Human Rights and Fair Housing Commission — Naperville, IL
Date: 2021-07-12

400 S. Eagle Street
 City of Naperville Naperville, IL 60540



 Meeting Agenda

 Human Rights and Fair Housing Commission

Monday, July 12, 2021 6:30 PM NEU




A. CALL TO ORDER:

B. ROLL CALL:

C. PUBLIC FORUM:

D. OLD BUSINESS:
 21-0904 Approve the regular Human Rights and Fair Housing Commission meeting
 minutes of May 3, 2021

E. NEW BUSINESS:
 21-0905 Introduce Commissioners Diana Hawken, Alex Jacobs and Nate Wilson

 21-0908 Receive training addressing discrimination complaints in public
 accommodation and fair housing
 21-0912 Review Complaint #FH-012021 and direct staff accordingly


F. REPORTS:
 21-0906 Receive status reports on the Affordable Housing Work Plan and Analysis
 of Impediments to Fair Housing Choice (AI) Action Plan items and direct
 staff accordingly

G. ADJOURNMENT:
 Any individual with a disability requesting a reasonable accommodation in order to
 participate in a public meeting should contact the Communications Department at least
 48 hours in advance of the scheduled meeting. The Communications Department can
 be reached in person at 400 S. Eagle Street, Naperville, IL., via telephone at
 630-420-6707 or 630-305-5205 (TDD) or via e-mail at info@naperville.il.us. Every effort
 will be made to allow for meeting participation.




City of Naperville Page 1 Printed on 7/8/2021

City of Naperville

 400 S. Eagle Street
 Naperville, IL 60540




 Meeting Minutes

 Monday, July 12, 2021

 6:30 PM



 NEU



Human Rights and Fair Housing Commission
Human Rights and Fair Housing Meeting Minutes July 12, 2021
Commission


A. CALL TO ORDER:

 Chairman Miller called the meeting to order at 6:30 p.m.

B. ROLL CALL:
 Present 9- Jim Bergeron, Sha'Ron Booker, Diana Hawken, Alex Jacobs, Patrick Kelly, Linda
 Kuhn, Bradford Miller, Brian Palm, and Nate Wilson
 Absent 3- Shree Gurusamy, Steve Lakner, and Mark Rice




 Also Present: Ruth Broder, Community Planner/Community Grants
 Coordinator; Geneace Williams, Diversity, Equity and Inclusion (DEI) Manager

 Absent: Shree Gurusamy, Commissioner; Steve Lakner, Commissioner; Mark
 Rice, Commissioner

C. PUBLIC FORUM:

 There were no speakers for Public Forum.

D. OLD BUSINESS:

 Approve the regular Human Rights and Fair Housing Commission meeting minutes of
 May 3, 2021
 Attachments: MeetingMinutes 050321

 A motion was made by Palm, seconded by Bergeron, approved. The motion
 carried by the following vote:

 Aye: 8- Bergeron, Booker, Hawken, Jacobs, Kelly, Kuhn, Miller, Palm, and Wilson

 Absent: 3- Gurusamy, Lakner, and Rice

E. NEW BUSINESS:

 Introduce Commissioners Diana Hawken, Alex Jacobs and Nate Wilson

 Brief introductions were made of the three newest commissioners.

 Receive training addressing discrimination complaints in public accommodation and fair
 housing
 A brief presentation on Complaints and the Hearing Process was given by
 Geneace Williams, DEI Manager and Staff Liaison to the Commission.
 Williams described the background and powers of the Commission: In
 December. 2020, City Council voted to create the Human Rights and Fair
 Housing Commission, previously the Housing Advisory Commission.

