CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Conduct the first reading of an ordinance amending the Naperville Municipal Code to expand and replace the Housing Advisory Commission and fair housing ordinance with the Human Rights and Fair Housing Commission and human rights and fair housing ordinance
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DEPARTMENT: City Manager’s Office
SUBMITTED BY: Michael DiSanto, City Attorney and Marcie Schatz, Deputy City Manager
BOARD/COMMISSION REVIEW:
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BACKGROUND:
In December 2019, the City Council revised the City’s mission statement to emphasize diversity and inclusiveness in the community as follows:
“To provide services that ensure a high quality of life, sound fiscal management, and a dynamic business environment, while creating an inclusive community that values diversity.”
In addition to revising the mission statement, the City Council has taken the following actions in 2020:
1. May 19, 2020
Approved recommendations focused on diversity, equity, and inclusion such as items related to the City’s workforce, engaging with community partners, and the creation of a Human Rights Commission.
2. July 21, 2020
Directed staff to prepare an ordinance that establishes a Human Rights Commission through expansion of the current Housing Advisory Commission (HAC).
3. September 1, 2020
Modified the name of the commission to the Human Rights and Fair Housing Commission and approved the hiring of a Diversity, Equity and Inclusion Manager.
DISCUSSION:
The proposed ordinance amends Title 2 (Boards and Commissions) of the Municipal Code by expanding the role of and replacing the Housing Advisory Commission with the Human Rights and Fair Housing Commission. The ordinance also repeals and expands the current fair housing ordinance from Title 10 (Police Regulations) and creates a new section, Title 12 (Human Rights and Fair Housing) where the Human Rights and Fair Housing ordinance is located.
Human Rights and Fair Housing Commission
The specific responsibilities of the Commission are outlined under Powers and Duties in the in proposed ordinance. In summary, the Human Rights and Fair Housing Commission will:
1. Continue to serve an advisory role to the City on fair and affordable housing issues and expand their role to human rights issues. This will include recommending policies and programs.
2. Provide community outreach and engagement on fair and affordable housing and human rights.
3. Adjudicate formal unlawful discrimination complaints for public accommodation and housing.
The current HAC consists of nine members; two of whom have either expired terms or not will not be renewing for an additional term. The proposed ordinance temporarily expands the Commission to 11 members and reducing it to nine members as terms expire in the future. The ordinance proposes that commissioners shall have experience in the various aspects of the duties of the new Commission, be broadly representative of the City’s population, and shall include members of Naperville’s minority communities.
The ordinance incorporates that the Human Rights and Fair Housing Commission is the single intake point for all discrimination complaints regardless of category (public accommodation or housing) or protected class and includes an updated investigation and hearing process with options for mediation if needed.
Human Rights and Fair Housing ordinance
The proposed Human Rights and Fair Housing ordinance is a local law designed to protect against illegal discrimination in housing and public accommodation within Naperville. The ordinance prohibits forms of discrimination when they are based upon a person’s race, color, religion, sex, national origin, ancestry, age, marital status, familial status, physical or mental disability, military status, sexual orientation, or legal source of income. The proposed ordinance incorporates the protections provided through the Illinois Human Rights Act, the Fair Housing Act, Chapter 11 of the Building Officials Code Administrators National Building Code, and the Illinois Accessibility Code.
Next Steps
The proposed ordinance, reflecting any changes, will be on the November 4 City Council agenda for final action. After approval by the City Council, the Mayor will present appointments for the new seats on the expanded Commission.
The hiring process for the Diversity, Equity and Inclusion Manager is currently underway. Upon hire, City staff will partner with the Human Rights and Fair Housing Commission to create a work plan that incorporates current housing initiatives as well as new responsibilities.
FISCAL IMPACT:
Estimated costs of mediation/hearing are $500-$1,000 per case. Based on historical data, a small number of annual cases is expected.