CONCILIATION / VOLUNTARY COMPLIANCE AGREEMENT (3)UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
TITLE VIII
CONCILIATION / VOLUNTARY COMPLIANCE AGREEMENT
between
Freddie Jones
2021 Oakdale Way
Clearwater, Florida 33755
(Complainant)
and
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
(Respondent)
Approved by the FHEO Regional Director on behalf of the United States Department of
Housing and Urban Development
FHEO CASE NUMBER: 04-13-0019-8/4/9/D
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A. PARTIES AND SUBJECT PROPERTY
This Conciliation Agreement is entered into by and between the United States
Department of Housing and Urban Development on behalf of Freddie Jones, (hereinafter
"Complainant") and the City of Clearwater (hereinafter "Respondent") (Respondent and
Complainant hereinafter "the Parties").
Complainant
Freddie Jones
2021 Oakdale Way
Clearwater, Florida 33755
Respondent
City of Clearwater, FL
P.O. Box 4748
Clearwater, FL 33758-4748
Sub�ect property
2021 Oakdale Way
Clearwater, Florida 33755
B. STATEMENT OF FACTS
A complaint was filed with the United States Department of Housing and Urban
Development (HUD or the Department) on October 5, 2012, alleging the Complainant
was injured by a discriminatory act caused by the Respondents.
The Complainants believes that the discrimination is based on disability. The
Complainant believed the Respondents discriminated against them in violation of
Sections 804(�(1), 804(fl(2), 804(�(3)(B), 810(g)(2)(C), Section 504 ofthe
Rehabilitation Act of 1973, Section 109 of the Housing and Community Development
Act Of 1974, and Title II of the Americans with Disabilities Act.
C. TERM OF AGREEMENT
1. This Conciliation Agreement (hereinafter "Agreement") shall govern the conduct of
the parties to it for a period of one (1) year from the effective date of the signing of this
Agreement by all parties.
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D. EFFECTIVE DATE
2. The parties expressly agree that this Agreement constitutes neither a binding contract
under state or federal law nor a Conciliation Agreement pursuant to the Act, unless and
until such time as it is approved by the U. S. Department of Housing and Urban
Development, through the FHEO Regional Director, or his or her designee.
3. This Agreement shall become effective on the date on which it is approved by the
Director of the Office of Fair Housing and Equal Opportunity (FHEO) 40 Marietta Street,
Atlanta, Georgia 30303, of the United States Department of Housing and Urban
Development (HUD).
E. GENERAL PROVISIONS
4. The parties acknowledge that this Agreement is a voluntary and full settlement of the
disputed complaint. The parties affirm that they have read and fully understand the terms
set forth herein. No party has been coerced, intimidated, threatened, or in any way forced
to become a party to this Agreement.
5. The Respondents acknowledge that they have an affirmative duty not to discriminate
under the Fair Housing Act, Section 504, Section 109 and Title II of the ADA and that it
is unlawful to retaliate against any person because that person has filed a complaint,
testified, or participated in any manner in a proceeding under the Fair Housing Act,
Section 504, Section 109 and Title II of the ADA. Respondents further acknowledge that
any subsequent retaliation or discrimination against the Complainants constitutes both a
material breach of this Agreement, and a statutory violation of the Fair Housing Act,
Section 504, Section 109 and Title II of the ADA and that it is unlawful to retaliate
against any person because that person has made a complaint, testifed, or assisted others
in filing a claim and, or further acknowledge that any subsequent retaliation or
discrimination constitutes both a material breach of this Agreement, and a statutory
violation of the Act.
6. This Agreement, after the FHEO Regional Director, or his or her designee has
approved it, is binding upon the owners, employees, heirs, successors and assignees and
all others in active concert with them in the ownership, operation or regulation of the
subject property.
7. It is understood that, pursuant to Section 810(b)(4) of the Act, upon approval of this
Agreement by the FHEO Regional Director, or his or her designee, it is a public
document.
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8. This Agreement does not in any way limit or restricts the Department's authority to
investigate any other complaint involving the Respondent(s) made pursuant to the Fair
Housing Act, or any other complaint within the Department's jurisdiction.
9. No amendment to, modification of, or waiver of any provisions of this Agreement
shall be effective unless: (a) all signatories or their successors to the Agreement agree in
writing to the 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 FHEO Regional Director.
10. The Parties agree that the execution of this Agreement may be accomplished by
separate execution of consents to this Agreement, the original executed signature pages to
be attached to the body of the Agreement to constitute one document.
11. The Parties acknowledge that Respondent City Council of Clearwater, FL and
Respondent Community Response Team for the City of Clearwater, FL are hereby
released by HUD from this complaint. The parties further acknowledge that the signature
of Respondent City Council of Clearwater, FL and Respondent Community Response
Team for the City of Clearwater, FL are not required for the execution of this Agreement.
12. Complainant hereby forever waives, releases, discharges and covenants not to sue the
Department or Respondents or their respective officers, partners, directors, heirs,
executors, assigns, agents, employees, attorneys, subsidiaries, affiliates, representatives
and successors with regard to any and all claims, demands, debts, damages, duties, causes
of actions, suits or injuries of whatever nature, whether in law or in equity, whether
presently known or unknown, arising out of, under or relating to subject matter of HUD
Case Number 04-13-0019-8/4/9/D or which could have been filed in any action or suit
arising out of, under or relating to said subject matter.
13. Respondents hereby forever waives, releases, and covenants not to sue the
Department or Complainant and its successors, assigns, agents, officers, board members,
employees and attorneys with regard to any and all claims, damages and injuries of
whatever nature whether presently known or unknown, arising out of the subject matter
of HUD Case Number 04-13-0019-8/4/9/D or which could have been filed in any action
or suit arising from said subject matter.
