HomeMy WebLinkAboutResolutions - 2021.06.17 - 34698REPORT (MISC. #21170)
BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee
IN RE: MR #21170 — BOARD OF COMMISSIONERS — SOURCE OF INCOME PROTECTION TO
PROHIBIT HOUSING DISCRIMINATION IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Health and Safety Committee, having reviewed the above -referenced resolution on June 8,
2021, reports to recommend adoption of the resolution with the following amendments:
Amend the title as follows
MR #21170 — BOARD OF COMMISSIONERS — SUPPORT CITIES, VILLAGES, AND
TOWNSHIPS WITH SOURCE OF INCOME PROTECTION TO PROHIBIT HOUSING
DISCRIMINATION IN OAKLAND COUNTY
Strike out and insert the following language in the 121h WHEREAS:
WHEREAS all cities, villages, and townships in Oakland County must should recognize this
important protection that can help expand the housing choices available to voucher holders
and FHA and VA financed home purchasers, including in higher -opportunity neighborhoods
where affordable housing options might otherwise be unavailable.
Strike out the following language in the 131h WHEREAS:
WHEREAS that the Oakland County Board of Commissioners strongly opposes SOI
discrimination and will strive to ensure that all Oakland County residents have a safe and
decent housing opportunity.
Strike out and insert the following language in the 181 BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Neighborhood
and Housing Development Division to enter into a contract with the Fair Housing Center of
Metropolitan Detroit for legal and professional services for SOI policy development, training,
and education, workshops, execution, and compliance as listed in "Attach eRt A"
communications with cities, villages, and townships, and serve as contract administrator,
contingent upon final review by Oakland County Purchasing Division and Corporation
Counsel.
Insert the following language after the 1st BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Fair Housing Center of Metropolitan Detroit is
required to submit a report on all expenses and data at the November 30, 2021, Public
Health and Safety Committee meeting.
Insert the following language after the 2nd BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that no SOI anti -discrimination policy shall be construed
to require any landlord to rent below market rate.
Strike out and insert the following language in the last BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes a PY 2821 budget
amendment and the appropriation of funding for the Source of Income policy development
and execution in the amount of not to exceed $25,000 over a two-year period. The
submission of the Fair Housing Center's report is due on November 30, 2021. The
potential of a contract extension for 2022 will be determined with the remaining funds
from the FY 2021 appropriation to be carried forward for services to be rendered in FY
2022. The appropriation of funds will be from the General Fund Assigned Fund Balance
titled Protection / Advancement of Residents and Employees (GL Account #383472) to the
Health and Human Services Department, Neighborhood and Housing Development Division
as detailed below:
GENERAL FUND (#10100)
Revenue
FY 2021
9010101-196030-665882 Planned Use of Balance $25,000
Total Revenue 00
Exoenditures
1060704-132230-731458 Professional Services $25,000
Total Expenditure 2 000
Delete the Attachment A, Fair Housing Center of Metropolitan Detroit — Oakland County SOI
Fair Housing Services, from the resolution.
Chairperson, on behalf of the Public Health and Safety Committee, I move the acceptance of the
foregoing report.
