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1-27-14 Handout- Sol Brotman 1/22/2014 COJ.net-Housing Discrimination /f A .' J0/ 6roti'nai HOUSING DISCRIMINATION The Jacksonville Human Rights Commission (JHRC) is a local law enforcement agency that investigates civil rights complaints alleging discrimination. If you feel you have been discriminated against based on your race, color, national origin, religion, sex, handicap/disability, marital status, or familial status you may file a complaint, in writing, under oath with the JHRC. Based on the facts obtained during the initial interview,JHRC may file a formal complaint against the person and/or organization you name. Please note this in not a lawsuit. Who May File Any person who believes they have been discriminated against based on one of the eight protected classes may file a complaint. Protected Classes Race Color National Origin Religion Sex Handicap/Disability Familial Status Marital Status -- Exemptions exist for owner occupied buildings with no more than four units; single family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to its members. Additional exemptions exist for residential housing and communities for older persons. Time Limits for Filing a Housing Discrimination Complaint A complaint must be filed within one year of the alleged discriminatory act(s). Our Authority Chapter 60, of the Jacksonville Municipal Code Title XI, Chapter 408,Jacksonville Municipal Code Title VIII of the Civil Rights Act of 1968, (Fair Housing Act) http://www.coj.net/departments/intra-go ernmental-services/human-rights-commission/housing-discrimination.aspx 1/1 1/27/2014 COJ.net-Filing a Complaint FILING A COMPLAINT How to file: You may call the JHRC at (904) 630-4911 and request a Housing Discrimination Questionnaire to be mailed, facsimiled (faxed)or e-mailed to you for completion. You may also complete the Housing Discrimination Questionnaire online. Your completed questionnaire will be assigned to an Assessment Specialist who will contact you to discuss the information provided and determine whether there is sufficient information to file a complaint. If there is sufficient information to file a complaint, an appointment will be scheduled for you to complete the assessment process and sign the appropriate forms and documents. Walk-in: You may file a complaint in the JHRC office Monday through Friday(except legal holidays) between the hours of 8:00 a.m. to 10:30 a.m. and 1:00 p.m. to 3:30 p.m. You will be asked to complete the Housing Discrimination Questionnaire and will be seen by the next available Assessment Specialist. The process takes approximately two hours. Contact Information: Jacksonville Human Rights Commission 117 W. Duval Street, Suite 350 City Hall, St. James Building Jacksonville, Florida 32202 Telephone: (904) 630-4911 Facsimile: (904) 630-4918 What to Expect and Bring: • Parking is available by meter on a first come first serve basis.The meters accept quarters only for 30 minute intervals up to either 1 hour or 2 hours of parking depending upon the location of the meter. o There are various parking facilities around City Hall, including, but not limited to, the Jacksonville Public Library parking garage located on the corner of Duval Street and Main Street at a cost of$3.00 for the first hour and a maximum of$10.00 per day. Enter the facility from Duval Street. Please feel free to explore other options deemed more suitable to your needs. ® A valid form of photo identification is required (state issued identification card or driver's license, military identification, passport issued by an appropriate authority). • Provide any documentation in your possession that supports your complaint of discrimination (purchase or lease agreement, contract, disability-related documents, as appropriate). • You will be expected to decide whether your complaint goes through JHRC's conciliation/mediation or investigative process. ® Conciliation/mediation will be scheduled within 15 to 30 days of a complaint being filed. • The Commission's investigative process typically takes a minimum of 100 days to complete. ,._....,..,.,_rin hts-commission/housing-discrimination/filing-a-complaint.aspx 1/1 1/22/2014 COJ.net-Unlawful Housing Actions UNLAWFUL HOUSING ACTIONS What Housing Actions Are Unlawful? In sale and rental of housing: • Refusing to rent or sell housing • Refusing to negotiate for housing • Making housing unavailable • Setting different terms, conditions or privileges for sale or rental of a dwelling • Providing different housing services or facilities • Falsely stating that housing is not available for inspection, sale or rental • Denying anyone access to membership in a facility or service • Refusal to allow reasonable modification to dwelling or common use areas • Refusal to make reasonable accommodations in rules, policies, practices or services In mortgage lending: • Refusing to make a mortgage loan • Refusing to provide information regarding loans • Imposing different terms or conditions on a loan • Discriminate in appraising property • Refusing to purchase a loan • Setting different terms or conditions for purchasing a loan Other Prohibited Actions: • Harassing, coercing, intimidating or interfering with anyone exercising or assisting someone else with his/her fair housing right. • Advertising or making any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. http://www.coj.net/departments/i ntra-g overnmental-senAces/human-rig hts-commi ssi on/housi ng-di scri mi nati on/unlawful-housing-actions.aspx 1/1 1/22/2014 COJ.net-Investigative Process INVESTIGATIVE PROCESS The Investigative Process: • An investigation commences once the JHRC files a complaint alleging an individual has potentially been subjected to a discriminatory housing practice. • The complaint will be dually filed with the U.S.Department of Housing and Urban Development(HUD).Complaints against housing providers where federal funding is involved will be transferred to HUD for investigation. • The housing provider or related property/real estate professional named in the complaint will be served a notice of the complaint within ten working days. • If both parties agree to participate,an initial conciliation meeting will be scheduled,if not,the housing provider will have ten days to respond to the complaint. • An objective,timely and efficient investigation of the complaint will be conducted and a determination made,based on facts,whether there is sufficient evidence to support allegations that a discriminatory housing practice occurred. • Steps will be taken to complete the investigation within one hundred(100)days.However,the investigation may take longer depending on the complexity of the allegations and level of cooperation by the