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HomeMy WebLinkAbout99-245 Resolution No. 99-245 RESOLUTION AUTHORIZING EXECUTION OF A CONCILIATION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Conciliation Agreement on behalf of the City of Elgin with the United States of America Department of Housing and Urban Development and complainants Jose Lopez, Agustin and Diana Lopez, Antonio and Benita Jaime, Reymundo Canales and Ana Martinez, Manuel and Maria Soto, Genoveva Rebollar, Ricardo and Maria Jimenez and respondent City of Elgin in settlement of complaints filed under the Federal Fair Housing Act, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 22 , 1999 Adopted: September 22 , 1999 Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Case Nos. 05-98-1514-8; 05-98-1517; 05-98-1519-8 05-98-1520-8; 05-99-0228-8; 05-99-0394-8; & 05-99-0762-8 42 U.S.C. Section 804 (b) (Section of Fair Housing Act allegedly violated) CONCILIATION AGREEMENT between THE UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and JOSE LOPEZ 435 ADDISON STREET ELGIN, IL 60120 and AGUSTIN & DIANA LOPEZ 439 ADDISON STREET ELGIN, IL 60120 and ANTONIO & BENITA JAIME 304 NORTH LIBERTY STREET ELGIN, IL 60120 and REYMUNDO CANALES & ANA MARTINEZ 215 HILL AVENUE ELGIN, IL 60120 and MANUEL & MARIA SOTO 766 WING STREET ELGIN, IL 60123 and GENOVEVA REBOLLAR 40 SOUTH UNION STREET ELGIN, IL 60123 and RICARDO & MARIA JIMENEZ 1131 ASH DRIVE APT 3 ELGIN, IL 60120 and CITY OF ELGIN 150 DEXTER COURT ELGIN, IL 60720 Complaints having been filed on October 9, 1998, October 14, 1998, October 20, 1998, November 3, 1998, December 4, 1998, February 3, 1999 and May 14, 1999 under the Federal Fair Housing Law of 1968, as amended, and the matters having been conciliated between the parties hereto, it is agreed that a settlement be entered into under the following terms and conditions. GENERAL PROVISIONS 1. The parties acknowledge that this Agreement is a voluntary and full settlement of the disputed complaints. No party has been coerced, intimidated,threatened, or in any way forced to become a party to this Agreement. The parties have read and fully understand the significance of the terms set forth herein. 2. The complainants allege that the City of Elgin ("the City" or"Respondent"), through its Department of Code Administration employees, has engaged in a pattern or practice of discrimination on the basis of national origin and/or familial status in violation of the Fair Housing Act, as amended. In particular, the complainants allege that the City has discriminated against Hispanics in its enforcement of the occupancy provisions of the Property Maintenance Code of the City of Elgin ("Housing Code") that restrict the number of people permitted to occupy a dwelling. The City has adopted by reference the provisions of the BOCA National Property Maintenance Code/1996 ("BOCA Code") as its property maintenance code. Complainants allege that the City's enforcement adversely affects Hispanic families with children because Hispanics are more likely to have larger families. Complainants further allege that City inspectors enter into homes at unreasonable times demanding access for inspections without seeking permission. Several complainants allege that City inspectors who do not speak Spanish have entered into complainants' homes for inspections without permission from occupants who do not speak fluent English. It is further alleged that the City has discriminated against Hispanics in adopting and enforcing a residential rental licensing ordinance and targeting enforcement of various provisions of the City's Property Maintenance Code, including the occupancy provisions. Specific actions of City inspectors alleged to be discriminatory include entering properties without permission, citing tenants and owners for overcrowding when, according to the BOCA National Property Maintenance Code/1996 Commentary (the "BOCA Commentary"), the units are not overcrowded, and repeatedly inspecting dwellings after the occupants have complied with code violation notices. The Respondent denies each of the foregoing allegations. The Respondent further denies that the Department of Code Administration has discriminated on the basis of national origin and/or familial status in violation of the Fair Housing Act when enforcing the provisions of the City's Property Maintenance Code and Rental Residential Property Licensing Ordinance. The Respondent further denies that City inspectors have conducted interior inspections of dwellings without first obtaining consent to do so from the occupants. The Respondent expressly maintains that it has complied with all federal laws and regulations and all other applicable provisions of law. However, the parties desire to avoid further investigation and possible litigation and agree the disputes should be resolved 2 by this Conciliation Agreement. It is understood that this Agreement does not constitute an admission by the Respondent of any violation of the federal Fair Housing Act or any other provision of law. 3. Respondent acknowledges that retaliating against any person because that person has made a complaint,testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act is prohibited under Section 818. 