Human Rights and Fair Housing Commission

City of Naperville 400 S. Eagle Street Naperville, IL 60540 Meeting Minutes - Final Monday, November 1, 2021 6:30 PM Meeting Room B Human Rights and Fair Housing Commission Human Rights and Fair Housing Meeting Minutes - Final November 1, 2021 Commission Agenda Introductory Language Due to the COVID-19 pandemic, members of the public attending the meeting may do so subject to compliance with COVID-19 safety protocols, including wearing face coverings at all times while inside City buildings. TO SPEAK LIVE AT THE MEETING: To address the Commission, members of the public may sign up with staff immediately prior to the meeting. PUBLIC ACCOMMODATION: • Any individual who may require an accommodation to participate in the meeting should contact the Community Services Department at (630) 305-5300 by 4 p.m. on November 1. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Commission members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. • SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the meeting. Once your name is called you may identify yourself for the public record and then address remarks to the Commission as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: Chairman Miller called the meeting to order at 6:30 p.m. B. ROLL CALL: Present 10 - Jim Bergeron, Shree Gurusamy, Diana Hawken, Alex Jacobs, Patrick Kelly, Linda Kuhn, Steve Lakner, Bradford Miller, Brian Palm, and Mark Rice Absent 2- Sha'Ron Booker, and Nate Wilson Others Present: Councilman Patrick Kelly, Ruth Broder, Geneace Williams C. PUBLIC FORUM: City of Naperville Page 1 Printed on 3/6/2023 Human Rights and Fair Housing Meeting Minutes - Final November 1, 2021 Commission Phil Meno, DuPage Housing Alliance, provided brief comments on housing issues. D. OLD BUSINESS: 1. Approve the Human Rights and Fair Housing meeting minutes of September 13, 2021 Attachments: Draft Meeting Minutes 091321 Chairman Miller requested a motion to approve the Human Rights and Fair Housing Commission minutes for September, 2021. A motion to approve the minutes was made by James Bergeron, seconded by Brian Palm. The motion was approved unanimously. The Minutes were approved. E. NEW BUSINESS: Geneace Williams, DEI Manager, presented two complaints submitted in October, 2021. Both complaints were submitted by tenants at Extended Stay America (ESA). 1. Review Complaint #FH-022021 and direct staff accordingly Complaint 1: The tenant's complaint stated that her room was infested with bedbugs. She requested that she be moved to a different room. ESA management declined her request. The complainant stated that she felt threatened by management. She indicated to DEI Manager Williams that she would submit additional facts to add to the complaint, but did not do so after several requests from Williams. Therefore, Williams stated that she was presenting the facts that had been submitted. The complaint alleges discrimination based on race, marital status, gender and age (complainant is 38 years old). Williams contacted the complainant and advised her that the City does not perform bedbug testing and referred her to the DuPage County Department of Health. 2. Review Complaint #FH-032021 and direct staff accordingly Complaint 2: The tenant's complaint alleged that her room is unsafe and uninhabitable due to mold, mildew and odor from pipes. The tenant requested to be moved to another room. She alleges discrimination due to her request not being honored and that management refused to accept payments and behaved rudely towards her. The tenant has three children with disabilities (1 adult and 2 minors) and further alleges that ESA discriminated against them by refusing reasonable accommodation for their disabilities. The tenant is not currently represented by counsel. DEI Manager Williams explained to the complainant that the mold allegation would require testing, which the tenant must have done City of Naperville Page 2 Printed on 3/6/2023 Human Rights and Fair Housing Meeting Minutes - Final November 1, 2021 Commission and provide the results to the City. The tenant stated that she would have the testing done, but had not provided any results to the City, as of the date of the HRFHC meeting. Williams stated that the first case did not represent a violation of city ordinances and that the second would require followup with ESA. Williams will follow up with findings if testing results are provided by the complainants. Commissioner Bergeron asked if a short-term rental with no lease or month-to-month lease in a hotel/motel would be covered by the City's fair housing ordinance. Commissioner Palm asked if a complaint should be brought under public accommodation ordinances rather than fair housing. Williams stated that the allegations should be investigated under either case. Commissioner Rice stated that regarding public accommodations, the ordinance does require investigation of discrimination. Therefore, the complaints fall within the Commission's mission. Commissioner Bergeron suggested that staff confer with the legal department to determine the status of the complaints. Chairman Miller and Commissioner Bergeron stated that since the complaints involve health issues, they might not be within the Commission's perview. The DuPage County Health Department would have oversight and can determine further action to take regarding the complaints. Williams stated that the complainants reported they had submitted complaints to the DuPage County Department of Health, and they both allege discrimination. The Commission should determine if causes of action have been stated for discrimination under the city ordinance. 3. Review and approve the proposed Human Rights and Fair Housing Commission meeting schedule for calendar year 2022 Attachments: 2022 Human Rights and Fair Housing Commission Calendar Commissioner Palm made a motion to approved the Human Rights and Fair Housing Commission Meeting Schedule for 2022, seconded by Commissioner Rice. Commissioner Palm asked if a monthly meeting might be needed to address complaints in a timely fashion. Ms. Broder stated that both complaints were submitted in October. Discussion on the time needed to address complaints. Additional discussion on scheduling meetings. A vote was taken on the motion, which was approved unanimously. This Meeting Schedule was approved. F. REPORTS: 1. Receive status reports on the Analysis of Impediments to Fair Housing Choice (AI) and Affordable Housing Work Plan and direct staff accordingly Attachments: AI Action Plan Progress Report_November 2021 City of Naperville Page 3 Printed on 3/6/2023 Human Rights and Fair Housing Meeting Minutes - Final November 1, 2021 Commission Reports were presented on the Analysis of Impediments to Fair Housing Choice (AI) Action Items and Affordable Housing Work Plan: Progress was made on the vacant parcel at 103rd and 59th. A Request For Proposals has been published and is due on December 13, 2021. The review committee will meet to discuss proposals and finalize choice of a developer in February/March, 2022. Previously, Chairman Miller was chosen by the HRFHC to represent the Commission on the review committee. He and other committee members will receive copies of proposals for review. City Councilman Patrick Kelly stated that there is a City Council Agenda Item requesting feedback from City Council on the Inclusionary Zoning Ordinance (IZO) proposal. Staff is recommending a voluntary program. If there is a concensus to move forwards, staff will request that the consultant prepare a draft ordinance. There will be a conversation with staff on what incentives should be included in the ordinance. Councilman Kelly noted that there is tension between different goals, ie. affordability and appearance, appearance and density, etc. The council will provide input and Staff will seek City Council direction on incentives to be included. The SB Friedman report will test the impact of different incentives on development. G. ADJOURNMENT: There being no further comments or discussion, Chairman Miller requested a motion to adjourn the meeting. A motion was made by Commissioner Palm, seconded by Commissioner Hawken. The motion was approved unanimously. The meeting was adjourned at approximately 7:30 p.m. /S/Ruth Broder Ruth Broder, AICP Community Grants Coordinator City of Naperville Page 4 Printed on 3/6/2023