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HomeMy WebLinkAbout09/05/1986 AGENDA INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING Friday, September 5, 1986 12 Noon Red Lion Inn, Isabella Room (County Host) ITEM #1 NAMING OF LIBRARY (Naming of Joint Powers Facilities) ITEM #2 CITY BUDGET PROCESS A. Burn Building B. Administrative Center Parking Structure ITEM #3 FAIR HOUSING GUIDELINES ITEM #4 ° TRUSTEES PROGRAM 331 - 18th STREET P. O. BOX 2306 BAKERSFIELD, CA 93303-2306 REAL~OR® BAKERSFIELD BOARD OF REALTORS® TELEPHONE 325-7221 July 2, 1986 Mr. Rollie Moore, City Councilman " Ward 5 217 E1 Tovar Court Bakersfield, CA ~3309 Dear Rollie: Enclosed is a copy of a letter and request the Bakersfield Board of REALTORS has sent to Vernon Lowe, Director of the City/County'Fair Housing Services Department. We hope that you will personally review the Guidelines for testing for illegal discrimination in housing that has already been Jointly agreed upon by the National Association of REALTORS and HUD, and also approved by our Directors. We ask that these Guidelines be adopted by our City and County as the official Guidelines for any testing to be done under the programs of the Fair |lousing Services. Please call me if you have questions concerning any of the materials. We hope you will give these Guidelines your enthusiastic support for adoption by the City and therefore by the Fair Housing Services. Thank you for your consideration and assistance. President ph Enclosures ' LL~ ' 331 - 18th STREET P. O. BOX 2306 BAKERSFIELD, CA 93303-2306 REAL'I'OR*' BAKERSFIELD BOARD OF REALTORS® TELEPHONE 325-7221 July 2,1986 Mr. Vernon L. Lowe~Director Department of Weights and Measures/Fair Housing County of Kern 1116 East California Avenue Bakersfield,CA 93307 Dear Mr. Lowe: You may be aware that the National Association of REALTORS® and the U.S. Department of Housing and Urban Development have approved a package of guidelines to govern federally financed housing discrimination testing under the proposed Fair Housing Initiatives Program (FHIP) now before Congress. REALTORS® under these Guidelines are supporting the HUD funding proposal. The Bakersfield Board of REALTORS® also endorses these Guidelines and testing and we request that the City/County Fair Housing Advisory Committee adopt these Guidelines for the work of the City'and CoQnty Fair Housing Services. These Guidelines are ~he results of tw° years of meetings and negotiations by top REALTOR® officials and the top advisors to tile Fair Housing programs of HUD. They provide for testing programs t~Zassure that federal and state laws are being upheld,and.they outline a methodology which assures objective,reliable and controlled programs and resultant statistics. Your inclusion of these Guidelines in the proposals you ask the City and County to adopt will be good news for local citizens, especially those who mJy be the victims of discrimination. Their adoption would insure that the work by the Fair Housing Services would produce valid facts to deal with illegal discrimination instead of questionable practices '~designed to produce publicity and divide the community. We have sent these Guidelines to the Community Housing Resources Board appointed by HUD to help REALTORS® locally implement our Voluntary Affirmative Marketing Agreement. We are in hopes that the CHRB will give their endorsement 'to your adoption of.these Guidelines. We have also sent a copy to the Kern County Apartment Association and to the Building Industry Association of Kern County, in the hopes that all of these associations will endorse your adoption of these Guidelines. .? We are looking forward to working with the Fair Housin~ Services and its Advisory'Committee, and with you as the Administrator for the Program. Please feel free to call our office if we can provide any further information concerning the agreed-upon Guidelines for testing. Sincerely, KENNETH N. SWANSON PRESIDENT KNS :mill Enclosures Agreed-upon guidelines for federally Editor's note: Followi,g is the text of financed testing' Association o! Realtors ,nd the U.S. De- partmc~t vt liousinF, and Urbon Develop- mcat for conducting testing under the pro- ':. : posed F~ir liousing Initiatives Program. Testers: Indivldual~, who without an in~ , B. hppllcalion Hequlremenl~ . General tent t~ rent, purchase or finance a home or ~ .i' ' ~partment, pose ns renters, purchasers or "1. Appllcntlons must Include: · The Prlvnte Enforcement lnitlntlve of borrowers for the purpose of collecting er|- n. documentation stating.that the nppll- . cant has at least one year of experience in the Fnlr J lousing Initiatives Progrnm dance of discriminatory housing practices, cnrryl,g m,t n program to prevent or ellmi- (Fllll') mRhorizes the secretary of IIUD to A. Eligible Activities '" ' ~' '<" hate dlscrhnhmtmy housing pr~ctlces; provide funds to non-profit organizations b. certificatkni providing tlmt the appli- er other oublic and private entities which Eligible testing activities must be con- cant will not. solicit funds from or seek to nra conducting progrnms to prevent or ducted in accordnnce with procedures con- · provide fair housing educational services or eliminate discriminatory housing prac- talned in the eppllcatlon for assistance.' products forcompensatlon, dlrectlyorlndl- tlces. These procedures shall include: . " Under this provision, the secretary pro- 1. A formal recruitment process de- ~ ~ rectly, to nny person or orgnnlzntlon which · has been the subject of testing by the nppli- olde9 funding on n compelitlve basis for, signed to obtain a pool of credible end ob- . cant wRhln the prior 12-month period; among other tilings, investigntlons in s,p- · jectlve persons to serve ss testers. Recruits c. description of the process to be used port of fnlr housing judicial and ad~nlnls- must not have prior felony convictions, its recruit te~ters; trnllve enforcement efforts, convictions of crimes in. volvlng fraud or.. · · d. description of the tester trMnlng pro- The purpose of these investlgntlons is'to perjury. . .gram; and e. copies of forms used to docu- develop credible m~d objective evidence of 2. ^ tester training program which will: . meat alleg~tlons and to record the exper[- discHminntory housl,g prnctices, n. require the careful recordntlon of all The.ac guidelines me not intended to re- relevant lnformatlon on stnndnrdlzed ' ence of testers .... strict indlvldunls or entities pnrt".clpntlng forms following completion of the test; ' C. Performance Monitoring in the FilIP from put.suing may right or b. prohibit m~y contact or communlca- · remedy gun~m~teed by federal law. tion between pMrs of testers until nil in- An nppllcmR fMll,g to comply wRh the · . formntlon ires been recorded nnd the testers ~equl.remenL~ of the Private Enforcement $copO debriefed by the t~estlng coordinnlor; lnitlntive, or tile procedures set forth in its These guldellne.a apply ~o lestlng actlvt-' c. require that the same or substantially ~pplicntlon for funding, shall be liable for ties funded u.der the Private Enforcement equlvMent type of housing nccommoda- such snnctlons s~ may be authorized by hHtlntive of the FltIP sad conducted in tions, finm~clng or service be requested; I~w. These snnctlons include repnyme,t of s,ppo~t of the investigation of discrlmlna- d. require that testers identify them- improperly used funds, termhmtlon of fur- tory housing practices, selves ns having the same or substantlnlly ther pmticlpntion in the lnRintive, reduc- · equivalent housing needs nnd demographic tlon or lhnRatlon of further fundi,g for Definitions profile as the person who made the bona vestlgatory activities, the recoptme of lions fide AHcgotion: An nssertlon of a fide nllegntlon, except for the race, creed, improperly expended funds nnd the denim dl.acrhnlnntory housing prnctlce unlawful religion, sex, nM, ionMity or other attribute , of further participation in Departmental under [edernl fMr housing I~w. For put- whlchlstheb~slsofthenllegeddiscrimina- ' programs. punch of th~se guldellne,% nn nllegntlon by a flea. in cases of testing for systemic , per.asa engaged ns a tester, whether or not discrimination, demogrsphlc profiles may compensated, or by nny orgnnlzatlon, em- vary from tlmt of the person who made the ployee or agent engaged directly in the bon~ fide Mlegntion so long as the test of . . initlntkm, ndmlnistrntion, evnluntlon or each agent or owner is a "pnlred".test. For ': conduct of tests shall not be deemed a bona the purpdse of these guidelines, a "paired ~ '.. ~. ~ . '. fide nllegntlon. The ellegntlon must ~tate test" shall mean that the two testers who ':: ,. ~l,eclficfllly and in detail the facts and clr- will conduct the "paired test" shall: (a).. ~ . cumslances which are believed to consti- have the same or substantially similar de- '?] . rule the diacrlmlnatory housing practice, mographlc profiles except for the race, i,cludi,g, but not limiled to, the. dates, creed, religion, sex, nationality or other .::' times and places of the alleged dlscrlmlna- attribute which is the basis of the alleged , .; , '~ rio,, and the name of each person or firm dlscrlinlnatlon; (b) have the same or sub- allegedly engaged in the discriminatory stantlally similar housing requlremenLs; (c) conduct the test at the stone office and/or ,: housing practice, in the same or sub~tantlally similar trans- Discriminatory llousi,g Practices: Any . actional conditions and circumstances; and i actions made unlawful by 42 U.