02-305 Resolution No. 02-305
RESOLUTION
RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH THE
UNITED STATES DEPARTMENT OF JUSTICE, THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE HOPE FAIR HOUSING CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby ratifies and approves the execution of a
Settlement Agreement by Corporation Counsel William A. Cogley on
behalf of the City of Elgin the United States Department of
Justice, United States Department of Housing and Urban
Development and the HOPE Fair Housing Center, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 11, 2002
Adopted: September 11, 2002
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
SETTLEMENT AGREEMENT
between
UNITED STATES DEPARTMENT OF JUSTICE
and
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
and
HOPE FAIR HOUSING CENTER
and
CITY OF ELGIN, ILLINOIS
This Consolidated Settlement Agreement (hereinafter referred to as the "Settlement
Agreement") is made and entered into this 19th day of August, 2002, by and between the United
States Department of Justice (hereinafter referred to as "DOJ"), the United States Department of
Housing and Urban Development (hereinafter referred to as "HUD"), the HOPE Fair Housing
Center, an Illinois not-for-profit corporation (hereinafter referred to as"HOPE"), the individual
Complainants in the Housing Discrimination Complaints listed in Attachment B hereto
(hereinafter referred to collectively as the"HOPE Complainants") and the City of Elgin, an
Illinois municipal corporation(hereinafter referred to as the"City").
I. Introduction
In the fall of 1998 and the spring of 1999, certain Hispanic residents of the City filed
seven complaints with HUD concerning alleged violations of the federal Fair Housing Act
(hereinafter referred to as the"Initial Complaints"). The Initial Complaints maintained that the
City's Department of Code Administration and Development Services was discriminating
against Hispanic residents in its enforcement of the City's Property Maintenance Code. The City
denied any discrimination and maintained that it uniformly enforced the Building Officials and
Code Administrators (`BOCA") International Property Maintenance Code. On September 30,
1999, after extensive discussions, the Initial Complainants, the City and HUD entered into a
Conciliation Agreement resolving the Initial Complaints (such Conciliation Agreement between
HUD and the City is attached hereto as Attachment A and is hereinafter referred to as the
"Conciliation Agreement").
The Conciliation Agreement provided for HUD to monitor whether the City was
complying with the terms of the Conciliation Agreement. On August 1, 2000, HUD issued
a monitoring report(hereinafter referred to as the "HUD Monitoring Report") concluding that it
had reason to believe that the City had violated the Conciliation Agreement in its disparate
enforcement of the Property Maintenance Code as to Hispanic residents of Elgin. On August 2,
2000, HOPE, on its own behalf and on behalf of certain additional individuals, filed
18 complaints of discrimination with HUD alleging the City was engaging in disparate treatment
of Hispanic residents. Thereafter, HOPE, on behalf of certain additional individuals, filed four
additional complaints of discrimination with HUD alleging the City was engaging in disparate
treatment of Hispanic residents (such complaint filed by HOPE under Case No. 05-00-1464-8
and the individual complaints listed in Attachment B hereto are hereinafter referred to as the
"HOPE Complaints")-
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On October 2, 2000, the City issued a response to the HUD Monitoring Report. In its
response, the City maintained that it had not disparately treated Hispanic residents or violated
the Conciliation Agreement or the Fair Housing Act. The City has also denied any unlawful
discrimination in response to the HOPE complaints.
The Conciliation Agreement required the parties to "endeavor in good faith to resolve
informally any differences regarding interpretations of and compliance with this Agreement."
Pursuant to that provision, the parties met repeatedly to resolve the issues raised in the
monitoring report and the HOPE complaints. On November 15, 2000, HUD withdrew from the
negotiations and referred these matters to DOJ for possible litigation.
Since the referral, DOJ has been investigating the City's code enforcement practices to
determine whether it will initiate a lawsuit. In August, 2001, DOJ and the other parties renewed
settlement negotiations to resolve these matters and avoid unnecessary litigation. As a result of
these negotiations, the parties have agreed to this Settlement Agreement.
II. Scope and Duration of Agreement
2.1 The parties agree that the controversy outlined above should be resolved without
judicial action. For the purposes of this Settlement Agreement, "Settled Claims" shall be defined
to mean and shall include all claims brought, or which could have been brought by DOJ, HUD,
HOPE and/or the HOPE Complainants with respect to or in any way relating to 1) alleged
discrimination against Hispanics by the City in the enforcement of the City's Property
Maintenance Code, Building Code, Zoning Ordinance, Plumbing Code, Electrical Code,
Heating, Ventilating and Air Conditioning Code, One or Two Family Dwelling Code or other
City building codes or ordinances as of the date of this Settlement Agreement, and/or 2) the
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Initial Complaints, the Conciliation Agreement, the HOPE Complaints and any matter set forth
in the HUD Monitoring Report. A Settled Claim does not include any housing discrimination
complaint filed in federal or state court or before an administrative body, against the City, after
the date of this Settlement Agreement, by any person or entity which is not a party to this
Settlement Agreement and who does not assert a claim pursuant to Section 17 of this Agreement.
This Settlement Agreement resolves fully and finally all Settled Claims. In consideration of the
mutual undertakings and benefits in this Settlement Agreement, DOJ, HUD, HOPE, and the
HOPE Complainants agree not to sue and agree not to assert or pursue any claims or causes of
action against the City of Elgin,its past and present elected officials, appointed officials, officers,
employees, attorneys, agents, and all other related persons or parties with respect to all Settled
Claims. DOJ, HUD, HOPE and the HOPE Complainants further agree and do hereby waive and
release the City of Elgin, its past and present elected officials, appointed officials, officers,
employees, attorneys, agents and all other related persons or parties from any and all claims,
compensation, damages, attorneys fees or other liability or relief whatsoever relating to or arising
from any and all Settled Claims. The scope of this Settlement Agreement is limited to the
Settled Claims and does not purport to remedy any other potential violations of the Fair Housing
Act or other Federal law. This Settlement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof. Notwithstanding any other provision to the
contrary in this Settlement Agreement, the provisions of this Section 2.1 shall survive the
expiration of the term of this Settlement Agreement.
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2.2 This Settlement Agreement does not constitute an admission by the City of any
violation of the September 30, 1999 Conciliation Agreement, the Fair Housing Act,or any other
provision of the law, and the City expressly denies any.such violation.
2.3 The September 30, 1999 Conciliation Agreement is hereby incorporated into this
Settlement Agreement and will be extended for a term of 3 years after the date of this Settlement
Agreement, after which all of its terms, provisions and obligations shall terminate. In the event
of any conflict between the terms, provisions and obligations of the September 30, 1999
Conciliation Agreement and the terms, provisions and obligations of this Settlement Agreement,
the terms, provisions and obligations of this Settlement Agreement shall control.
2.4 This Settlement Agreement will remain in effect for a term of 3 years after which,
with the exception of Section 2.1 and Section 19, all of its terms, provisions and obligations shall
terminate.
I1I. Enforcement of the Settlement Agreement
3.1 In the event that DOJ, HUD, and/or HOPE consider any activity, or conduct of the
City which occur after the date of this Settlement Agreement to be a violation of this Settlement
Agreement or to be grounds for the commencement of any action with respect to housing
discrimination in federal or state court or before any administrative body, the parties shall give
the City written notice of the substance of the complaint directly or through its counsel prior to
the commencement by DOJ, HOPE and/or HUD of any judicial or administrative action. The
City will have thirty(30)days after the receipt of the notice to, in good faith, investigate and
remedy the alleged deficiency to the satisfaction of DOJ,HOPE, and/or HUD prior to the
commencement of any action. This notice provision shall not apply if DOJ, HOPE and/or HUD
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has reason to believe that a thirty(30)day delay would result in irreparable injury unless
immediate action is taken. Nothing in this section shall apply to complaints filed pursuant to
42 U.S.C. § 3610(a)by individuals who are not parties to this Agreement.
3.2 In the event that the parties are unable to resolve the issues regarding an alleged
violation of the Settlement Agreement to the satisfaction of the DOJ or IUD, the parties agree
that 42 U.S.C. §3610(c) and 3614(b)(2)(A) shall apply to this Settlement Agreement, as if it were
a Conciliation Agreement as defined by 42 U.S.C. §3610(b). An alleged violation of this
Settlement Agreement shall be addressed pursuant to the aforementioned sections and not as an
independent pattern or practice allegation.
IV. Amendments to September 30, 1999 Conciliation Agreement
4.1 Paragraph 16 of the Conciliation Agreement is amended as follows:
116. The City of Elgin agrees that, during the term of this Settlement Agreement, the
City shall:
A. Maintain a log of all interior and exterior inspections of residential property
conducted by the City's Property Maintenance Code enforcement officers. 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,names of all City employees involved in or present during
the inspection, the reason for the inspection, whether any code violations were discovered during
the inspection or were continuing, and the circumstances that led to the inspection, including the
identity of any private citizen, if voluntarily provided after being requested by the City. For the
purpose of this provision, the term"exterior inspections" shall mean exterior inspections of
residential properties resulting in a code violation being documented by a code enforcement
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officer or observations of a residential property by a code enforcement officer during which
evidence is obtained which is thereafter utilized in an application for an administrative inspection
warrant.
B. The City agrees that when calculating room dimensions for a residential property
to determine the maximum occupancy for a room or a dwelling, the City will create a rough free
hand sketch of any rooms measured by a code enforcement officer that includes the numerical
dimensions and layout or floor plan of such rooms. Such sketches shall not be required to be to
scale.
C. In one central file for each individual closed case, the City will retain all
documents or records obtained or generated by the processing of that case by the City's
Department of Code Administration dealing with enforcement issues in residential properties,
including but not limited to: complaint forms; any and all inspectors' notes; warrant requests;
warrants; any and all correspondence including violation notices; citations; unit floor plans with
dimensions; and any and all case specific information gathered in hard copy form from other city
or county departments or files such as zoning or property history information.
D. The City shall use its best efforts to comply with the various record keeping
requirements of this Settlement Agreement and any occasional and inadvertent failure by the
City to comply with these record keeping requirements shall not be considered a violation of the
Settlement Agreement or entitle any party to pursue any action based thereon.
V. Reporting Requirement
5.1 For the term of this Settlement Agreement, the City agrees to submit the
information described in this section to HUD on a quarterly basis. The information will be sent
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on the 15"i of January, April,July, and October, beginning with the first such date after the date
of this Agreement, to:
Director, Office of Fair Housing and Equal Opportunity Enforcement
Housing and Urban Development, Midwest HUB
77 West Jackson Boulevard
Chicago, IL 60604-3507
5.2 For all residential properties inspected pursuant to an administrative inspection
warrant in the preceding quarter, the City will provide the address of the property, the name and
the address of the owner, the name of any tenant residing in the property if known by the City,
the suspected code violation prompting the application for an administrative inspection warrant,
the date of the inspection, and whether a notice of the suspected code violation or any other code
violations was issued. The City shall have no affirmative obligation to obtain the name of any
tenant for the purpose of such report, but will provide the name if known.
5.3 For all residential properties placarded, also known as red tagged, in the preceding
quarter, the City will provide the address of the property, the name and address of the owner, the
name of any tenant residing in the property if known by the City, the date the property was
red tagged and the reason the property was red tagged. The City shall have no affirmative
obligation to obtain the name of any tenant for the purpose of such report, but will provide the
name if known.