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Human Rights and Fair Housing Meeting Minutes July 12, 2021
Commission

 Chapters 5 and 6 of Title 12 of the City Code establish the Human Rights
 and Fair Housing Commission (HRFHC) and describe the powers and
 duties of the Commission. Protected classes, as defined in Title 12, are
 protected from discrimination in public accommodation - places open to
 the public - and from housing discrimination. The City Code follows the
 State of Illinois Human Rights and Fair Housing laws.
 The ordinance also describes the membership, powers and duties of the
 HRFHC . Eight duties are discussed, one of which addresses complaints
 and the hearing process. The rest of the presentation described the
 complaint and hearing process, as laid out in the ordinance.
 1) Complaints:
 Complainants have 90 days from the time of the allegation of
 discrimination to submit a complaint. To submit a complaint, petitioners fill
 out the form provided. The complaint form is submitted to the Community
 Services Department (formerly City Clerk’s Office).
 The first step is for staff to receive the complaint: The complaint is referred
 to the DEI Manager, who informs the Community Services Department and
 Commissioners of the complaint. The Complainant is responsible for
 providing basic information and facts, including which protected class(es)
 they are covered under and pertinent facts that prove discrimination.
 Once the complaint has been received, Staff investigates to determine the
 viability of the claim. Staff reviews the complaint and may attempt to
 mediate between the Complainant and the Respondent. If the issue is not
 resolved, staff prepares a summarization of the complaint and evidence.
 The Commission reviews the summary and may request more information
 or ask for a response from the Respondent. The Respondent has 10 days
 to respond after receiving the request from the Commission. The
 Commission can also suggest mediation at this time. If the complaint is not
 resolved through mediation, staff prepares a report, which may make one
 of the following conclusions:
 a) There are grounds to continue the complaint which should go to hearing,
 or
 b) There are not grounds to continue and the complaint should be
 dismissed, or
 c) The Respondent has admitted discrimination and the case should go to
 the remedy phase.
 If mediation is successful, that would also conclude the case. In all cases,
 complaints should be moved along expediently. If necessary to reolve the
 complaint in a timely fashion, the Commission may call special meetings or
 schedule meetings in off months. Staff will also maintain records of
 Complaints received.
 2) Hearing Process:
 If it is determined that a hearing is required, the hearing will be scheduled.

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Human Rights and Fair Housing Meeting Minutes July 12, 2021
Commission

 The hearing may be held before an administrative law judge or hearing
 officer. The hearing officer or judge has 120 days following determination
 of reasonable grounds for the hearing to be held to commence the hearing.
 The hearing can be held at a regularly scheduled meeting of the
 Commission or a special meeting, depending on the situation. Personal
 information may be redacted from the record, if deemed necessary.
 The Hearing Process is covered in Chapter 6 of Title 12 of the City Code.
 A hearing record must be created via a recording that is transcribed, or live
 transcription by a court reporter. Staff must ensure that parties are notified
 of the hearing, including time and date. Parties may present evidence and
 cross examine witnesses and request that subpoenas be issued.
 Once the hearing commences, the hearing officer or judge has 60 days to
 make a finding. If discrimination is found, a report is prepared and
 recommendations are made as to remedies. There must be a separate
 remedy hearing. There is a section in the code that discusses remedies.
 The hearing officer or judge may make recommendations as to
 appropriate remedies, but the Commission has the final say. Options
 include going to a legal body to determine which types of remedies are
 available. Both Complainant and Respondent have the right to appeal to
 the court if they believe that the hearing was unfair or conducted incorrectly.




 Review Complaint #FH-012021 and direct staff accordingly
 Attachments: FH_01-2021_REDACTED

 Following the presentation on complaints and the hearing process, Ms.
 Williams provided a summary of Complaint #FH-012021, the current
 complaint before the Commission:
 The Complainant and family visited an apartment complex in Naperville
 and applied to become a tenant, including payment of a $100 fee.
 Management staff ordered a credit check, which included a background
 check. The Complainant asked if criminal history would prevent her from
 getting the apartment. Employee left the room, returned, and told the
 complainant that it would be not be a problem. The Complainant alleges
 that the management company staff person assured her that she would get
 the apartment. However, the Complainant was later denied, with two
 reasons being stated:
 1) Rental History - The Complainant had rented only from individuals and
 had no utilities in her name, and
 2) Credit History/Criminal History - The Complainant had a history of
 several misdemeanors and felony convictions and a credit score below

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Human Rights and Fair Housing Meeting Minutes July 12, 2021
Commission

