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HomeMy WebLinkAbout4415-05/08/2000 MISC �j q �p�+ BLACK HAWK COUNTY IOWA:ss �DO�1.SJ�0 M R3 N � Filed for record JULY 26 , 2000 at PRC} 4:00P. M. and recorded in Book 339 COMPA E of czMISC at page 521 . • jyz 4.0 Recorder FEE 1-75.00 CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4415 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO IOWA BY REPEALING SECTION 20-9, UNFAIR OR DISCRIMINATORY PRACTICES-HOUSING, OF CHAPTER 20 , HUMAN RIGHTS COMMISSION; AND ENACTING IN LIEU THEREOF NEW SECTION 20-9, UNFAIR OR DISCRIMINATORY PRACTICES-FAIR HOUSING ORDINANCE, OF CHAPTER 20, HUMAN RIGHTS COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 20-9, Unfair or Discriminatory Practices - Housing, of Chapter 20, Human Rights Commission, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that new Section 20-9, Unfair or Discriminatory Practices - Fair Housing Ordinance, of Chapter 20 , Human Rights Commission, is hereby enacted in lieu thereof as follows : Sec. 20-9 UNFAIR OR DISCRIMINATORY PRACTICES-FAIR HOUSING ORDINANCE I . PURPOSES The purposes of this Agreement for Interim Referrals or Other Utilization of Services (interim agreement) -are : to provide for referral of fair housing complaints between the U. S . Department of Housing and Urban Development ( "the Department or "HUD" ) and the Waterloo Commission on Human Rights (the Agency or the WCHR" ) ; to set forth the terms and conditions upon which such referrals will be made; to define the terms and conditions upon which the services and employees of the Department may be used by the Agency; to define the terms and conditions upon which the services and employees of the Agency may be used by the Department; and, to establish procedures for communication between the parties to this interim agreement that permit the Department to monitor and evaluate the Agency' s administration and enforcement of its fair housing law for initial and continued certification. These communication procedures will assist the Department in determining whether, in operation, the fair housing law administered by the Agency provides rights, procedures, remedies, and judicial review for alleged violations of law that are substantially equivalent to those provided in the Fair Housing Act (more specifically, whether the Agency is operating in a manner consistent with the performance standards set forth at 24 CFR part 115) . II . AUTHORITY The Department is responsible for the administration of the Fair Housing Act (42 U. S .C. 3601-3619) and the implementing regulations at 24 CFR parts 100 , 103 , and 104 . ECCK 339 P4GE 521 Ordinance No. 4415 Page 2 The Agency is responsible for the administration and enforcement of the Waterloo Fair Housing Ordinance (WFHO) as interpreted, implemented, explained or otherwise effected by Regulations, Rules, Directives, and/or formal opinions of the State Attorney General or Chief Legal Officer of the jurisdiction, as appropriate . The Assistant Secretary for Fair Housing and Equal Opportunity, in applying the criteria set forth in the implementing regulations, has determined that the cited law provides rights, procedures, remedies, and judicial review for alleged discriminatory housing practices that are substantially equivalent to those provided in the Fair Housing Act . The law the Agency is charged with administering has not been in effect for a sufficient time to permit demonstration of compliance with the performance standards described in 24 CFR part 115 . 203 . Therefore, the Department and the Agency are entering into this interim agreement . III . DEFINITIONS As used in this interim agreement : A. "Agency" or "WCHR" means the Waterloo Commission on Human Rights . B. "Aggrieved person" includes any person who : 1 . claims to have been injured by a discriminatory housing practice; or 2 . believes that such person will be injured by a discriminatory housing practice that is about to occur. C. "Commence proceedings" means when the Agency received a complaint, assigned a case number, determined acceptability, and assigned the complaint for investigation and resolution. D. "Complainant" means a person who files a complaint under the WFHO or Section 810 of the Fair Housing Act . E. "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, - and the Agency representative . F. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in a conciliation agreement signed by the complainant, respondent, and Agency. G. "Concurrent processing" means the processing of a case under the Fair Housing Act and other civil rights authorities administered by the Department . .E03-K 33g PAGE 5 Ordinance No. 4415 Page 3 H. "Department" or "HUD" means the United States Department of Housing and Urban Development . I . "Dual-filed complaint" means a complaint that is filed with both the Department and the Agency and alleges discriminatory housing practices unlawful under the WFHO and Sections 804 , 805, 806 and/or 818 of the Fair Housing Act . J. "Fair Housing Act" means Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U. S . C. 3601-3619 (1944 Ed. ) , and as amended by Public Law 104-76, December 28 , 1995 . K. "Investigation" is the process by which HUD and the Agency obtain information