CC - Item 9A - Southern California Housing Rights Centera
1
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 14, 2010
SUBJECT: SOUTHERN CALI FORNIA HOUSING RIGHTS CENTER
SUMMARY
For over 15 years the City has contracted with the Southern California Housing Rights
Center (HRC) to administer a federally mandated Fair Housing Program for our
community (see Attachment "A "). The Fair Housing Program functions to meet federal
mandates as follows:
a. Serve as a central source for fair housing information and education;
b. Investigate and conciliate housing discrimination complaints; and
c. Make referrals to appropriate sources for the formal resolution of
discrimination complaints when informal conciliation efforts fail.
In the last two months, the City has received two (2) separate complaints from owners
of rental units claiming harassment by the HRC. Both complainants' stories are similar.
They both received a call from someone claiming to be looking for an apartment to rent
and inquiring about the owners "Pet Policy ". Both owners told the caller that pets were
not allowed. Then, the caller informed the manager /owner that they have a disability
that requires them to have a "companion pet ". The first owner stated that his manager
told the caller she would need to speak to the owner and call her back. That manager
forgot to check with the owner or call the caller back as the unit had already been
rented. The second owner claims that he told the caller that he would accept pets as an
accommodation for disability but would need a note from a medical doctor. In both
cases, the owners were advised by the HRC that attendance of a "class" on housing
discrimination would be required at a cost of $150. One of the rental unit owners has
complained to the City Council of harassment by the HRC.
Staff Recommendation
No action is recommended at this time.
BACKGROUND
In accordance with Title III of the Federal Civil Rights Act, the U.S. Department of
Housing and Urban Development (HUD) is required to ensure that all federally assisted
APPROVED FOR CITY COUNCIL AGENDA:
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December 14, 2010
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community development programs are administered in a manner that furthers equal
housing opportunities. As a HUD - funded participating jurisdiction through the
Community Development Block Grant (CDBG) and HOME Investment Partnerships Act
(HOME), the City must certify that federal funds are administered in accordance with the
fair housing statutes and regulations. In doing this, the City can either directly provide
onsite fair housing counseling and housing discrimination services or contract with an
agency able to provide these services.
In January 2010, the HRC conducted a number of "testings" on properties advertising
available rental units within Rosemead as a way of determining the nature and extent of
discriminatory treatment within the housing market. As a result of these "tests ", two (2)
owners felt that the HRC was trying to "bully" them into entering into a Conciliation
Agreement requiring the owner and all individuals involved with the operation and
management of the property attend a fair housing training at a cost of $150 per person
(see Attachment "B" and "C "). In the letters to each of these owners, the HRC claims
that the owner did actually violate state and federal fair housing laws by failing to waive
a "no pet" police to accommodate an individual with a companion dog. In addition, both
owners were informed by the HRC that failure to agree to attend the training and enter
into the Conciliation Agreement may result in HRC's filing an administrative complaint
against them with the California Department of Fair Employment and Housing and /or a
referral of this matter to their litigation department. If the owners agree to attend the
training and sign the Conciliation Agreement, then the case would be closed. Both
owners adamantly denied any wrongdoing and repeatedly stated that they would not
discriminate against renters who require a companion dog. The first case was resolved
quickly and without the owner entering into a Conciliation Agreement or attending the
training. The second case is still pending as both parties have not been able to reach a
resolution. At this point, the HRC has indicated that they are leaning towards
forwarding the second case to the California Department of Fair Employment and
Housing to conduct their own independent investigation.
According to the California Department of Fair Employment and Housing and the U.S.
Department of Housing and Urban Development Office of Fair Housing and Equal
Opportunity, "testing" is a legal practice used as a means to investigate a housing
complaint and /or to determine the levels of discrimination. The testing process has
been consistently supported by federal courts as a legitimate and necessary method to
identify practices of unlawful housing discrimination. Testers are trained volunteers who
play the role of a person looking for a housing unit in which to live. Testers are required
to be objective, careful observers, accurate reporters and truthful witnesses.
ANALYSIS
Founded in 1968, HRC is one of the largest nonprofit fair housing organizations in the
country. Its mission is to enforce fair housing laws and prevent all forms of
discrimination in housing. HRC provides telephone and in- person counseling to tenants
and landlords regarding their respective rights and responsibilities. It also investigates
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December 14, 2010
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housing discrimination complaints and resolves cases in a number of ways, including
litigation if necessary.
HRC has contracts with many cities, counties, and other governmental entities across
Southern California. In the San Gabriel Valley area, there are 11 cities (Alhambra,
Baldwin Park, El Monte, Glendale, Montebello, Monterey Park, Pasadena, Pico Rivera,
Rosemead, West Covina, and Whittier) that have contracted with HRC for many years.
Each of these cities was contacted to determine their satisfaction with the services
provided by HRC and each of them responded positively without any concerns or
complaints. The City of Rosemead has contracted with the HRC for well over 15- years.
In September 2010, the HRC hired a new Executive Director, Chancela AI- Mansour,
who took over in the operations of HRC in late October 2010. Ms. AI- Mansour has been
actively involved in fair housing advocacy for the past 18 years. From 1992 to 1994,
Ms. AI- Mansour litigated fair housing cases, produced training and resource materials,
and trained attorneys in state and federal fair housing law while serving as an Earl
Johnson Community Law Fellow at the Western Center on Law and Poverty. From
1994 to 1998, she served as the Vice President of the Fair Housing Congress of
Southern California, and in 1998 she served as its President. Ms. AI- Mansour has
authored articles on fair housing advocacy, one of which is still recognized as one of the
most comprehensive research tools for fair housing litigation. Ms. AI- Mansour has also
lectured on fair housing advocacy at Loyola Law School and USC Gould School of Law.
Ms. AI- Mansour and her staff have been very responsive when contacted and very
accommodating in making any requested changes /modifications to their approach in
dealing with discrimination cases to ensure that all owners and tenants are treated in a
fair and equable manner.
In the last three (3) years, the City has only received the two (2) above - mentioned
complaints against the HRC. Again, the first complaint was resolved quickly and to the
satisfaction of the owner while the second complaint has not been resolved.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Michelle G. Ramirez
Community Development Manager
Attachment A — HRC Public Service Agreement
Attachment B — Letter from HRC to 1 Complainant
Attachment C — Letter from HRC to 2 nd Complainant
ATTACHMENT A
PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND
SOUTHER CALIFORNIA HOUSING RIGHTS CENTER
PARTIES AND DATE.
This Agreement is made and entered into this 27` day of April, 2010 by and between
the City of Rosemead, a municipal organization organized under the laws of the State of
California with its principal place of business at 8838 East Valley Boulevard, Rosemead,
California 91770 ( "City ") and Southern California Housing Rights Center, principal place of
business at 520 S. Virgil Avenue, Suite 400, Los Angeles, California 90020 ( "Contractor"). City
and Contractor are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Funding.
City is the recipient of funds from the United States Department of Housing and Urban
Development (hereinafter "HUD ") pursuant to Title I of the Housing and Community
Development Act of 1974 (41 U.S.C. 5301 -5320) as amended (hereinafter "ACT "). The City has
approved the provision of federal funds under the ACT to be used to fund Fair Housing Services
( "Project ") in the amount of $25,000 for the FY 2010 -11. Contractor is to perform all services
set forth in the Schedule of Services, attached hereto as Exhibit "A" and incorporated herein by
reference.
2.2 Contractor.
Contractor desires to perform and assume responsibility for the provision of services
required by the City on the terms and conditions set forth in this Agreement. Contractor
represents that it is experienced in providing senior citizen lunch services to public clients, is
licensed in the State of California, and is familiar with the plans of City.
2.3 Project.
City desires to engage Contractor to render such services for the Project as set forth in
this Agreement.
3. TERMS
3.1 Scope of Services and Term.
3.1.1 General Scope of Services Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, food, services, and incidental and customary work
necessary to fully and adequately supply the Fair Housing Services necessary for the Project
( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2010 to June 30,
2011, unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates: Independent Contractor The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of City and shall at all times be
under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "A" attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor's conformance with the Schedule, City
shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to Applicable Requirements All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel Contractor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Contractor may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and Contractor
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Contractor at the request of the City. The key personnel for performance of this Agreement are
as follows: Frances Espinoza, Executive Director.
3.2.5 City's Representative The City hereby designates City Manager, or his or
her designee, to act as its representative for the performance of this Agreement ( "City's
Representative'). City's Representative shall have the power to act on behalf of the City for all
purposes under this Agreement. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
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3.2.6 Contractor's Representative Contractor hereby designates Frances
Espinoza, Executive Director, or her designee, to act as its representative for the performance
of this Agreement ( "Contractor's Representative "). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, Contractors and other staff
at all reasonable times.
