Broward County Commission Regular Meeting


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AI-26651 10.       
Meeting Date: 04/24/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO AUTHORIZE Office of the County Attorney to file a civil action based on the Broward County Human Rights Section’s determination that reasonable cause exists to believe the complainants have been subjected to housing discrimination in violation of the federal Fair Housing Act and the Broward County Human Rights Act.

ACTION:  (T-10:47 AM)  Approved.

VOTE:  8-0.  Commissioner Sharief was not present.
Why Action is Necessary
Pursuant to Section 16½-53(b) of the Broward County Code of Ordinances, Board authorization is required for the Office of the County Attorney to file a civil action alleging housing discrimination.
What Action Accomplishes
Enables the Office of the County Attorney to file a civil action alleging housing discrimination.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On August 11, 2016, and November 2, 2017, two individuals filed a housing discrimination complaint with the U.S. Department of Housing and Urban Development (“HUD”). Pursuant to a work share agreement with HUD, the County’s Human Rights Section (the “Section”) investigates claims of housing discrimination. The complaint alleged housing discrimination against Island Club One, Inc. (“Island Club One”), based upon Island Club One’s denial of Keith Tonks’ rental application to lease Matthew Condon’s condominium. The Section investigated the complaint and found reasonable cause to believe that Island Club One discriminated against Mr. Tonks and Mr. Condon in denying the rental application on the basis of Mr. Tonks’ disability.
 
Efforts to settle the case failed in February 2018. On March 6, 2018, the Office of the County Attorney (“Office”) filed a Statement of Charge with the Broward County Human Rights Board alleging housing discrimination in violation of the Federal Fair Housing Laws and the Broward County Code of Ordinances. The Statement of Charge is attached as Exhibit 1. Once the Statement of Charge was filed, Mr. Tonks, Mr. Condon, and Island Club One exercised their rights to have the case heard in court rather than before the Broward County Human Rights Board. The Notices of Election are attached as Exhibit 2. Because of these elections, a complaint must be filed in court. 
 
Section 16½-53(b) of the Broward County Code of Ordinances requires this Office to obtain authorization from the Board to commence and maintain a civil court action to prosecute claims of housing discrimination. This Motion authorizes the Office to file the case in court.
Source of Additional Information
Adam Katzman, Senior Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Litigation costs are estimated to range from $5,000 to $20,000. These costs will be paid initially by the County; if the complainants prevail, some costs and reasonable attorney’s fees may be recoverable from Island Club One.
Attachments
Exhibit 1 - Copy of Statement of Charge
Exhibit 2 - Copy of Notices of Election


    

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