4. For the purpose of this Agreement, the Secretary of the United States Department of Housing and Urban Development shall determine whether the Respondent has complied with the terms of this Conciliation Agreement. Whenever the Secretary has reasonable cause to believe that the Respondent has breached the Conciliation Agreement, the Secretary shall refer the matter to the Attorney General of the United States. Before such referral, the parties shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Agreement. 5. The Respondent agrees that its agents, employees, successors, and all persons in active concert or participation with respondent will refrain from engaging in any activity or practice, or from maintaining any policy or procedure,that: a) Makes unavailable or denies a dwelling unit to any person because of national origin or familial status; b) Discriminates against any person on the basis of national origin or familial status in the terms, conditions or privileges of the rental or sale of a dwelling or in the provision of services in connection with the rental or sale of a dwelling; c) Makes, prints, or publishes statements with respect to the rental or sale of a dwelling unit that indicates a preference, limitation, or discrimination based on national origin or familial status; or d) Interferes with persons in their exercise of, or on account of their having exercised or enjoyed, or on account of their having aided other persons in the exercise or enjoyment of rights protected by the Fair Housing Act. GENERAL RELIEF 6. Until such time as the City may elect to amend its ordinances to provide a different standard governing the maximum occupancy limitations for dwelling units,the Respondent agrees that its agents, employees, successors, and all persons in active concert or participation with the City shall not enforce any limitation on the number of persons who may occupy a dwelling that is more restrictive than the standards set forth in Section 405 of the BOCA Code. Respondent agrees that the calculation of the maximum occupancy of a dwelling unit pursuant to Section PM-405 of the BOCA Code will be determined by the 3 BOCA Code analysis examples depicted in Figure PM-405.5(1) and Figure PM-405.5(2) of the BOCA Commentary. 7. In enforcing the provisions of its Property Maintenance Code and inspecting residents' homes for same, the Respondent agrees that its agents, employees, successors, and all persons in active concert or participation with the City shall: a) Not select any dwelling for inspection based on the national origin and/or familial status of its occupants; b) Conduct all inspections in accordance with local, state, and federal law; c) Develop a written permission slip, in both English and Spanish, authorizing interior residential inspections, explaining the resident's rights, and informing the resident of possible follow-up inspections; d) Obtain written permission from residents with recognizable Spanish surnames before conducting an interior residential inspection, except in situations where a warrant has been issued or the resident or owner has scheduled an inspection with the City or the inspection,is being conducted as a follow-up to a previously authorized inspection; e) Request the name and address of all persons complaining to the City regarding a possible violation of the City's Property Maintenance Code, although the City may still act on anonymous complaints; f) Not make any residential interior inspection in response to an anonymous complaint unless there is specific evidence which provides a reasonable basis to believe that the City's Property Maintenance Code is being violated; g) Conduct residential interior inspections only within the official duty hours of employees of the Department of Code Administration and Development Services unless a warrant has been issued authorizing an inspection outside the official duty hours or the resident or owner has requested an inspection outside the official duty hours; h) Not seek to revoke the rental license for a multiple family rental residential property solely because of occupancy violations in a particular unit; and i) Provide written notice of all alleged violations to any person accused of violating the City's Property Maintenance Code or related residential property and zoning codes; the notices shall inform the person of his or her right to appeal the allegations (including any right to judicial review) and describe the process for making an appeal. Any such notice provided to any person with a recognizable Spanish surname shall contain a statement written in Spanish advising the alleged violator that a City employee is available to translate the contents of City code 4 violation notices pertaining to the City's Property Maintenance Code or related rental residential property licensing ordinance or zoning ordinance. 