5.4 For all residential properties where rental license revocation notices were issued
in the preceding quarter, the City will provide the address of the property, the names and the
address of the owner, the name of any tenant residing in the property if known by the City, the
date of the notice and the reason for the notice. The City shall have no affirmative obligation to
obtain the name of any tenant for the purpose of such report,but will provide the name if known.
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VI. Warrant Procedures
For the term of this Settlement Agreement, the following procedures will remain in effect
with respect to administrative inspection warrants:
6.1 All complaints for administrative inspection warrants shall be submitted to the
City corporation counsel for review and approval as a prerequisite for submitting an application
to the court. Where a warrant authorizing an interior inspection of a dwelling unit is sought, the
code enforcement officer shall sufficiently allege factual circumstances demonstrating there is a
reasonable basis to believe that the interior of the subject dwelling unit or the use thereof is not
in conformity with the City's ordinances or other applicable requirements of law.
6.2 An anonymous complaint of overcrowding, standing alone, shall not be
considered sufficient to establish a reasonable basis to justify the issuance of an administrative
inspection warrant authorizing an interior inspection of a dwelling unit for an alleged
overcrowding violation. The presence of exterior code violations on a property that are not
indicative of interior code violations for such a property, standing alone, shall not be sufficient
to justify an administrative inspection warrant for the interior inspection of such a property.
6.3 The Department of Code Administration and Development Services has
developed and implemented a Standard Operating Procedure which includes provisions that a
code enforcement officer will attempt an inspection during the normal business hours of the
Department of Code Administration and Development Services prior to applying for an
administration inspection warrant which authorizes an interior inspection of a dwelling unit
outside normal business hours of the Department of Code Administration and Development
Services. Such attempted inspection during normal business hours shall have occurred within
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thirty(30) days prior to the application for an administrative inspection warrant. Such
requirement of an attempted inspection during normal business hours shall not apply when a
suspected violation is reasonably believed to present an imminent threat to the health, safety or
welfare of the residents of a dwelling unit or the public. The Standard Operating Procedure for
obtaining and serving administrative inspection warrants is Attachment C.
VII. Code Issues
For the term of this Settlement Agreement, the following procedures will remain in effect
with respect to specific provisions of the International Building Code 2000 (or any successor),
and/or the 1998 International Property Maintenance (IPM) Code(or any successor):
7.1 Room Dimensions—IPM Code § 404.2. The City's Department of Code
Administration and Development Services has developed and implemented the following
Standard Operating Procedure: When calculating the floor area of a habitable room, any portion
of that room having a dimension of less than seven(7) feet shall be considered when calculating
the floor area, provided at least two other dimensions of that room exceed seven (7) feet.
7.2 Emergency Escape for Basement Sleeping Rooms—IPM Code § 702.12. The
City has obtained a technical advisory opinion from BOCA as to whether: (a) a sleeping room
located within a basement in residential and group home occupancies must have in all cases one
openable window approved for emergency egress or rescue or whether such a basement sleeping
room could instead have access to not less than two approved independent exits, and(b)what
constitutes two approved independent exits. Pursuant to this advisory opinion, the City has
developed and implemented the following Standard Operating Procedures:
Standard Operating Procedure Governing
Emergency Escape Requirements in Basement Sleeping Rooms
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Section 702.12 of the 1998 International Property Maintenance Code requires a
basement sleeping room in a residential or group home occupancy to provide either(1) an
openable window approved for emergency escape or rescue, or(2) an exterior door approved for
emergency escape or rescue. An openable window or exterior door approved for emergency
egress or rescue is not required if the sleeping room has access to not less than two approved
independent or"remote"exits situated at opposite locations within the basement area. The two
approved independent exits must comply with the"remote location"and"length of travel"
requirements set forth in Sections 1006.4 and 1006.5 of the BOCA National Building Code/1996.
Section 1006.3.1, Exception 3 of the BOCA National Building Code/1996 exempts egress
stairways in residential and group home occupancies from its fire resistance requirements.
7.3 Emergency Escqpe Window Sill Height—IPM Code & 702.12 and BOCA Code
1§ 010.4. The City has solicited a technical advisory opinion from BOCA as to whether a
.permanently installed concrete step or other permanently installed step or device can be utilized
to effectively lower the bottom of the clear opening of an emergency escape or rescue window
that is located more than 44 inches above the basement floor. BOCA has also provided technical
specification and requirements for constructing any such step or device. (In all instances, a
window used for emergency escape and rescue must comply with the minimum required
openable area requirements for such a window.) Pursuant to these advisory opinions,the City's
Department of Code Administration and Development Services will develop and implement a
Standard Operating Procedure. Such Standard Operating Procedure shall include the
requirement that any such permanently installed concrete step or other permanently installed
device comply with all relevant code requirements, including without limitation, code
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requirements relating to stairs, landings, and ceiling height. Such Standard Operating Procedure
shall also include the requirements that any such permanently installed concrete step or other
permanently installed device be designed and constructed such that the installation is permanent
and the design and construction thereof will not limit or interfere with the safe operation of a
window used for emergency escape and rescue and will not constitute a tripping hazard.
7.4 Ceiling Height. The City has received technical advisory opinions from BOCA
regarding the application of the City's Property Maintenance Code's minimum ceiling height
requirement. Pursuant to these advisory opinions, the City's Department of Code Administration
and Development Services has developed and implemented the following Standard Operating
Procedures:
A. Standard Operating Procedure for Applying Property Maintenance Code's
Minimum Ceiling Height Provisions
1. The Property Maintenance Code requires a minimum ceiling height of
seven(7) feet in all habitable spaces, allowing some narrow, limited exceptions under specific
circumstances.
2. The first building code adopted by the City mandating a minimum ceiling
height requirement was the 1955 National Building Code. That code was adopted by the City on
May 9, 1957 and required a minimum ceiling height of seven(7) feet, six (6) inches in all
habitable rooms. Every building code and property maintenance code adopted by the City since
that time has required a ceiling height of not less than seven(7) feet in all habitable rooms.
3. When applying the Property Maintenance Code's minimum ceiling height
provisions, any habitable space, bathroom or toilet room constructed after May 9, 1957 shall be
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required to have a minimum ceiling height of seven(7) feet in accordance with the Property
Maintenance Code,subject to its enumerated exceptions.
4. The application of the Property Maintenance Code's minimum ceiling
height provision to habitable spaces constructed before May 9, 1957 constitutes a retroactive
application of the Code. Because the Code's requirements are intended to represent the
minimum acceptable level of public health and safety, existing structures and premises that are
not in compliance with the Code are required to be altered or repaired to meet the Code's
minimum requirements.
5. When applying the Property Maintenance Code's minimum ceiling height
provision to any habitable space,bathroom or toilet room constructed before May 9, 1957, the
code official shall apply a balancing test weighing the benefits accruing to the public health and
safety from the application of the minimum ceiling height regulation against the detriment
incurred by the property owner in complying with the strict application of the Code. For the
purposes of this Standard Operating Procedure, any habitable space, bathroom or toilet room
constructed before May 9, 1957 with a ceiling height of not less than six (6) feet, eight(8) inches
shall be deemed to satisfy the public health and safety.
7.5 Sloped Ceilings in Bathrooms. The City will implement the following Standard
Operating Procedure governing the Property Maintenance Code's minimal ceiling height
provisions_
B. Standard Operating Procedure for Sloped Ceilings in Bathrooms
1. Compliance with the Property Maintenance Code's ceiling height
provisions is achieved by bathrooms having a sloped ceiling over all or part of the room, with a
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clear ceiling height of at least 6 feet, 8 inches(2033 mm) over not less than one-third of the floor
area,with not less than 6 feet,4 inches (1932 mm)of clear ceiling height over the access to any
bathroom fixture. In calculating the floor area of such rooms, only those portions of the floor
area with a clear ceiling height of 5 feet(1524 mm) or more shall be included. For the purposes
of this subsection,"bathroom fixtures" shall mean toilets, sinks, bathtubs and shower stalls.
VIII. Procedures to Distinguish Occupants from Guests or Visitors
For the term of this Settlement Agreement,the following procedures will remain in effect
with respect to distinguishing occupants from guests or visitors:
Standard Operating Procedure for Distinguishing� _Occupants" from Guests or Visitors
8.1 When a person claims he or she is merely a temporary guest or visitor and denies
that he or she is an occupant or otherwise permanently resides within a particular dwelling unit,
the code enforcement officer shall advise such person that he or she will be allowed seven(7)
days to produce documentation to the Department of Code Administration and Development
Services reasonably establishing the location of that person's current permanent residence.
Acceptable evidence of an individual's current permanent address shall include corroborating
information from a driver's license, state issued identification card,voter's registration card,
utility billing statements or credit card billing statements.
8.2 Any person living or sleeping in a dwelling unit for more than a single four(4)
week period or a total of more than sixty(60)days within a twelve(12)month period is
conclusively presumed to be an occupant for the purposes of the City's Property Maintenance
Code, notwithstanding any evidence of any other permanent residence.
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8.3 The application of the provisions of Sections 8.1 and 8.2 shall be limited solely
and only to the issue of determining compliance with the number of persons who may lawfully
occupy a dwelling unit pursuant to Section 404.5 of the City's Property Maintenance Code, as
amended, and are not intended and shall not be interpreted or construed to authorize or permit
any person to occupy a space or area in a dwelling unit which does not otherwise meet the
requirements of the City's Property Maintenance Code, other City codes or ordinances or other
requirements of law.
8.4 NO TEXT
8.5 The provisions of Sections 8.1 and 8.2 shall not apply to a particular dwelling unit
for more than a total of ninety (90) days within a twelve(12)month period or where such
circumstance creates an imminent threat to the health and safety of the occupants or surrounding
community.
8.6 The application of the provisions of Sections 8.1 and 8.2 shall further be limited
to temporary guests or visitors who are customarily and traditionally incident to a single family
residence. For the purpose of clarification, and not as a limitation, temporary guests or visitors
shall not include any person paying rent to reside within a dwelling unit or any person who has
temporarily relocated for seasonal employment.
8.7 When a dwelling unit exceeds its maximum occupancy as defined by the Property
Maintenance Code solely because of the presence of an infant under the age of twelve(12)
months,the code enforcement official shall advise the occupants of the dwelling unit that they
have an automatic right to a compliance extension. Such extension shall be granted, at a
minimum,through the point at which the infant reaches the age of twelve(12) months.
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IX. Rental Residential Property Licensing
For the term of this Settlement Agreement, the following procedures will remain in effect
with respect to rental residential property licensing:
Standard Operating Procedure for Rental Residential Property Licensing
9.1 Not less than seven(7) days nor more than fourteen(14) days prior to the
expiration of a 60-day notice to vacate order, notices shall be posted on all entrances to the rental
residential property as an additional reminder to the tenants advising them that the sixty(60) day
time period for vacating the premises is about to expire and advising them of the date by which
they must vacate the subject premises.
X. Code Enforcement Procedures
For the term of this Settlement Agreement, the following procedures will remain in effect
with respect to the code enforcement procedures referred to in this section.
