HomeMy WebLinkAbout6.g. Approval of Fair Housing Policy
EXECUTIVE SUMMARY
City Council Meeting: October 15, 2019
AGENDA ITEM: Approval of Fair Housing Policy AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.g.
ATTACHMENTS: Excerpt of the Minutes from the
September 24, 2019, Planning
Commission Meeting; Draft Fair Housing
Policy
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the Fair Housing Policy for the City of
Rosemount.
BACKGROUND
The City has been a recipient of funds through the Livable Communities Act (LCA) program that is
administered by the Metropolitan Council. On December 10, 2014, the Metropolitan Council adopted the
Thrive MSP 2040 Housing Policy Plan (Thrive MSP). As part of Thrive MSP, the Metropolitan Council
requires all recipients of Livable Communities Act funding whose project includes a housing component
to have an adopted Fair Housing Policy. A fair housing policy allows the City to clearly declare its
commitment to fair housing, to ensure it is effectively addressing citizens with fair housing concerns, and
to plan proactively to avoid fair housing problems for the City.
Past projects for which the City has received LCA funding include The Rosemount located on the site of
the former St. Joe’s school, Waterford and Cambrian Commons. In order to continue receiving funding
for projects containing a housing component, the Council must adopt a Fair Housing Policy to ensure the
City is meeting its obligations under the federal Fair Housing Act. Staff has reviewed comparable cities in
the metro area as well as the example provided by the Metropolitan Council in creating the attached policy.
The policy contains a number of practices, both internal and external, that will help further fair housing
within Rosemount. The Fair Housing Policy is the first step in the process, and a number of the practices
will be implemented following formal adoption. Examples of the practices include posting information
related to fair housing on the City’s website and incorporating fair housing information in the rental
licensing process. Staff has not received any complaints related to fair housing, which is somewhat
expected due to the fact the City is not a direct provider of housing and housing services. That work is
generally done by the Dakota County CDA. Adoption of a Fair Housing Policy will help City staff be
prepared if concerns are raised.
PLANNING COMMISSION ACTION
The Planning Commission reviewed the Draft Fair Housing Policy at its meeting on September 24th. The
Commission discussed which practices are currently being implemented, an example being posting of Fair
Housing information on the City’s website. Staff responded that the implementation of the practices
highlighted within the policy will take place following the formal adoption of the Fair Housing Policy by
Council.
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The Commission also discussed how assertive the language of the policy should be. There were differing
opinions on how directive the policy should be, with some of the Commission feeling that stronger
wording would be more effective.
The Commission also felt that being too directive may put the City at risk if each practice isn’t fully
implemented. The discussion related to the use of shall and may and it was determined that shall is
regulating the City, and the City has every intention to undertake these actions without needing the
language. However, the less restrictive language allows the City to implement the policy consistent with
City norms and objectives. Ultimately, the Planning Commission voted unanimously to recommend the
Council adopt the Draft Fair Housing Policy.
RECOMMENDATION
The Planning Commission and staff recommend approval of the draft Fair Housing Policy.
PLANNING COMMISSION REGULAR MEETING MINUTES
SEPTEMBER 24, 2019
6.a. Fair Housing Policy
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Commissioner Rivera inquired what the community engagements will include. Nemcek stated that this policy is just the
first step but that the information will be online.
Commissioner Reed inquired if some of the wording could be a little more active. Community Development Director
Lindquist stated that the wording isn’t active because the City may not be the only one fulfilling various aspects of the
policy, some of our partners such as the Dakota County CDA will also.
Commissioner VanderWiel stated that by making the words more directive, it could be potentially harming or call into
question the City’s ultimate process.
MOTION by Lundquist to recommend that the City Council adopt the draft Fair Housing Policy.
Second by Freeman.
Ayes: 7. Nays: 0.
City of Rosemount
Fair Housing Policy
1. Purpose/Vision
Title VIII of the Civil Rights Act establishes federal policy for providing fair housing
throughout the United States. The intent of Title VIII is to assure equal housing
opportunities for all citizens. As a recipient of federal community development fund under
Title I of the Housing and Community Development Act of 1974, the City of Rosemount is
obligated to certify that is will affirmatively further fair housing.
The City of Rosemount is dedicated to advancing inclusion and equity for all residents by
developing the Fair Housing Policy to further create a safe, healthy, and accessible
community in which to thrive.
2. Policy Statement
It is the policy and commitment of the City of Rosemount to ensure that fair and equal
housing opportunities are achievable for all persons in all housing opportunities and
development activities funded by the City regardless of race, color, religion, gender, sexual
orientation, marital status, status with regard to public assistances, familial status, nation
origin, or disability. This commitment is upheld though external policies that provide access
to all constituents of fair housing information and referral services; and internal procedures
and practices that promote fair housing and inclusion.
3. External Practices
a. Intake and Referral
The City of Rosemount has designated the Director of Community Development as
the responsible authority for the intake and referral of all fair housing complaints. At
a minimum the Director will be trained in state and federal fair housing laws, the
complaint process for filing discrimination complaints, and the state and federal
agencies that handle complaints. The date, time, and nature of the fair housing
complaint and the referrals and information given will be fully documented.
Community Development staff will advise the City Council on City programs and
policies affecting fair housing and address concerns where appropriate.
b. Meaningful Access
i. Online Information. The City of Rosemount will have information about
fair housing clearly displayed on its website. The website will link to various
fair housing resources, including the Department of Housing and Urban
Development, Minnesota Department of Human Rights, Mid-Minnesota
Legal Aid, Southern Minnesota Regional Legal Services, and others. The
website will also link to state and federal fair housing complaint forms.
ii. In-Person Information. The City of Rosemount will provide fair housing
information to anyone requesting such information at the city offices.
Information provided will include:
1. A list of fair housing enforcement agencies
2. Frequently asked questions in regards to fair housing law; and
3. Fair housing complaint forms
c. Languages. The City of Rosemount is committed to providing information in the
native language of its residents. The City of Rosemount will connect individuals to
an organization that can assist with translation of fair housing policies.
d. Rental Licensing Program. The City administers a rental licensing program which
requires the property owners of rental dwelling units to obtain a biennial license
from the City. The City will provide information on this fair housing policy to
licensees. The City will also consider hosting a training session for landlords that
provides information on fair housing and other relevant landlord/tenant issues.
4. Internal Practices. The City of Rosemount commits to the following steps to promote
awareness and sensitivity to fair housing issues in all of its government functions. The City
will address issues related to Fair Housing through these practices:
a. Staff and Officials Training. The City will train its staff and elected officials on fair
housing considerations.
b. Housing Analysis. The City will review its housing on a periodic basis to determine
the affordability of both rental and owner-occupied housing for the purpose of
informing future City action.
c. Code Analysis. The City will review its municipal code on a periodic basis, with
specific focus on ordinances related to zoning, building and occupancy standards, to
identify any potential for disparate impact or treatment.
d. Project Planning and Analysis. City planning functions and development review
will consider housing issues, including whether potential projects may perpetuate
segregation or lead to displacement of protected classes.
e. Community Engagement. The City will seek input from underrepresented
populations in the community. Conversations regarding fair housing, development,
zoning, and land use changes may be facilitated by the City.
Affirmatively Furthering Fair Housing. As a recipient of federal funds, the City agrees to
participate in the Regional Analysis of Impediments, as organized by the regional Fair Housing
Implementation Council (FHIC), an ad hoc coalition of Community Development Block Grant
(CDBG) entitlement jurisdictions and others working together to affirmatively further fair housing.
The City will review the recommendations from the analysis for potential integration into City
planning documents, including the Comprehensive Plan and other related documents.