8. For the duration of this Agreement,the City shall notify the United States Department of Housing and Urban Development(HUD) of any proposal it enacts or implements that requires a minimum amount of habitable floor space per person in a dwelling or otherwise restricts the total number of persons who may live in a dwelling based on its size or number of rooms. This notice shall be given at least thirty (30) days prior to enactment or implementation of such changes.Notwithstanding anything to the contrary provided herein, it is agreed and understood that this Agreement is not intended nor shall be construed to prevent or limit the City at any time from amending its existing ordinances regulating the maximum occupancy limitation for dwelling units, its existing property maintenance code, adopting a new property maintenance code or amending or adopting any other additional ordinances in the City's sole discretion, including without limitation, the adoption of the International Code Council's 1998 International Property Maintenance Code as the successor to the BOCA National Property Maintenance Code/1996, provided HUD receives the requisite thirty (30) day notice from the City prior to the enactment of any such ordinance. 9. The City agrees to amend its "Analysis of Impediments to Fair Housing Choice in the City of Elgin, Illinois", by way of addendum, to acknowledge that: several complaints have been filed with HUD by Hispanics alleging discrimination; the cases were settled by way of this conciliation; and the City will strive to overcome the perception that it discriminates against Hispanics by carrying out a program of commitment to fair housing as evidenced by fulfilling the provisions of this Agreement (the provisions to be listed in the addendum) and by incorporating other affirmative actions in this fair housing action plan as appropriate. EDUCATION AND TRAINING 10. Within ninety (90) days after this Agreement has been finalized, the City agrees to provide training on the requirements of the amended Fair Housing Act to all employees with responsibilities that relate to the implementation and enforcement of all zoning,housing, occupancy, or land use regulations. At a minimum,this training shall include the Community Development Manager, all Department of Code Administration and Development Services supervisors, all property maintenance code inspectors, and anyone reviewing or acting upon residential rental license applications. The training shall be conducted by a qualified person or organization selected by the City from the list of HUD- approved trainers appended to this Agreement. If, during the term of this Agreement,there are new hires or reassignments for the above positions, the City agrees that these persons will receive similar training. Provided, however, that any employee with the City's Department of Code Administration and Development Services that previously received the training contemplated in this Paragraph who is later transferred to a different position in that department shall not required to receive any additional training in that regard. Any expenses associated with the training described in this Paragraph shall be borne by the City. 5 All persons attending a training program pursuant to this Paragraph shall have their attendance certified in writing by the person conducting the training. 11. Within thirty (30) days after this Agreement is finalized, Respondent agrees to conduct and complete the following educational program for all employees identified pursuant to Paragraph 10: a) Furnish to each such employee or agent a copy of the Policy Statement appended to this Agreement which encompasses the elements of Paragraphs 5, 6, and 7 of this Agreement and to inform each such person, in person, of the duties of the City and its employees and agents pursuant to the Policy Statement; and b) Secure a signed statement from each employee or agent indicating that he or she has received, read, and understands the obligations placed upon the City and its employees or agents by the Policy Statement. 12. Respondent agrees that, for the duration of this Agreement, each new employee or agent identified pursuant to Paragraph 10 shall be given a copy of and required to read the Policy Statement, and sign a statement indicating that he or she has received, read, and understands the obligations placed upon the City and its employees or agents by the Policy Statement. Respondent agrees that this will occur within fourteen(14) days after the date he or she commences an employment or agency relationship with the City. 13. The statements and certifications prescribed by this Agreement shall be maintained in the office of Corporation Counsel at the City of Elgin. 