10.1 Should a code enforcement officer obtain information, either directly or indirectly,
about a violation which is outside of his or her currently assigned geographic area, the inspector
shall forward all pertinent information to the code enforcement supervisor for assignment to the
code enforcement officer assigned to the geographic area where the subject dwelling is located.
This paragraph shall not prevent a code enforcement officer from being assigned to work in more
than one geographic area.
10.2 When a code enforcement officer,or other designated City official,conducts an
inspection in response to a citizen complaint, the scope of the inspection will extend only to
those parts of the dwelling unit necessary to investigate the allegations in the complaint.
Citations and/or violations issued as a result of complaint-based inspections shall be limited to
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a) violations related to the allegations in the complaint; b) violations that are in plain view and
observed by the code enforcement officer during his investigation of the allegations in the
complaint; and c) potential conditions that are voluntarily reported by an owner or occupant to
the code enforcement officer during an inspection. The bilingual Consent to Inspect form will
be amended to include the following: "Additional Conditions Reported by Owner/Occupant
"which provision will be initialed by the owner/occupant.
10.3 All final notices to vacate residential properties issued by the Department of Code
Enforcement must allow at least 24 hours for vacating the premises unless the City's code
enforcement official determines that the code violations cited in the notice create an imminent
threat to the health and safety of the occupants or surrounding community.
10.4 The City shall implement a formalized grievance system by which citizens may
lodge complaints about the code enforcement process. Information about how to initiate this
process shall be communicated to Elgin residents via the code enforcement process, as in
Attachment D, which may be amended by the City consistent with this Settlement Agreement.
The process shall state that citizens may report complaints of discrimination or unfair treatment
to a designated official and shall provide the City's contact number for complaints. Any such
complaints will be investigated by the City. The grievance system shall be implemented
uniformly, and written records of complaints shall be kept in accordance with the record keeping
requirements of this Settlement Agreement.
10.5 Within sixty.(60)days of this Settlement Agreement, the City will develop and
implement a standard operating procedure regarding public access to records and information
regarding property maintenance code enforcement cases for residential properties maintained by
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the City of Elgin Department of Code Administration and Department Services. Such procedure
will, as reasonably determined by the City, attempt to balance the privacy concerns of individual
homeowners and tenants, and the integrity of the City's administrative enforcement proceedings,
with the public's right to know as reflected by Illinois Laws, such as the Illinois Freedom of
Information Act, which requires the disclosure of public records.
Xl. English/Spanish Translations
11.1 Paragraph 7 of the Conciliation Agreement is amended as follows:
¶7. In enforcing the provisions of its Property Maintenance Code and inspecting
residents' homes for same, the City agrees that its agents, employees, successors, and all persons
in active concert or participation with the City shall:
i) Provide written notice of all alleged violations to any person accused
of violating the City's Property Maintenance Code, Rental Residential Property Licensing
Ordinance, and zoning ordinance; the notices shall inform the person of his or her right to appeal
the allegations(including the 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 violation notices pertaining to the City's Property
Maintenance Code or related Rental Residential Property Licensing Ordinance or zoning
ordinance. A copy of the form notice summarizing the City's Code Enforcement Process is
Attachment D. Placards posted on properties in which either the owners or tenants have
recognizable Spanish surnames shall be written in both English and Spanish.
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XII. Bilingual Employees and Liaison Services for Code Enforcement Actions
12.1 The City has created and filled the position of Community Relations/Outreach
Coordinator. For the term of this Settlement Agreement the City agrees to continue to maintain
such position. Such position will be filled by an employee who is bilingual in English and in
Spanish and such position will include the following duties and responsibilities: (1) acting as a
liaison between the residents and the code enforcement department with regard to City building
or Property Maintenance Code enforcement actions; (2)providing residents with information and
options to assist in achieving compliance with the provisions of the City's building or Property
Maintenance Code; (3) informing residents of any governmental and private programs that
provide technical expertise and/or funding to assist in achieving compliance with the provisions
of the City's building or Property Maintenance Code; (4) informing residents of their right
to appeal to the Property Maintenance Board of Appeals, if applicable, and with respect to such
appeal, advise residents on how to obtain and prepare the information needed either to contest the
validity of a notice of violation or to seek relief with respect to the notice and/or compliance; and
(5) acting as the City's designated representative to accompany the code enforcement officer at
meetings of neighborhood associations and other community groups who request the presence of
a code enforcement officer.
12.2 The City has created and filled the position of Bilingual Code Enforcement
Technician,whose responsibilities include providing English/Spanish translation services. For
the term of this Settlement Agreement, the City will have a Bilingual Code Enforcement
Technician (or in exigent circumstance, another bilingual employee or contractor) accompany
code enforcement personnel for inspections of residential property when(1) the City has reason
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to believe that no adult persons present on the property are sufficiently proficient in English
either(a)to understand the purpose of the inspection and the right to refuse access, if applicable,
or(b)to be able to communicate effectively with code enforcement personnel about the number
of persons who should appropriately be considered"occupants"of the premises; and (2) the
alleged violations include exceeding the property's maximum occupancy,limitation. If, at any
point in the course of any other inspection or attempted inspection, code enforcement personnel
become aware that no persons on the premises meet the standard of English proficiency
described in Section(1) above, the City will provide bilingual translation services either in
person or by telephone in the absence of an imminent threat to the health and safety of the
occupants or the surrounding community. The provisions of this paragraph shall not apply to
inspections pursuant to the City's Rental Residential Property Licensing Ordinance.
XIII. Training
13.1 The City shall require every Code Enforcement Officer to complete a Spanish
language training program. Newly hired Code Enforcement Officers shall be required to attend
the program within one year of their hire date or whenever the next training session is offered,
whichever is first. Current Code Enforcement Officers, who have not had previous equivalent
training,must attend the program within one year of the date of this Agreement or whenever the
next training is offered, whichever is first. The training program shall be similar to the previous
training program conducted by Elgin Community College. The training program shall include
material that is directly related to the unique aspects of code enforcement. The training shall also
include written material which will serve as reference guides for employees' future use.
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13.2 During the term of this Agreement, if the training materials are substantively
changed,the City agrees to submit the new training materials to the DOJ for review and
approval. Each employee who participates in the training session shall sign a statement
acknowledging that he or she has participated in the program, and the City shall maintain records
of such participation in accordance with the record-keeping requirements of this Settlement
Agreement.
XIV. Contract for Fair Housing Services
14.1 Within ninety(90)days of the execution of this Settlement Agreement,the City
and HOPE will enter into a contract for HOPE to provide fair housing services for the City. The
City will select the specific activities to be undertaken by HOPE from among the following
activities: fair housing education, fair housing testing, housing counseling, activities to
overcome barriers to fair housing identified in the City's Analysis of Impediments, or other
activities subsequently mutually agreed upon by the City and HOPE.
14.2 The precise terms of the City's contract with HOPE shall be as reasonably
determined by the City, and will provide, among other matters, that, during the term of the
contract, (a)HOPE will comply with all City policies and practices applicable to contractors;
(b)HOPE will not file, encourage or participate in the filing of, any legal and/or administrative
claims or complaints against the City (except to enforce the terms of any such contract or this
Settlement Agreement); (c) HOPE will issue no press releases or public statements about the
contract or the actions undertaken pursuant to the contract without the prior written approval of
the City; and(d) HOPE will not take any action or make any statement that is intended to
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disparage the City in any manner. Nothing in this provision will prohibit HOPE from providing
information to persons on their rights under the Fair Housing Act.
14.3 The contract will consist of four(4) one(1) year contracts to be entered into in
each of the next four(4) years. The contract for the first year will be in the amount of$150,000
with$100,000 to be paid within thirty(30) days of the execution of such agreement between the
City and HOPE and$50,000 to be paid over the remaining one year term. The one year contracts
for the second, third, and fourth years will each be in the amount of$50,000 to be paid
throughout each of such one year contract terms. To the extent permitted by applicable
regulations, the City may use Community Development Block Grant(CDBG) funds to pay for
such contracts with HOPE. HOPE shall follow such procedures and complete such
documentation and perform such other fair housing services as are reasonably required so as to
allow the City to use CDBG funds to pay for such contracts with HOPE to the extent permitted
by applicable regulations. Such procedures and documentation shall include, but not be limited
to,HOPE completing and timely submitting to the City annual CDBG program applications
requesting $50,000 in program funds from the City's annual CDBG grant program for fair
housing services for the contracts between the City and HOPE. HOPE shall submit such annual
CDBG program applications to the City commencing with the 2003-2004 City of Elgin CDBG
grant program year.
XV. Residential Rehabilitation Program
15.1 The City has amended its Residential Rehabilitation Program, a copy of the
current ordinance for such program being set forth in Ordinance No. G65-01 and in Elgin
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Municipal Code Chapter 2.30. For the term of this Settlement Agreement, the City will continue
funding its Residential Rehabilitation Program with CDBG funds in an amount not less than
forty percent(40%)of the CDBG Funds received by the City annually for the duration of
the Settlement Agreement. The current version of the program provides financial assistance to
low and moderate income families in the following manner:
15.2 Owner-Occupied Single-Family Dwelling Rehabilitation Grant Program:
Provides one hundred percent(100%) grants for the exterior repair or rehabilitation of
single-family dwellings to meet the minimum requirements of the City's Property Maintenance
Code. Households meeting certain Section 8 income guidelines are eligible to receive one
hundred percent(100%) grants for repairs not exceeding $5,000.00. Households meeting
Section 8 low income guidelines may qualify for one hundred percent grants not exceeding
$3,750.00 for eligible repairs. All households meeting Section 8 guidelines are eligible to
receive$2,500.00 grants for lead-based paint control and abatement.
15.3 Rental Residential Property(One to Four.Dwelling Units) Rehabilitation Loan
Program: Provides zero interest, forgivable loans for the exterior repair or rehabilitation of
residential properties with one to four dwelling units to meet the minimum requirements of the
City's Property Maintenance Code. Households meeting Section 8 guidelines may qualify for
forgivable loans not exceeding $5,000.00 for eligible repairs and a$2,500.00 grant for lead-based
paint control and abatement. Loans are forgiven after five(5) years provided the applicant
retains ownership of the property and continues to satisfy applicable eligibility requirements.
15.4 Handicap Accessibility Program: Provides grants for structural modifications to
owner-occupied, single-family dwellings and rental residential property for the purchase and
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installation of handicap accessibility fixtures for dwelling units occupied by households having
one or more mobility-limited disabled individuals. Applicants with household incomes at or
below the Section 8 low income guidelines may qualify for a one hundred percent (100%) grant
not to exceed$5,000.00 plus a one hundred percent(100°/x) grant toward lead-based paint control
and abatement activities not to exceed $2,500.00.
15.5 Emergency Repair Program: Provides grants for the emergency repair of water
service lines, sanitary sewer laterals, furnaces, electrical systems and water heaters serving
owner-occupied, single-family dwellings. Eligible applicants may apply for a one time, one
hundred percent(100%) grant not to exceed$3,000.00 to complete the necessary repairs.
