Human Rights and Fair Housing Commission

City of Naperville 400 S. Eagle Street Naperville, IL 60540 Meeting Minutes Monday, February 7, 2022 6:30 PM Meeting Room B Human Rights and Fair Housing Commission Human Rights and Fair Housing Meeting Minutes February 7, 2022 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 Februrary 7. 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 6:34 p.m. B. ROLL CALL: Present 9- Jim Bergeron, Sha'Ron Booker, Shree Gurusamy, Diana Hawken, Linda Kuhn, Bradford Miller, Brian Palm, Mark Rice, and Nate Wilson Absent 2- Alex Jacobs, and Patrick Kelly City of Naperville Page 1 Printed on 5/31/2022 Human Rights and Fair Housing Meeting Minutes February 7, 2022 Commission Also Present: Ruth Broder, Community Grants Coordinator; Geneace Williams, Diversity, Equity and Inclusion Manager; Maya Raman, Student Representative C. PUBLIC FORUM: There were no speakers for Public Forum. D. OLD BUSINESS: 1. Approve the Human Rights and Fair Housing Commission meeting minutes of November 1, 2021 Attachments: HRFHC_DRAFT MeetingMinutes_November 1, 2021 A motion was made to approve the Human Rights and Fair Housing Commission meeting minutes of November 1, 2021. The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Kuhn, Miller, Palm, Rice, and Wilson Absent: 1- Jacobs, and Kelly 2. Approve the revised Human Rights and Fair Housing Commission meeting schedule for calendar year 2022 Attachments: 2022 Human Rights and Fair Housing Commission Calendar Staff requested approval of the revised 2022 meeting schedule. A meeting will be scheduled on April 4th for a presentation by the TED Business Group on possible standards for a voluntary inclusionary zoning ordinance (IZO) to be proposed for adoption by the City. The commission will decide later if a May meeting is necessary. A motion was made by Commissioner Palm, seconded by Commissioner Kuhn, to approve the revised meeting schedule. A motion was made by Palm, seconded by Kuhn, approved. The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Kuhn, Miller, Palm, Rice, and Wilson Absent: 1- Jacobs, and Kelly 3. Receive the staff report and determine if causes of action for discrimination have been stated under the applicable ordinance - #FH-22021 Staff Report on Complaint #FH-022021 - Following up on her preliminary report, made at the November 2021 HRFHC meeting, DEI Manager Williams presented her full case report: The complainant alleged poor living conditions, rudeness and threatening behavior by staff of Extended Stay America (ESA). Ms. Williams initially referred the complainant to the DuPage County Department of Health. Subsequently, the complainant filed a discrimination complaint under the City of Naperville’s Human Rights and Fair Housing Ordinance. Staff interviewed both parties; ESA offered the complainant a new room where she has now moved. Williams advised the Commission that the complainant’s allegations do not meet the standard for discrimination under the City’s ordinance: The basis of City of Naperville Page 2 Printed on 5/31/2022 Human Rights and Fair Housing Meeting Minutes February 7, 2022 Commission her complaint was ESA did not give her a new room, but they have now done so. The complainant also contacted police regarding the alleged threatening behavior. Ms. Williams advised that this is a police matter that would not fall under the City’s jurisdiction. Ms. Williams further advised that the complainant had not met the standards required to prove a claim of discrimination under Naperville’s ordinance. Therefore, Ms. Williams recommended that the complaint be dismissed. Commissioner Palm moved to dismiss the complaint, seconded by Commissioner Bergeron. The motion passed by the following vote: A motion was made by Palm, seconded by Bergeron, to dismiss Complaint #FH-022021.The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Kuhn, Miller, Palm, Rice, and Wilson Absent: 1- Jacobs, and Kelly 4. Receive the staff report and determine if causes of action for discrimination have been stated under the applicable ordinance - #FH-32021 Staff Report on Complaint #FH-032021 - Following up on her preliminary report, made at the November 2021 HRFHC meeting, DEI Manager Williams presented her full case report: The complainant alleged poor living conditions at Extended Stay America (ESA), including mold, mildew and odor. The complainant stated that as a result of the poor conditions she received medical treatment and hired an attorney. She wants ESA to pay her attorney’s fees. She also requested that ESA provide her with a different room and alleged that ESA did not comply with her request. Staff advised the complainant that the City does not conduct mold testing and that the complainant would have to arrange for this to be done if she wanted to confirm the existence of mold. To date, the complainant has not provided confirmation that she has had mold testing done. Williams also spoke with ESA’s attorney who stated that