concerning the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint; document policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint; and develop factual data necessary to determine whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. L. "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries . M. "Field Office" is the*Gateway Tower 11, 400 State Avenue, Kansas City, Kansas 66101-2406 . N. "Respondent" means : 1 . the person or other entity accused in a complaint of a discriminatory housing practice (s) ; and 2 . any other person or entity identified as a respondent during investigation and notified as required. IV. FILING OF COMPLAINTS/DUAL-FILING In order to protect housing rights and facilitate the filing of complaints, HUD and the Agency each authorizes the other to receive complaints for it . Each Agency will inform complainants of their right to file with the other agency and, pursuant to the procedures identified in this interim agreement, will assist the person alleging housing discrimination in preparing a complaint to satisfy the requirements of the other Agency. The authorization to receive complaints contained in this paragraph does not include the right of one Agency to determine the jurisdiction of the other over a complaint . A. Acceptance and Referral of Complaints NM 9 AGE5.23 Ordinance No. 4415 Page 4 (1) Complaints first received by the Department . When a complaint is filed with the Department and alleges a discriminatory housing practice that is within the jurisdiction of the Agency, the Field Office will , within 3 working days, notify the Agency by certified mail, and the complainant and respondent by mail within ten days, of the filing of the complaint with HUD and refer the complaint to the Agency for further processing. The Agency shall acknowledge the date it received the complaint or the certified mail receipt and return it promptly to HUD. The Department will take no action with respect to the complaint, except for reactivation as set forth in Section V of this interim agreement . Additionally, a referral does not prohibit the Department from taking appropriate action to review or investigate matters in the complaint that raise issues cognizable under other civil rights authorities applicable to HUD programs . If possible, the Department will include, in the transmittal of the complaint, information as to whether other civil rights authorities are applicable . if the Department cannot make a determination that other civil rights authorities apply within three days of the receipt of the complaint, the Department will forward the complaint and provide such additional information as soon as it is determined. (2) Complaints first received by the Agency. When a complaint is filed with the Agency under its fair housing law, the Agency will forward it to the Field Office within 5 working days after receipt . The Agency shall indicate its case file number on the transmittal to HUD. Upon receipt of the complaint, HUD will assign a file number and notify the Agency within 5 working days of the Department ' s acceptance of the complaint as dual-filed. The Field Office will notify the Agency within 5 working days after the complaint has been received whether HUD has determined that other civil rights authorities are applicable . When the Agency receives a complaint, the complainant or aggrieved person shall be informed of his/her rights under the Fair Housing Act and encouraged to file a complaint with HUD. The time period for reactivation will begin upon the Agency' s acknowledged date of receipt of the complaint . The Agency acknowledges receipt by dating the Department ' s enclosed return receipt, assigning an Agency case file number, and returning the receipt to the Field Office . HUD will begin monitoring of the complaint based on the Agency' s acknowledged receipt date the Agency shall assist the complainant or aggrieved person in drafting a complaint that meets the filing requirements of this eco; 339 524 Ordinance No. 4415 Page 5 Section and shall send the complaint to the Field Office designated in Section III . M. B. The Agency agrees that complaints may be filed by telephone, in person, or by mail . Complaints filed with the Agency will be considered dual-filed under its own law and with the Department under the Fair Housing Act . C. Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint . Information can be provided by telephone and reduced to writing by an agency and the signature and affirmation may be made at any time during the investigation. D. Each complaint must contain substantially the following information: (1) The name and address of the aggrieved person; (2) The name and address of the respondent; (3) A description and the address of the dwelling that is involved, if appropriate; and (4) A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice . E. A complaint will be considered filed when it is received by the Department, or dual-filed with the Department through the Agency, in a form that meets the standards of C and D above . F. HUD will identify any complaint that may involve the need for a temporary restraining order (TRO) and refer the complaint to the agency promptly by telephone with follow-up mail . G. The