Human Rights and Fair Housing Commission

City of Naperville 400 S. Eagle Street Naperville, IL 60540 Meeting Minutes - Final Monday, January 9, 2023 6:30 PM Meeting Room B Human Rights and Fair Housing Commission Human Rights and Fair Housing Meeting Minutes - Final January 9, 2023 Commission Agenda Introductory Language 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 January 9. 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 6:35 PM. B. ROLL CALL: Present 6- Jim Bergeron, Diana Hawken, Alex Jacobs, Bradford Miller, Brian Palm, and Nate Wilson Absent 4- Sha'Ron Booker, Nag Jaiswal, Patrick Kelly, and Linda Kuhn Also present: Miranda Barfuss, CDBG Administrator; Geneace Williams, Diversity Equity Inclusion Manager; Drake Cote, Student Representative; Rahil Pahel, Student Representative C. PUBLIC FORUM: City of Naperville Page 1 Printed on 3/7/2023 Human Rights and Fair Housing Meeting Minutes - Final January 9, 2023 Commission None D. OLD BUSINESS: 1. Approve the Human Rights & Fair Housing Commission meeting minutes of November 7, 2022 Attachments: Human Rights and Fair Housing Commission Meeting Minutes DRAFT 11072022 Commissioner Bergeron made a motion to approve the Human Rights & Fair Housing Commission meeting minutes of November 7, 2022, seconded by Palm. The motion was approved and carried by the following vote: Aye: 6- Bergeron, Hawken, Jacobs, Miller, Palm, and Wilson Absent: 3- Booker, Jaiswal, Kelly, and Kuhn 2. Review Complaint #32022 and direct staff accordingly Williams reviewed the complaint discussed at the last meeting. The complainant is seeking improvements to the ramp at the condominium she lives in. She sent photos of the ramp and they are the same photos that were shared with the Commission last meeting. Williams has inquired with the association manager and has not received a response, however, the complainant has alluded to the association's response stating that the improved ramp could be put in at the complainant's expense in accordance with federal law. The complainant also filed a complaint with HUD around December 1, 2022. That case is pending. Williams stated that our Legal Department recommends we seek to get a copy of any response letter issued to the complainant and, if this really is an ADA complaint, then the individual needs to direct her complaint through the Attorney General or the Department of Justice at the federal level. Bergeron reviewed that it is a federal law that the complainant has the right to improve the ramp at her own expense. Palm noted that the complaint is still unclear since there is an existing ramp at the location. Williams replied that the complainant wants the association to change the configuration of the ramp. Hawken asked if this complaint is under our purview and Miller replied that it is an ADA complaint and not under the Commission's purview. Williams suggested closing the complaint and she will follow up with a letter to the complainant after she hears back from the association. Commissioner Bergeron made a motion to close the complaint, seconded by Palm. The motion was approved and carried by the following vote: Aye: 6- Bergeron, Hawken, Jacobs, Miller, Palm, and Wilson Absent: 3- Booker, Jaiswal, Kelly, and Kuhn E. NEW BUSINESS: 1. Review Complaint #42022 and direct staff accordingly City of Naperville Page 2 Printed on 3/7/2023 Human Rights and Fair Housing Meeting Minutes - Final January 9, 2023 Commission Williams presented Complaint #42022. The individual has filed a complaint against Tapesty Apartments, alleging that they denied to lease her an apartment because of her disability and her source of income. The apartment complex requires monthly income to be three times the monthly rent. The complaintant has a housing voucher and reports that her income is three times her portion of the rent and she was denied an apartment. Williams contacted the attorney for Tapestry Apartments and provided a copy of the complaint. The attorney is following up with his client. Bergeron stated that source of income is protected in the State of Illinois as of January 1, 2023; the voucher amount should be added to her income and the apartment complex cannot hold the source of income against her for any reason whatsoever. Williams replied that the complainant asserts that her income only needs to be three times her portion of the rent when using the housing voucher, not three times the total rent, which is $2,785 per month. The amount of the voucher is unknown, but the complainant states that she was approved for up to $3,000. Bergeron reviewed that if the rent is $2,785 per month, the complainant needs $8,355 in monthly gross income to qualify for the apartment and if the voucher is approved for up to $3,000 then she needs $5,355 in monthly gross income to qualify for the apartment. If the complex uses the same calculation for every person they lease to, there is no discrimination. Palm noted that the voucher amount will vary based on the number of bedrooms the apartment has. Bergeron added that, in many cases, the housing voucher holder is not allowed to contribute toward rent while using the voucher. Hawken asked what the complainant's disability is and Williams replied that the complainant did not provide information regarding her disability to the apartment complex and did not include it in her complaint. Bergeron stated that we need to know the nature and amount of the housing voucher, the amount of the complainant's income, the leasing policy and response of the apartment complex, and the nature of the complainant's disability. Commissioner Bergeron made a motion to direct staff to seek further clarification and table the complaint until the next meeting, seconded by Palm. The motion was approved and carried by the following vote: Aye: 6- Bergeron, Hawken, Jacobs, Miller, Palm, and Wilson Absent: 3- Booker, Jaiswal, Kelly, and Kuhn F. REPORTS: None G. ADJOURNMENT: Commissioner Bergeron made a motion to adjourn the regular Human Rights & Fair Housing Commission meeting of January 9, 2023 at 6:49 PM, seconded by Palm. The motion was approved by unanimous voice vote. /S/ Miranda Barfuss Miranda Barfuss CDBG Administrator City of Naperville Page 3 Printed on 3/7/2023 Human Rights and Fair Housing Meeting Minutes - Final January 9, 2023 Commission City of Naperville Page 4 Printed on 3/7/2023