HomeMy WebLinkAbout23-Public Comments
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TITLE VI
VOLUNTARY COMPLIANCE AGREEMENT
and
TITLE VIII
ENFORCEMENT AGREEMENT
between
The United States
Department of HOllsing and Urban Development
and
Maria Hernandez, et al.
and
County of Riverside
CASE NUMBERS:
09-98-2574-8 (Title VIII)
09-99-11-0007-300 (Title VI)
DATE FILED: September 22~ 1998
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codes and regulations.
D) HUD has concluded that Riverside County applied its code enforcement policies and
procedures more stringently in Hispanic-owned mobile home parks.
I) Riverside County conducted inspections in the following Hispanic-owned
mobile home parks:
a) In Perez mobile home park, on October 28, 1997, it found 2.6 serious
violations per unit.
b) In Hernandez mobile home park, on May 27,1998, it found .57
serious violations per unit.
c) In Mora mobile home park, on August 27, 1998, it found 1.38 serious
violations per unit.
2) Riverside County conducted inspections in the following non-Hispanic owned
mobile home parks:
a) In the first park, in June, 1998, it found 1;3 serious violations per unit.
b) In the second park, in June, 1999, it found 1.6 serious violations per
unit.
c) In the third park, in August, 1999, it found 3.0 serious violations per
unit.
d) In the f01ll1h park, in August, 1999, it found 3.3 serious violations per
unit.
3) The County had a moratorium in place on these enforcement actions in 1999
that prevented Ihe County from prosecuting enforcement actions.
4) In the Hernandez mobile home park, Riverside County filed suit against
individual tenants, including the complainants herein. HUD has concluded
that Riverside County did not file an injunction against similarly situated non-
Hispanic owners or their residents.
a) On Augusl 25, 1998, a County Enforcement Officer posted a Notice of
Violation addressed to "all occupants" on the door of each occupied
mobile home in the Mora park. The notice required that occupants vacate
their homes and disconnect all utilities by September 25, 1998.
b) On September I, 1998, a County Enforcement Officer posted a Notice of
Violation addressed to "all occupants" on the door of each occupied
mobile home in the Perez park. The notice required that occupants vacate
their homes and disconnect all utilities by October I, 1998. This Notice
was not used in any other Hispanic-owned park.
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6) Riverside County repeatedly cited a non-Hispanic owner for having an
employee housing facility without proper permits. The number of serious
violations per unit increased by 500% between November, 1997, and August,
1999. Yet. Riverside County issued a permit to operate this employee housing
facility in 1998.
F) The employee housing mobile home parks constitute the maJonty of the
affordable, available housing in Riverside County for farm workers, low wage
workers and others of Mexican descent. After issuing notices to vacate in the
Mora and Perez parks, Riverside County did not offer complainants any
assistance in relocating to other affordable housing units in the area. However,
County Counsel did notifY CRLA within 30 days that the notices to vacate
were erroneous and that the tenants did not need to vacate the parks and
proceeded to create a taskforce to address housing problems.
G) In December 1998, Riverside County began to accommodate the needs of
tenants with limited English proficiency.
I) The loan/grant program for agricultural housing facilities and mobile home
parks program literature was not available in English or Spanish for
employee mobile home parks before May, 1999. In May, 1999, Riverside
County drafted explanations in English and Spanish of loan and grant
programs for mobile home park tenants and owners. This information
includes guidelines, eligibility criteria, background information, and an
application package. Applications may be submitted in English or
Spanish. Literature was available in English and Spanish from the
inception of the program.
2) "Needs assessment forms" have been available in Spanish for at least six
years. However, these forms are only used to survey the public so that
needs can be identified to justify CDBG fund requests.
3) Although there were no legal requirements to do so, the County
implemented bi-lingual notices of violation which were provided to CRLA
in or about December 1998.
HUD concludes that these facts would establish a violation of Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights Act of 1964 and Section 109.