14. The City of Elgin agrees that, within thirty (30) days of the execution of this Agreement, the City will conduct a meeting with the Elgin Board of Realtors explaining the Policy Statement referenced in Paragraph 11 of this Agreement and the City's analysis of maximum occupancy for a dwelling unit. INDIVIDUAL RELIEF 15. The City of Elgin agrees to compensate the individually named complainants who allege to have been harmed by the Respondent's allegedly discriminatory conduct. The City will compensate the named complainants pursuant to individual settlement agreements for each complainant. The terms of this Conciliation Agreement along with the terms of the individual release and settlement agreements shall constitute full settlement and satisfaction of all the claims and demands by the respective complainants arising out of the respective complaints filed with HUD in Case Nos. 05-98-1514-8; 05-98-1517-8; 05-98- 1519-8; 05-98-1520-8; 05-99-0228-8; 05-99-0394-8; and 05-99-0762-8. A blank form providing an example of the individual settlements is appended to this Agreement. 6 RECORD KEEPING 16. The City of Elgin agrees that, during the term of this Agreement, the City shall: a) Maintain a log of all interior inspections of residential property conducted by the City's property maintenance code enforcement inspectors. The log shall include the date of the inspection, address of the property, name of the owner, name of the occupant or tenant contacted during the inspection, officials involved in the inspection, the reason for the inspection, whether any code violations were discovered during the inspection, and the circumstances that led to the inspection, including the identity of any private citizen, if voluntarily provided after being requested by the City. b) Retain all property maintenance code inspection reports regarding interior inspections of residential property, irrespective of whether violations were found. c) Retain all documents related to the occupancy of residential dwellings within the City including,but not limited to, notices of violations of city or state codes; internal records of communications between code administration department employees and city officials; correspondence to landlords, residents, owners or managers or residential property; zoning letters; and all records of city council meetings in which topics related to the administration of the City's Property Maintenance Code were discussed. This documentation shall also include inter- office and intra-departmental memoranda, inspector notes, summary reports, records reflecting the institution and payment of fines or citations, legal documents (e.g. summonses and court notices), electronic and computer records, videotapes, audiotapes, and photographs. d) Maintain a written record of all complaints, written or oral, related to the City's inspection of residential property and the manner in which the complaints were addressed or resolved. REPORTING 17. Within ninety (90) days after this Agreement is finalized, the City of Elgin shall submit to HUD copies of all statements and certificates prescribed in Paragraphs 10, 11, and 12. This information shall be sent to: U.S. Department of Housing & Urban Development Barbara Knox, Director, Midwest HUB Office of Fair Housing& Equal Opportunity 77 West Jackson Blvd. Rm 2101 Chicago, IL 60604 7 18. Six (6) months after this Agreement is finalized, and every six (6) months thereafter for term of this Agreement, the City will submit to HUD a written report consisting of the following: a) Any statements or certificates signed pursuant to Paragraphs 10, 11 and 12 during the preceding six-month period; and b) Notice of the resignation, termination, or hiring of any employee or agent whose responsibilities relate to the enforcement or implementation of zoning, housing, occupancy, or land use ordinances and regulations. 19. During the term of this agreement, upon reasonable notice to counsel for the City of Elgin, representatives of HUD shall be permitted to inspect and copy all pertinent records of the City of Elgin at any and all reasonable times, provided, however, that HUD shall endeavor to minimize any inconvenience to the City from the inspection of such records. Any documents or other communications subject to the attorney-client privilege are expressly exempted from the requirements of this Paragraph. DURATION OF AGREEMENT 20. The term of this Agreement shall be two (2) years from the date of the signature of HUD HUB Director. 8 SIGNATURES (Date) C lainant Jose Lo.-z ,710 9 V AO . 21-26' (Date) Compl inant Agustin Lopez Ac (Date) Complainant Diana Lopez C--47.1-5'C.;---2-77 4- Z-)(9/A4 e (Date) Complainant Antonio Jaime 9 cbeinti- (Date) Complainant Beni a Jaime 7- 62z/ F Ife 4e- 44 er2-2-e-et-176// (Date) Com ainant Reymundo Canales —77 Ci/le 411(Date) Complainant Ana Martinez 7 /1DMpazi D7-0- (Date) Complainant Manuel Soto (Date) Complainant Maria Soto Pek (Date) Complainant Genoveva Rebollar Zo,e-,rife (Date) Complainant RicaYdo Jimenez ?