15.6 Lead-Based Paint Control/Abatement Program: Provides zero interest, forgivable
loans for the exterior or interior control or abatement of lead-based paint on or within a
single-family dwelling or a dwelling unit within a rental residential property occupied by a child
that has been identified as having high lead levels in his or her blood by the Kane County Health
Department. Applicants seeking loans for the lead-based paint control or abatement on or within
owner-occupied, single-family dwellings or rental residential properties may qualify for a zero
interest forgivable loan not to exceed $10,000.00. Applicants seeking loans for the lead-based
paint control or abatement on or within dwelling units that are not owner-occupied may qualify
for a zero interest forgivable loan not to exceed $5,000.00 for each dwelling unit provided the
applicant's actual costs incurred in the lead-based paint control or abatement work match or
exceed the amount of the loan. Loans are forgiven after five(5)years provided the applicant
retains ownership of the property and continues to satisfy applicable eligibility requirements.
XVI. Revolving Loan Fund
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16.1 For the term of this Settlement Agreement, the City agrees to continue funding as
needed a home improvement lending program that is administered by the Neighborhood Housing
Services of Elgin(NHS). NHS is chartered through a national, Congressionally-chartered
organization, the Neighborhood Reinvestment Corporation. The NHS Home Improvement Fund
was established in 1996 through the City's$300,000.00 capitalization. The City contributed an
additional $200,000.00 to the NHS Home Improvement Fund in 2000 and has contributed an
additional$100,000.00 to the Fund in 2001. The NHS Home Improvement Fund provides
forgivable second mortgage loans for home improvement purposes to clients that are not deemed
credit worthy by conventional lending institutions. The NHS Home Improvement Fund can be
utilized for interior and exterior rehabilitation required to bring a property into compliance with
the City's Property Maintenance Code. For the term of this Settlement Agreement, the City
agrees to reasonably consider future requests by NHS for recapitalizing the NHS Home
Improvement Fund based upon, as reasonably determined by the City, a demonstrated need for
recapitalizing such fund and the continuing effectiveness of the subject home improvement
lending program.
XVII. Claims Procedure
In lieu of any other enforcement or legal actions by DOJ, HUD, HOPE, or the HOPE
Complainants concerning any aspect of the Settled Claims, the parties agree to the following
claims process to determine what compensation, if any, should be paid to Households as
hereinafter defined. The parties agree that the claims process described in Section 17 shall be the
sole and exclusive remedy for DOJ,HUD, HOPE, and the HOPE Complainants for any and all
Settled Claims.
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17.1 The term"Household",except as set forth in 17.1(1)herein, refers to all
persons residing in a dwelling at the time of the City conduct being challenged, as described
in paragraph 17.2 hereof. Households eligible to file a claim for compensation shall be limited
to Households which meet the following criteria: (1)the HOPE Complainants listed in
Attachment B hereto; or(2)the Household is located in the City, and the national origin of the
Household was primarily Hispanic at the time of the City conduct being challenged as defined in
paragraph 17.2 hereof, and at any time from October, 1998 through the date of this Settlement
Agreement, the dwelling of the Household was the subject of a non-rental license interior
inspection by the City's code enforcement department or the Household received a written order
from the City directing enforcement of the City's Property Maintenance Code (hereinafter
referred to collectively as the"Unidentified Claimants"), but not including the HOPE
Complainants listed in Attachment B hereto.
17.2 The following constitutes categories of challenged City conduct eligible for
compensation:
(a) Each Household, if any, that vacated occupants of the Household from the
Household's dwelling in response to a written order from the City that limited occupancy of the
Household's dwelling to a level more restrictive than permitted by the City's Property
Maintenance Code shall be entitled to receive up to a maximum compensation of$12,500.00.
(b) Each Household, if any, that received a written order from the City that
limited the occupancy of the Household's dwelling to a level more restrictive than permitted by
the City's Property Maintenance Code shall be entitled to receive up to a maximum
compensation of$6,250.00.
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(c) Each Household, if any, that vacated a visitor or guest of the Household
from the Household's dwelling in response to a written order from the City which was based on a
visitor or guest being improperly considered an occupant 1) where the visitor or guest presented
to the City, or offered to present to the City upon request, other permanent address information as
described in Section 8 of this Settlement Agreement; 2)where the visitor or guest lived or slept
at the dwelling unit for less than all of the time periods presuming occupancy as described in
Section 8 of this Settlement Agreement; and 3)where the visitor or guest can present the other
permanent address information described in Section 8 for the time in question, shall be entitled to
receive up to a maximum compensation of$3,750.00.
(d) Each Household, if any, that in response to a written order from the City
directing enforcement of the City's Property Maintenance Code, expended money to remedy
alleged violations of the City's Property Maintenance Code and such written order was contrary
to the actual provisions of such Code shall be entitled to receive up to a maximum compensation
of the actual monies expended to remedy the erroneously cited violations of the City's Property
Maintenance Code, or$12,500.00, whichever is less.
(e) Each Household, if any, that otherwise received a written order from the
City directing enforcement of the City's Property Maintenance Code contrary to the provisions
of such Code shall be entitled to receive up to a maximum compensation of$5,000.00.
(f) Each Household, if any, that received a written order from the City
directing enforcement of the City's Property Maintenance Code contrary to the provisions of
such Code, as interpreted in Section 7 of this Settlement Agreement, shall be entitled to receive
up to a maximum compensation of$2,500.00.
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(g) Each Household, if any, that was subjected to an interior warrant
inspection by the City based upon a standard form warrant 1) where the warrant did not set forth
sufficient factual circumstances demonstrating a reasonable basis to believe that a violation of
any City ordinance had occurred; 2) where the warrant maintained that voluntary access to the
premises had been denied; and 3)where the City did not, in fact, have a reasonable basis for the
inspection, shall be entitled to receive up to a maximum compensation of$1,000.00. Any
compensation awarded to any Household will be decreased by the extent and seriousness of any
violation found by the inspection. The provisions of this paragraph shall not be applicable to any
licensing inspection.
(h) Each HOPE Complainant Household, if any, that was subjected to an
interior inspection by the City based solely upon an anonymous complaint that did not set forth
sufficient factual circumstances demonstrating a reasonable basis to believe that the violation
alleged by the Complainant existed, and where the City did not, in fact, have a reasonable basis
for the inspection shall be entitled to receive up to a maximum compensation of$1,000.00. Any
compensation awarded to any Household will be decreased by the extent and seriousness of any
violation found by the inspection.
(h)(1) Each Unidentified Claimant Household, if any, that was subjected to an
interior inspection by the City based solely upon an anonymous complaint
that did not set forth sufficient factual circumstances demonstrating a
reasonable basis to believe that the violation alleged by the Complainant
existed, and where the City did not, in fact, have a reasonable basis for the
inspection shall be entitled to receive up to a maximum compensation of
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$500.00. Any compensation awarded to any Household will be decreased
by the extent and seriousness of any violation found by the inspection.
(1) Each HOPE Complainant Household, if any, that was subjected to an
interior inspection by the City based solely upon exterior code violations that were not indicative
of a potential interior code violation for such property, and where the City did not, in fact, have a
reasonable basis for the inspection shall be entitled to receive up to a maximum compensation of
$1,000.00. Any compensation awarded to any Household will be decreased by the extent and
seriousness of any violation found by the inspection.
(i)(1) Each Unknown Claimant Household, if any, that was subjected to an
interior inspection by the City based solely upon exterior code violations
that were not indicative of a potential interior code violation for such
property, and where the City did not,in fact, have a reasonable basis for
the inspection shall be entitled to receive up to a maximum compensation
of$500.00. Any compensation awarded to any Household will be
decreased by the extent and seriousness of any violation found by the
inspection.
(j) Each Household, if any, that was subjected to an interior inspection by the
City without a warrant and without the use of bilingual translation assistance or a signed Spanish
language consent form for an interior inspection, and where no adult person present on the
property was sufficiently proficient in English to understand the purpose of the inspection and
the right to refuse access, shall be entitled to receive up to a maximum compensation of
$1,000.00.
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(k) Each Household, if any, that can demonstrate that it was otherwise
discriminated against, which discrimination is not otherwise covered by another category in
Section 17.2, in the enforcement of the City's Property Maintenance Code or [other building
codes] by the City as a result of its Hispanic national origin in violation of the Fair Housing Act
shall be entitled to receive up to a maximum compensation of$7,500.00.
17.3 Each Household shall be limited to recover compensation from only one category
in Section 17.2. In the event that the total approved claims for the HOPE Complainants exceed
the total amount of$100,000, then each approved claim of the HOPE Complainants shall be
proportionately reduced such that the total amount of compensation payable to all of the HOPE
Complainants does not exceed$100,000. In the event that the total approved claims for the
Unidentified Claimants exceed the total amount of$100,000, then each approved claim of the
Unidentified Claimants shall be proportionately reduced such that the total amount of
compensation payable to all of the Unidentified Claimants does not exceed$100,000. The City
shall deposit a total of$200,000 in two (2) City interest bearing accounts (i.e. $100,000 in each
of such two(2) City accounts)within thirty(30)days of the execution of this Agreement and
provide written proof of such deposit to the parties to this Agreement. Actual payments, if any,
will not be made to any HOPE Complainants until after the final resolution of claims has been
made for all HOPE Complainants. Actual payments, if any,will not be made to any Unidentified
Claimants until after the final resolution of claims has been made for all Unidentified Claimants.
If any portion of the funds is not distributed to HOPE Complainants or Unidentified Claimants
the City shall make the remaining funds available for grants or forgivable loans through its
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Residential Rehabilitation Program, the current ordinance for such program being set forth in
Ordinance No. G65-01 and in Elgin Municipal Code Chapter 2.30.
17.4 HOPE and the City have agreed that, given their prior identification, the HOPE
Complainants' claims will be reviewed pursuant to the time frame set forth in this paragraph.
Within sixty(60)days of the execution of this Settlement Agreement HOPE will submit to the
City a sworn completed proof of claim form on behalf of each of the HOPE Complainants. Such
proof of claim form shall be as set forth in Attachment E hereto. Such written claims for each
HOPE Complainant shall identify each category in Section 17.2 for which the subject HOPE
Complainant is claimed to be eligible to recover compensation, the specific reasons for being
eligible for each such category, and the amount of compensation being claimed for each such
category. At this time, HOPE shall also produce to the City with each such claim submitted to
the City any materials and documents in its or in the HOPE Complainants' possession or control
which supports each such claim. Within sixty(60)days of the date HOPE provides the City with
such claims of the HOPE Complainants, the City shall provide HOPE with a disputed list of the
HOPE Complainants,which the City maintains are not eligible under the requirements of this
Settlement Agreement for any compensation, or which are not entitled to the amount of
compensation proposed by HOPE and the reasons for being ineligible for each such category or
amount of compensation. At this time, the City shall also produce to HOPE all materials and
documents in its possession or control which supports its objections to each disputed claim of the
HOPE Complainants.
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17.4(A). Within thirty(30)days of the execution of this Settlement Agreement, the
City shall mail copies of the notice in Attachment F hereto and the Claim Form in Attachment G
hereto to all addresses as previously agreed upon by the parties.
17.5 Within thirty(30)days of the execution of this Settlement Agreement,the City
shall publish a notice to Hispanic Households concerning code enforcement in a
Spanish-language newspaper with a circulation and readership in the Elgin area. The notice shall
be as set forth in Attachment F hereto. DOJ and the City will agree upon the Spanish translation
of such notice as well as the Spanish language newspaper in which it will be published. No party
to this Settlement Agreement will publish in newspapers or other print media, or encourage any
other person or entity to publish Attachment F.