Shortly after the subject complaints were filed, Riverside County declared its opposition
to doing anything in a discriminatory manner and voluntarily imposed a moratorium of its code
enforcement crackdown against alleged unpermitted and substandard employee housing facilities
and mobile home parks. The County took an extraordinary leadership role to form a
collaborative of community organizations and leaders to work in partnership on the issues raised
in the complaints and on its bona fide enforcement, housing and service needs for farnl workers.
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ENFORCEMENT AGREEMENT
WHEREAS, between September 22, 1998 and June II, 1999, thirty (30) tenants of the Mora,
Perez and Hernandez mobile home parks filed a complaints with the Department of Housing and
Urban Development (hereinafter "HUO" or "Department"), under the Fair Housing Act and
under Title VI of the Civil Rights Act of 1964 (hereinafter "Complainants"), against Riverside
County (hereinafter, "Respondent" and/or "County"). The thirty (30) tenants that filed complaints
with HUO, constitute twenty-four (24) families (the "Complainant Families"). A list of these
thirty (30) tenants and HUO case numbers, including the twenty-four (24) complainant families,
is attached as Exhibit "14" to this Agreement. The Complainants alleged that the Respondent
discriminated against them and others on the basis of national origin, Hispanic, by ordering them
and other residents to vacate their mobile homes, in violation of Section 804(a) and 804(b) of the
Fair Housing Act, and Section 601 ofTitle VI of the Civil Rights Act of 1964;
WHEREAS, the Respondent receives Federal funding for certain programs and activities that
subject it to the jurisdiction of Title VI and to the Federal Fair Housing Act;
WHEREAS, said Respondent was served and has had an opportunity to respond to these
complaints;
WHEREAS, HUO has conducted an investigation of the subject complaints;
WHEREAS, the Respondent disputes the allegations and HUD's factual findings and
conclusions contained in the Voluntary Compliance Agreement. The parties agree that the
signing of this Agreement shall not be deemed an admission of the allegations, HUD's factual
findings or conclusions contained in the Voluntary Compliance Agreement, or that Respondent's
actions constitute a violation of the Fair Housing Act or Title VI of the Civil Rights Act of 1964;
WHEREAS, Respondent agrees that on or about August and September of 1998. Ihe Riverside
County Department of Building & Safety issued Notices of Violation in the Mora and Perez
mobile home parks which were served on the owners and occupants oflhe mobile home parks.
These Notices of Violation erroneously contained an order to vacate the mobile homes and
disconnect them from utilities as the only option for compliance. The County subsequently
notified CRLA that the order to vacate was erroneous and that the County was not summarily
closing the unpermitted mobile home parks and employee housing facilities. The issuance of
these notices, however, had already created anxiety and confusion within the community that the
County was summarily evicting tenants from unpermitted or substandard mobile home parks and
employee housing facilities;
NOW THEREFORE, all Parties hereto wish to reach a just resolution of the aforementioned
dispute, and reach a full, equitable and final settlement of all matters arising out of the
aforementioned complaint. The Parties agree that it is in their best interests to avoid further
administrative proceedings, costly legal proceedings, and the possibility of Complainants filing
class action litigation. Accordingly, the Parties enter into this Enforcement Agreement and
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~For the purpose of this Agreement, the Department shall determine whether the Resp. ondent
Vhas complied with the terms of this Enforcement Agreement and Voluntary Compliance
@) Agreement. Whenever the Secretary has reasonable cause to believe that the Respondent has
"\ \' breached the Agreement, the Secretary shall refer the matter to the U.S. Attorney General for
:-\ enforcement of the provisions of the Agreement pursuant to Section 81O(c) and 814(b)
(2)(A) of the Act.
II. No amendment to, modification of, or waiver of any provision of this Agreement shall be
effective unless: (a) all signatories to the Agreement are notified in advance of the proposed
amendment, modification, or waiver; (b) the amendment, modification, or waiver is in
writing; and (c) the amendment, modification, or waiver is approved and signed by the
Director, FHEO. Any amendment, modification or waiver of the provisions contained in
Section III of the Agreement additionally must be approved by the signatories on behalf of
the Complainant to this Agreement, or their successors or assigns. Any such amendment,
modification, waiver or consent shall be effective solely only'in the specific instance and for
the specific purpose for which given.
