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HomeMy WebLinkAbout(0014) HRC RESOLUTION Final - SAC edits.PDFA Resolution NO. 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 ORT WORrII kir WHEREAS, on January 2, 2019, the aggrieved parry, 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; ORT WORrII kir 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 __day of ATTEST: Mary Kayser, City Secretary 2020. ORT WORrII kir