Agency agrees : (1) To engage in comprehensive and thorough investigation and conciliation activities . (2) To commence proceedings with respect to a complaint before the end of the 30th day after receipt of the complaint, carry forward proceedings with reasonable promptness in accordance with this interim agreement, and make final administrative disposition of a complaint within one year of the date of receipt and within 100 days of receipt of the complaint, complete the following investigatory proceedings, including the preparation of a final investigative report containing: (a) The names and dates of contacts with witnesses; BOOR 339525 Ordinance No. 4415 Page 6 (b) A summary and dates of correspondence and other contacts with the aggrieved person and the respondent; (c) A summary description of other pertinent records; (d) A summary of witness statements, - and (e) Answers to interrogatories . H. The Agency agrees to notify the complainant and respondent in writing of the reasons, if the Agency is unable to complete the investigation within 100 days . I . The Agency agrees that it will not refer any complaints to any agency or unit of government unless the Department has found such agency or unit of government to be substantially equivalent . J. The Agency agrees not to permit any of its decision making authority to be contracted to or delegated to a nongovernmental entity. IV. REACTIVATION A. Mutual Reactivation Reactivation may occur if the Agency or Department requests reactivation or the Agency consents to reactivation. The following situations are bases for reactivation under this paragraph: (1) If the respondent is a Federal , State, or local governmental Agency; (2) If the respondent has properties outside the jurisdiction in which the Agency operates; (3) If the case is systemic; or (4) If handling the case would result in a conflict of interest for the Agency. B. Reactivation The Agency and the Department agree that, except with the consent of or request for reactivation by the Agency, the Department, after referral of the complaint, shall take no further action with respect to such complaint unless : (1) The Department determines that the Agency no longer qualifies for certification; or (2) The Agency has failed to commence proceedings with respect to the complaint within 30 days of the Agency' s acknowledged receipt date (in accordance with Section III (C) ; or ECU 339 PAGE,5?6 Ordinance No . 4415 Page 7 (3) The Agency, having so commenced such proceedings within the 30-day period, fails to carry forward such proceedings with reasonable promptness . The determination that the Agency has failed to act with reasonable promptness is one that the Department will make on a case-by-case basis through consultation with the Agency. Factors to be considered include, but need not be limited to, the following: • the subject matter; • the number of aggrieved persons; • the complexity of the issues involved in the complaint; • the progress made by the Agency since the referral of the case; • the workload and resources available to the Agency; and • scheduling difficulties between the Agency, • the aggrieved person, and the respondent . (4) HUD will not reactivate a complaint under this paragraph until the appropriate HUD Field Office has conferred with the Agency to determine the reason for the delay in processing the complaint . If the Assistant Secretary believes that the Agency will proceed expeditiously following the conference, the Assistant Secretary may leave the complaint with the Agency for a reasonable time . (5) The complaint will be reactivated, if, at any time during the processing of the complaint : (a) it is discovered that the complaint was improperly referred to the Agency; or (b) the complaint was properly referred, but it is discovered that the complaint involved exemptions or other restrictions that, if known at the time of referral , would have resulted in HUD ' s retention of the complaint under paragraph VIII (A) of this agreement . The Department may reactivate under this Agreement without regard to such time frames as set forth herein. Reactivation for untimely processing will begin from the Agency' s acknowledged date of receipt of the complaint . C. If reactivation occurs under this paragraph V, the Agency will not receive payment for processing, unless HUD determines that failure to pay would impose a significant burden on the Agency. VI . REQUIREMENTS FOR CERTIFICATION The following are requirements for receiving and maintaining certification: 339PAGE527 Ordinance No. 4415 Page 8 A. To conduct compliance reviews of all settlements, conciliation agreements and orders issued to resolve discriminatory housing practices; B. To consistently and affirmatively seek and obtain the type of relief designed to prevent recurrences of such practices; C. To consistently and affirmatively seek the elimination of all prohibited practices under its fair housing law; D. To inform the Department of any changes in duties or responsibilities in addition to the administration of the fair housing law, E. To provide the Department, annually, data showing changes in the organization of the agency, funding and personnel made available for the enforcement of the fair housing