 600.
 The Complainant alleges that she was denied due to race
 (African-American) and legal source of income.
 Staff contacted the manager of the facility and was informed that the
 application states approval of application is contingent, not guaranteed.
 Ms. Williams also stated that the credit history includes criminal
 background as well as credit history. The management company form
 states that Credit History was reason for denial, but upon further
 questioning by Ms. Williams, they explained that the Criminal History
 included in the Credit History was the primary reason for denial.
 Commissioner Palm commented that employees of the management
 company normally must be licensed by the state and that licensed
 employees should be familiar with all fair housing requirements.
 The Commission discussed the facts of the case: Discussion focused on
 the landlord’s policies for denial of application: Were policies clearly
 defined and spelled out and were they applied uniformly? For example,
 how many criminal convictions would result in an automatic denial? What
 credit score would be needed to be approved? Discussion also took
 place on what remedies would be appropriate if discrimination were found:
 return of application fee? The Commission can not order the complex to
 provide her with an apartment. Williams stated that she does not believe
 that the Complainant's housing voucher was an issue. Discussion as to
 whether the complex runs a credit check on all applicants; they cannot do a
 credit check for some parties and not for others.


 A motion was made by Palm, seconded by Miller, for staff to conduct an
 investigation and prepare a report to be presented at the next scheduled
 Commission meeting recommending next steps. The Motion passed
 unanimously.

 Aye: 8- Bergeron, Booker, Hawken, Jacobs, Kelly, Kuhn, Miller, Palm, and Wilson

 Absent: 3- Gurusamy, Lakner, and Rice

F. REPORTS:

 Receive status reports on the Affordable Housing Work Plan and Analysis of
 Impediments to Fair Housing Choice (AI) Action Plan items and direct staff accordingly
 Attachments: AI Action Plan Progress Report_July 2021
 AI Action Plan - 2020-2021 Priority Committees_July 2021

 Councilman Kelly provided an overview of the City Council Workshop on
 the Inclusionary Zoning Ordinance (IZO). A majority of City Council is not in
 favor of mandatory inclusionary zoning, but Council did vote in favor of
 having the consultant, SB Friedman Development Advisors, develop

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Human Rights and Fair Housing Meeting Minutes July 12, 2021
Commission

 voluntary measures and incentives for including affordable units in new
 developments. The consultant will report back to staff and Council, which
 will determine which measures to adopt.
 Broder discussed the NOAH (Naturally Occurring Affordable Housing) Plan
 and meetings that have occurred with Ithe Illinois Housing Development
 Authority (IHDA), DuPage Housing Authority (DHA) and Community
 Investment Corporation (CIC). Meetings focussed on affordable rental
 housing preservation, including tax incentives. A report will be prepared
 focusing on how ideas can be used in Naperville. An RFP for a nonprofit
 organization to develop a Single-family rehab program will be developed
 by the end of the year, with a goal of starting a program in Spring, 2022.
 Regarding other Action Items included in the Analysis of Impediments to
 Fair Housing Choice (AI):
 a) Transportation Committee - PACE said there is no funding for changes
 to routes.
 b) Land Use - The TED Department is conducting a study of vacant
 City-owned property that would be suitable for affordable housing
 development.
 c) Language Access Plan - Suggested obtaining examples from other
 cities; also need another commissioner to assist commissioner Gurusamy.
 d) Paired Housing Study - An RFP will be developed by the end of the year
 with a goal of the study being conducted in Spring, 2022.
 The three new commissioners can assist with projects they are interested
 in. Staff will develop training for the new commissioners.


G. ADJOURNMENT:
 A motion was made by Palm, seconded by Miller, to adjourn the regular Human
 Rights and Fair Housing Commission Meeting of July 12, 2021 at 7:20 p.m. The
 motion carried by the following vote:

 Aye: 8- Bergeron, Booker, Hawken, Jacobs, Kelly, Kuhn, Miller, Palm, and Wilson

 Absent: 3- Gurusamy, Lakner, and Rice




 /S/ Ruth Broder
 Ruth Broder, AICP
 Community Planner/Community Grants Coordinator




City of Naperville Page 5 Printed on 10/18/2021