17.6 NO TEXT
17.7 Within sixty(60) days of the publication and mailing of the notice, each person
seeking compensation on behalf of a Household pursuant to this Settlement Agreement must
submit to DOJ a completed claim form as set forth in Attachment G hereto.
17.8 Within thirty(30)days of the deadline for DOJ's receipt of the claim forms, DOJ
will submit to the City copies of the claim forms for any and all Unidentified Claimants who
may be eligible to recover compensation. '
17.9 Within sixty(60) days of the date DOJ provides the City with such initial claim
forms for the Unidentified Claimants, the City shall make the City's code department files for
each such household available for DOJ at City Hall for DOJ's inspection and DOJ's copying of
such records at the expense of DOJ. Alternatively, the City will provide DOJ with copies of such
records in its possession through the use of a copy service at the expense of DOJ. Within one
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hundred twenty(120)days of DOJ's receipt of said documents, DOJ will submit to the City a
completed sworn Proof of Claim form on behalf of each and every Unidentified Claimant DOJ is
proposing is eligible to recover compensation. Such Proof of Claim form shall be as set forth in
Attachment E hereto. At this time, DOJ shall also produce to the City with each such claim
submitted to the City any materials and documents in its or the Unidentified Claimant's
possession or control with supports each said claim. Within ninety(90) days of the date DOJ
provides the City with such proof of claim forms for the Unidentified Claimants, the City shall
provide DOJ with a disputed list of the Unidentified Claimants which the City maintains are not
eligible under the requirements of this Settlement Agreement for any compensation, or which are
not entitled to the amount of compensation proposed by DOJ and the reasons for being ineligible
for each such category or amount of compensation. At this time, the City shall also produce to
DOJ all materials and documents in its possession or control which supports its objections to
each disputed claim of the Unidentified Claimants.
17.10 HOPE, DOJ and the City shall endeavor in good faith to resolve any disputed
claims of Households. If they do not resolve their differences and a HOPE Complainant
Household desires to further pursue a claim for compensation, a HOPE Complainant Household
and HOPE must submit to the City within sixty(60) days after receipt of the City's written
response to the claim as described in paragraph 17.4 hereof a written demand to submit the claim
to arbitration. If they do not resolve their differences and an Unknown Claimant Household
desires to further pursue a claim for compensation, an Unknown Claimant Household and DOJ
must submit to the City within sixty (60) days after receipt of the City's written response to the
claim as described in paragraph 17.9 hereof a written demand to submit the claim to arbitration.
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Within sixty(60)days of the City's receipt of such a written demand to submit a claim to
arbitration HOPE on behalf of the HOPE Complainants, or DOJ on behalf of the Unidentified
Claimants, and the City shall then jointly select an arbitrator to hear the dispute. If necessary, the
arbitrator shall be selected pursuant to the rules and procedures of the[AAA or other appropriate
dispute resolution organization to be agreed to]. The claim of a Household before the arbitrator
shall be limited to and based solely upon the categories in Section 17.2 previously identified in
the claimant Household's written claim submitted to the City pursuant to Paragraph 17.4 hereof
or Paragraph 17.8 hereof. For each disputed claim, the arbitrator shall be limited solely to the
issues of whether or not the claimant Household is an eligible Household as defined in
Paragraph 17.1 hereof and whether or not the City conduct complained of is conduct as defined
in Paragraph 17.2 hereof. In the event the arbitrator determines that a Household is an eligible
Household as defined in Paragraph 17.1 hereof and the City conduct complained of is conduct as
defined in Paragraph 17.2 hereof, the arbitrator shall then determine an appropriate amount of
compensation for the Household which shall not exceed the maximum compensation provided
for in Paragraph 17.2 and/or 17.3 hereof. The claimant Household, and/or HOPE on behalf of a
HOPE Complainant Household, and/or DOJ on behalf of an Unknown Claimant Household,
shall have the burden of proof on all issues. The standard of proof shall be a preponderance of
the evidence. The arbitrator may review documentary evidence submitted by the parties and/or
conduct hearings to resolve any claim. The arbitrator's decision shall be final and binding.
17.11 The arbitrator's fee and other costs of the arbitration charged by the arbitration
organization shall be paid by the City. Each party shall be responsible for and pay its own
attorney's fees unless the claimant Household is the prevailing party in an arbitration in which
—34—
case the City shall pay the claimant Household's attorney's fees for the arbitration. For the
purposes of this Settlement Agreement, a claimant Household shall be considered the"prevailing
party"if the amount of compensation awarded to a claimant Household by the arbitrator is in
excess of the monetary offer, if any, made by the City to the claimant Household in the City's
response provided for in paragraph 17.9 hereof. The amount of such claimant's Household's
attorney's fees to be paid by the City shall be limited to the lesser amount of the actual amount of
the Household's reasonable attorney's fees for the arbitration or$2,500.00(two thousand five
hundred dollars). The reasonableness of the claimant's Household's attorney's fees will, if
necessary,be determined by the arbitrator. Except as otherwise specifically provided herein,
each party shall be responsible for and pay all its own costs, expenses and fees incurred in
connection with the claims process or otherwise.
17.12 For any of the HOPE Complainants to which the City agrees or is ordered by the
arbitrator to pay compensation, the City shall deliver to HOPE a check payable to a
representative of the Household in the amount agreed to or ordered within thirty (30) days of the
parties' resolution of all the HOPE claims by agreement and/or arbitration. For any other
Household to which the City agrees or is ordered by the arbitrator to pay compensation, the City
shall deliver to DOJ a check payable to a representative of the Household in the amount agreed to
or ordered within thirty(30)days of the parties' resolution of all the claims of the Unidentified
Claimants by agreement and/or arbitration. Prior to the City making any payment, each member
of a subject Household at the time of the City conduct in question who is then 18 years of age or
older shall execute a general waiver and release agreement on behalf of themselves in the form as
set forth in Attachment H hereto. Such form general waiver and release agreement shall be
—35—
amended for the HOPE Complainants as is reasonably necessary so as to also include therein all
of the named HOPE Complainants and all members of the subject HOPE Complainants'
Household for the claim at issue. In the event the City is responsible to pay a claimant
Household's reasonable attorney's fees for an arbitration pursuant to paragraph 17.10, the City
shall pay such attorney's fees within thirty (30) days of the arbitrator's decision on a disputed
claim or within thirty(30) days of the arbitrator's decision on the reasonableness of a claimant
Household's attorney's fees,whichever is later.
17.13 In the event that during the remaining term of this Settlement Agreement,DOJ,
HUD or HOPE discover or are presented with claims from any persons or entities which allege
violations of the Fair Housing Act relating to the City's code enforcement efforts and
discriminatory treatment based upon Hispanic national origin, based on facts which occur
subsequent to the date of this Settlement Agreement, DOJ, HUD or HOPE shall notify the City
in writing of any such claims within thirty (30) days and permit the City not less than thirty(30)
days thereafter to respond to such claims prior to proceeding with any enforcement of or making
any media disclosures or dissemination with respect to such claims. DOJ, HUD, and HOPE
agree that they will advise any such persons or entities of the possibility of resolving their claims
through the claims process pursuant to the procedures set forth in Sections 17.8 through 17.12.
The City,at its option, may agree to process any such claims pursuant to the procedures and
standards set forth herein. In the event that any such person elects to pursue his or her claims
pursuant to this process, said person shall sign an Election of Remedies Agreement in which he
or she agrees that the remedies provided herein shall be the sole and exclusive remedy available
—36—
for resolving the claim. Payments for claims made pursuant to this Section 17.13, if any, shall
not be included within the total compensation limits provided for in Section 17.3.
XVIII. Dispute Resolution
18.1 The parties to this Settlement Agreement shall attempt in good faith to resolve any
and all disputes concerning either the interpretation, application of or compliance with any
provision in this Settlement Agreement without judicial intervention. No enforcement action
may be brought for violations of this Settlement Agreement unless the violations are of a
material provision of the Settlement Agreement or, if not material, are shown to be intentional or
repeated violations of a non-material provision of the Settlement Agreement. It is agreed that
inadvertent violations of the Record Keeping or Reporting provisions of this Settlement
Agreement shall not be considered material violations. A violation of this Settlement Agreement
by any employee, agent, or officer of the City may be grounds for disciplinary action at the
City's discretion pursuant to the City's personnel policies, civil service regulations and/or
applicable collective bargaining agreements.
XIX. Withdrawal and Dismissal of Pending Housing Discrimination Complaints
19.1 The parties agree that the Housing Discrimination Complaint of the HOPE Fair
Housing Center, U.S. Department of Housing and Urban Development, Case No. 05-00-1464-8,
the Housing Discrimination Complaint of Alma and Noe Diaz, U.S. Department of Housing and
Urban Development Case No. 05-00-1481-8, and the Housing Discrimination Complaints of the
HOPE Complainants listed in Attachment B hereto be and are hereby withdrawn and dismissed
with prejudice. Notwithstanding any other provision to the contrary in this Settlement
—37—
Agreement, the provisions of this Section 19 shall survive the expiration of the term of this
Settlement Agreement.
XX. Joint Press Release
20.1 The parties agree that upon execution of this Settlement Agreement by all of the
parties hereto HUD, HOPE and the City shall simultaneously issue the Joint Press Release as set
forth in Attachment I hereto. HUD,HOPE and the City further agree that there shall be no other
press releases and/or public comments inconsistent with the letter and spirit of Attachment I
hereto.
XXI. Joint and Collective Work Product
21.1 This Settlement Agreement is and shall be deemed and construed to be a joint and
collective work product of the parties hereto, and, as such, this Settlement Agreement shall not
be construed against any party as the otherwise purported drafter of same by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
any, in the terms and provisions contained herein.
XXII. Notices
22.1 All notices shall be required to be in writing and be served on the parties at the
addresses following their signatures. The mailing of a notice by registered or certified mail,
return receipt requested, or personal delivery by courier service shall be sufficient service.
XXIII. Entire Agreement
23.1 This Settlement Agreement contains the entire agreement and understanding of
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the parties hereto with respect to the subject matters as set forth herein, all prior agreements and
understandings have been merged herein and extinguished hereby. This Settlement Agreement
may be modified or amended only in writing by way of a written amendment to this Settlement
Agreement signed by DOJ, HUD, HOPE, and the City.
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For the United States:
Date:
Charla D. Jackson
Rigel C. Oliveri
Trial Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section- G St.
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Date:
Barbara M. Knox
Maurice McGough
U.S. Department of Housing and
Urban Development
FHEO Office
77 West Jackson Boulevard
Chicago, IL 60604-3507
For HOPE and the HOPE Complainants:
Date:
Jeffery Taren
Kinoy, Taren& Geraghty, P.C.
224 South Michigan Avenue
Suite 300
Chicago, IL 60604-5210
(on behalf of HOPE and individual
claimants in Attachment B)
For the City of Elgin:
Date:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
copies of all notices to:
Jeffery K. Ross, Esq.
Seyfarth Shaw
55 E. Monroe
42nd Floor
Chicago, IL 60603
-40-
702settdraft.wpd
Huu-1•j-ZbbG 11:�4 VLtI 1 ur J ub 111.t r.✓.L1 N11
For a nite AState .
Date: g��q a Charla D.Jackson
Rigel C. Oliveri
Trial Attorneys
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section- G St.