3.2.8 Standard of Care: Performance of Employees Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the calling necessary to
perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the
term.of this Agreement. As provided for in the indemnification provisions of this Agreement,
Contractor shall perform, at its own cost and expense and without reimbursement from the City,
any services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the Contractor
or its sub - contractors who is determined by the City to be uncooperative, incompetent, a threat
to the adequate or timely completion of the Project, a threat to the safety of persons or property,
or any employee who fails or refuses to perform the Services in a manner acceptable to the City,
shall be promptly removed from the Project by the Contractor and shall not be re- employed to
perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Services. If the Contractor performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising therefrom. In the eventthat the City is
required to reimburse the Federal Government as a result of a determination, after audit, that
Contractor has misused funds, Contractor shall pay City all disallowed sums. Contractor shall
defend, indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability
arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance
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3.2.10.1 Time for Compliance Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Agreement. Such insurance shall meet at least the following
minimum levels of coverage:
(A) Minimum Scope of Insurance Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any
auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation
insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance Contractor shall
maintain limits no less than: (1) General Liability: $3,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used, either the general aggregate limit shall apply separately to
this Agreement/location or the general aggregate limit shall be $3,000,000; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor
Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily
injury or disease.
3.2.10.3 Insurance Endorsements The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying
coverage. Any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Contractor's insurance and
shall not be called upon to contribute with it in any way.
(B) Automobile Liability The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents
and volunteers shall be covered as additional insureds with respectto the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
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volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the
Contractor's insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid underthe terms of
the insurance policy which arise from work performed by the Contractor.
(D) All Coverages Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.4 Separation of Insureds; No Special Limitations All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Deductibles and Self- Insurance Retentions Any deductibles
or self- insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self- insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.6 Acceptability of Insurers Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.7 Verification of Coverage Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions forthe safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
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scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Retention of Records and Reports. The Contractor shall maintain the
following records and reports to assist the City in maintaining its record keeping requirements:
3.2.12.1 Records.
(A) Documentation of the income level of person and /or
families participating in or benefiting by the Contractor's program.
(B) Documentation of all CDBG funds received by City.
(C) Documentation of expenses as identified in the Bid.
Contractor must establish and maintain, on a current basis, an adequate accounting system in
accordance with generally accepted accounting principles and standards and OMB Circular A-
87. All expenditures must be documented by receipts, invoices, canceled checks, inventory
rerecords, or other appropriate documents for non - personnel cost, and time records for
personnel costs, which completely discloses the amount and nature of the expenditures.
(D) Any such other related records as City shall require.
3.2.12.2 Reports.
(A) Payment Request.
(B) Quarterly Performance Report. Contractor shall
submit to the City every three (3) months, quarterly reports, which shall be a statement
describing the steps and approaches taken to meet the specified goals. This report shall
include a project activity statement and shall include any program income, any joint funding, and
nonexpendable and expendable personal property purchased or leased with CDBG funds.
These reports must trace the CDBG funds award to a level of expenditure adequate to establish
that such funds have not been used in violation of the restrictions and prohibitions of applicable
law.
(C) Final Evaluation Report. Contractor shall annually
make available for inspection its performance, financial and all other records pertaining to
performance of this Agreement to authorized City and HUD personnel, and allow said personnel
to inspect and monitor its facilities and program operations, including the interview of Operation
Agency staff and program participants as required by the City. The Contractor agrees to submit
all data that are necessary to complete the Annual Performance Report in accordance with HUD
requirements and no later than fifteen (15) days prior to the expiration of this Agreement.
(D) Any such other reports as the City shall require.
3.2.13 Program Income. Contractor shall comply with the program income
requirements set forth in §570.504 (c). At the end of the Agreement expiration /termination,
Contractor shall remit all any program income balances (including investments thereof) held by
Contractor (except those needed for immediate cash needs, cash balances or a revolving loan
fund, cash balances from a lump sum drawdown, or cash or investments held for section 108
security needs).
3.2.14 Reversion of Assets. Upon the expiration of the Agreement, Contractor
shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds, including any real property under the
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Contractor's control that was acquired or improved in whole or in part with CDBG funds
(including CDBG funds provided to the Contractor in the form of a loan) in excess of $25,000 is
either:
(i) Used to meet one of the national objectives in §570.208 until five
years after expiration of the Agreement, or for such longer period of time as determined to be
appropriate by City; or
(ii) Not used in accordance with paragraph (b)(7)(i) of §570.503, un
which event the Contractor shall pay to the City an amount equal to the current market value of
the property less any portion of the value attributable to expenditures of non -CDBG funds forthe
acquisition of, or improvement to, the property. The payment is program income to the City (No
payment is required after period of time specified in §570.503(b)(7)(i)).
3.2.15 Uniform Administrative Requirements. The Contractor shall comply with
applicable uniform administrative requirements as described in 24 C.F.R. 570.502.
3.2.16 Compliance with Applicable Laws. Contractor agrees to comply fully with
al applicable federal, State and local laws, ordinances, regulations, and permits, including but
not limited to federal CDBG financial and contractual procedures, and OMB Circular Nos. A -87,
A -133, and A -110 with Attachments A, B, C, F, H, N, and O, as set forth in 24 C.F.R 570.502(b).
Said federal documents are on file at the City, and are incorporated herein by reference. The
Contractor shall secure any new permits required by authorities herein with jurisdiction overthe
project, and shall maintain all presently required permits. The Contractor shall ensure that the
requirements of the California Environmental Quality Act are met for any permits or other
entitlements required to carry out the terms of this Agreement.
3.2.17 Political Activities. The Contractor is prohibited from using funds provided
herein or personnel employed in the administration of the program for political activities as
defined in C.F.R 570.207(a)(3), lobbying, political patronage, and nepotism activities.
3.2.18 Affirmative Action Policy.
3.2.18.1 Provisions of Program Services
(A) Contractor shall not on the ground of race, color,
national origin or sex, exclude any person from participation in, deny any person the benefits or,
or subject any person to discrimination under any program or activity funded in whole or in part
with CDBG funds.
(B) Contractor shall not under any program or activity
funded in whole or in part with CDBG funds, on the ground of race, color, national origin, or sex:
1. Deny any facilities, services, financial aid or
other benefits provided the program or activity..
2. Provide any facilities, services, financial aid or
other benefits which are different or are provided in a different form from that provided to others
under the program or activity.
3. Subject to segregated or separate treatment
in any facility in, or in any matter or process related to receipt of any service or benefit under the
program or activity.
4. Restrict in any way access to, or in the
enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
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5. Treat an individual differently from another in
determining whether the individual satisfies any admission, enrollment, eligibility, membership,
or other requirement or condition which the individual must meet, in order to be provided any
facilities, services or other benefit provided under the program or activity.
6. Deny an opportunity to participate in a
program or activity as an employee.
(C) Contractor may not utilize criteria or methods of
administration which have the effective of subjecting individuals to discrimination on the basis of
race, color, national origin, or sex, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to individuals of a
particular race, color, national origin, or sex.
(D) Contractor, in determining the site or location of
housing or facilities provided in whole or in part with CDBG funds, may not make selections of
such site or location which have the effect of excluding individuals from, denying from the
benefits or, or subjecting them to discrimination on the ground of race, color, national origin, or
sex, or which have the purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto.
(E) In administering a program oractivityfunded in whole
or in part with CDBG funds regarding which the Contractor has previously discriminated against
persons on the grounds of race, color, national origin or sex, the Contractor must take affirmative
action to overcome the effects or prior discrimination.
Even in the absence of such prior discrimination, a
Contractor in administering a program or activity funded in whole or in part with CDBG funds
should take affirmative action to overcome the effects of conditions which would otherwise result
in limiting participation by persons of a particular race, color, national origin or sex. Where
previous discriminatory or usage tends on the ground of race, color national origin, or sex to
exclude individuals from participation in, to deny them the benefits or, or to subject them to
discrimination under any program or activity to which CDBG funding applies, the Contractor has
an obligation to take reasonable action to remove or overcome the consequences or the prior
discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964.
Contractor shall not be prohibited by this part from
taking any eligible action to ameliorate an imbalance in service or facilities provided to any
geographic area or specific group of persons within its jurisdiction where the purpose of such
action is to overcome prior discriminatory practice or usage.
(F) Notwithstanding anything to the contrary in Section
3.2.18.1 (A) -(E) nothing contained herein shall be construed to prohibit any Contractor from
maintaining or constructing separate living facilities or rest room facilities for different sexes.
Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial
services can properly be performed by a member of the same sex as the recipients of the
services.
3.2.18.2 Employment Discrimination
(A) Contractor shall not discriminate against any
employee or application for employment because of race, color, religion, sex, national origin,
age, familial status or handicap. Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, national origin, age, familial status or handicap. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer,
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recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of
compensation and selection for training including apprenticeship. Contractor agrees to post in a
conspicuous place available to employees and applicants for employment, notices setting forth
the provisions of this non - discrimination clause.
(B) Contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin, age,
familial status or handicap.
(C) Contractor shall send to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract
or understanding, a notice to be provided by City's contracting officers advising the labor union
or workers' representative of Contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notices in a conspicuous place
available to employees and applicants for employment.
(D) Contractor shall comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(E) Contractor shall furnish to the City all information and
reports required by Executive Order 11246 or September 24, 1965, and by the related rules,
regulations, and orders.