` / ci9 / 14.170 m e nCZ (Date) Complainant Maria Jimenez - a9—/ (Date) Re 4.nde , City of Elgin Joyce A. Parker, City Manager Approved on behalf of the Secretary (Date) Barbara M. Knox, Director, Midwest HUB RELEASE AND SETTLEMENT KNOW ALL MEN by THESE PRESENTS that [HUD COMPLAINANT] of [HUD COM- PLAINANT'S ADDRESS], Illinois for [himself or herself] and [his or her] heirs, executors, and administrators and assigns, and all other related persons or entities (hereinafter referred to as the claimant), for and in consideration of the sum of [DOLLAR AMOUNT] ($X)CX.00), and the mutual undertakings of the claimant and the City of Elgin in the Conciliation Agreement between the U.S.Department of Housing and Urban Development, the City of Elgin and the claimant, the receipt of which is hereby acknowledged, do hereby Remise, Release and Forever Discharge the CITY OF ELGIN, an Illinois municipal corporation, its past and current officers, agents, employees and any related persons or entities and their successors and assigns, from any and all actions, claims, and demands whatsoever which claimant now has or may hereafter have on account of or arising out of U.S. Department of Housing and Urban Development Case No.[CASE NUMBER], as amended, and the inspection of the dwelling located at [COM- PLAINANT'S ADDRESS], Elgin, Illinois by City of Elgin code enforcement officers on or about [DATE OF ALLEGED VIOLATION], and any subsequent dates up to and including the date of this Release. As a further consideration for said sum claimant warrants that no promise or agreement not herein expressed has been made to claimant; that in executing this Release claimant is not relying upon any statement or representation made by the City of Elgin or its agents or servants concerning the nature, extent or duration of the damages, or concerning any other thing or matter, but is relying solely upon her own judgment and knowledge; that the above mentioned sum received by claimant in full settlement and satisfaction of all the aforesaid claims and demands whatsoever; that claimant is of legal age and competent to execute this Release; and that before signing and sealing the release, the claimant has fully informed herself of its contents and meaning and has executed it with full knowledge thereof. It is covenanted and agreed between the claimant and City of Elgin that this release and settlement is not to be construed as an admission of liability on the part of the City of Elgin and that this release and settlement agreement shall not be used by the claimant or any one on her behalf as a defense or estoppel in any action which is now pending or may be brought later by the City of Elgin against the claimant or[his or her] agents and servants. Witness my hand and seal this day of 1999. Claimant Witnessed before me this day of , 1999. Gordon Patterson, HUD Equal Opportunity Specialist City of Elgin Department of Code Administration and Development Services Fair Housing Act Policy Statement The City of Elgin and its Department of Code Administration and Development Services (Department) expressly prohibits its agents,employees,successors,and all persons in active concert or participation with the Department from engaging in any activity or practice, or from maintaining any policy or procedure,that: • Makes unavailable or denies a dwelling unit to any person because of race, color, religion, sex, familial status, disability or national origin. ► Discriminates against any person on the basis of race,color,religion,sex, familial status,or national origin in the terms, conditions or privileges of the rental or sale of a dwelling or in the provision of services in connection with the rental or sale of a dwelling; ► Makes, prints, or publishes statements with respect to the rental or sale of a dwelling unit that indicates a preference, limitation, or discrimination based on race, color, religion, sex, familial status, disability or national origin; or ► Interferes with persons in their exercise of, or on account of their having exercised or enjoyed, or on account of their having aided other persons in the exercise or enjoyment of rights protected by the Fair Housing Act. When enforcing the provisions of the City of Elgin Property Maintenance Code and inspecting residents' homes for same,the City of Elgin agrees that its agents, employees, successors, and all persons in active concert or participation with the Department shall: • Not select any dwelling for inspection based on the race, color, religion, sex, familial status, disability or national origin of its occupants; • Conduct all inspections in accordance with local, state, and federal law; ► Obtain written permission, utilizing a permission slip written in both English and Spanish, from