PENNY LUEBS
MISCELLANEOUS RESOLUTION #21170
BY: Commissioner Charlie Cavell, District #18 and David T. Woodward, District #19
IN RE: BOARD OF COMMISSIONERS —SOURCE OF INCOME PROTECTION TO PROHIBIT HOUSING
DISCRIMINATION IN OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, 82 Stat. 73 (April
11, 1968), as amended by the Fair Housing Amendments Act of 1988, Pub. L. 100-430 (Sept. 13, 1988),
prohibits discrimination in housing based on race, color, sex, national origin, religion, disability, and familial
status and commits recipients of federal funding to affirmatively further fair housing in their communities;
and
WHEREAS Congress in 1974, created the Housing Choice Voucher Section 8 Program (HCVP) (to "aid
low-income families in obtaining a decent place to live" and to "promote economically mixed housing." 42
USC 1437f (a)., Section 8 Program as authorized by Congress requires the U.S. Department of Housing
and Urban Development (HUD) to develop and fund a rental subsidy for eligible tenant families (including
single persons) residing in newly constructed, rehabilitated, and existing residential housing units; and
WHEREAS the Housing Choice Voucher Section 8 Program allows private landlords to rent apartments
and homes at fairmarket rates to qualified law -income tenants utilizing the rental subsidy. This program is
the nation's largest rental housing program, which serves over 2.2 million households; and
WHEREAS Congress enacted the Housing Choice Voucher Section 8 Program as a voluntary program and
this has caused a problematic situation over the years, as 4 out of every 10 vouchers will fail for failure to
rent a unit within the time -frame required under the program due to lack of rental housing and anywhere
from two-thirds to three -fourth of landlords discriminate by being unwilling to rent to voucher holders; and
WHEREAS federal law sets the minimum protections as there is no federal voucher discrimination law;
however, states and localities can expand protected classes by passing legislation, policy, and local
ordinances; and
WHEREAS due to the nation's growing affordable housing shortage, 18 states and the District of Columbia
have passed statues banning source of income housing discrimination, with 16 states and the District of
Columbia giving full source of income protection for individuals and families participating in the HCVP; and
WHEREAS in the State of Michigan, several cities such as Ann Arbor, East Lansing, Grand Rapids,
Holland, Jackson, Kalamazoo, Kentwood, Lansing, Royal Oak, and Wyoming have passed laws and/or
ordinances prohibiting SOI discrimination; and
WHEREAS in March 2021, Senate Bills 254 and 255 and House Bills 4553 and 4554 were introduced in
the Michigan legislature to include source of income as a protected class to prohibit discriminatory practices
and to ensure equal access and use of rental housing; and
WHEREAS with SOI being a protected class, a property owner cannot choose to reject an applicant based
on where a person's income comes from as long as it is a lawful source; and
WHEREAS the SOI protections are invaluable in maximizing a voucher family's ability to secure safe and
decent housing and will help prevent the homelessness of over 2,965 individuals in Oakland County; and
WHEREAS SOI protections should also include other lawful sources of income, including other forms of
housing assistance, public assistance, emergency rental assistance, veteran's benefits, Social Security,
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), pension or other
retirement programs, spousal and child support, FHA and VA loan financing, and other programs
administered by federal, state, or local governmental entities or nonprofit organizations; and
WHEREAS all cities, villages, and townships in Oakland County must recognize this important protection
that can help expand the housing choices available to voucher holders and FHA and VA financed home
purchasers, including in higher -opportunity neighborhoods where affordable housing options might
otherwise be unavailable.
WHEREAS that the Oakland County Board of Commissioners strongly opposes SOI discrimination and will
strive to ensure that all Oakland County residents have a safe and decent housing opportunity.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the development and execution of a local policy or ordinance for SOI as a protected class to
prohibit housing discrimination, that may be adopted by the Cities, Villages and Townships within Oakland
County for fair housing opportunities for all residents.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Neighborhood and Housing
Development Division to enter into a contract with the Fair Housing Center of Metropolitan Detroit for legal
and professional services for SOI policy development, training and education, execution, and compliance
as listed in "Attachment A", and serve as contract administrator, contingent upon final review by Oakland
County Purchasing Division and Corporation Counsel.
BE IT FURTHER RESOLVED that the Board of Commissioners calls upon all cities, villages, and townships
in Oakland County to adopt and implement the model SOI policy or ordinance to prohibit discrimination in
housing on the basis of a lawful source of income in their communities.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes a FY 2021 budget amendment
and the appropriation of funding for the Source of Income policy development and execution in the amount
of $25,000 from the General Fund Assigned Fund Balance titled Protection / Advancement of Residents
and Employees (GL Account #383472) to the Health and Human Services Department, Neighborhood and
Housing Development Division as detailed below:
GENERAL FUND (#10100) FY 2021
Revenue
9010101-196030-665882 Planned Use of Balance $25,000
Total Revenue 125=
Exoenditures
1060704-132230-731458 Professional Services $25,000
Total Expenditure
Chairper we 9ve tFe adoption of the foregoing
Commi ner Charlie Cavell
District #18
resoluti
r1aj
Commissioner David T. Woodward
District #19
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ATTACHMENT A
• Complaint reception, investigation and resolution services involving allegations of
unlawful SO1 housing discrimination;
• Negotiate, conciliate and attempt to resolve SO1 housing discrimination complaints and
disputes; and
Initiate enforcement when SO1 fair housing violations are substantiated but unable to be
resolved or conciliated by making referrals to the appropriate city attorney or office
authorized by law to receive and address SO1 complaints or refer or initiate filing of case
in court as warranted by the evidence.
