:
The Dubuque Human Rights Commission is requesting $5,000 to aid in the
investigation of a novel and complex case. Currently, the Commission is
investigating a case alleging that a housing provider's policy of not accepting
section 8 rental vouchers has a disparate impact on protected class members
(see attached complaint).
The Commission has not previously been in a position of performing the
statistical analysis necessary for assessing disparate impact in a housing case.
Based on discussions with the John Marshall Fair Housing Legal Support Center
and an expert they have consulted with in the past, we believe that most
professionals charge $200-250 per hour as a consulting expert. However, we
may be able to find an expert in a university setting who will charge a lower rate,
near $100-$125 per hour, particularly because we are a non-profit organization.
Because we are at the investigation stage, we would begin with a basic
consultation session with two experts: 1) a demographer who is familiar with
analyzing census data, and 2) a fair housing expert who has experience in fair
housing statistical analysis. The goal of the consultation will be to determine the
kind of data that must be gathered and the scope of the report that is needed to
determine whether there is disparate impact. We likely will need to seek special
tabulations from the census bureau, at an estimated cost of $200. Because
detailed data from the 2000 long form is not yet available, we will investigate
whether there is a recent American Community Survey available for Dubuque
County that may reveal any significant changes since the 1990 census. We then
would request that the experts provide us with an opinion regarding the statistical
significance of the data available.
Our best estimate on time involved for the experts to gather the data/special
tabulations, review it, and write a report is 40 hours. We believe such time is
sufficient at the investigation stage to determine whether or not there is a
statistical disparity sufficient to justify a finding of probable cause.
Proposed Budget:
Expert Fees: $4,800 (40 hours at $120 per hour)
Census Bureau Special Tabulations: $200