E. RELIEF FOR COMPLAINT
14. To fully and finally settle the alleged discrimination complaint, Respondents agrees
to take the following actions, and, as set forth below:
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A. Respondent hereby agrees to pay Complainant $500.00 within in twenty
(20) business days after the effective date of this Agreement. Payment shall be
made by check payable to Freddie Jones.
B. Complainant may return to the Subject Property as a tenant of the owner
of the property. The owner shall serve as landlord following all laws applicable
to landlards in and throughout the City of Clearwater and the State of Florida.
F. RELIEF IN THE PUBLIC INTEREST
15. Within thirty (30) days of the effective date of this Agreement, Respondent(s) shall
inform all of its agents and employees responsible for compliance with this Agreement,
including any officers and board members, of the terms of this Agreement and shall
provide each such person with a copy of this Agreement. The Respondent(s) agrees to
provide a certification of compliance with this provision to HUD as identified in Section I
of this Agreement.
16. Within one hundred eighty (180) days, the City of Clearwater will amend andlor add
the following definitions to its Community Development Code:
a) Family - Persons who jointly occupy and have equal access to
areas of a residence and who function as a Housekeeping Unit.
b) Housekeeping Unit - A group of individuals, unrelated by blood,
marriage, or civil union, who reside together as a family. Existence of one
or more of the following shall create a rebuttable presumption that the
group is not a bona fide housekeeping unit:
i. Interior doors that contain padlocks or keyed doorknobs,
which limits tenants' use and access;
ii. Members of the group have separate leases or sub leases
and/or make separate payments to the landlord;
iii. The group significantly reforms over the course of a twelve
(12) month period or during the lease term by losing and/or
gaining 2 or more members. Additions can be made with
landlord approval if inember(s) abandon(s) property,
tenants and landlords should verify rights under Florida
Landlord Tenant Laws.
iv. Residential property which provides living, sleeping and at
least one meal to four or more unrelated individuals for
periods of one week or longer, typically referred to as a
Boarding House. Such individuals do not have a lease
agreement with landlord for property. Such individuals
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only obtain a license to use their rooms while landlord
maintains right of access, and are typically referred to as
Boarders.
v. Residential property that provides living and sleeping for
more than four unrelated individuals for periods of one
week or longer, typically referred to as Rooming House.
Such individuals do not have a lease agreement with
landlord for property. Such individuals only obtain a
license to use their rooms while landlord maintains right of
access, and are typically referred to as Boarders.
17. Within ninety (90) days, the City of Clearwater will develop a simplified summary of
responsibilities and code requirements to be provided to all citizens who obtain business
licenses for residential rental properties.
18. Within ninety (90) days, the City of Clearwater will develop a simplified summary of
zoning districts, with specifc information detailing what is allowed in each zoning
district. The summary shall be made
19. Within one hundred eighty (180) days, all Planning & Development and Code
Enforcement employees of the City of Clearwater will attend fair housing training. The
training will be provided by an external source. Respondent(s) will provide HUD with a
copy of the agenda and bio for each individual providing the training and a sign in sheet
which identifies the names and positions of each employee trained.
20. Within ninety (90) days, Respondent will provide HUD, for its review and approval,
a draft Reasonable Accommodation Policy (hereinafter "RA Policy") describing
Respondents RA Policy to be distributed to all its residents. HUD will review and
approve or modify the RA Policy. Respondent will have thirty (30) days to modify the
RA Policy in accordance with HUD's comments and resubmit for approval.
21. Respondents agree not to retaliate against or interfere with any other person on
account of their exercise of any right under the Act or on account of their having aided or
encouraged any other person in the exercise or enjoyment of their rights under the Act.
G. MONITORING
22. The Department shall determine compliance with the terms of this Agreement.
During the term of this Agreement, HUD may review compliance with this Agreement.
As part of such review, HUD may inspect Respondent's property identified in Section A
of this Agreement, examine witnesses, and copy pertinent records of the Respondent(s).
The Respondent(s) agrees to provide their full cooperation in any monitoring review
undertaken by HUD to ensure compliance with this Agreement.
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H. REPORTING AND RECORDKEEPING
23. All required certifications and documentation of compliance must be submitted to:
Natasha J. Watson, Director, Louisville FHEO Center
U.S. Department of Housing and Urban Development
601 West Broadway
Louisville, KY 40202
ATTN: Case Number: 04-13-0019-8/4/9/D
I. CONSEQUENCES OF BREACH
24. Whenever the Department has reasonable cause to believe that the Respondent(s) has
breached this Agreement, the matter may be refened to the Attorney General of the
United States, to commence a civil action in the appropriate U. S. District Court, pursuant
to §§ 810 (c) and 814 (b)(2) of the Act.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE
PAGE TO FOLLOW.]
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J. SIGNAT'URES
�
Complainant FREDD JONES
Respondent CITY OF CLEARWATER
Print Name:
Title:
J. APPROVAL
Cazlos Osegueda
FHEO Region IV Director
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Date
Date
J. SIGNATURES
Complainant FREDDIE JONES ��L�F lNF e
ATTEST : ���' � �%��
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Rosemarie Call, City Cler �� '— ��
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Respondent CITY OF CLEARWATER Date
PrintName: William B. Horne, II
Title: City Manager
Approved as to form:
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Leslie K. D gal -Sides, Assistant City Attorney
J. APPROVAL �
Carlos Osegueda Date
FHEO Region N Director
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