950 Pennsylvania Avenue,N.W.
Washington,A.C. 20530
Date:
arbara M. KIIOX
Maurice McGough
U.S. Department of Housing and
Urban Development
FHEO Office
77 West Jackson Boulevard
Chicago,IL 60604-3507
122 PE and the 1-11
Date: � �9O
n& eraghty, P.C.
Kji Avenue
Suite 300
Chicago, CL 60604-52 10
(on behalf of HOPE and individual
claimants in Attachment B)
For the City of Elgin:
Date-, ` William A. �09
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin,Ih 60120-5555
copies of all notices to:
ATTACHMENTS
A. September 30, 1999 Conciliation Agreement
B. List of HOPE Complainants
C. City of Elgin SOP for Obtaining and Serving Administrative Inspection
Warrants
D. City of Elgin Code Enforcement Process
E. Proof of Claim Form
F. Public Notice
G. Claim Form
H. Waiver and Release Agreement
I. Joint Press Release
702settdrft.wpd
ATTACHMENT A
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's 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 CTOCA 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 Attomey 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 infra-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
8. Six(6)months after this Agreement is finalized,and every. six(6)months thereafter for
1
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 hal endeavor
City of Elgin at any and all reasonable times,provided,however,that HUD
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
�- a j q ?
V
(Date)
C lainant Jose z
9' ,
(Date) C mmp1 inapt Agustin Lopez
{Date)
Complain �Di�ana op ez
r
(Date) Complainant Antonio Jaime
' a*y"
(Date) Complainant Beni a Jaime
9—
(Date) Co ainant Reyimindo Canales
(Date) Complainant Ana Martinez
(Date)
Complainant Manuel -Soto
✓� ��
(Date) Complainant Maria Soto
(Date) Complainant Genoveva Rebollar
-P n
(Date) - Complainant Rica�
-
(Date) Complainant Maria Jimenez
(Date) 4Rende City of Elgin
Joyce A_ Parker, City Manager
Approved on behalf of the Secretary
06h
ate
B rbara M. Knox, Director, Midwest HUB
KNOW ALL MEN by THESE PRESENT'S that [HUD COMPLAINANT] of (HUD COM-
KNO ALL ADDRESS], Illinois for [himself or herself] and [his or her] heirs, executors,
and administrators and assigns, and all other related persons sum of 1tDOLeLAR AMOUNT]
to as the claimant), for and in consideration ls of the claimant and the City of Elgin n the
($��_00), and the mutual undertakings
ConciliationAgreement between the U_S.Department which is acknowledged, do hereby
the City of Elgin and the claimant, the receipt of Y
Remise, Release and Forever Discharge
the CITY OF ELGIN, an Illinois municipal corporation,its past and current officers,agents,
and
employees and any related persons or entities and their successors ors has or assigns,herom an have
all actions,claims, and demands whatsoever which claimant
on account of or arising out of U.S. Department of Housing and
e dwelling Development t Case
No.[CASE NUMBER], as amended, and the inspection
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 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 or
claimant is not relying upon any statement or representation made the
City of
damages, or
its agents or servants concerning the nature, extent and
concerning any other thing or matter, but is relying solely upon her own judgment
knowledge; that the above mentioned sum received by claimant hat ull settlement
claimant tl of legal d
satisfaction of all the aforesaid claims and demands whatsoever;
and competent to execute this Release; and that before meaning gaanddha scaling
executed ed t with full
claimant has fully informed herself of its contents and urea g
knowledge thereof:
It is covenanted and agreed between the claimant and City of Elgin this
he City of
and settlement is not to be construed as an admission of liability on p art 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 this 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
(Department)
ode The City of Elgin and its Department of successors and all pers nss in active concerto or with
expressly prohibits its agents,employees, policy or procedure,that_
the Department from engaging in any activity or practice,or from maintaining any p cY P
Makes unavailable or denies a dwelling unit to any person because of race, color, religion, sex,
• familial status,disability or national origin_ status,or
Discriminates against any person on the basis of race,color,religion, ex, famili
Orlin the p ovia nnal
origin in the terms, conditions or privileges of the rental or sale on a dwelling
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 n the their having exercised or enjoyed,or njoym nt of rights protected by
on account of their having aided other p ersons
the Fair Housing Act.
When enforcing the provisions of the City of Elgin Property a Maintenance Code, and and
inspecting residents'
homes for same,the City of Elgin agrees that its agents,employees,
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 be nbssu d or the resident ornowner has schedule'ctuioan
except in situations where a warran
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 eartme t perform an an outside the official duty hours or the outside the official duty
resident or owner has requested that t p
hours.
property solely Decause of occupancy violations exisung in a pamcuiar unit; at
► 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(l) 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 111070 407 S.Dearborn Street Suite 1075
Wheaton,IL 60187 Chicago,II,
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. 12"'FL 100 W.Randolph Street
Chicago,IL 60604-3502 Chicago,IL
Aurie 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,H,
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) 9574674 Phone
(708)9574761 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
PERMISSION TO PERFORM INTERIOR INSPECTION OF DWELLING
TO VERIFY COMPLIANCE WITH CITY OF ELGIN ORDINANCES
Property Address:
Section PM-105.3,Section 1.16.010 and Section 6.37.110 of the Elgin Municipal Code authorize City of Elgin
code enforcement officers to enter dwellings at reasonable times to inspect the premises for the enforcement
of city ordinances.If entry is refused,the code enforcement officer is authorized to apply to the court for an
administrative search warrant authorizing an interior inspection of the dwelling.
The undersigned owner or occupant of the dwelling referenced above has read and understands the content
of this notice and voluntarily consents to an interior inspection of the dwelling by City of Elgin code enforcement
officers for the purpose of verifying compliance with the City of Elgin ordinances and also consents to any
follow-up inspections that may be conducted by the code enforcement officers to confirm any code violations
identified during the initial inspection have been corrected.
Owner or Occupant of Dwelling
Dated: 1999
ATTACHMENT B
CASE NO. COMPLAINANT(S) PROPERTY ADDRESS
05-00-1465-8 Jose Juan Arteaga 224 N. Gifford
05-01-0075-8 Leonel and Rebecca Bravo 25 N. Aldine
05-00-1476-8 Dale Brevik 74 S. Crystal
261 Franklin
05-00-1572-8 Juan and Ofelia Delgado 256 N. Gifford
258 N. Gifford
702 Raymond
259 Cherry
05-00-1489-8 Victor Duron 320 Percy#4
05-01-0235-8 Guadalupe Fernandez 893 Elizabeth St.
05-00-1490-8 Wendell Funderburg 116-118 Center
05-00-1494-8 Juventino Guzman 559 Prospect
05-00-1456-8 James Kawa 230& 232 N. Gifford
05-00-1469-8 Maria Lara 264 N. Liberty
05-01-0367-8 Marco Lopez 406 Addison
05-00-1457-8 Ramona Miller 6 National St.
05-01-0976-8 Rudolfo Moreno and Angelica Bahena 754 W.Chicago St.
05-00-1237-8 Sylvia Quintero 652 Linden Avenue
05-00-1467-8 Sabrina M.Roman 652 N. Liberty
05-00-1460-8 Marvin and Betty Sue Sloan 642 E. Chicago
05-01-1173-8 Ernesto and Beatriz Tapia 467 Jefferson
05-00-1466-8 Hortensia and Margarito Velasquez 320 Percy
255 Center
10-12 Geneva
05-00-1468-8 Maria Velasquez 320 Percy#2
05-00-1458-8 Jose Zaragoza 161 Ann
163 Ann
ATTACHMENT C
STANDARD OPERATING PROCEDURE FOR OBTAINING AND SERVING
ADMINISTRATIVE INSPECTION WARRANTS
The Elgin Municipal Code authorizes code enforcement officers to enter both residential and commercial premises
at a reasonable time to perform code inspections. The property owner,however,has the right to demand that the
code enforcement officer first obtain a search warrant.
The U.S.Supreme Court,in Camara v.Municipal Court of the City and County of San Francisco, 387 U.S.523,
87 S.Ct. 1727(1967)and See v. City of Seattle, 387 U.S. 541,87 S.Ct. 1737(1967)determined"administrative"
searches conducted to enforce public safety ordinances in non-emergency situations constitute searches within the
ambit of the Fourth Amendment that must be conducted under the authority of a search warrant absent consent. The
warrants,the court determined,can be issued upon a showing that there is a reasonable basis(as distinguished from
probable cause)to believe the premises may not be in conformity with the municipality's public safety ordinances.
All complaints for administrative inspection warrants shall be submitted to the corporation counsel for review
and approval prior to application before the court. When seeking an administrative inspection warrant,a code
enforcement officer shall sufficiently allege factual circumstances demonstrating there is a reasonable basis to
believe the subject property is not in conformity with the city's ordinances. The code enforcement officer's
statements should be sufficient to permit the court to determine necessity for the warrant and the appropriate scope
of the search.
A code enforcement supervisor shall accompany every code enforcement officer serving an administrative
inspection warrant. Cabinetry and closets should not be searched absent a reasonable basis for believing a code
violation may be present in the area;mere suspicion is not sufficient justification for such a search. Should a closet
be searched to determine whether an occupant is hiding there,the search should be discontinued immediately upon
confirming whether the closet is or is not occupied.
A police officer may accompany a code enforcement officer during the execution of an administrative inspection
warrant for the sole purpose of providing security and safety to that code enforcement officer. The police officer
shall only"shadow"the code enforcement officer for his or her safety. The police officer shall not facilitate entry,
assist in any search,initiate any contact with the property owner or occupants,nor request any identification from
the property owner or occupants.
The following procedures shall be followed when requesting police department assistance for serving administrative
inspection warrants.
1. When a code enforcement officer determines that assistance is required to serve an administrative
inspection warrant,the code enforcement officer shall contact a code enforcement supervisor or
the property maintenance division manager to discuss the circumstances necessitating police
department assistance.
2. The code enforcement supervisor or the property maintenance division manager shall make a
determination regarding the code enforcement officer's request for police department assistance
based on the totality of facts presented by the code enforcement officer.
3. Should the code enforcement supervisor or the property maintenance division manager determine
police department assistance is justified,the code enforcement supervisor or the property
maintenance division manager shall contact the appropriate personnel within the police
department to arrange for police assistance during the service of the administrative inspection
warrant.
-46-
ATTACHMENT D
City of Elgin
Department of Code Administration and Development Services
Code Enforcement Process
The City of Elgin's Department of Code Administration and Development Services is responsible for enforcing the
City's property maintenance code,building codes,zoning ordinance and various health and safety ordinances. The
following information provides an overview of the City's code enforcement process and describes the procedures
used by the Department of Code Administration and Development Services when conducting code enforcement
inspections. If you have received a notice from a code enforcement officer stating that your home or property is
violating a City code,please review this letter to determine your options for correcting those code violations.
CODE ENFORCEMENT PROCESS
NEW CASES. A code enforcement case is initiated by a citizen complaint,a rental license inspection or when the
code enforcement officer observes a violation. The code enforcement officer then attempts to conduct an inspection
of the property. The City code authorizes the code enforcement officer to enter properties to conduct inspections,
but the property owner may request that a warrant is fast obtained_
If a code violation is not observed,the case is closed. When a code violation is observed, a written notice is mailed
to the property owner or tenant.