The Center charges $600 for each complaint intake, investigation, resolution, and enforcement.
The Center anticipates receiving at least 4 SO1 complaint intakes, investigation, resolution, and
enforcements.
6 Fair Housing Brochures. The Fair Housing Center develop, print, and disseminate SO1 fair $1,500
housing brochures in Oakland County cities, villages, and townships.
7 Fair Housing Advertising. The Fair Housing Center will run at least 4 SO1 fair housing $1,500
advertisements in Oakland County -based print/web media.
Resolution #21170
April 29, 2021
The Chairperson referred the resolution to the Public Health and Safety Committee. There were no
objections.
Resolution #21170
Moved by Luebs seconded by Cavell the resolution be adopted.
July 17, 2021
Moved by Luebs seconded by Cavell the Public Health and Safety Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Moved by Luebs seconded by Cavell the resolution be amended as follows:
Amend the Title to the Following:
MR #21170 - BOARD OF COMMISSIONERS - BOARD OF COMMISSIONERS — SUPPORT
CITIES VILLAGES, AND TOWNSHIPS COMMUNITIES WITH SOURCE OF INCOME
PROTECTION TO PROHIBIT HOUSING DISCRIMINATION IN OAKLAND COUNTY
Amend the 1s' WHEREAS clause to the following:
WHEREAS all Gitiesvillages, and township`- communities in Oakland County should
recognize this important protection that can help expand the housing choices available to
voucher holders and FHA and VA financed home purchasers, including in higher -
opportunity neighborhoods where affordable housing options might otherwise be
unavailable.
Amend the following BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners calls upon all Gitate v�� pages, and
townsh ps communities in Oakland County to adopt and implement the model SO[ policy or
ordinance to prohibit discrimination in housing on the basis of a lawful source of income in their
communities.
Strike and insert the following language in the 1" BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Neighborhood and
Housing Development Division to enter into a contract and serve as contract administrator, with
the Fair Housing Center of Metropolitan Detroit for legal and professional services for SO[ policy
development, training, education, workshops, execution, compliance, and communications with
cities, villages, and townships, , and/or consistent with the
priorities to be outlined in the contract's scope of services, contingent upon final review by
Oakland County Purchasing Division and Corporation Counsel.
Strike and insert the following language after the 1s' BE IT FURTHER RESOLVED.
BE IT FURTHER RESOLVED that the contract for services with the Fair Housing Center of
Metropolitan Detroit shall include a requirement that is required is subre t a quarterly report on
all expenses and data be presented to the at November 30, 2021, Public Health and Safety
Committee meeting.
Strike and insert the following language in the 4th BE IT FURTHER RESOLVED:
: mOF
te:it-*
Ad.,aRGement of oesklent ar.d !3yees (GL A.. Rt #383472) Fe the Health and l4wmaR
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes a FY 2021 budget
amendment and the appropriation of funding for the Source of Income contract for services
with the Fair Housing Center in an amount not to exceed $12,500.
Insert the following language as the 5th BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED the term of the contract for services shall be one year, with an
option to extend an additional year contingent upon authorization of an additional
appropriation of $12,500 by the Board of Commissioners for this purpose.
Insert the following language as the 6 51h BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that a separate resolution for an extension of the contract with
Fair Housing Center for Metro Detroit shall be presented to the Board of Commissioners
based upon a recommendation from Neighborhood and Housing Development Division.