ESA has offered the complainant two different rooms, which she refused. ESA further states that the complainant has not paid rent since September, 2021. The complainant has also filed a lawsuit against the Illinois Department of Human Services for terminating payments she was receiving as an assistant to her disabled child. Williams advised the Commission that the complainant’s allegations regarding ESA do not state a claim for discrimination under the City’s ordinance. The basis of her complaint was discrimination due to ESA’s refusal to provide her with a new room. Commissioner Palm asked if the Commission has the authority to rule on a request for stable housing or to require a defendant to pay attorney’s fees. Ms. Williams replied that these requests are outside the ordinance, but that they are included in the report because they are part of the complainant’s allegations and the remedy she is requesting. Williams stated that according to the City’s ordinance, the complainant has not shown discrimination. Rudeness is not discrimination. A finding of discrimination must be directly related to the complainant’s membership in a protected class. Staff can respond to questions and must review all filed complaints. In response to a question, Ms. Williams said that no other complaints are active at this time. A motion was made by Bergeron, seconded by Palm, to dismiss Complaint City of Naperville Page 3 Printed on 5/31/2022 Human Rights and Fair Housing Meeting Minutes February 7, 2022 Commission #FH-032021. The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Kuhn, Miller, Palm, Rice, and Wilson Absent: 1- Jacobs, and Kelly 5. Receive a report on the community meeting scheduled for the March 7, 2022 meeting of the Human Rights and Fair Housing Commission and direct staff accordingly Attachments: TED Memo to HRFHC - 103rd and 59th Parcel In relations to the March 7, 2022 HRFHC meeting, Chairman Miller reported on the 103rd/59th proposal selection committee he served on, briefly describing the process and outcome. Of four companies submitting proposals, Gorman and Mercy Housing were chosen as finalists. Chairman Miller mentioned some of the differences between the two proposals, referring to the memorandum prepared by the TED staff. Chairman Miller though both proposals had good design features, such as green energy, solar energy, etc. He recommended that everyone read the proposals prior to the March 7 meeting. The agenda for the March 7, 2022 HRFHC meeting will consist of presentations by the two finalists to community residents, presided over by the Commission. Discussion followed on goals of the March 7 meeting. The Commission will not be making the decision on the proposals, rather facilitating discussion. The companies want feedback and may adjust the design based on comments. No recommendation will be adopted - just bringing up relevant questions and keeping a focus on affordability. Affordability is part of the Commission’s purview and is required by the Request for Proposals (RFP). Ultimately the Planning and Zoning Commission will make the decision; the HRFHC role is to ask relevant questions on affordability, including how to define affordability and maintain affordability over 30 years, etc. Though the Commission will not make a recommendation to staff, commissioners will have the opportunity to state their views. Staff will consider both community and Commission feedback. E. NEW BUSINESS: Maya Raman, a new student representative, was introduced. 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_January 2021 HAC Recommendations and Proposed Affordable Housing Work Plan (12) · At previous meetings, commissioners agreed to postpone transportation proposals included in the Analysis of Impediments to Fair Housing Choice (AI) City of Naperville Page 4 Printed on 5/31/2022 Human Rights and Fair Housing Meeting Minutes February 7, 2022 Commission · Single-Family Rehab Program - The City will seek a nonprofit subrecipient to develop and manage this program. Rehab funding will be around $15000 per house. SFR will focus on, but not be limited to, low/mod seniors · Naperville is approaching the end of initial 5-year period covered by the Analysis of Impediments to Fair Housing Choice (AI) (adopted in 2017). Staff will consult HUD regarding next steps. G. ADJOURNMENT: There being no further business, a motion was made by Commissioner Palm, seconded by Commissioner Hawken, to adjourn the regular Human Rights and Fair Housing Commission Meeting of February 7, 2022 at 7:18 p.m. The motion carried by the following vote: There being no further business, a motion was made by Commissioner Palm, seconded by Commissioner Hawken, to adjourn the regular Human Rights and Fair Housing Commission Meeting of February 7, 2022 at 7:18 p.m. The motion carried by the following vote: Absent: 1- Jacobs, and Kelly /S/ Ruth Broder Ruth Broder, AICP Community Grants Coordinator City of Naperville Page 5 Printed on 5/31/2022