HomeMy WebLinkAboutResolution 5255-08-2020 A Resolution
NO. 5255-08-2020
AUTHORIZING LAWSUITS ENTITLED
CITY OF FORT WORTH V. STONEYBROOK APARTMENT HOMES,
STONEYBROOK LP, AND MADERA RESIDENTIAL GP, LLC; CITY OF FORT
WORTH V. THE WOODS OF EASTCHASE, BJR INVESTMENTS LLC, AND BILLY
ROBERTS; CITY OF FORT WORTH V. POLO CLUB APARTMENTS, POLO
PARTNERS AND ALTA SERVICES, CORP.; AND
CITY OF FORT WORTH V. JAMES BRAND
WHEREAS, the Fair Housing Act of 1968, as amended, 42 U.S.C. §§ 3601, et seq. ("The Act"),
prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, sex, familial
status, national origin, or disability; and
WHEREAS, the Act permits written agreements between the United States Department of
Housing and Urban Development ("HUD") and local governmental agencies in furtherance of
cooperative efforts to enforce the provisions of The Act; and
WHEREAS, the City of Fort Worth ("City") and HUD currently cooperate under such a written
agreement entered into on June 17, 2019; and
WHEREAS, the Agreement between the City and HUD calls for the City to investigate
allegations of violations of The Act within its corporate limits and prosecute cases when appropriate;
and
WHEREAS, Fort Worth City Code Section 17-92 requires the Director of the City of Fort
Worth Diversity and Inclusion Department, or her designee, to conduct an investigation into complaints
of violations of The Act and issue a final investigative report determining whether there is reasonable
cause to believe a discriminatory housing practice was committed; and
WHEREAS, upon completion of the investigation and in lieu of an administrative hearing
before the housing committee of the Fort Worth Human Relations Commission (the "Commission") as
set out in Section 17-96 of the Fort Worth City Code, a complainant, respondent or an aggrieved person
on whose behalf a charge is filed may elect in writing to have the claims asserted in the complaint
decided in state District Court as provided in Section 17-98 of the Code; and
WHEREAS, when a charge of discrimination is issued and any party to the claim elects to have
it resolved in court, Fort Worth City Code Section 17-98 requires that the City Attorney initiate and
maintain a civil lawsuit in District Court on behalf of the aggrieved party; and
WHEREAS, on January 2, 2019, the aggrieved party, Marcus Delbridge, filed a complaint with
the Commission alleging that he was discriminated against on the basis of race in the rental of housing at
Stoneybrook Apartment Homes, located at 6058 Stoneybrook Drive, Fort Worth, Texas 76112, by its
owner, Stoneybrook LP, and its management company, Madera Residential GP, LLC; and
WHEREAS, on December 4, 2018, the aggrieved party, Adrian Triplett, filed a complaint with
the Commission alleging that he was discriminated against on the basis of disability in the rental of
housing at the Woods of Eastchase Apartments, located at 8551 Ederville Road, Fort Worth, Texas
76120, by its owner, BJR Investments LLC, and its management representative, Billy Roberts. On
January 16, 2019, Mr. Triplett filed an amended complaint adding retaliation; and
WHEREAS, on December 19, 2018, the aggrieved party, Tanjanika Andrews, filed a complaint
with the Commission alleging that she was discriminated against on the basis of disability in the rental
of housing at the Polo Club Apartments, located at 3386 Polo Club Drive South, Fort Worth, Texas
76133, by Polo Partners and Alta Services, Corp.; and
WHEREAS, on October 7, 2019, the aggrieved party, Clifton Shelton, filed a complaint with the
Commission alleging that he was discriminated against on the basis of sex in the rental of housing at
1181 S. Jennings Ave., Fort Worth, Texas 76110, by its owner, James Brand; and
WHEREAS, the designee of the Director of the Fort Worth Department of Diversity and
Inclusion conducted an investigation into each of the four complaints listed above and, in each, issued a
Letter of Determination, finding that reasonable cause exists in each case to believe that discriminatory
and/or retaliatory actions have occurred; and
WHEREAS, good faith attempts to conciliate with respondents in each of these complaints have
been unsuccessful; and
WHEREAS, either the complaining parties or the respondents for each case listed above have
elected in writing to have their respective complaints resolved in court;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS,THAT:
The City Council authorizes the City Attorney to file the following civil actions in Tarrant
County District Court for violations of the Fair Housing Act:
1. City of Fort Worth v. Stoneybrook Apartment Homes, Stoneybrook LP, and Madera Residential
GP,LLC
2. City of Fort Worth v. The Woods of Eastchase, BJR Investments LLC, and Billy Roberts
3. City of Fort Worth v. Polo Club Apartments,Polo Partners and Alta Services, Corp.; and
4. City of Fort Worth v. James Brand
Adopted this 4th day of August 2020.
ATTEST: .( 01 FO
Mary J. Kayser, City Secretary * `
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/04/20 M&C FILE NUMBER: M&C 20-0478
LOG NAME: 12HRC LAWSUITS(ALL COUNCIL DISTRICTS)
SUBJECT
Adopt Resolution Authorizing the City Attorney to File Lawsuits against Stoneybrook Apartment Homes,Stoneybrook LP,and Madera Residential
GP,LLC.;the Woods of Eastchase, BJR Investments, LLC and Billy Roberts, Individually;the Polo Club Apartments, Polo Partners and Alta
Services Corp.;and James Brand, Individually for Fair Housing Complaints Alleging Discrimination(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to file lawsuits against:Stoneybrook Apartment
Homes,Stoneybrook LP,and Madera Residential GP,LLC.;the Woods of Eastchase,BJR Investments, LLC and Billy Roberts,Individually;the
Polo Club Apartments, Polo Partners and Alta Services Corp.;and James Brand,Individually.
DISCUSSION:
The United States Department of Housing and Urban Development("HUD")and Fort Worth entered into an agreement whereby Fort Worth
investigates and prosecutes Fair Housing complaints. To that end, the Fort Worth Human Relations Commission (FWHRC) conducted an
investigation into four complaints of discrimination in housing, Fair Housing Act violations. In each case,the FWHRC found that reasonable cause
exists to believe that discriminatory and/or retaliatory actions have occurred.Fort Worth attempted to conciliate the cases through its Diversity and
Inclusion Department,but was unsuccessful.Pursuant to federal regulations and Fort Worth's ordinance,either the complainant or respondent may
elect to have the allegations tried in state district court. In the four cases that are the subject of this M&C,such election has been made.Therefore,
staff seeks Council authority to file suit to vindicate the public's interest in the following matters:
1. Stoneybrook Apartment Homes,Stoneybrook LP,and Madera Residential GP,LLC,alleging discrimination on the basis of race in housing;
2. The Woods of Eastchase BJR Investments LLC,and Billy Roberts,alleging discrimination based on disability in housing;
3. Polo Club Apartments, Polo Partners and Alta Services Corp.,alleging discrimination on the basis of disability in housing;and
4. James Brand,alleging discrimination on the basis of sex in housing.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
Submitted for City Manager's Office by. ALL ACMs 6222
Originating Business Unit Head: Sarah Fullenwider 7623
Chris Mosley 7603
Additional Information Contact: Sarah Fullenwider 7623