residents with recognizable Spanish surnames before conducting an interior residential inspection, except in situations where a warrant has been issued or the resident or owner has scheduled an inspection with the City of Elgin; ► Request the name and address of all persons complaining to the City of Elgin regarding a possible violation of the City of Elgin's Property Maintenance Code, although the Department may still act on anonymous complaints; ► Not make any residential interior inspection in response to an anonymous complaint unless there is specific evidence which provides a reasonable basis to believe that the City of Elgin's Property Maintenance Code is being violated; • Conduct residential interior inspections solely within the official duty hours of Department employees unless a warrant has been issued authorizing an inspection outside the official duty hours or the resident or owner has requested that the Department perform an inspection outside the official duty hours. ► Not seek to revoke the rental residential property license for a multiple-family rental residential • property solely because of occupancy violations existing in a particular unit; and ► Provide written notice of all alleged violations to any person accused of violating the City of Elgin's Property Maintenance Code or related residential property and zoning codes;the notices shall inform the person of his or her right to appeal the allegations (including any right to judicial review) and describe the process for making an appeal. Any such notice provided to any person with a recognizable Spanish surname shall contain a statement written in Spanish advising the alleged violator that a Department employee is available to translate the contents of Department code vio- lation notices pertaining to the City of Elgin's Property Maintenance Code, Rental Residential Property Licensing Ordinance or the Zoning Ordinance. Further,until such time as the City of Elgin may elect to amend its ordinances to provide a different standard governing the maximum occupancy limitations for dwelling units, the City of Elgin agrees that its agents, employees, successors, and all persons in active concert or participation with the Department shall not enforce any limitation on the number of persons who may occupy a dwelling that is more restrictive than the standards set forth in Section PM-405 of the 1996 BOCA National Property Maintenance Code. The Department's agents, employees, successors, and all persons in active concert or participation with the Department shall calculate the maximum occupancy of a dwelling unit pursuant to Section PM-405 of the 1996 BOCA National Property Maintenance Code in accordance with the analysis examples depicted in Figure PM-405.5(1) and Figure PM-405.5(2) of the Commentary to the 1996 BOCA National Property Maintenance Code. The undersigned employee of the City of Elgin's Department of Code Administration and Development Services(Department)hereby acknowledges receipt of the Department's Fair Housing Act Policy Statement (Policy Statement); that he or she has read and understands the Policy Statement; and that he or she has been personally advised of both the Department's and his or her duties and obligations with respect to the Policy Statement. Dated: Department Employee's Printed Name: Department Employee's Signature: CHICAGO AREA AGENCIES THAT PROVIDE VARIOUS TYPES OF CIVIL RIGHTS TRAINING HOPE Fair Housing Center Lawyers' Committee for Better Housing, Inc. 2100 Manchester Road Bldg B #1070 407 S. Dearborn Street Suite 1075 Wheaton, IL 60187 Chicago, IL Bernie Kleina, Executive Director Yvonne Murray, Executive Director (630) 690-6500 Phone (312) 347-7600 Phone (630) 690-6586 Fax (312) 347-7604 Fax Interfaith Housing Center ACCESS Living 620 Lincoln Avenue 310 South Peoria Winnetka,IL 60093 Chicago,IL Gail Schecter, Executive Director Marca Bristo, Executive Director (847) 501-5760 Phone (312) 226-5900 Phone (847) 501-5722 Fax (312) 226-2030 Fax Leadership Council Illinois Department of Human Rights 111 W. Jackson Blvd. 12th FL 100 W. Randolph Street Chicago,IL 60604-3502 Chicago, IL Annie Pennick, President Carlos J. Salazar, Executive Director (312) 341-5678 Phone (312) 814-6239 Phone (312) 341-1958 Fax (312) 814-1436 Fax The John Marshall Law School Mayor's Office for People with Disabilities Fair Housing Legal Support Center 2102 W. Ogden Avenue 315 South Plymouth Court Chicago, IL Chicago,IL 60604 Paul Plantz, Project Manager Bill Caruso, Co-Executive Director (312) 744-7209 Phone (312) 987-2397 Phone (312) 744-3314 Fax (312) 427-9438 Fax South Suburban Housing Center 18220 Harwood Avenue Suite 1 Homewood, IL 60430 John Petruszak,Executive Director (708) 957-4674 Phone (708) 957-4761 Fax Chicago Lawyers' Committee for Civil Rights Under Law, Inc. 100 North LaSalle Street Suite 750 Chicago, IL Clyde E. Murphy,Executive Director (312) 630-9744 Phone (312) 630-1127 Fax