parties involved. • The parties will be notified of the Commission's determination on the merits of the complaint. • The individual filing the complaint may request a voluntary withdrawal at any stage of the investigation. Process Definitions: Conciliation/Mediation:An impartial process conducted to help parties resolve their dispute.The parties may reach an agreement at anytime during the investigative process. Determination:A written decision stating whether a discriminatory violation has occurred based on analysis of the allegations and facts determined during the investigation. Withdrawal:A decision reached by the individual who filed a complaint to stop the investigation. http://twnni.coj.netidepartmentsfi ntra-governmental-services/human-rig hts-commission/housing-discriminationfirn estig ative-process.aspx 1/1 1/22/2014 COJ.net-Investigative Process INVESTIGATIVE PROCESS Investigative Process: The investigation of a charge of discrimination commences if the parties are unable to resolve differences during Commission offered mediation or the individual who filed elects the investigative process during the initial assessment phase. The charge will move through three phases of investigation, including: Assessment Phase: • Evaluation of allegations and drafting a charge of discrimination, when appropriate. • Notification of parties and dual filing with EEOC and the Florida Commission on Human Relations. • Accessing charge allegations and securing evidence from the parties involved by informal (written and oral requests) or formal (subpoena) means, as appropriate. Core Investigation Phase: • Reviewing and analyzing evidence obtained. • Interviewing the individual who filed the charge and evaluating the charge in light of evidence. • Conducting on-site visits to the employer's premises and interviewing witnesses, when appropriate Analysis Phase: • Analyzing the charge and evidence. • Drafting a written investigative finding of reasonable cause (reason to believe a violation occurred) or no reasonable cause (information insufficient to substantiate reasonable cause). • Notifying the parties of the Commission's decision. • Inviting the parties to participate in conciliation to resolve a charge involving a determination of reasonable cause. Scheduling a hearing if the invitation to conciliate is refused. Finalizing resolution/closure of charge. Charges of discrimination may be resolved during any phase of the investigation if the parties agree to a mutual resolution. Opportunities for resolution will be discussed with the parties throughout various stages of the investigative process. Charges may also be closed if withdrawn or the individual who filed the charge fails to cooperate or requests a Right to Sue Letter after the charge is 240+days old. http://w✓vw.coj.net/departmentsfintra-governmental-services/human-rights-commission/employment-discrimination/investigati process.aspx 1/1 1/22/2014 COJ.net-Mediation MEDIATION Mediation Process: Mediation is a voluntary, confidential and impartial process that brings the parties together for the express purpose of discussing the issues giving rise to the charge of discrimination and facilitating a mutual alternative resolution to the conflict. Mediation Benefits: • The mediation process is private, confidential and off-the-record. • The mediator is a certified, neutral party and not an employee of the Commission. • There is no cost to either party. • Mediations save time, expense and preserve or build a better working or parting relationship. ® Mediation avoids litigation. In the event a charge is not resolved during mediation, it goes through the Commission's normal investigative process which typically takes a minimum of 180 days to complete. An investigation may take longer depending on the complexity of the allegations and level of cooperation by the parties involved. http://wi✓w.coj.net/departments/ii ntra-g overnmental-servi ces/human-rig hts-commissi on/employment-discrimi nation/mediation.aspx 1/1 1/22/2014 COJ.net-Resources RESOURCES U.S. Equal Employment Opportunity Commission (EEOC):The federal agency in charge of administration and judicial enforcement of the federal civil rights laws, and providing compliance education and technical assistance. http://eeoc.gov/ Florida Commission on Human Relations(FCHR):The chief resource for human relations in the State of Florida. The FCHR serves as a resource in addressing and resolving discrimination issues. http://fchr.state.fl.us/ U.S. Department of Labor (DOL):The U.S. Department of Labor administers a variety of federal labor laws including those that guarantee worker's rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; and freedom from employment discrimination. http://www.dol.gov/ Office of Federal Contract Compliance Programs(OFCCP): http://www.dol.gov/esa/OFCCP/ Wage and Hour Division (WHD): http://www.dol.gov/whd/index.htm Jacksonville District Office ESA Vvage & Hour Division 400 West Bay St., Room 956, Box 017 Jacksonville, FL 32202 (904)359-9292 http:// .coj.net/departments/intra-governmental-services/human-rig hts-commission/employment-discrimination/resources.aspx 1/1 1/22/2014 COJ.net-Equal Opportunity/Equal Access Di'ision ABOUT EO/EA The City of Jacksonville declares that a diverse public workforce representative of our community is desirable and can be achieved through equal opportunity, equal access and aggressive recruiting. There shall be no discrimination or harassment against any person with regard to race, color, gender, religion, political affiliation, national origin, disability, age, marital status, veterans status, personal characteristics or any other impermissible factor. Employment and advancement with the City of Jacksonville shall be based solely upon merit and job-related qualifications. The Equal Opportunity/Equal Access Office is the city's designated EEO compliance function established in accordance with requirements for contractors who are recipients of federal funds and grants. The City's appointed officials/employees, managers and supervisors shall be responsible for complying with the EO/EA Program and ensuring that the principles of equal employment are applied to all terms of employment. Our Mission: Provide professional and confidential Equal Opportunity/Equal Access services to job applicants, employees and management while striving to eliminate employment discrimination and public employment underutilization through education, collaboration, enforcement and other proactive means. Our Authority: Title XI, Chapter 400, Ordinance Code, City of Jacksonville Executive Order 07-08, Office of the Mayor http://w .coj.neUdepartments/i ntra-governmental-services/human-rights-commission/equal-opportunity-equal-access-division.aspx 1/1