$.C. sec- (d) conduct the test in a timely manner. ti(ma 3604, 3605 and 3600. 3. A,tester assignment and .cthitrol Test: A me thud of gathering credible and tern winch will assure that nelther [h~ tester, ohjectlve evidence of whether a dlscrbnlna- nor the organization conducting the test, "' tory housing practice has occurred. For including its employees and agents, has: proposes of tests conducted under these a. an economic Interest in the outcome g, ldelines: (1) in the case of a test con- of the ~st without prejudice to the right of ductcd in re.qponse to an allegation involv- . any person or entity to recover damages for i,g the rental or financing of a home or any cognizable injury {n.b. Coleman v. lis- apartment, a ~eat must include one or more vens Realty). ' © ~ ' :d. · ' ' , vlslk~ by at least two individual testers to 'b. a spec'i[ic bias toward either the per- "' :' 'r. .; ~ ;: ..: , the lender, rental agent, management firm ..... ~ .~ , . or ow,er alleged to have discriminated; (2). son who made the bona fide allegation or ' ;, " i ?', .... in the'case of a test conducted in resppnse respondent; or is a ~elatlve of one of the ~ ,, :' ' : .'i to an allegation involving the purchase of a parties in a case; or b~s any prior employ- .~! ~ · ' :..~:, · i ....'.., . I home, a test must include one or more vis- meat or affiliation with the person or or- ~ ... ~: ils by at least two individual testers to the ganlzatlon to be tested; or is a licensed : ..... individual sales agent or owner alleged to competitor of such person or organization ;' . . t: '1. '.. '~ :' ~ ~' ' ' i have discriminated, or, if fl firm is alleged in the listing, rental, sale or financing of .i to have engaged in dincrimlnntory housing real estate property; or has any other spe- . , : practices and if no sales agent of the firm cific bias or conflict of interest which would. , ' '...: .:.. '. has been identified as having discrlmi- prevent or limit'his or her objectivity or " I' , . ..... nnted, then the test must include one or fairness. ' .i ~. . more vl.~its by at least two paired testers as ., " t~ ,.I :,, ".~: ,t defined in A(2/d of these g~idellnes to any . ... ' ' ;. , :... ,: .. · ames agent identified by the testing pro- : .' '.' ., ..,,, gram. The test requirements' specified ; ,.: ~., ~ herein shall not excuse any employer, bro- '. kef, firm or owner from such liability as the law Imposes on them for the conduct of their employees, or licensees affiliated with them. Nothing herein shall limit the num- ber ,,f test vD. Rs which can be made or .. f.,:. NAR an'd: HUD '=' reach accord ,..i .,'..~ :.....,~: . on testing rules " ','.~"~'~'* ~i; i' "!;' ' ..;~.,.. , . il: ~ ,. ~.; WASHINGTON, D.C.'By a unanimous vote, the Na- ~( .'., . :;I tional Association of Realtom Board of Directors has ap-' ~', ~'i ',.. proved a package of guidelines to govern federally financed '" ... ~.. housing discrimination testing under the proposed Fair '' " " . . :~ ;. i. ,, Housing Initiatives Program (FHIP} now before Cdngress...~ . ~'.'., .= . . The guidelines represent an agreement reached after weeks .~: ... :.. .::.: . ; .~ ;.,~ ,.;: of intense negotiationa by top ofliciah of NAR and tho U.S. Department of Housing and Urban Development. i...i:. ;, I I Following the May 12 Board of Directors vot~ during the ..... ' . .;; ':' "';'! ' NAR midyear meetings hem, AsaociationPresidentCla~k "~',. .... .... E. Wallace and HUD Secretary Samuel R. Pierc0 Jr. signed , ': .i . ', . ,~ . ; joint letters to the chairmen of the House and Senate bank- ,. ,ing committees stating that, with the inclusion of the test- . ' ~ :": ...... .: : "'; ' ' ;,. ..... ~,'. lng guidelines, the National Association ..... ~ , . · ';' ;:r ~,~,l: : would support the proposed Fair lt0uaing '""" . .:. . ' ' Initiatives Program. ' ' "" ~ .i ',, ', d' I;'. ~ , ,. i !,,.i,: I.