US Department of Housing and Urban Development_Civil Rights Compliance ReviewoQPP'CME N T Ooh,
N
0
71. nl � 44
9 - AN OEV 0"
Honorable Roy D. Buol
Mayor of Dubuque
City Hall
50 West 13 Street
Dubuque, IA 52001
Dear Mayor Buol:
April 8, 2011
SUBJECT: Civil Rights Compliance Review: Title VI and 109
Project Name: City of Dubuque
Project Location: Dubuque, IA
Title VI Review Number: 07- 11- R001 -6
Section 109 Review Number: 07- 11- R001 -9
U.S. Department of Housing and Urban De ve o p ment
Omaha Field Office
Edward Zorinsky Federal Building
1616 Capitol Avenue, Suite 329
Omaha, Nebraska 68102 -4908
The purpose of this letter is to notify you and other Dubuque officials that the
U. S. Department of Housing and Urban Development (HUD) plans to conduct a limited civil
rights compliance review of the City's HUD funded programs, specifically the Section 8 Housing
Choice Voucher Program and the Community Development Block Grant (CDBG) Program.
HUD assisted programs are selected for compliance reviews on the basis of complaints;
population and racial characteristics of the locality; existence, size and nature of the housing
programs; date of last compliance review; funding level; and other available information.
The purpose of the review is to determine whether the City of Dubuque is complying
with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000d -1 and the implementing regulations at 24 C.F.R. Part 1 (Title VI) and Section 109 of
Title I of the Housing and Community Development Act of 1974, 42 U.S.C. § 5309, and the
implementing regulations at 24 C.F.R. Part 6 (Section 109). HUD will also review whether the
City is carrying out its obligation to affirmatively further fair housing (AFFH) pursuant to
Section 104 of Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5304
and the implementing regulations at 24 C.F.R. Part 570. HUD's regulations at 24 C.F.R. §§
1.7(a) and 6.11(b) provide for the periodic review of practices of HUD recipients.
Title VI states that "...no person in the United States shall, on the ground of race, color or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity receiving Federal financial assistance."
1 See also 42 U.S.C. § 12705 and 24 C.F.R. Part 91 (consolidated plan requirements related to AFFH) and 42
U.S.C. § 1437c -1 and 24 C.F.R. Part 903 (AFFH requirements for public housing agencies).
Section 109 states that "...no person in the Unites States shall, on the grounds of race,
color, national origin, religion, or sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity funded in whole or in part
with Federal financial assistance."
Section 104 of Title I of the Housing and Community Development Act of 1974 states
that "...the grant will be conducted and administered in conformity with the Civil Rights Act of
1964 [42 U.S.C. § 2000a et seq.] and the Fair Housing Act [42 U.S.C. § 3601 et seq.], and the
grantee will affirmatively further fair housing...." In addition the regulations for the CDBG
program at 24 C.F.R. § 570.601 provide: "In accordance with the Fair Housing Act, the
Secretary requires that grantees administer all programs and activities related to housing and
community development in a manner to affirmatively further the policies of the Fair Housing
Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving
a grant under subpart D of this part, the certification that the grantee will affirmatively further
fair housing shall specifically require the grantee to assume the responsibility of fair housing
planning by conducting an analysis to identify impediments to fair housing choice within its
jurisdiction, taking appropriate actions to overcome the effects of any impediments identified
through that analysis, and maintaining records reflecting the analysis and actions in this regard."
The onsite visit will begin on June 7, 2011, and will conclude on or about June 10, 2011.
Depending on scheduling and the availability of travel funds, we anticipate that members of
HUD's offices of Fair Housing and Equal Opportunity (FHEO), Public and Indian Housing
(PITH), and Community Planning and Development (CPD) will conduct the review. However,
the anticipated onsite dates are contingent upon approved available travel funds. In the absence
of travel funds, our office will notify you within a reasonable amount of time for alternative
arrangements. Please notify appropriate City employees, including but not limited to Housing
and Community Development Department staff, and sub - recipients of CDBG funds of the
upcoming review so that they will be available to the review team.
The review will cover the City's administration of the Section 8 Housing Choice Voucher
Program and the CDBG Program and will consist of document review and interviews. This
includes the requirements set forth in regulations and handbooks covering marketing of
programs; organization and administration of program waiting lists; applicant selection
methodologies; conduct of the analysis of impediments to fair housing choice; actions taken to
affirmatively further fair housing; recordkeeping; and other program requirements. The review
will cover the time period of January 1, 2009 to the present.
In order to expedite our review, the City will need to provide us with information prior to
our visit and during our on -site review. The requirements for record keeping and reporting for
Title VI and Section 109 compliance purposes are established in HUD's regulations located at 24
C.F.R. §§ 1.6, 6.6 and 6.10. The CDBG program recordkeeping requirements are found at 24
C.F.R. § 570.506 and specific requirements for fair housing and equal opportunity records are at
24 C.F.R. § 570.506(g). Please provide the information requested below by May 17, 2011:
2 Although Section 109 does not directly prohibit discrimination on the basis of disability in Title I programs,
Section 109 directs that the prohibitions against discrimination on the basis of disability under Section 504 apply to
programs or activities funded in whole or in part with Federal financial assistance. Thus, the Section 504
regulations at 24 C.F.R. Part 8 apply in Title I programs. See 24 C.F.R. §§ 6.1 and 6.4(a)(3)(iv)(B).