(F) In the event of Contractor's failure to complywith any
rules, regulations, or order required to be complied with pursuant to this Contract, City may
cancel, terminate, or suspend in whole or in part its performance and Contractor may be
declared ineligible forfurther Government contracts in accordance with procedures authorized in
Executive Order No. 11246 or September 24, 1965, and such other sanctions as may be
imposed and remedies invoked as provided in Executive Order No. 11246 or September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(G) Contractor shall include the provisions of Section
3.2.18.2(A) -(F) in every sub - contract or purchase order unless exempted by rules, regulations,
or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246
or September 24, 1965, so that such provisions will be binding upon each subcontractor rider as
the City may direct as a means of enforcing such provisions including sanctions for non-
compliance. Provided, however, that is the event Contractor becomes involved in, or is
threatened with, litigation with a sub - contractor or vender as a result of such direction by the
City, Contractor may request the United States to enter into such litigation to protect the interest
of the United States.
(H) Contractor shall not discriminate on the basis of age
in violation of any provision of the Age Discrimination Action of 1975 (42 U.S.C. 6101 et seq.) or
with respect to any otherwise qualified handicapped individual as provided in Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(1) Contractor shall also provide ready access to and
use of all CDBG fund assisted buildings to physically handicapped persons in compliance with
the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and
with the requirements of the Americans with Disabilities Act (ADA).
3.2.18.3 Remedies. In the event of Contractor's failure to comply
with any rules, regulations, or orders required to be complied with pursuant to this Agreement,
City may cancel, terminate, or suspend in whole or in part its performance and Contractor may
be declared ineligible for further government contracts and any such other sanctions as may be
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imposed an remedies invoked as provided by law
3.2.19 Ineligibility of Contractors. Contractor shall not use CDBG funds directly or
indirectly in its operations or to comply, award contracts to, or otherwise engage the services of,
or fund any contractor during any period of debarment, suspension, or placement in ineligibility
status of any contractor under the provisions of 24 C.F.R. Part 24.
3.2.20 Assignability. Contractor shall not assign or transfer any interest in this
Agreement, whether by assignment, delegation or novation, without the priorwritten consent of
City; provided, however, that claims for money due or to become due to Contractor from City
under this Agreement may be assigned to a bank, trust company or other financial institution, or
to a trustee in bankruptcy, without such approval. Any assignment, delegation or novation other
that as provided above shall be void, and inoperative. Notice of any proper assignment or
transfer shall be promptly furnished to City.
3.2.21 Conditions for Religious Organization. Contractor shall comply with all
applicable conditions prescribed by HUD for the use of CDBG funds by religious organization if
Contractor is a religious organization.
3.2.22 Licensing. Contractor agrees to obtain and maintain all licenses,
registrations, accreditation and inspections from all agencies governing its operations.
Contractor shall ensure that its staff shall also obtain and maintain all required licenses,
registration, accreditation and inspections from all agencies governing contractors funded
hereunder.
3.2.23 Conflict of Interest. In the procurement of supplies, equipment,
construction, and services by contract, the conflict of interest provisions in Attachment O of OMB
Circular No. A -110 and 24 C.F.R. 570.611 shall apply.
3.2.24 Other Program Requirements. Contractor shall carry out contract activities
in compliance with all Federal laws and regulations described in subpart K of the CDBG
Regulations, except the following:
(i) Contractor does not assume the City's environmental
responsibilities described at §570.504; and
(ii) Contractor does not assume City's responsibility for initiating the
review process under the provision of 24 CFR part 52.
3.3 Fees and Payments.
3.3.1 Compensation Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement. The total
compensation shall not exceed $25,000.00.
3.3.2 Payment of Compensation Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since
the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
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3.3.3 Reimbursement for Expenses Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, butwhich
the parties did not reasonably anticipate would be necessary atthe execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages Contractor is aware of the requirements of California
Labor Code Section 1720, et seg., and 1770, et sec ., as well as California Code of Regulations,
Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the project site. Contractor shall defend, indemnify and hold the City,
its elected officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement This Agreement may be terminated by either
party without cause upon thirty-(30) day's written notice. City shall be responsible for payment
for work performed prior to the time such notice is given, but not for work performed after the
notice if given, unless such work is requested in writing by City after the notice of termination. .
3.5.1.1 Suspension and Termination. In accordance with 24 CFR
85.43, suspension or termination may occur if Contractor materially fails to comply with any term
of the Agreement, and that the Agreement may be terminated for convenience in accordance
with 24 CFR 85.44.
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3.5.1.2 Effect of Termination If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose.
CONTRACTOR:
Housing Rights Center
520 S. Virgil Avenue, Suite 400
Los Angeles, California 90020
Attn: Frances Espinoza, Executive Director
CITY:
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Attn: Michelle G. Ramirez, Economic Development Administrator
Such notice shall be deemed made when personally delivered orwhen mailed, forty -eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.5.3 Compliance with Federal and State Law and Certification and Assurances.
Contractor stipulates that it understands that the funds for this Contract are originally provided
by the Federal Government and that consequently the expenditure of these funds.is subject to
specific requirements set forth in various Federal regulations and agreements between the City
and U.S. Department of Housing and Urban Development.
In particular, this Agreement is subject to requirements contained in 24 Code of Federal
Regulations Part 570 and Title I of the Housing and Community Development Act of 1974 and
its amendments.
CONTRACTOR and City agree to cooperate to the fullest extent possible to insure compliance
with all Federal requirements. Contractor further warrants that it will comply with the following
requirements:
(A) Compliance with Section 3 of the Housing and Urban Development Act of 1968.
(B) Requirements relating to equal employment opportunities..
(C) Requirements relating to the maintenance of a drug -free workplace.
(D) Compliance with Federal Labor Standards.
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(E) Requirements forbidding interests of certain Federal officials.
(F) Compliance with the Clean Air Act, as amended, 42 USC 1857 et seq., the
Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq., and EPA regulations in
40 CFR Part 40, as amended.
(G) Requirements forbidding interests in this Contract by City and local government
officials.
(H) Compliance with program income and property management standards as
defined in Federal Office of Management and Budget Circular A -102.
(1) Program income -Transfers of grant funds by the City to the Contractor shall be
adjusted according to the principles described in 24 C.F.R. 507.504 (b)(2)(1) and (ii). Any
program income on had when this agreement expires, or received after this Agreement's
expiration, shall be paid to the City as required by Section A -15 of this Agreement and 24 C.F.R.
507.503(b).
(J) Compliance with applicable uniform administrative requirements as described in
24 CFR Part 570.502(a) and (b).
(K) Compliance with all Federal laws and regulations described in 24 CFR Part 570 at
Subpart K of these regulations except that:
1. The Contractor does not assume the City's environmental
responsibilities described at Section 570.604 of 24 CFR Part 570.
2. The Contractor does not assume the City's responsibility for
initiating the review process under the provisions of 24 CFR Part 52.
(L) Upon expiration of this Agreement, the Contractor shall transfer to the City any
Community Development Block Grant (CDBG) funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. Any real property under the
Contractor's control that was acquired or improved in whole or in part with CDBG funds in
excess of $25,000 must be either: (1) used to meet one of the National Objectives in Section
570.91 of 24 CFR Part 570 until five years after the expiration of this agreement; or (2) disposed
of in a manner that results in the City being reimbursed in the amount of the current fair market
value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the
property.
(M) Other Federal Acts applicable to projects funded with Community Development
Block Grant Funds.
3.5.4 Ownership of Materials and Confidentiality
3.5.4.1 Documents & Data: Licensing of Intellectual Property This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require all
subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for
any Documents & Data the subcontractor prepares under this Agreement. Contractor
represents and warrants that Contractor has the legal right to license any and all Documents &
Data. Contractor makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals otherthan Contractor or provided to Contractor by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
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sole risk.
3.5.4.2 Confidentiality All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Contractor in
connection with the performance of this Agreement shall be held confidential by Contractor.
Such materials shall not, without the priorwritten consent of City, be used by Contractor for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.5 Cooperation; Further Acts The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney's Fees If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.7 Indemnification Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees,
agents, Contractors and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Contractor
shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits,
actions or other legal proceedings of every kind that may be brought or instituted against City, its
directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy
any judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials,
officers, employees, agents or volunteers.
3.5.8 Entire Agreement This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.9 Governing Law This Agreement shall be governed by the laws of the
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State of California. Venue shall be in Los Angeles County
3.5. 10 Time of Essence Time is of the essence for each and every provision of
this Agreement.
3.5.11 City's Right to Employ Other Contractors City reserves right to employ
other Contractors in connection with this Project.
3.5.12 Successors and Assigns This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.13 Assignment or Transfer Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.14 Construction: References: Captions Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.5.15 Amendment: Modification No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.16 Waiver No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.17 No Third Party Beneficiaries There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.18 Invalidity: Severability If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competentjurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.19 Prohibited Interests Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
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Contractor further agrees to file, or shall cause its employees or subcontractors to file, a
Statement of Economic Interest with the City's Filing Officer as required under state law in the
performance of the Services. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising there from.
3.5.20 Equal Opportunity Employment Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Contractor shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.21 Labor Certification By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.22 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.23 Counterparts This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be
executed by their duly authorized representatives. This Agreement is effective as of July 1,
2010.
