Broward County Commission Regular Meeting


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AI-27859 24.       
Meeting Date: 11/13/2018  
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 complainant has been subjected to housing discrimination in violation of the federal Fair Housing Act and the Broward County Human Rights Act.

(Per the Tuesday Morning Memorandum, the Office of the County Attorney has withdrawn this item, as the complainant has retained private counsel.)
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
Mr. David Ferebee is an individual with a disability who filed a complaint with the Broward County Human Rights Section (the "Section") alleging housing discrimination against Wilton Station Condominium Association, Inc. ("Wilton Station"). In his complaint, Mr. Ferebee alleges that Wilton Station denied his reasonable accommodation request to have certain portions of the common areas comport to the standards of the Americans with Disabilities Act.
 
After receiving the complaint, the Section investigated Mr. Ferebee's allegations and found reasonable cause to believe that Wilton Station engaged in discriminatory housing practices against Mr. Ferebee. Settlement efforts were unsuccessful, so a formal charge of discrimination was filed with the Broward County Human Rights Board. On October 22, 2018, Mr. Ferebee elected to have this matter resolved by a court of competent jurisdiction instead of by the Broward County Human Rights Board.
 
Pursuant to the County's agreement with the Department of Housing and Urban Development, under which the County receives funding, the County is required to prosecute claims of housing discrimination. Section 16½-53(b) of the Broward County Code of Ordinances requires that the Office of the County Attorney obtain authorization from the Board to file a court action to prosecute these matters. This motion authorizes the Office of the County Attorney to file an action.
Source of Additional Information
Rocio Blanco Garcia, Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Legal services will be provided by the Office of the County Attorney. Litigation costs are estimated to be $5,000 - $20,000. These costs will be paid by the County, and some costs and attorneys' fees may be recoverable from Wilton Station depending on the outcome of the litigation.
Attachments
Exhibit 1 - Broward County's Statement of Charge


    

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