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i <br /> U.�, II Pr I 1{��I 011pl <br /> 3 <br /> / OWN <br /> Ti 0*W{�WI1;111�41�L'. ('b'q M-Ma <br /> 11 r4boh <br /> May 11, 1995 <br /> NFMIDRANDUX FOR: Barry L.' r,4ray, A35iftant General Counsel, Fair <br /> Housing gnforcemaont Division, CRS <br /> FRAM: , Assistant General Counsel, 4AC <br /> SUBJECT% Substantial Equivalency Certification: Request. for <br /> Legal Analysis of the Fair Housing Law of Orange <br /> County, North Carolina <br /> This is our legal analysis of the fair housing ordinance of <br /> Orange County, North Carolina (they "Orange County Civil Rights <br /> Ordii"de ) , enacted June 6, 1994, and the Rules of Practice and <br /> Procedure of the Orange County HMan Relations Commission, <br /> r+l�tl;es,Ced in your Mawrandum of Mifth 6, 1995. A copy of the <br /> oxdinanco and regulations is attached. Please contact Steve <br /> Edelstein, at (404) 331-4132 with any quesltigns Or comments. <br /> Out review has identified the following problems which may <br /> prevent or hinder certification: <br /> • The Ordinance <br /> Article V, Section 5.1(a) (3) - Unlawful Housing Practices - In- an <br /> earlier review wr recommended to the county that it delete the • <br /> last sentence of this subsection so as to c=VOrt With 24 C.F.R. <br /> 5100.203. <br /> Article V, Section 5.2 - Proof of Violettion - While codification <br /> of the ''mixed motivV analysis and "eff ets* test proVides <br /> sitkil&r of ObAtOr prOteetion than db#s int case lav* the <br /> otdihance should a140 epdcify that a.. +ua Liles a <br /> n*6649ity" Musa be demonstrated where Applicable. <br /> Article Ve Section 5.3. (e) - Esemption - The housing for older <br /> persons. oYemption should include discrimination basted on familial <br /> status and ago. <br /> Article VIII, Section 8r1(d) - Filing of Complaint - As noted in <br /> out eatlift ievi*W.- ne tine Should be provided to both the <br /> respondent and cmplainent. <br />