12. The Complainants, by agreeing to the terms of this Agreement, acknowledge that they have
had the opportunity to consult, and in fact did consult with an attorney in connection with
their decision whether to execute this Agreement, and they have read and signed the
Agreement without duress, coercion or undue influence, and with a full understanding of the
terms.
II.
MUTUAL RELEASE
13.ln consideration of the execution of this Agreement, and other good and valuable
consideration, Complainants hereby forever waive, release, and covenant not to sue
Respondent and its successors, agents, employees and attorneys with regard to any and all
claims, damages and injuries arising out of the subject matter of the HUD Title VIII or Title
VI Cases, referenced in Exhibit "14", or which could have been filed in any action or suit
arising from said subject matter.
14. In consideration of the execution of this Agreement, and other good and valuable
consideration, Respondent hereby forever waives, releases, and covenant not to sue
Complainants and their heirs, executors, assigns, agents, and attorneys with regard to any and
all claims, damages and injuries arising out of the subject matter of the HUD Title VIII or
Title VI Cases referenced in Exhibit "14", or which could have been filed in any action or
suit arising from said subject matter. Respondent shall not prosecute new or continuing code
enforcement or abatement actions based on the inspections which are the subject of the HUD
Title VIII or Title VI Cases referenced in Exhibit "14". This shall not prevent Respondent
from prosecuting new or continuing code enforcement or abatement actions based on new
inspections, even though the violations or conditions on the property may be the same as that
which existed during the prior inspections.
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the letter. attached as Exhibit "13", confirming that the County does not condone
discriminatory practices.
20. Riverside County shall provide relocation assistance to any family or individual displaced
from a mobilehome park or employee housing as a result of any code enforcement related
activity as follows: (I) Relocation assistance shall be provided in accordance with the
relocation assistance provisions of any federal program from which any of the federal funds
are used in the code enforcement activity, if the program has such provisions, or in
accordance with the federal Uniform Relocation Act if any federal funds are used but the
funds are from a federal program which does not have specific relocation provisions; (2)
Relocation assistance shall be provided in accordance with the California Community
Redevelopment laws if any redevelopment agency funds are used in the code enforcement
related activity; (3) Relocation assistance not exceeding the amount of $3,000.00 from the
County's Relocation AssistancelRepairs Program (see Exhibit "I") shall be provided if any
State or local funds are used in the code enforcement activity; and the Respondent agrees
that in any code enforcement litigation it will seek on behalf of the tenants or occupants
relocation assistance pursuant to Health & Safety Code section 17980.7 or Health & Safety
Code section 17062.
IV.
ACTIONS IN THE PUBLIC INTEREST
2 I. Respondent shall adopl written policies and procedures within 120 days from the effective
date of this Agreement, with objective criteria for carrying out health and safety and code
enforcement activities relating to its illegal mobile home park and employee housing
enforcement in the Coachella Valley. The criteria must be consistent with federal, stale and
local law, including but not limited to stating a preference for repair rather than demolition,
etc. and providing for bilingual notices (see Exhibit "8") and appropriate language
accommodations for any non-court hearings required by law.
22. Respondent has passed a formal resolution adopting all park owner and tenant grant and loan
programs that have been established: Mobile Home Tenant Assistance Loan Program,
Agricultural Housing Assistance Loan Fund, Mobile Home Park Assistance Loan Fund. and
the Agricultural Housing Facility Permit Assistance Grant Program. (See Resolution No.
RDA 99-34, Exhibit "I.")
23. Within 180 days of the effective date of this Agreement, the Respondent shall establish a
complaint program where aggrieved individuals can file complaints against County actions
in connection with its unpermitted mobile home park/employee housing enforcement
program. Receipt and review of complaints shall be a function of the Review Committee
which will be formally acknowledged by Board resolution.
24. Respondent shall employ sufficient bilingual, housing and code enforcement officers and
staff, so as to meet the needs of the Hispanic community. Should the County resume
responsibility for Ihe annual inspection and regulation of employee housing from DHCD,
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31.