CITY OF ROSEMEAD HOUSING RIGHTS CENTER
BY: BY: i J,
'Jeff Allred 61Z T I - WWTA
City Manager Exeebitlye E)i G t G
ty 9 PRFSiDr =NT OF IHF-
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Attest:
By — I aU A
Gloria Molleda
City Clerk
Appro, as to For
B�
Joseph M. Montes
Burke, Williams & Sorensen, LLP
City Attorney
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EXHIBIT A
SCHEDULE OF SERVICES
CITY OF ROSEMEAD
PRIVATE OR NON - PROFIT COMtii IUNITY SERVICE ORGANIZATION
Request for Funding — Fiscal Year 2010 -11
Name of Organization: Housing Rights Center
Address: 520 S. Virgil Avenue, Suite 400 Los Angeles CA 90020
Executive Director. Frances Espinoza
Contact Name: Frances Espinoza
Telephone: (213) 387 -8400 ext. 35
Fax: (213) 381 -8555
Email: fespino hrc- la.org
Purpose of Organization:
The Housing Rights Center's purpose is to promote equal opportunity in housing. We do this through by
offering City of Rosemead residents services from our four key areas: (1) Discrimination Complaint
Investigation, (2) Enforcement and Legal Services, (3) Landlord/Tenant Counseling, and (4) Education
and Outreach. (Please also see attached Proposal.)
Enter "X" by the appropriate designation: X Non -profit Organization For - profit organization
Enter "X" by all that apply: _A faith -based organization _An institution of higher education
— _X _Not Applicable
TOTAL UNDUPLICATED CLIENTS RECEIVED:
(Please Complete Attached Backup — Performance Report) FY 07 -08 158
FY 08 -09 164
(Est.) FY 09 -10 160
ROSEMEAD 2009 -2010 FINANCIAL SUPPORT: $25,000
AGENCY TOTAL BUDGET FOR FISCAL YEAR 2010 -11: $1.5 6M
2010 -2011 FINANCIAL REQUEST FROM CITY OF ROSEMEAD: $25,000
Page 1 of 10
_..... _.- . ......... _.. _ ..... ............ .
1. State the Agency's mission, goals and major objectives. In addition, describe programs designed to
meet goals and objectives. Attach any recent evaluations of programs or needs assessments.
Mission Statement: The Housing Rights Center's mission is to actively support and promote fair
housing through education and advocacy, to the end that all persons have the opportunity to secure the
housing they desire and can afford, without discrimination based on their race, color, religion, gender,
sexual orientation, national origin, familial status, marital status, disability, ancestry, age, source of
income, or other characteristics protected by law.
Goals: (1) HRC will assist a minimum of 160 Rosemead residents with housing discrimination and
landlord/tenant concerns; (2) At least 10% of Rosemead clients will be assisted in languages other than
English; and, (3) At least 85% of Rosemead residents who complete an evaluation about a Rosemead
housing rights workshop will rate the information provided as being useful.
Objectives: To educate /inform as many Rosemead residents as possible about the fair housing laws.
Programs designed to meet goals and objectives:
1. Documentation of Activities
HRC's comprehensive intake database includes a reporting component that makes the production
of statistics and other diagnostic data accurate and efficient. Statistical reports will include all
demographic and complaint issue data, which will facilitate the analysis of trends and emerging needs.
We also track all our outreach activities in a database that allows us to track our activities by event type.
2. Documentation of Discrimination Complaints
HRC will continue our practice of maintaining complete and organized case files. Our case files
adhere to a strict format, which facilitates case management and review. Case files include all relevant
documents and materials produced in the investigation and resolution of our cases.
2. Briefly explain any new programs or services to Rosemead residents during FY 2009 -2010. Are any
planned for FY 2010 -2011?
In 2008 /09, HRC designed our fast newsletter for property owners and managers. The newsletter
included explanations to the most frequently asked questions by rental property owners. HRC translated
the newsletter into Chinese and Spanish and distributed it throughout Rosemead. The newsletter was well
received so HRC plans to continue this service for property owners in 2010/11.
3. How are clients referred to your agency?
City Hall, HRC Website (www.hrc- la.org), Phone Book, Outreach Events, Community Organizations,
word -of- mouth.
4. List and explain any major changes in funding patterns or expenditures.
There have not been any major changes in funding patterns or expenditures.
Page 2 of 10
5. List major sources of funding and the amount (i.e. cities, county, state, federal, fundraising, etc.).
09/10
Alhambra
$28,200
09/10
Baldwin Park
$15,000
09/10
Carson
$30,096
09/10
Culver City
$21,151
09/10
E1 Monte 1/1/10 - 6/30/10
$12,600
09/10
Glendale
$15,000
09/10
Hawthorne
$40,800
09/10
Inglewood
$57,300
09/10
Lancaster
$25,100
09/10
Los Angeles
$411,253
09110
Los Angeles Coun
$136,150
09/10
Montebello
S20
09/10
Monterey Park
$25,000
09/10
Oxnard
$28,200
09/10
Palmdale
$26,520
09/10
Pasadena
S60
09/10
Pasadena Mediation
$40,000
09/10
Pico Rivera
$20,000
09/10
Pomona
$30,000
09/10
Redondo Beach
$23,620
09/10
Rosemead
$25,000
09/10
Ventura City
$9,000
09/10
Ventura Co
$45,887
09/10
West Covina
$15,000
09/10
Whittier
$25,000
09/10
Attorney Fees/Registration from
Training Seminars
$250,000
6. What facilities in Rosemead are used to conduct services?
HRC conducts Fair Housing and Housing Rights Workshops at the Garvey Community Center.
7. The proposed Community Service would be provided to:
Mark each that apply
X Low and Moderate- Income persons or households
Abused Children
X Handicapped Persons
Illiterate Persons
Battered Spouses
X Homeless Persons
Migrant Farm Workers
X Elderly Persons
8. How many Rosemead citizens do you project will benefit from your program/project 160
Page 3 of 10
9. Provide a specific example or case study of a client that exemplifies how program objectives were
achieved during the past year: (Attach additional pages if necessary)
The HRC recently resolved a case involving a Rosemead client who is legally blind. The resident had
lived at her current address for over ten years. The resident contacted HRC asking for assistance with a
60-day notice to vacate that she received. The resident told us that she wanted to remain a tenant at the
property. After reviewing her documents, HRC realized that her notice was served a month earlier than
she originally stated, and the notice was just days from expiring. HRC immediately contacted the
manager of the apartment building and made a request for a reasonable accommodation on behalf of the
client. Specifically, HRC requested that the manager rescind the notice to vacate and allow the client to
continue as a tenant The manager said that as long as the resident followed the rules of the property she
would be allowed to stay. The manager signed an agreement granting the accommodation. HRC's helped
this client retain her housing.
10. Has your organization conducted the proposed activity before? Yes X No
11. Describe your organization's experience with CDBG
The Housing Rights Center has over 20 years of experience working with CDBG grants to provide fair
housing services to local cities and counties. These cities and counties conduct annual programmatic and
financial reviews. HRC has always received excellent reviews.
12. Total number served in prior years funded by the City of Rosemead
Page 4 of 10
CITY OF ROSEMEAD
PERFORMANCE REPORT FOR FISCAL YEAR 2008 -2009
SUMMARY OF DIRECT BENEFIT ACTIVPTIES
Please count number of and licated rsons
White
Black not
Hispanic
Asian or
American
SUB -TOTAL
Female
not of
of
Pacific
Indian or
Head of
Hispanic
Hispanic
Islander
Alaskan
Household
0ri '
orig
Native
Above Low Income
1
3
4
81% or Higher of
3
1
8
15
26
1
Median Income
Low Income 80%
4
1
27
16
7
54
4
of Median Income
Very Low 50% of
2
7
10
4
1
17
3
Median Income
Extremely Low
3
8
28
15
11
57
13
Income 30% of
Median Income
Unknown/Other
Total
158
21
CITY OF ROSEMEAD
PERFORMANCE REPORT FOR FISCAL YEAR 2008 -2009
SUMMARY OF DIRECT BENEFIT ACTIVPTIES
Page 5 of 10
Please count number of duplicated persons
White
Other
Hispanic
Asian or
American
SUB -TOTAL
Female
not of
Pacific
Indian or
Head of
Hispanic
Islander
Alaskan
Household
Ori
Native
Above Low Income
'
81% or Higher of
4
1
4
4
13
2
Median Income
Low Income 80%
2
1
22
9
34
7
of Median Income
Very Low 50 %, of
7
7
25
6
1
46
3
Median Income
Extremely Low
9
8
33
20
1
71
11
Income 30% of
Median Income
Unknown/Other
Total
164
23
Page 5 of 10
CITY OF ROSEMEAD
PERFORMANCE REPORT FOR FISCAL YEAR 2009 -2010 (ESTIMATEI
SUMMARY OF DIRECT BENEFIT ACITVITIES
I
Page 6 of 10
Please count number of duplicated persons
White
Other
Hispanic
Asian or
American
SUB -TOTAL
Female
not of
Pacific
Indian or
Head of
Hispanic
Islander
Alaskan
Household
origin
Native
Above Low Income
81% or Higher of
4
1
4
4
13
Median Income
Low Income 80%
2
1
22
9
34
7
of Median Income
Very Low 50% Of
7
6
25
6
1
45
3
Median Income
Extremely Low
9
5
33
20
1
68
] 1
Income 30% of
Median Income
Unknown/Other
Total
160
21
Page 6 of 10
13. Proposed Program Budget — FY 2010 -2011
ll_l__.