2
1. Copies of all policies relating to marketing, application and selection of
persons for the Section 8 Housing Choice Voucher Program (Section 8),
including the Section 8 Administrative Plan.
2. Sample application and move -in packages.
3. Current record of Section 8 participants, delineated by race and ethnicity.
4. Current record of Section 8 applications and waiting list, delineated by
race, ethnicity, bedroom size, preference (if applicable), both
computerized and hand - written, if applicable.
5. Copies of all City policies and procedures related to the allocation of
CDBG funds and the administration of CDBG programs or activities.
6. Copy of the City's Analysis of Impediments to Fair Housing Choice (AI)
completed in 2010. Include copies of studies, reports, surveys and other
documents relied upon or cited in the AI.
7. Copy of the City's previous AI completed in 2001.
8. Copies of the pages from the City's Annual Plans for the last three years,
identifying the City's plans for activities to affirmatively further fair
housing.
9. Copies of the pages from City's CAPERS for the last three years,
identifying the activities the City undertook to affirmatively further fair
housing.
10. Copies of the five -year PHA plan and the PHA annual plan associated
with the past three years.
11. An organizational chart of the City's administration and departments that
lists each employee /position. Include a narrative and/or job description
that describes the duties of each employee /position responsible for the
administration and implementation of HUD- funded programs. Provide a
list identifying the race, ethnicity and gender of City employees.
12. A list of the Housing Commission members delineated by name, mailing
address, and term duration. Please also provide copies of the Housing
Commission meeting minutes from January 2009 to the present. Also,
provide any studies or surveys undertaken by or for the Housing
Commission from January 2009 to the present.
13. A list of the Community Development Advisory Commission members
by name, mailing address, and term duration. Please also provide copies
of the Commission meeting minutes from January 2009 to the present.
Also, provide any studies or surveys undertaken by or for the Community
Development Commission from January 2009 to the present.
14. A list of the Safe Community Task Force members by name, mailing
address and term duration. Please also provide copies of all minutes or
notes from Safe Community Task Force meetings from January 2009 to
the present. Provide copies of all reports or memoranda produced as a
result of Safe Community Task Force meetings and any studies or
surveys undertaken by or for the Task Force from January 2009 to the
present.
3
15. Provide any studies or surveys undertaken concerning the relationship
between the City's Section 8 Program and/or crime from January 2009 to
the present.
16. A list identifying the location of all administrative offices, including
locations where applicants, participants, and members of the public
transact business related to the City's CDBG program or Section 8,
including applications, Section 8 briefings, annual recertifications,
grievances, and Board/Commission meetings.
17. Copies of Dubuque City Council meeting minutes from January 2009 to
the present.
18. All documents or meeting minutes recording discussion, decisions, and/or
reasons for reducing the City's Section 8 Program to 900 vouchers.
Please number and submit your responses consistent with the preceding numbered paragraphs so
that we can verify compliance with the regulations that require the City to provide access to
records and each specific request, and provide the information to:
Betty J. Bottiger
Director, Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
Edward Zorinsky Federal Building
1616 Capitol Avenue, Suite 329
Omaha, NE 68102 -4908
At the time of our on -site review, please have the following information available:
• Applications for Section 8 from January 2009 to the present.
• Files of all rejected applicants for Section 8 from January 2009 to the present.
• Section 8 files for current program participants and former participants dating back to
January 2009, including files or records related to participants that have ported to a
different public housing agency since January 2009.
• Current Section 8 waiting list, including documents related to the administration and
maintenance of the Section 8 waiting list.
• Files of all participants who had their Section 8 vouchers terminated from January 2009
to the present.
• All tenant complaints and grievances filed from January 2009 to the present, including
the date filed, the hearing date, and the final disposition of the grievance or complaint.
• Contact information of and description of any housing - related organizations, including
tenant organizations.
• CDBG program files and records, including records showing the race, ethnicity and
gender (single- headed households) of applicants, recipients, and beneficiaries of
programs or activities funded in whole or in part with CDBG funds, and data collected
through monitoring of sub - recipients.
• All records maintained by the City documenting the City's activities to affirmatively
further fair housing, including but not limited to records related to the City's most recent
AI and actions taken to address any fair housing impediments.
4
Sincerely,
5
Thank you for your cooperation. If you have any questions or need information, please do
not hesitate to contact Kellie Paris Asaka, Equal Opportunity Specialist, at (402) 492 -3110, or me
at (402) 492 -3178, Monday through Friday, between 8:00 a.m. — 4:30 p.m.
Betty J. B s tier
Director
Office of Fair Housing & Equal Opportunity
Cc: David Harris, Director of Housing and Community Development