Respondent agrees to grant the Review Committee formal Fourth District Advisory Council
Status within 120 days of the effective date of this Agreement. Respondent agrees to draft a
Resolution, in consultation with CRLA, that identifies the make-up of the Review
Committee members and agrees that the Review Committee will include a representative
from the Riverside County Fourth District Supervisor's Office.
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Respondent further agrees to submit the policy and procedures referred to in Paragraph No.
21 to the Review Committee for their review within 120 days from the effective date of this
Agreement.
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Respondent agrees to apply for all known available farmworker and low income housing
funding through HUD, USDA, DHCD, RCAC and other funding resources. CRLA is invited
to submit list(s) of available farmwarker and low income housing funding resources to
Respondent. Respondent will investigate funding sources on a regular basis. I
34. The County will establish a Farmworker Service Center in Mecca. Several sites are under
consideration with priority given to sites in the "downtown" Mecca vicinity. The County will
provide, or cause to be provided approximately $1,500,000 for the construction of the
approximately 8,000 square foot facility. The County commits to purchasing the land and
breaking ground by October 2, 2000. The County will provide or cause to be provided direct
services, referrals for housing services, health awareness, medical, social, employment,
training, adult educational, and other services as deemed appropriate. In addition, restroom,
shower, laundry and adequate parking facilities will be provided in a separate, permanent site
in close proximity to the service center. The County may use-modular units for the restroom,
shower and laundry facilities. There will be separate shower facilities for families and single
adults.
35. Respondent shall, support the establishment of an independent non-profit housing
corporation that specializes in applying for funding and creating housing programs and
building decent, affordable housing, including mobilehome park housing, and repairing
housing units, for the benefil of individual farmworkers and farmworker families (migrant
and seasonal) and other low income individuals and families. The Respondent shall provide
HOME funds and technical assistance within 365 days of the effective date of this
Agreement for a non-profit housing corporation in the amount of Fifty Thousand Dollars
($50,000).
36. Respondent shall, within 180 days of the effective date of this Agreement. establish and
implement a County funded grant program for accepting and properly disposing of any
substandard mobilehome owned by a farmworker or other low income individual that is
cited by a code enforcement order, in a mobilehome park subject to a closure order, or that is
owned by a farmworker or low income individual applying for a new unit according to the
terms of an enforcement agreement entered into by the parties, or through one of the
grant/loan programs established by the County, without cost to the owner.
I CSDA. United Stated Department of Agriculture
DHCD, Department of Housing and Community Development
RCAC. Rural Community Assistance Corporation
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a. Respondent shall file a report with. the Secretary contammg all the required notices,
policies, procedures and payments to Complainant required under Section III of this
.-\greement, and not attached as Exhibits to this Agreement, within 120 days of the effective
date of this Agreement.
b. Respondent shall provide a report to the Secretary with copies of all required public
notices, adopted policies and procedures, resolutions, funded programs, etc described in
Section IV of this Agreement. and not attached as Exhibits to this Agreement, no later than
December 31, 2000.
c. Respondent shall provide a report regarding completion of training under paragraph 25 of
Section IV, no later than December 31,2000.
d. One (1) calendar year after the effective date of the Agreement, Respondent shall file a
report with the Secretary containing an account of all steps taken by the Respondent, its
employees/staff, Board of Supervisors, etc. to comply with the provisions under this
Agreement
43. Should Respondent resume inspections and regulation of employee housing from DHCD,
Respondent agrees to submit a copy of the annual inspection reports for each employee
housing facility within one year of the date Respondent resumes these inspection and
regulation activities.
44. The Secretary shall have the right to monitor compliance with this Agreement for a period of
five (5) years commencing on the effective date of this Agreement. The Secretary shall have
the right to require the Respondent, its employees, staff and officials to prodilce any further
information that may become necessary in order for the Secretary to be able to monitor
compliance.
45. This Agreement may be signed in counterparts. A signature on a counterpart shall be deemed
a signature on the original Agreement, and shall be binding and have the same force and
effect.
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