Page 7 of 10
CDBG SHARE
OTHER SOURCES
Personnel Wages
Personnel Fringe Benefits
Sin le Audit
T esting/Tester Trainin
$
$
$
$
19,047
2,233
60
158
$
$
$
$
1,089,108
197,501
7,000
20,000
Travel/Mileage
$
70
$
14,930
Rent/Stora e
$
900
$
97,800
Office /Public Info Su lies
$
422
$
24,578
E ui /Cam uter Consultant
$
893
$
38,896
Phone
$
600
$
26,900
Posta e
$
160
$
23,840
Insurance
$
300
$
14,700
PI Internet
$
57
$
4,443
ubscri /Tn Mt
$
100
$
7,000
OTAL
$
25,000
$
1,566,696
Page 7 of 10
TOTAL OPERATING BUDGET EXPENSES
Use Whole Dollars Only
"Employee Payroll Taxes ": These would increase in 2010/11 if HRC is awarded a FHIP grant from the
U.S. Department of Housing and Urban Development We applied for a grant but have not yet heard
whether we have been awarded one.
"Prof & Consultant Fees These fees would increase due to increased testing that would be conducted
under a FHIP project
"Telephone & Fax ": This decreased because HRC changed providers and combined phone and DSL
service. By doing this we receive a large monthly discount on our bill.
Page 8 of 10
A
Most
Recent
Fiscal Year
2008/2009
B
Current
Operating
Year
20092010
C
Proposed
Budget July
1, 2010 to
June 30,
2011
D
Percent
Chan e"
Expense
Salaries
986,043
1=25,500 010700
1089V14,OOO 108
775%
Employee Benefits
103 31 4
54%
Employee Payroll Taxes
81,374
.5%
Prof & Consultant Fees
20,300
.0%
Supplies
16,820
0%
Telephone &Fax
27 500
.6%
Posta e & Shi in
14 700
0%
Occupancy & Utilities
96
95,000
97 800
L 2. 95%
Rental & Maint Of Equip,
20 860
20,000
2011100
0%
Printing & Publishing
10
9,500
9,500
0%
Travel and Transportation
9
8,500
8,500
0%
Conferences
3
4,000
4,000
0%
S ecMc Assist. To Individuals
41
42,000
42,000
0%
Membership Dues
Awards & Grants
Insurance
14 000
13,000
14 000 T
7.7%
Misc. Ex enses
11 485
9,850
9 787
-0.64
Transfer to Other Funds
Dues to National Or anizations
TOTAL EXPENSES
1,457 506
1 472 0o0
1,566,696
6.43%
"Employee Payroll Taxes ": These would increase in 2010/11 if HRC is awarded a FHIP grant from the
U.S. Department of Housing and Urban Development We applied for a grant but have not yet heard
whether we have been awarded one.
"Prof & Consultant Fees These fees would increase due to increased testing that would be conducted
under a FHIP project
"Telephone & Fax ": This decreased because HRC changed providers and combined phone and DSL
service. By doing this we receive a large monthly discount on our bill.
Page 8 of 10
++This amount is not guaranteed as HUD has not released the names of FHIP grant
recipients yet If HRC is not awarded a grant, we will not hire staff to fill positions
under the FHIP funded project
The -26% change in "All Other Revenue': this figure is mostly attorney's fees in cases HRC litigates. Our
case load has decreased significantly in the past year so we estimate that we will recover far less in
attorney's fees in 2010/11.
Page 9 of 10
A
Most
Recent
Fiscal Year
200 8-2009
B
Current
Operating
Year 2009-
2010
C
Proposed
Budget
July 1, 2010 to
June 30, 2011
0
Percent
Chan e'
Public Support
Contributions
Foundations & Private
Grants
Fundraisin /S ecial Events
9,825
10,000
10,000
0%
Legacies and Bequests
Other Federated Or g.
United Wa
Misc. Organizations
Other
Subtotal
9,825
10,000
10,000
0%
Government
Federal
++160,419
State
Local
1,215 785
1 0
1 211 277
0.47
Subtotal
1,215 758
1 ' 000
1 371 693
12.7%
Other Revenue
Membershi Dues
Program Services Fees
Investment Income
Transfer from Other Fund
All Other Revenue
250
250
185
- 26.0%
Subtotal
250,000
250,000
185,000
- 26.0%
TOTAL REVENUE
1,475,583
1,477 000
1
6.0%
++This amount is not guaranteed as HUD has not released the names of FHIP grant
recipients yet If HRC is not awarded a grant, we will not hire staff to fill positions
under the FHIP funded project
The -26% change in "All Other Revenue': this figure is mostly attorney's fees in cases HRC litigates. Our
case load has decreased significantly in the past year so we estimate that we will recover far less in
attorney's fees in 2010/11.
Page 9 of 10
I HAVE BEEN AUTHOIZED TO SUBMPP REQUEST FOR FUNDING
S16ature Name
Executive Director
Title
(213) 387 -8400 ext. 35
Phone Number
Housing Rights Center
Organization
January 14, 2010
Date
Page 10 of 10
Part I
Qualifications and Experience
A. Mission Statement and Organizational History
The Housing Rights Center (HRC) is Southern California's largest non -profit civil rights
organization dedicated to securing the right to equal access in housing. HRC's mission is to
actively support and promote fair housing to the end that all persons have the opportunity to
secure the housing they desire and can afford, without discrimination based on their race, color,
religion, gender, sexual orientation, national origin, familial status, marital status, disability,
ancestry, age, source of income, or other characteristics protected by law.
Following the currents of rigorous social reform, the Housing Rights Center was founded
in 1968, the same year Congress passed the Fair Housing Act. The Fair Housing Act committed
all govemments, federal, state, and local, to the goals of equal access in housing. HRC has
addressed the challenges of housing discrimination without interruption since that time, and
continues to expand and diversify its services and programs to meet the growing needs and
ever changing issue of fair housing. HRC has mobilized a highly effective and diverse staff
reflective of the communities we serve. We have the capacity to provide fair housing services
in seven language: English, Armenian, Cantonese, Korean, Mandarin, Russian and Spanish.
B. Type of Client Complaints Handled
HRC investigates housing discrimination complaints brought under both State and
Federal fair housing laws. From January 1, 2009 to December 31, 2009, HRC received 1,901
housing discrimination inquiries. We opened and thoroughly investigated 438 housing
discrimination cases. (Figure 1)
re 1
Housing Discrimination Complaints -2009
DiscrimGeneral Arbitrary Color
0
Sexual Info Age 1% <1% Familial Status
Orientation Sourceoflncome 11% 20 9%
2% 1%
Gender
Religion
1% Marital Status
Race 1 %
10%
Mental Disability
11%
National Origin
4%
In our investigations of the 438 cases, we found sufficient evidence of discrimination to
warrant enforcement activity in 68 %. Regarding the outcomes of our investigations, we
successfully conciliated 41% of our cases, which typically meant that that client was able to
retain their housing and 3% were referred to our legal department.
Housing Rights Center Page 1 of 5
November 10, 2009
Part II
Programs and Serv
A. Housing Discrimination Complaint Services
The Housing Rights Center's Investigations Department conducts thorough and efficient
investigations with the goal of achieving the most favorable results available for our clients.
1. Inquiries
In order to screen our calls for fair housing issues, our Counselors are trained to ask
basic questions that are likely to reveal potential discrimination without prompting the caller to
prematurely identify discrimination as the cause. When the Counselor suspects discrimination
may be a factor in the callers problem, the Counselor will complete the Discrimination Inquiry
components of the intake database, in which we obtain contact and site information, as well as
demographic information about the client.
The Counseling Director then refers the inquiry to the Director of Investigations (MOI'),
who will review the basic allegation and assign the inquiry to one of several Case Analysts
( CA'O. The CAs then conduct a more thorough phone interview with the client who has alleged
discriminatory practices. If the CA determines there is cause to suspect discrimination has
occurred or is occurring, he or she will schedule an intake interview with the client.
2. Housing Discrimination Complaints
a. Discrimination Case Intake
Our intake form gives us a comprehensive picture of the rental scenario and is the first
step toward launching an investigation. The intake form includes all contact information for the
client, demographic data, and tenancy information. Key information about the complaint
address is also gathered, including the names and addresses of the owner, management
company, and on -site manager, whether the building is rent controlled or stabilized, the number
of vacancies in the building (useful for testing), and how units at the complaint address are
advertised for rental or sale. Finally, the intake form requires that the client provide a signed
narrative of his or her experience, which describes the alleged discriminatory practice or
practices in context and in chronological order. Upon completion of the intake, a case number
is assigned and the CA and DOI meet again to discuss case investigation strategy.
b. Case Investigation
HRC uses five (5) principal methods when investigating complaints of housing
discrimination. While paired testing and surveying are the most common, all methods can be
an important part of gathering evidence and each is used as appropriate.
