Loading...
HomeMy WebLinkAbout23-Public Comments r. ' a,_ ,.-. fc{ 101 {'- COM~ 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 'cr: '~~r PPf1"rd :It / I ii,','Cm, Mtg: g I (p /; I ~p-~ --~~-' G!"li :,~:::~.i<lr'~;( Sel:Y .;."-,, .' p~~ 4/=..2$ ?-C,-Ol , ,". 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. 2 ". .,'. 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. 4 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 6 ~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. 8 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, 10 , 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. 'J .L. 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. " .J.). 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 12 ., ... . . . 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. 14