Insert and strike out the following language as the 7th BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED the appropriation of funds will be from the General Fund
Assigned Fund Balance titled Protection / Advancement of Residents and Employees (GL
Account #383472) to the Health and Human Services Department, Neighborhood and
Housing Development Division as detailed below.,
GENERAL FUND 4101001
Revenue
9010101-196030-665882
Expenditures
1060704-132230-731458
Planned Use of Balance
Total Revenue
Professional Services
Total Expenditure
FY 2021
��509912,500
$80912,500
$ 525-00912,500
$ 2 12,500
Vote on amendment:
AYES: Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs,
Markham, McGillivray, Miller, Moss, Nelson, Spisz, Weipert, Woodward, Cavell, Charles. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Hoffman, Jackson, Joliat, Long, Luebs, Markham, McGillivray, Miller, Nelson, Weipert,
Woodward, Cavell, Charles, Gershenson. (14)
NAYS: Gingell, Kochenderfer, Kowall, Kuhn, Moss. (5)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Resolution #21170
Moved by Luebs seconded by Cavell the resolution be adopted.
July 17, 2021
Moved by Luebs seconded by Cavell the Public Health and Safety Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Moved by Luebs seconded by Cavell the resolution be amended as follows:
Amend the Title to the Following:
MR #21170 - BOARD OF COMMISSIONERS - BOARD OF COMMISSIONERS — SUPPORT
CITIES VILLAGES, GES AND TOWNSHIPS COMMUNITIES WITH SOURCE OF INCOME
PROTECTION TO PROHIBIT HOUSING DISCRIMINATION IN OAKLAND COUNTY
Amend the 1s' WHEREAS clause to the following:
WHEREAS all communities in Oakland County should
recognize this important protection that can help expand the housing choices available to
voucher holders and FHA and VA financed home purchasers, including in higher -
opportunity neighborhoods where affordable housing options might otherwise be
unavailable.
Amend the following BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners calls upon all cities, villages, and
townships communities in Oakland County to adopt and implement the model SOI policy or
ordinance to prohibit discrimination in housing on the basis of a lawful source of income in their
communities.
Strike and insert the following language in the ls' BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Neighborhood and
Housing Development Division to enter into a contract and serve as contract administrator, with
the Fair Housing Center of Metropolitan Detroit for legal and professional services for SOI policy
development, training, education, workshops, execution, compliance, and communications with
cities, villages, and townships, and sewe as G9ntraGt administFator, and/or consistent with the
priorities to be outlined in the contract's scope of services, contingent upon final review by
Oakland County Purchasing Division and Corporation Counsel.
Strike and insert the following language after the ls' BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the contract for services with the Fair Housing Center of
Metropolitan Detroit shall include a requirement that . FeqUiFed tG sUbMi a quarterly report on
all expenses and data be presented to the at the NeyembeF 302021 Public Health and Safety
Committee meeting.
Strike and insert the following language in the 4th BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes a FY 2021 budget
amendment and the appropriation of funding for the Source of Income contract for services
with the Fair Housing Center in an amount not to exceed $12,500.
Insert the following language as the 51h BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED the term of the contract for services shall be one year, with an
option to extend an additional year contingent upon authorization of an additional
appropriation of $12,500 by the Board of Commissioners for this purpose.
Insert the following language as the 6 rdth BE IT FURTHER RESOLVED
BE IT FURTHER RESOLVED that a separate resolution for an extension of the contract with
Fair Housing Center for Metro Detroit shall be presented to the Board of Commissioners
based upon a recommendation from Neighborhood and Housing Development Division.
Insert and strike out the following language as the 7th BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED the appropriation of funds will be from the General Fund
Assigned Fund Balance titled Protection / Advancement of Residents and Employees (GL
Account #383472) to the Health and Human Services Department, Neighborhood and
Housing Development Division as detailed below.
GENERAL FUND (#10100)
Revenue
9010101-196030-665882
Expenditures
1060704-132230-731458
Planned Use of Balance
Total Revenue
Professional Services
Total Expenditure
FY 2021
$ 52599012, 500
$ 25&W12,500
Vote on amendment:
AYES: Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs,
Markham, McGillivray, Miller, Moss, Nelson, Spisz, Weipert, Woodward, Cavell, Charles. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Hoffman, Jackson, Joliat, Long, Luebs, Markham, McGillivray, Miller, Nelson, Weipert,
Woodward, Cavell, Charles, Gershenson. (14)
NAYS: Gingell, Kochenderfer, Kowall, Kuhn, Moss. (5)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 17, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 17th day of June, 2021.
Lisa Brown, Oakland County