I. Testing: Every effort is made to initiate testing in cases where it
is appropriate as soon as possible after intake. Typically, this is within 2 or 3 days of the initial
complaint. A concerted effort is made to test immediately in complaints by a prospective renter
of a refusal to rent. We have designed standardized report forms to elicit information gathered
during tests. The forms require testers to provide a comprehensive narrative of their experience
in addition to detailed specific information. The Case Analyst then compares and analyzes the
reports.
ii. Surveys: When testing of the kind described above is not
possible or appropriate, for example because there are no vacancies or because the allegation
is by an in -place tenant complaining of harassment, we will often conduct surveys of other
tenants at the complaint address. This is often the case where the apartment building has only
a small number of units and tenant turnover is minimal. We seek comprehensive information
from those surveyed about their tenancy, as well as their general impressions about the
Housing Rights Center page 2 of 5
November 10, 2009
conditions at the complaint address, with specific attention to the issues raised in the complaint.
When other tenants of the same protected class as the client report similar treatment, surveys
provide strong evidence of a pattern or practice of discrimination and become invaluable in
conciliation efforts and /or settlement negotiations.
iii. On -site Visits: On -site visits by HRC staff can be an important
investigative tool when the physical conditions of the rental premises are at issue. This is often
the case in an investigation of alleged disability discrimination. Physical evidence, such as
photographs and diagrams, will verify the lack of an accommodation, such as a ramp, and the
feasibility of installation.
iv. Witness Statements: Clients frequently have witnesses who can
verify elements of their allegation. We interview the witness and document the information
they provide in signed and dated declarations. As with surveys, this sort of corroborating
evidence is key in subsequent efforts to resolve the housing issue.
V. Document requests and review: When building a case, we
seek to maintain a complete file of the tenant and landlord's interaction. We will obtain rental
+ agreements, advertisements, notices, and any correspondence that has been exchanged. We
also conduct respondent property searches. This helps us determine whether there are other
testing options, which can assist in establishing a pattern and practice of discrimination.
C. Findings
Once we have concluded our investigation, we make a determination about the strength
of the evidence that corroborates the client's allegation of discrimination, assigning the case one
of three possible findings. The strongest finding, "Sustains Allegation" (SA), is given to those
cases for which we have obtained sufficient evidence to pursue diligent advocacy and /or legal
remedies for the client. When the evidence we have obtained partially supports the allegation,
or is otherwise inadequate for us to take further steps, we designate a finding of "Inconclusive
Evidence" (IE) of discrimination. When our investigation reveals that the complaint lacked merit
as a fair housing violation, we make a finding of "No Evidence of Discrimination" (NED).
d. Resolution of Compliant
If our investigation finds evidence supporting the allegation of discrimination, we work
with the client to achieve his or her goal. At the intake interview, the CA will have explained
the available options to the client and determined the client's goals. This fundamental question
drives the investigation, and results in our office pursing one of the following actions:
L Conciliation
This is often our first step in trying to resolve the problem. When conciliating a
complaint, we act as advocates for the client. Typically, we contact the respondent by letter
and detail the basis of the allegation, the results of our investigation, the applicable law, and a
proposed solution. If the client's goal is to secure the housing at issue, this will be our first
priority. These "demand letters" give the respondent an early opportunity to avert further
action. It also serves to put the respondent on notice that HRC has and will continue to
intervene on the client's behalf.
Occasionally, a respondent is unaware that a violation of fair housing law has occurred
and is willing to make a good faith effort to correct the problem. We obtain that assurance in
writing and continue to monitor the situation. When the client feels that the issue is resolved,
the case is closed as "Successfully Conciliated" (SC).
There are times, however when a respondent is unwilling to consider conciliation. As
before, we present the client with his remaining options. If there is strong evidence of
discrimination, we encourage the client to consider legal remedies.
Housing Rights Center Page 3 of 5
November 10, 2009
ii. Referral to an Attorney and Continued Investigation
When we have gathered evidence sustaining an allegation of discrimination, and the
respondent has been unwilling to conciliate the matter or the client's stated goal is litigation, we
pursue the appropriate legal remedies. HRC's Legal Department is able to represent clients in
federal and state fair housing litigation. When the alleged discrimination practice implicates
housing policy or gives HRC an opportunity to highlight an issue of particular importance, HRC
will join as a plaintiff.
B. Enforcement and Legal Services
HRC will maintain a legal department staffed with three attorneys licensed to practice
law in state and federal courts, as well as a legal assistant to support the department with its
filing and case management needs.
The legal department will provide the following services:
a. Legal Representation: The department will provide legal
representation to clients and to HRC when evidence exists to support a meritorious claim of
housing discrimination.
b. Investigation support: The department will provide case analysis of
discrimination complaints and guidance in investigation strategy for HRC's Investigation
Department staff as needed.
C. Staff Training: The department will conduct periodic training of
investigation and counseling staff members on fair housing, predatory lending, and other
housing law issues of note.
d. Management Training: The department will conduct management
certification trainings for housing industry professionals.
C. General Housing and Tenant /Landlord Referrals
HRC provides telephone and in -person counseling to both tenants and landlords
regarding their respective rights and responsibilities under California law and local city
ordinances. For example, staff members commonly cite specific civil codes that pertain to the
client's matter and /or provide sample letters that discuss a particular issue. Tenant/landlord
counseling not only facilitates housing -rights education of residents, but also serves to empower
them in their efforts to achieve fair housing for themselves and in their communities. In our
database, we refer to these calls as "resolved" since we have provided the caller the
information required to resolve the issue on their own.
When Counselors determine that a particular client's matter is outside the scope of our
agency's services, we provide appropriate referral information. Using referral books compiled
by HRC, staff members provide clients with agency names, phone numbers, and addresses in
that client's locality. These referral lists are updated regularly to verify that the services
continue to be provided. These agencies include, but are not limited to local housinc
authorities, health and building & safety departments, and other social service providers.
D. Fair Housing Outreach Services
HRC will implement a citywide fair housing Outreach Program that will create greater
public awareness of fair housing throughout the City and address specific needs of the
protected classes listed in federal, state, and local fair housing laws. HRC will facilitate large
citywide outreach activities and increase the opportunities for media exposure while also
focusing resources on targeted outreach regarding specific issues.
1. Housing Rights Workshops
HRC will host two Housing Rights Workshops in Rosemead. The housing rights
workshops include a comprehensive fair housing presentation, a discussion about common
Housing nights Center rage 4 or
November 10. 2009
r
forms of housing discrimination and a question and answer session. At these presentations, we
will distribute agency literature to which participants can refer when specific issues arise.
2. Development and Distribution of Materials
HRC staff will develop and distribute materials in the City that describe how housing
injustices arise, the applicable laws that protect against housing discrimination and ways to
prevent housing inequity. Our materials and programs will be offered to a variety of audiences
such as housing professionals (e.g., landlords, property managers, and realtors), tenants,
prospective homebuyers, city employees, and other non - profit organizations. Depending on the
audience, the written materials will be translated by HRC staff and volunteers into Armenian,
Cantonese, Mandarin, Korean Russian or Spanish. Materials will be distributed during
neighborhood visits and mailings throughout the City ensuring that all residents have access to
fair housing information and services.
3. Fair Housing Presentations
HRC will provide fair housing presentations in Rosemead at sites throughout the City
and in collaboration with local programs and services. Our programs will be offered to a variety
of audiences such as housing professionals (e.g., landlords, properly managers, and realtors),
tenants, prospective homebuyers, city employees, and other non -profit organizations.
Depending on the audience, the presentations can be conducted by Center staff in Armenian,
Cantonese, Korean, Mandarin, Russian or Spanish.
The fair housing presentations entail an overview of fair housing laws, a discussion
about common forms of housing discrimination and a question and answer session. HRC
increases its effectiveness at these events by soliciting feedback in the form of evaluations that
ask about fair housing issues addressed, presentation format, materials provided and overall
program.
.4. Property Management and Landlord Training
HRC also holds monthly Fair Housing Certification Training seminars for housing industry
professionals at our main office in Los Angeles. These seminars are tailored to provide detailed
analysis of fair housing law and interpretation, with specific information on discrimination
against families with children, people with disabilities, sexual harassment, hate crimes, and
advertising.
S. Booths
HRC will staff booths at community festivals, apartment owners' association annual
events, college events and other events as they occur. We have developed eye - catching poster
boards and banners that have proven helpful in drawing attendees to our booths.
6. Media
HRC will use all media tools available to publicize fair housing and HRC's services. HRC
will contact local media outlets and request that they publish or air public service
announcements (PSA's'l about fair housing laws and HRC's services.
7: Special Events
HRC will conduct our annual Housing Rights Summit in April that will bring together fair
housing groups, social service providers, community members, and government entities to
address fair housing and other related issues, such as immigration, community development
and affordable housing. Persons not directly involved in fair housing will bring a fresh
perspective to ways of addressing fair housing impediments and gain a new understanding of
connections between fair housing and other issues.