TIME FOR CORRECTING CODE VIOLATIONS. Violations concerning exterior property maintenance and
overcrowding and are generally required to be corrected within one month. Code violations affecting life safety
may require compliance within 24 hours.
FOLLOW-UP INSPECTIONS. Follow-up inspections are conducted on the compliance date specified in the code
enforcement officer written notice. When the code violations have been corrected,the case is closed. If the code
violations still remain,one of the following actions may be taken depending on the nature and severity of the cited
code violations:
• Citation Issued_ A$25.00 citation may be issued for the property owner's failure to correct the
code violation in a timely manner.
• Time Extension. A short time extension may be granted after a meeting with the property owner.
When an extension is granted,another follow-up inspection is conducted at the end of the
compliance time frame that has been granted. If the code violation is corrected following a time
extension or citation,the case is closed providing that all citations are paid. If the violation is
corrected but the citations remain unpaid,notice is issued to collect the fines.
• Next Level of Enforcement. The next level of applicable enforcement will be initiated.
NEXT LEVEL OF ENFORCEMENT. If the code violation is not corrected,additional enforcement is
conducted,including one or more of the following actions:
• Additional Citations. Additional citations may be issued.
• Suspension of Rental License. The license suspension and revocation process for rental
residential property may be initiated.
• Court Action. Court action may be initiated to compel compliance and impose fines_
• Demolition. Demolition action may be initiated when severe violations are existing on the
property.
IF YOU HAVE BEEN CITED FOR A CODE VIOLATION
TIME EXTENSION. A property owner may request an extension of time to correct a code violation. Any such
request must be made in writing and filed with the Department of Code Administration and Development Services.
The property owner may contact the code enforcement officer for assistance in making such a request. Compliance
times may be extended if the property owner submits a written request stating the reasons why additional time for
repair or compliance is necessary.
APPEALS. A property owner believing that he or she was improperly cited for a property maintenance code
violation may appeal to the City of Elgin Property Maintenance Board of Appeals. An application for appeal must
be based on a claim that the true intent of the code has been incorrectly interpreted,the provisions of the code do not
fully apply,or the requirements of the code are satisfied by other means. The property owner may contact the code
enforcement officer or Neighborhood Planner and Hispanic Outreach Coordinator for assistance in obtaining the
forms to file an appeal.
HOME REPAIR PROGRAMS. The City has a number of programs to assist low income property owners correct
property maintenance code violations on their property. Contact******at****** for program eligibility
requirements.
BILINGUAL CODE ENFORCEMENT TECHNICIAN. The City of Elgin's Code Enforcement Technician is
available to assist property owners in translating city notices and documents and communicating with members of
the Department of Code Administration and Development Services.Contact******at****** for such assistance.
-2-
ATTACHMENT E
PROOF OF CLAIM FORM
This Proof of Claim Form is to be used to make a claim under the Settlement Agreement dated
,between the United States Department of Justice ("DOJ"), the
Department of Housing and Urban Development("HUD"), the HOPE Fair Housing Center
("HOPE") and the City of Elgin("City").
Identifying Information
1. Name:
2. Date of Birth:
3. List any other names which you have used since October, 1998, including maiden name:
4. Current Home Address:
5. City/State/Zip Code:
6. Social Security Number: — —
Written Order Concerning Occupancy
IX. At any time since October, 1998, did the Household in which you lived receive a written
order from the City directing enforcement of the City's Property Maintenance Code with
respect to the number of persons who could lawfully occupy the dwelling of the subject
Household? YES NO. If YES, attach a copy of each such written order received
from the City and for each such Household which received such a written order, provide
the following:
a) Address:
b) Dates you lived there:
c) The date of the order:
d) List the name, date of birth and relationship to you of every person who lived in
the Household with you at the time the written order from the City was received.
Identify whether or not each person is Hispanic.
e) Did the City's written order direct the Household to vacate any occupants from
the dwelling? YES NO. If YES, attach a copy of the written order, if
available, or state in your own words what it provided.
f) Did the Household actually vacate any occupants based on the City's written
order? YES NO. If YES, list the names of the persons who left because
of the City's written order, list the addresses where such persons moved to and the
dates they left.
g) Was any person who vacated because of the City's written order a visitor or
guest of the Household? _YES NO.
If YES, did the visitor/guest present to the City or offer to present to the City
other permanent address information? _YES NO.
If YES, attach the permanent address information offered or provided, if
available. If not, what information was presented(e.g., driver's license, utility
bill, etc...)?
h) For any visitors/guests who vacated the Household dwelling because of the City's
written order, state how long each such visitor/guest had lived or slept at the
dwelling at the time of the written order to vacate.
Written Order Other Than Occupancy
10. At any time since October, 1998, did the Household in which you lived receive a written
order from the City directing enforcement of the City's Property Maintenance Code
concerning matters unrelated to the number of persons who could lawfully occupy the
dwelling of the subject Household? YES NO.
If YES, attach a copy of each such written order received from the City, if available, and
for each such Household which received such a written order, provide the following:
a) Address:
b) Dates you lived there:
c) The date of the order:
d) List the name, date of birth and relationship to you of every person who lived in
the Household with you at the time the written order from the City was received.
Identify whether or not each person is Hispanic.
e) In response to the written order from the City, did the Household spend money to
remedy alleged violations of the Property Maintenance Code? YES_NO.
If YES, for what and for how much? (Attach receipts for these expenditures.)
—4—
Interior Inspections
11. At any time since October, 1998, was the dwelling in which you lived subject to an
interior inspection by the City Department of Code Administration and Development
Services? YES NO. If YES, for each such dwelling, state the following:
a) Address:
b) Dates that you lived there:
C) The date(s) of the inspection(s):
d) List the name,date of birth and relationship to you of every person who lived in
the dwelling with you or was present at the time of the interior inspection.
Identify whether or not each person is Hispanic.
e) Was the inspection done in order to obtain, reinstate or renew a rental license?
YES NO
f) Was the interior inspection pursuant to a warrant? YES NO.
If YES: What was the warrant based upon?
i) Attach a copy or state in your own words what it said.
If NO: Did someone in the Household sign a consent form for an interior
inspection? YES NO. What language was this consent form in?
g) Was there any adult present on the property at the time of the inspection who was
sufficiently proficient in English to understand the purpose of the inspection and
the right to refuse access? YES NO
If NO: Was bilingual translation assistance made available by the City at the time
of the inspection? YES NO
Other
—5—
(1) Do you believe that you have been discriminated against by the City in its enforcement of
the Property Maintenance Code, in any way other than what has been covered in the
questions above?_YES NO
Description of Facts and Events
(m) Provide a brief narrative description of the facts and events underlying the answers you
provided to the questions above:
14. Category, Compensation and Reasons for Eligibility
For each category in Section 17.2 of the Settlement Agreement for which you claim to be
eligible for compensation, identify:
a) The address of the Household:
b) The specific category:
c) The amount of compensation being claimed for that category:
—6—
d) The specific reasons for being eligible for such category:
Conditions
15. By completing and submitting this Claim Form, do you agree on behalf of yourself and
behalf of every other member of each Household you identify in the Claim Form to the
following? (NOTE: If you do not agree to all of the following by answering YES, you
will not be eligible for consideration for compensation.)
a) You are making this claim on behalf of yourself and on behalf of every other
member of each Household you identify in this Proof of Claim Form.
YES NO
b) You are the parent or legal guardian for each Household member under the age of
18 on whose behalf you are submitting this Proof of Claim Form.
YES NO
b) You agree on behalf of yourself and behalf of every other adult member of each
Household identified herein to be bound by the claims process in the Settlement
Agreement between HUD, DOJ, HOPE and the City in lieu of any other legal
action against the City in any other forum concerning the issues raised or which
could have been raised in your claim. YES NO
C) This claims process shall be the sole and exclusive remedy for you and everyone
else in any Household listed herein for any and all matters raised or which could
have been raised in the Household's claim. YES NO
d) You are aware that there is no guarantee what amount of compensation you will
receive or whether you will receive any compensation at all as a result of
submitting this claim. YES NO
Verification and Signature
I declare under penalty of perjury that the foregoing answers in this Proof of Claim Form
are true and correct to the best of my knowledge and recollection.
Name(Print):
—7—
ATTACHMENT F
IMPORTANT NOTICE TO HISPANIC HOUSEHOLDS THAT HAVE
BEEN INSPECTED BY THE CITY OF ELGIN DEPARTMENT
OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES
The City of Elgin has received complaints that it:
• Selectively enforced the City's Property Maintenance Code and related building codes,
including occupancy standards, against Hispanic residents;
• Conducted interior inspections of Hispanic households,based upon insufficient warrants,
anonymous complaints, and exterior code violations; and
• Used English language inspection consent forms when household members did not read
English.
The City has denied and continues to deny any and all discrimination on its part and on the part
of its officials,officers, employees and agents. A Settlement Agreement has been signed
resolving these complaints. The Settlement Agreement includes a claims process whereby
Hispanic households may file claims for financial compensation based on the allegations
described above.
Your household may be eligible to receive compensation if-
You lived in the City of Elgin at any time since October, 1998;
• Your household is primarily Hispanic; and
• From October 1998 through [date of Settlement Agreement] your household
(1) received a written order from the City telling you to make repairs, move
people out of the dwelling, or take other action because of the City's
Property Maintenance Code; or
(2) was the subject to an interior home inspection by the City's Department of
Code Administration and Development Services.
If you believe that you may have a claim, please call or write to obtain a Claim Form:
Phone No.: 1-800- [TO BE ADDED]
o
,&00
f..3a a35.;
Claim forms can also be found at Gail Borden Public Library, City Hall and HOPE Fair Housing
Center, 2100 Manchester, Suite 1070, Wheaton, Illinois, 60187.
You must complete and return the Claim Form within sixty(60)days of the date of this Notice.
Completed Claim Forms will be reviewed to determine who, if anyone, is eligible to receive
compensation under the terms of the Settlement Agreement.
—10—
ATTACHMENT G
CLAIM FORM
This Claim Form is to be used to make a claim under the Settlement Agreement dated ,
between the United States Department of Justice, the Department of Housing and Urban
Development, the HOPE Fair Housing Center, and the City of Elgin("City"). The Settlement
Agreement includes a claims process whereby Hispanic Households may file claims for
monetary compensation. You must complete the following Claim Form in order to be
considered for compensation under this process. Please have your completed Claim Form
postmarked no later than to:
LI`nitec� °` fAtf�iney's�®�_e
Background Information
I. Name:
II. List any other names you have used since October, 1998, including married names:
III. Current home address, City, State, and ZIP Code:
IV. Home telephone number:
V. Other contact telephone number: ( )
Qualifying Information
(a) Have you lived in Elgin at any time since October, 1998? Yes No
(b) Was your Household primarily Hispanic at the time you lived in Elgin? Yes_ No
(c) From October, 1998 through [DATE OF AGREEMENT] was your household ordered by
the City to make repairs, move out of your dwelling, or take other actions because of the
City's Property Maintenance Code? Yes_ No
If yes, when did this happen?
What address were you living at when this happened?
(d) From October, 1998 through[DATE OF AGREEMENT] did the City Department of
Code Administration and Development Services inspect the interior of your household?