=.,: · The Senate Banking, ltouslng'~nd Ur- ' .... "~: ' '"' :.".:' '. ,", ,, ;, ,.~ .: , ban Affairs Co~nmittee took the first step ": ;,i. ".; ,~t ~. ';.., ) ..... ". :i toward this last week, approving a "mini i: " ~: ,..,. .' ~:' ';: housing bill" that included FHIP and the ' ':! : ~''''" ~;;~.~::;i.t..:, guidelines. Sen. William Proxmire (D- , '' ; '.~ :. . .:,:.. : ....,::;. :..;' . Wis.) asked that the committee hold hear- !: t ; ..~,....;. ~ .ings on FIIIP and committee Chairman "' "'; '~' :' ' · ;. ':'.. ' '"... ' ~.", .~. ' i Jake Garn (R-Utah) noted that he would ";; , ' '' try to squeeze hearings into the schedule" :' : '.' for the first (lays in June. lle said that he ', .':' hopes to get the whole bill through the Sen- '.', .,~ · . ate by June 6. . .. : ' NAIl previously had opposed passage of ~'' .... ' ' . FtllP because of the lack of explicit guide- ' " ':" '?" :;. :~ '"' lines for testing. 'Fhe proposed FHIP would : "~ : ' '~ " provide $3 million in federal funds to sup- : :' ;., ; ,: .';y port private-sector testing of real estate "': ' "" ,' ,,: ;, :'" ' ': practitioners for alleged violations of fed- :.. i..': ; : . :~... · eral fair hot, sing law. "' ~' . The motion passed I)y the Board of Di- · ' '; .... : , rectors makes it clear that NAR approval ' " ' , .... of the guidelines is conditioned on their ' .... being made part of the legislation that ; '. .. i,~ :" .' " would provide for Ft'JlE ' " 'Fhe original FHIP proposal had "no .' safeguards which would prevent the testing '" ' . , programs it would aull{orize and fund from being used as instruments of legalized ex- : :, · tertian and coercion instead of as a means of investigating bona fide allegations of .. " discrimination," Wallace noted in a letter -- to the Booi'~l'~f Directors : testing programs. (See te~t of gnidelinea on Wallace told Realtors attending the mid- page 4.) year meetings that "1 am personally sa(is- .. In general, the guidelines would provide that federally backed testing be based on fled we have what we believe is an adequat~ keting Agreement on equal opportunity in bona fide allegations of discriminatory con- set of protections for our members. ' un- housing and questions over management duct, require proper selection and compre.. der which we believe we could accede to the · '. and sale of HUD-repossessed ProPerties. hensive training of testers, require record- testing proposal now in Congress.' ....... "Fhe pride you take in your work is lng of test results on standardized forms, On May 13, the day after the Board of 'i~.'?clear. It is equally clear that you b'elieve in ' prohibit a tester from receiving an eco- D~rectors approved the guidelines, ItUD . "' and support fair housing," Pierce tom the heroic benefit from the outcome of the test, Secretary Pierce told Realtors attending ' · Realtors at the meetings, hdding that "it's remove-the po:mlbility of tester groups ira- the midyear meetings that the agreement'"!" gratif3, ing that we have been able to Work posing imprope:r leverage or pressure · represents "the beginning of a new era be- '`'~ ~' together." . ' · . .. those being tested through solicitation of (ween the Reagan administration, espe-' ;i Pierce noted t~at the testing guidelin'es fnnds or other forms of intimidation, and cially IlUD, and the National Association '; ensure that only objective, reliable and con- impo~,e penalties and sanctions on those of Realtors." Pierce received a standing ' ':. trolled testing would be financed by tIUD who violate the testi,g standards. ovation from the Realtors. ' t and called tho agreement "good news. for · In addition, NAIl officials said, the Man- Both Pierce and Wallace said they be- '. the American people, especially those who dards would require "paired testing," lleved that, because NAR and HLID . are the victims of discriminatioa.' which would end the serious abuse involv- reached agreement over FttlP guidelines, The [~greement reached between NAR lng res(tag"sweeps" of real estate firms. In the two would be able to make much and HUD details very specific restrictions those "sweeps," the responses of diffcrenL greater progress on other issues, such as regarding the participants and procedures salespersons to different testers are com.. renewal of the Voluntary A/tqrmaHve Mar- · that could be used in federally financed pared to identify alleged discriminalion. '" ;' . ,'i ! , :~: ~, i .i: ·