8. Collaborative Efforts
HRC will also continue to actively participate in several coalitions. Specifically, we will
continue our role on the Los Angeles Times Fair Housing Advertising Task Force and with Call to
Action.
Housing Rights Center Page 5 of 5
November 10, 2009
ATTACHMENT B
09/16/2010 10:57AM
5 %0 S. Virgil Ave- Suitc'}p0
Via U.S. Mail
August 17, 2010
Re: mom
Diauriminatinn at nn failure to pnwiahe
Rexsunable Accommodation
Dcar 4mmft
p.2
i us ,gnec.Ics. _ 9 7 o
�AN. 213 -301 0555
The Housing; RLLhts (:enter (I IRC) is a private, non- prolij agenry, contracted by City of Roseme.nd,
ihr City and County of Los Ange ts, :,net various other cities, to tnvnnligate and faciGlntu lhu resolution of
housing discriminarion complaints and io pzcmide educanun, counschng and legal services Lu hadividuals who
e.J.'trimicc discnrninanoa in housing.
1'Urrunult to oar cou¢mcL with RnWCmead, our office conducLed dis;IMliry discrimination audit which
iucludcd reIrrhone testing at � ( "the subject property „ ) to assess whether or not individuals
with disabillrirs "sing service athnhials esperimned discrimivaLOn whun inquiring, about properties for roil.
T'cicphunc n•sring is an investigative Luul which involves having nidividuals inquire by telephone about s
property for renr and analyzing then vxperienecs.
On January 27, 2010, AM- curiducted a relrphpnc test at Llic subject property. The tester” 10111
Lks agent rhnr answered the phuue that vhr. was looking for s. unil I1,r herself and her companion
dog Aqftrespondcd by saying that pejs wnrc not allowed at the property. Thr jester went on to explain that
the dog had been pr (scribed by her doc.I, . Ift s:dd that she would need io npcak to `�', w•ho we
assume is yon, Will mated rhac she would call 1hr. ktKtcr back The tester provnlr.,i 4 1M vnth lie(. phvuc
number, but to dWJc, h-s not received a call back.
Please be miviscd thawookflilurc to call the tester back after learning of her need to reside with a
prescribed eemp:u ion ani -mil may b: con trucd as evidenre. of discthniauliuu: un the hasis of rini :iliry-,
npc•cificnlly, tie ftdlurc to waive::'. "oo pets" policy as a reasunahlc arcnmmudatinn ror all ixicLividual who Uses
A service or mmpaliiuu muirnal.' 'I - he Putpose of this letter is to advise you of the L.iu lwusinl; laws that
pmhihir discriminat g7itlA in ivtdnals with disabiliucs who usc service or conhpathtuu s, 11als, and
demand rhar you conform your rental pracrices to these laws.
1 Testers, who are frequently utilized by I11tC and other firir housing organizations in order 1u uncover evidence of
housing discriwilmtion, have standing to sue housing providers in court for violating iliu fair housing laws. ,cc
Huvem Realty Corp. v. Coleman, 455 U.S. 36 (198- Furthermrv'e, 14RC as an organization elan has ss:nselhag lu sue
housing, providers in court fur violating the thir housing bless. '
h The outright refs :al of an accommodation is not required. The failure R, respund to an accommodation ruyuust
ulsu violates the law.
ruo N. r. ;I:rc):.4
.�.('..A 9110 5'. ii .ti .5rpulr fS 1,.1, ! L.•.I u
lcze ) i ?t uzn I .:,q,.. y .:;�..C� <•uupi
09/16/2010 10:57AM
tl 1 llicah[r. /.ciao
Onr pnrpnse. of this Inner is ro infrr•m ynrr shntrr the current laws prnhihicing disn•iminatinn in
housing so that you and your aganrs will Fully comply with all nrrrenr snare and federal fair housing lawg.
please note, the fcder l Fair Housing Arncndmcnrs Air ( "FHAA'), 42l I.S.C. 3604, has prnhihired disahiliry
diaerituula Lion since 1953. TI. provides in pertinent pan that it is nnlawfirl:
(1) To do:cnnuoarc iu 11w... n:nlal, or to otber%rise make unavailable or deny, a dwellinq to
ally ... renrer because. of eI luuohcap rd* Ilri ...rentrT,...Ur tiny person associated with that
...renter.
(2) To eIL C111l Lill tL Le a&risl. any person to r1w rerms, rnndirinns, or privileges of... rental of a
dwelling, or in the pruvislvn of scrviuca or faulittcs in connccnon •vtth such dwelling, heratasr of
a handicap of that person; or —any persvn assucittLed with that. person.
(3) For purposes of this subsection, drsrsarrruanuu rhrcludes ... a rrfittal !n make reasonable
are :ammodvtiani in rules, policies, practices, or nervices, when such accoulirrudntiuus Inly be
neressary rn affnrd such person equal opportunity to use and enjoy a dwelling
42 U.S.C.. § 3604(1)(1), (f)(2), and (f)(3) (emphasis added).
The California Fair Fmpinemenr and I tnusing Act ( "pLIL"I') contains similar prohibitions, staling in
pertinent part. that it is unlawful:
(.) F'or IIIV ounn•r of anv housing accommodation to discriminate against or harass any person
bm.tusn ul the ... dixahihly of Ihal person
(c) For any person to makr....or ransr to br made... any notice, statement, nr advertiseurehr L,
With respect to the sale or renra.l of a housing, ncrnmmodation that indicates any preference,
litlritat1011, or discrimination based on ... dlsahiliry or an intention to make that preference,
lutriuldou, yr discrimination.
CAL. GOO. CODE � 1295$(a) and (c).
Moreover, the Unruh Civil Fillhls Act provides:
03)(1) Individuals with disabilities shall be cntitud to full Mud equal access, m other mr:mbers of
the general public, to all housing accormuodKUuna ullerud for rent., lLiISC, or <:umpcnsation in
this state, suhjcct to the conditions and Innrlxnoos nslablislrcd lay law, ur state or federal
reghlirion, and applicable alike to all persons...
.A.ny person renting, leasing., or othcmisc providing real properl for coroprnsaik)ri
shAl riot n./urr to nwAr reasonable acrommodationr in rules, policies, practices, or services, when I hoar.
arroni*nutLdions rnav be necessary to afford indivi with M thsability equal opportunity to use
and viijoy Ihr. prrmisrs.
(13)(6)(A) It shall be deemed a. denial of equal access to housing accommodations within ale
nlcatritrg of this subdivision for any pr.nson... ro refoisr it., In sc or rent housing acconnuoda Lluns
to ...an lhrrhvldu'a1 midi any... dl9ahlllty on the bari.r that the iodiriitua/ uret the iovices ofa wwre dig, or
to refuse tv perimt such aI1 individual... with any othrr diFability to keep a Sit"niv dq oil lberremisel.
p.3
C,w... Cn'. Cc OE 54.1(b)(1) and (b)(6)(A) (eaaphasis adder]).
09/1612010 10:58AM
Several courts have explicitly aLa LUd that au uxuupuon Ina "no pets" policy wonM ryn:ilify as a
reasonable accommodation. ,Sue, c,p.,,•inbnrn I l Homeowner. A. ri it n I "stir h.'mplaymew & Horerink Giim., I . ^•.'I
C':al. App. 4rh 1578 ( 21')(13) (California C.'curt of Appeal rultlt4; kdluwl1115 plahtulfuntdontiniurn resid(nrs to
keep companion :primal to lessen the effect-, of their disabihLies): limn. v. Ineirben, 54 F.3d 4 25, 429 (7th Cir.
199.5) (halanre.rl against landlord's economic or aesthetic ewmeritx as uxpressc'd ilk a no -pcta policy, deaf
tenant's nrr i Fnr arcnmmndatinn of hearing dog is per se retsonahle).t
Conclusion
As evidenced by I1RCs audit, Annie's actions may violate the fait housing Laws. Such a violauou uxpuscs you
to liability. 14'lryo i� Ho /4 7 S3'/ U.S. 280, 282-46 (2003) (monage.ment company and owner or prop nut be
held vicariously liable COr die diacritrunalory conducr of rhmr ngents). Based on the audit result, we rcyuusL
that you and any individurds itrvulvud ht the opemnon and managernent of the subject properly •AUCUJ it Nkur
T Tnusing Certification Tiar iiig provided by the Housing Right-, Center, at a cost not CG exeoud $150 per
person. The tc.urting, certified by the Calilbruia Dgiart ncnr of hair Rmploynnent and I lousing, provides
honeing prnviders with an ovetvieav of lair ltuusiilir laws and other valnahle infrninarion uschd to laousita}
provides. Failnre to educate youtsclf and your agents of fair housing law purl you ar higher risk of lawsuits
and /or administrative rharges in the future.
MCasc coma W.r .tar ar 1 -81)0- 477 -5977 ext 21 for infonrtaitu*e about upcoming Fair Ilousing
CerLLllcauuu Traininks dntc. Yon may also want to refer dais letter In your al omry.
11w,k yceu for your attention in this matter
Sincerely,
A ,W,
Itrrnt SalLndu
Case AUalysl.