Yes_ No
If yes, when did this hap did the inspection occur?
Was the inspection conducted pursuant to the Rental Licensing Ordinance?
Yes_ No Unknown
What address were you living at when this happen the inspection occurred?
PLEASE NOTE: Do not telephone or contact the City of Elgin or the lawyers for the City of
Elgin. Answers to questions and information will not be provided by the
City. If you have any questions, it is suggested that you either write a
letter to the Department of Justice at the address given above, call 1-800-
or that you talk with a private attorney or some other
person able to help you.
—12—
ATTACHMENT H
WAIVER AND RELEASE AGREEMENT
This Waiver and Release Agreement("Agreement") is between the City of Elgin ("City") and a
Household("Household") which has filed a claim pursuant to the claim process in the Settlement
Agreement dated between the U.S. Department of Housing and Urban
Development, the U.S. Department of Justice, the Hope Fair Housing Center and the City
("Settlement Agreement").
1. The City includes the City itself and its past and present employees, agents, officers,
attorneys, appointed officials and elected officials.
2. The Household includes all persons residing in a dwelling at the time of the City conduct
challenged in the Claim Form submitted by or on behalf of the Household under the
claims process in the Settlement Agreement.
3. The undersigned hereby declare, represent and warrant that the undersigned are all of
the persons who are now 18 years of age or older who were residing in the dwelling of
the Household at the time of the City conduct challenged in the claim form and that the
undersigned are signing this Agreement on behalf of themselves and each of their heirs,
distributees, next of kin, dependents, personal representatives, executors, administrators,
successors and/or assigns. The undersigned hereby further declare, represent and warrant
that the undersigned have the full authority to enter into and execute this Waiver and
Release Agreement, including but not limited to, the full authority to enter into this
Agreement on behalf of themselves, and each of their heirs, distributees,next of kin,
dependents, personal representatives, executors, administrators, successors and/or
assigns.
4. The payment listed below is payable to the Household in settlement of all disputed
claims pursuant to the claims process in the Settlement Agreement.
5. The only consideration for this Agreement is the payment listed below. No other
promise or agreement of any kind has been made to any member of the Household for
this Agreement.
6. The undersigned for each of themselves and for their respective heirs, distributees, next of
kin, dependents,personal representatives, executors, administrators, successors and
assigns,does hereby waive, release, indemnify, defend and hold harmless the City and all
other related persons or entities from and against any and all claims, suits,judgments,
costs,attorneys' fees, damages or other liability or relief whatsoever, which the
undersigned or the Household now has or may ever have relating to or arising from any
matters raised or which could
have been raised in the claim filed by the Household under the claims process in the
Settlement Agreement, including but not limited to, alleged discrimination against
Hispanics by the City in the enforcement of the City's Property Maintenance Code,
Building Code, Zoning Ordinance, Plumbing Code, Electrical Code, Fire Prevention
Code, Heating, Ventilating and Air Conditioning Code, One and Two-Family Dwelling
Code or other City building codes or ordinances. In the event of any action or proceeding
against the City covered by the foregoing duty to indemnify, defend and hold harmless,
such action or proceeding shall be defended by legal counsel of the City's choosing and
the costs thereof shall be paid by the undersigned.
7. The undersigned hereby acknowledge and represent that each is 18 years of age or older
and of sound mind, that no promise, inducement or agreement not herein expressed has
been made to the undersigned, that the terms of this Waiver and Release Agreement are
contractual and not merely recital and that the undersigned are signing this Agreement
knowingly and voluntarily and the undersigned have not been coerced or threatened into
signing this Agreement and have not been promised anything else in exchange for signing
this Agreement.
Household Address:
Payment Amount:
Date:
Name (Signature):
Name (Printed):
Name(Signature):
Name(Printed):
Name(Signature):
Name(Printed):
Name(Signature):
Name (Printed):
—2—
August 19, 2002
ATTACHMENT I
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES DEPARTMENT OF JUSTICE,
THE HOPE FAIR HOUSING CENTER AND THE CITY OF ELGIN ILLINOIS
RESOLVE COMPLAINTS OF DISCRIMINATORY ENFORCEMENT OF HOUSING
OCCUPANCY CODES AGAINST HISPANICS
The United States Department of Housing and Urban Development, the United States Department
of Justice,the HOPE Fair Housing Center and the City of Elgin, Illinois have entered into a settlement
agreement which resolves complaints that the City's building code enforcement practices violate the Fair
Housing Act,by discriminating against Hispanics.
The settlement agreement provides for a claims procedure whereby Hispanic households who allege
discrimination by the City of Elgin may file claims for compensation. The City will establish a$200,000
fund for the claims procedure. Disputed claims will be settled through arbitration. The settlement
agreement also provides for the City and HOPE to enter into a contract to promote fair housing. The
settlement agreement also incorporates a number of other existing policies and procedures regarding code
enforcement practices already adopted by the City of Elgin and several new policies and procedures. The
settlement agreement also provides for the City to continue to fund grant and loan programs for low income
families who need help bringing their properties up to safety code standards.
While the City continues to deny any and all claims of discrimination on its part, the settlement
agreement resolves the ongoing dispute between the parties regarding the City's code enforcement practices.
"This Agreement demonstrates that strict adherence to the Fair Housing Act and vigilant application
of reasonable building and occupancy codes by a municipality are not mutually exclusive,"said Floyd May,
HUD's Deputy Assistant Secretary for Fair Housing. "Both are needed to ensure that all Americans can
live in safe and decent housing of their choice without the fear of harassment."
Bernard Kleina, Executive Director of HOPE Fair Housing Center, issues the following statement:
"We applaud the City of Elgin for striving to be an inclusive community, where all residents are welcome,
regardless of the language they speak or the color of their skin. HOPE looks forward to working with Elgin
to root out discrimination wherever it exists. The programs adopted today by the City will be a model for
other cities across the country to follow."
Ed Schock, Mayor of the City of Elgin, issues the following statement: "The city is pleased that it
was able to resolve this matter with HUD, the United States Department of Justice and the HOPE Fair
Housing Center. This agreement is consistent with the city policy to review and improve procedures
relating to code enforcement activities whenever necessary or appropriate. The city remains committed to
fair housing and to the essential city function of vigorous code enforcement both of which are necessary to
protect the health, safety and welfare of the residents of the city."
-more-
Page Two
The allegations of discrimination first arose in 1998 when seven Hispanic families complained to
HUD that the City targeted them for property inspections and other code enforcement actions because of
their national origin. The City denied any discrimination and maintained that it uniformly enforced the
Building Officials and Code Administrators (BOCA)Code. In September 1999, the City and HUD entered
into a conciliation agreement. In August 2000, HUD issued a report concluding that it had reason to believe
that the City had violated the Conciliation Agreement in its continued disparate enforcement of its property
maintenance code as to Hispanic residents. Shortly thereafter, HOPE, a non-profit, fair housing
organization servicing the Western suburbs of Illinois filed 22 additional complaints with HUD against the
City of Elgin also alleging discriminatory code enforcement against Hispanics.
On October 2, 2000, the City issued a response to the HUD report. The City maintained that it had
not disparately treated Hispanic residents or violated the conciliation agreement. The City has also denied
any unlawful-discrimination in response to the HOPE complaints. The City, HUD and HOPE then began
negotiations to resolve the differences regarding interpretations of and compliance with the Conciliation
Agreement as well as the 22 individual discrimination complaints. The parties were unable to reach a
voluntary settlement and in November 2000, the case was referred to The Department of Justice(DOJ) for
possible litigation.
DOJ began investigating the City's code enforcement practices and in August 2001, DOJ and the
other parties renewed settlement negotiations. The result is today's agreement that calls for the following:
A claims procedure whereby Hispanic households who claim they believe they have been adversely
affected by the City of Elgin's enforcement of its Property Maintenance Code and related building
codes may file claims for compensation. If necessary, a disputed claim will be settled through
arbitration. The City will establish a$200,000 fund for the claims procedure.
A contract between the City of Elgin and the HOPE Fair Housing Center for services for fair
housing education, testing,counseling and related services. The contract will consist of four one-
year contracts in the total amount of$300,000. To the extent permitted by applicable regulations,
the City may use Community Development Block Grant funds provided by the federal government
through HUD to pay for such contracts with HOPE.
Continued funding of the City of Elgin residential rehabilitation program. The City's_
residential rehabilitation program is funded by the City with Community Development
Block Grant Funds provided by the federal government through HUD._The City's
residential rehabilitation program provides grants up to$5,000 for exterior repair or
rehabilitation of eligible owner-occupied, single-family dwellings; forgivable loans up to
$5,000 for exterior repair or rehabilitation of eligible one to four dwelling unit residential
rental properties; grants up to$5,000 for structural modifications to eligible owner-occupied
rental residential property for the purchase and installation of handicap accessible features
for dwelling units occupied by households having one or more mobility-limited disabled
individuals; grants up to$3,000 for the emergency repair of water service lines, sanitary
sewer laterals, furnaces,electrical systems and water heaters serving eligible owner-
occupied, single-family dwellings; and forgivable loans up to$10,000 for lead-based paint
control and abatement in eligible properties;
-more-
Page Three
Continued funding for the Neighborhood Housing Services Home Improvement Fund that provides
forgivable second mortgage loans for interior and exterior rehabilitation required to bring eligible
properties into compliance with code requirements;
Record keeping and reporting requirements for the City of Elgin Department of Code
Administration and Development Services in order to monitor code enforcement activity;
Revised inspection and warrant procedures to insure uniform nondiscriminatory practices
and legal safeguards. These procedures include review of warrants by City attorneys and
restrictions on inspections based solely upon anonymous complaints;
Clarification of certain code interpretation issues to assist with code enforcement practices;
Expanded bilingual translation services for code enforcement inspections and bilingual
training for code enforcement officers; and,
The continuation of the newly established City of Elgin position of Community Relations/Outreach
Coordinator with the duties of such position to include liaison and information services on behalf of
the Hispanic community with regard to City Building or Property Maintenance Code enforcement
actions.
HUD is the nation's housing agency committed to increasing homeownership, particularly among
minorities,creating affordable housing opportunities for low-income Americans, supporting the homeless,
elderly,people with disabilities and people living with AIDS. The Department also promotes economic and
community development and enforces the nation's fair housing laws. More information about HUD and its
programs is available on the Internet at www.hud.gv.
HOPE Fair Housing Center is a not-for-profit civil rights organization located in Wheaton, Illinois.
For over thirty(30)years, HOPE has been working to promote equal opportunity in housing throughout
Chicago's Western Suburbs as well as 28 other counties in Northern and North Central Illinois, through
training and education, housing counseling and the legal enforcement of Fair Housing Laws. HOPE is a past
recipient of HUD's"Best Practices Award" for its fair housing efforts. Information about HOPE is available
on the Internet at http://Nv-"-u,.state.il.us/dhrihousenet/,private/hope/hope.html
The City of Elgin, Illinois,population 94,487, covers an area of approximately 25 square miles. The
city is located approximately 38 miles northwest of Chicago at the north end of the growing Fox Valley
region and along the Interstate 90 Northwest Tollway Corridor. The National Civic League has awarded the
City of Elgin the designation of a"2002 All American City". More information about the City of Elgin is
available at the City's website at«vw.cityofelgin.org