Agenda - 08-03-1995 - IX-F - Laserfiche WebLink

Browse Search

2 HUD notified the Department on June 13 , 1995 , that they had completed legal analysis of the Ordinance and Policies and Procedures and identified 12 changes that need to be made in order to receive substantial equivalency status . Most of these changes are simply clarifications of existing policy. The one substantive change is an issue that staff have discussed with the Board previusly . In order to be in accordance with federal Fair Housing laws , Article VIII , Section 8 . 2 (d) , (i ) , & (k) - Reasonable Cause - must be changed. Currently, the Ordinance provides that in instances where there is a failure to conciliate a housing complaint , Staff will apply to an Administrative Law Judge for a fearing in which the County Attorney will represent the Human Relations Commission on behalf of the Complainant . Under the proposed change, either the Complainant or the Respondent may request private civil action, and the County Attorney would represent the Human Relations Commission on behalf of the Complainant . ( If neither party requested private civil action, the charge would be heard by an Administrative Law Judge as currently outlined in the Ordinance . ) The cost of . implementing this change would be comparable for the County, as preparation for a civil action would be similar to preparation for an Administrative Law Judge hearing . The Human Relations Commission Executive Committee and Ordinance Committee unanimously recommend that these changes be made so that the Department can receive substantial equivalency certification from HUD and provide substantially equivalent provisions to federal Fair Housing laws . RECOMMENDATION: The Manager recommends that the Board adopt the proposed changes , and transmit revised copies of the Civil Rights Ordinance and Policies and Procedures to the municipalities covered by the Ordinance .