Set alto, HIM v. DW 2 FH -FL RpLr. TT 25, 124 and 26. 058 (HUD Office of AT•7s 1997)(deoisiun favoring
Lenuol who roeuivod "significant emotional supporL from his Ipet] cat "); C7r, v Ilousnag Aulh., 994 F. Supp. 1253
(D. (Dr. 1998)(summary in favor of a deaf tentud. who waatud to keep a hearing -ear clop); P'ulciniti v.
Villtrge o1,Vhaeiyerrla Condo. ,4.'n, 1999 U.S. Dist. LEXTS 23450 ( W.D. Pa. Nov. 20, 1999) (defendant
condominium ussuuiution had not presented any evidence suggesting that the tenatls assistive anima) created a
Ihreal or disturbance, and therefore violated the FHA by f iilimg to provide a reasonable accommodation); Fr✓chimun
v. Chive Gzeculive Tomwhe,mer Flumevivner's Ass S; 2007 U.S. Dist. LEXIS 81 125 (C.D. Cal. 2007) (providing in an
entry of a Pi eliminruy I ojuncliun that a common interest development with a nn dog ruh+ would allow ii resident to
I<ucp 11 dug as an emotional support animal on the premises).
M
09/162010 10:58AM
A(;RFF.NIF.N'f
TFu r. ig an Agreernenr hrrurrn ( °Rrspondcnr" ), anti ncc Housing Rig; is Ccnlcr
I c}!'e nljny Ibo 4'Ills11 plol.wIl) Lnpwu a;; � i0 Ihr ('-it.% or Rosemead, CA 91770 (':r,ubjecr
pn,l:crt%' °i.
TERMS
1 R rr..�,pnllCnt; :1 }�, I'rr nql Ih Ili,rrltnina 1p ill !Fu- rental ol'hr.ulsinp <m thv h4e'.1!I nr 1lsnhllii V QI';1 nV (11 her
pr IT( rrrd rla =si fl ra rron unri er law.
'_. A ilhin si:ul (60) Qal s rrunl Ihr dsur. Ilais al,rc(!rTlcnl is fially cscculaQ Iho Rcspundcnt: altrcc I,u tilICUt]
I lair 11011sing Train in offcrr.d by nc(! I lousing RiRh rs Ccnlcr at a cosr of'$I60 per persurl.
4. V11hnI :,sly (60) d.wn Iro,o Ihw tl;llc llw: � n: hilly :mit.w.ed LIm Resp'ntdents :three', to po..a :t
)apnrl rl uvll
if II::II' Idl 111 lVlucl ll will Ho mql, 1411 hou. poster at. the abovc mcntloned ploperrv,
runnitrnl%,,g hr.r poln.a to Inll;, lu <luuldled len:lntr• Without rceard to disability, or ant' otlwr
pl'Ilu't.lotl t L,snl l lul l lrn ,1'10.1 Lau.
Ll,is r:I n:r „dll hr rinsed npnn t•rrifir,arion of Rrspnn corrlpli:Irlcc with the ;ibovu- Ltdc.d tunas.
The Respondent acknowledges that they have entered into tbis agreement volun.ral and rbar they
are aware they have the right to consult their own, separate counsel re>;arrding the ter'n's of this
agrrrr¢ rut. This Agre.•ement constitutes the entire agrcevnent between the parties and may not be
rnndi fird extent by an agreement in writing signed by the parties.
Untc
.. I')ate - -
P.5
I Ina::ui}'- 9 ighl: (.enr( Rrpraecnwd lac luoa Salgado Darr.
ATTACHMENT C
iZo S. Virgil Ave.., Suite - foo
Los Arrseles; CA qoo Lo
Re:
Dear
The Housing Rights Center (HRC) is a private, non -profit agency, contracted by the City
of Rosemead . and the City and County of .Los Angeles, among other cities, to investigate and
facilitate the resolution of housing discrimination complaints and to provide education,
counseling and legal services to individuals who experience discrimination in housing.
In pursuit of its mission to affirmatively promote fair housing, HRC conducts random
audits throughout the greater Los.Angeles area to test for discriminatory practices in the rental
housing market, including discriminatory advertising practices. On January 7, ?010 HRC
conducted such an audit, utilizing a telephone test, at Rosemead, a
property we understand you to own. The audit produced evidence of discrimination based on
disability, specifically, the failure to accommodate individuals who use companion animals.
During the telephone test, our tester spoke to 4 4'. Our tester explained to4ift that
she was interested in the studio apartment at the above mentioned address for her.and her
companion dog. In. response, 4M told our tester that they didn't allow pets. Our tester offered
to show the prescription for the companion dog, but_ told our tester that under no
circumstances do they allow pets.
As an attempt to resolve this matter, I placed a call tolbn October 25, 2010 and
informed him about our findings and informed him that tenants with disabilities are. legally
entitled to a waiver of no pets policies as reasonable accommodations for their disabilities. I
asked him to attend a Fair Housing Certification Training provided by the Housing Rights
Center. In response 46 statcd "I'm not interested in the training".
Please be advised that the failure to waive a "no pets" policy to accommodate an
individual with a companion dog is a violation of state and federal fair housing laws. See, 42
U.S.C. §3604(f (3)(B); Cal. Civ. Code §12955; Cal. Civ. Code §54,1(b)(6)(A).. See also, .Auburn
ie!o ti.t=ar�L>aln �.c_ _. __ - -_ - -__ _ 1 . —.._. _. _.._. ._. }•ta- $. $�p:,I�eJ., �fv�_ $ee.is cs
,.,. CA'no., L•.gpgdc.,Lq o,ya
Woods l Homeowners Assn v. Fair Employment & Housing Com., 121 Cal. App. 4th 1578
(2004) (California Court of Appeal ruling allowing plaintiff condominium residents to keep
companion animal to lessen the effects of their disabilities); Frechtman v. Olive Executive
Townhomes Homeowner's Assn, 2007 U.S. Dist. LEXIS 81125 (C.D. Cal. 2007) (providing in
an entry of a Preliminary Injunction that a common interest development with a no dog rule
would allow a resident to keep a dog as an emotional support animal on the premises). See also,
HUD v. Dutra, 2 FH -FL Rptr. % 25, 124 and 26, 058 (HUD Office of ALJs 1997)(decision
favoring tenant who received "significant emotional support from his [pet] cat "); Green v.
Housing Auth., 994 F. Supp. 1253 (D. Or. 1998)(summary judgment in favor of a deaf tenant
who wanted to keep a hearing -ear dog),- Fulciniti v. Village of'Shadyside Condo. Assn, 1998
U.S. Dist. LEXIS 23450 (W.D. Pa Nov. 20, 1998) (defendant condominium association had not
presented any evidence suggesting that the tenant's assistive animal created a threat or
disturbance, and therefore violated the federal Fair Housing Act by failing to provide a
reasonable accommodation).
In light of our audit results, we request that you, �, and any other individuals
involved in the operation and management of the property attend a Fair
Housing Certification Training provided by the Housing Rights Center, at a cost not to exceed
$150 per person. The training, certified by the California Department of Fair Employment and
Housing, provides housing providers with an overview of fair housing laws and other valuable
information. Failure to educate yourself and your agents of fair housing law puts you at risk of
lawsuits and/or administrative complaints in the future.
I have enclosed a conciliation agreement for your review and signature. Please sign the
conciliation agreement and mail or fax it to me by November 15, 2010. HRC will close this
matter once all the conditions in the conciliation agreement are met. Please note that the failure
to agree to attend training may result in HRC's filing an administrative complaint against you
with the California Department of Fair Employment and Housing and/or a referral of this matter
to our litigation department.
Please contact me at 1 -800- 477 -5977 ext: 21 for information about upcoming Fair
Housing Certification Trainings date. You may also want to refer this letter to your attorney.
Thank you for your attention in this matter. y
iyy
Sincerely,
Irma Salgado
Case Analyst
0-
2
AGREEMENT
This is an Agreement between �M`Respondent "), and the Housing Rights Center
regarding the rental property known as Rosemead, CA 91770 ( "subject
property ").
TERMS
1. Respondent agrees not to discriminate in the rental of housing on the basis of disability, or any
other protected classification under law.
2. Respondent agrees to send a letter to all his managers and agents letting them know that it is
her policy not to impose additional fees (including, but not limited to pet deposits or increased
security deposits) on disabled individuals who require a service or companion animal.
3. Within sixty (60) days from the date this agreement is fully executed the Respondent agrees to
send any individuals involved in the operation and management of the subject property,
including himself, to a fair housing training offered by the Housing Rights Center at a cost of
$150 per person.
4 Within sixty (60) days from the date this agreement is fully executed the Respondent agrees to
post a Department of Fair Employment and Housing fair housing poster at the above -
mentioned property, confirming his policy to rents to qualified tenants without regard to
disability, or any other protected classification under law.
This case will be closed upon verification of Respondent's compliance with the above -listed terms.
The Respondent acknowledges that they have entered into this agreement voluntarily and that they
are aware they have the right to consult their own, separate counsel regarding the terms of this
agreement. This Agreement constitutes the entire agreement between the parties and may not be
modified except by an agreement in writing signed by the parties.
Respondent — Authorized Agent fo
Housing Rights Center — Represented by Irma Salgado
Date
Date