law; and F. To immediately notify the Department of any changes in its fair housing law, regulations, directives; any pertinent opinions of the State Attorney General or the Chief Legal Officer of the Agency' s jurisdiction. VII . COMPLAINT PROCESSING A. The Department will refer to the Agency for processing any complaint filed with the Department that alleges a violation of the Agency' s fair housing law. B. The Agency agrees to accept any complaint referred to it by the Department, and to process such complaint . The Agency further as rees that no complaint referred to it by the Department involving discriminatory housing practices will be referred to any other Agency. C. Investigations To ensure that complaint investigations are effective, the Agency and the Department agree that : (1) The Agency and the Department will have mutual access to all relevant information in each other ' s possession during the investigation of a complaint (access also may be requested from other local, State and/or Federal agencies as appropriate) unless they are legally restricted from doing so; (2) Upon reasonable notice by either signatory, each agrees to make available to the other, to the maximum extent possible, such facilities and/or staff resources as are necessary in processing a complaint; and (3) When there are reasons for an investigation to be conducted jointly by investigators from both the Department and the Agency, the signatories will eCOK 339 PACE 528 Ordinance No. 4415 Page 9 coordinate their pre-investigative planning to assure that there is no duplication of effort . During any joint investigation, the investigators from both signatories will make the same representations to respondent (s) , complainant (s) , and witnesses . For example, where a case is concurrently processed (other civil rights authorities administered by HUD as well as the Fair Housing Act and the Agency' s fair housing law apply to the case) , HUD may participate in the processing of the complaint . D. Other Civil Rights Authorities In addition to the Fair Housing Act, other civil rights authorities may be applicable in a particular case . HUD personnel in the Field Office of FHEO will investigate that portion of the complaint not covered by this interim agreement, which may violate the following civil rights authorities : • Title VI of the Civil Rights Act of 1964 ; • Section 109 of the Housing and Community Development Act of 1974 ; • Executive Order 11063 of November 20, 1962 Equal Opportunity in Housing; • The Age Discrimination Act of 1975 ; and • Section 504 of the Rehabilitation Act of 1973 . E. Conciliation (1) During the period beginning with the filing of the complaint and ending with the filing of a charge or the dismissal of the complaint by the Director/Commissioner, the Agency will , to the extent feasible, attempt to conciliate the complaint . (2) In conciliating a complaint, the Agency will attempt to get a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as will assure the elimination of the discriminatory housing practices, or the prevention of their occurrence in the future . (3) The terms of a conciliation agreement will be reduced to writing. The agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest . (4) Where the Department has notified the Agency that a case is subject to concurrent processing, the Agency agrees to include language that states that the conciliation agreement does not prohibit HUD from taking further action against the respondent under ECOK 339PAPE529 Ordinance No. 4415 Page 10 applicable rules and regulations of the other civil rights authorities . Further, the Agency also agrees not to execute a conciliation agreement for cases subject to concurrent processing unless HUD concurs on the terms and conditions of that agreement . (5) The conciliation agreement must be signed by the respondent, complainant and the Director and/or Commissioner of the Agency. (6) The Agency may end its efforts to conciliate the complaint if the respondent falls or refuses to confer with the Agency; the aggrieved person/complainant or the respondent fails to make a good faith effort to resolve the dispute; or, the Agency determines that voluntary agreement is not likely to result . (7) The Agency agrees to make full disclosure of all conciliation agreements to HUD. F. Enforcement (1) In appropriate cases, the Agency will use its authority to seek prompt judicial action. Upon the filing of a complaint, the Agency promptly will seek appropriate temporary or preliminary relief on behalf of the aggrieved person consistent with the law and seek the implementation of appropriate sanctions and penalties . (2) In appropriate cases, the Agency will exercise its authority to issue subpoenas, require the attendance of witnesses to give testimony at depositions or hearings, and the production of relevant books, papers, documents, or tangible things . If a person fails to comply with a subpoena issued by the Agency, the Agency will enforce its subpoena. (3) Where a reasonable cause determination has been made, the Agency must use its authority to seek actual damages in an administrative hearing, or arrange to have adjudicated in court, at the Agency' s expense, the award of actual damages to the aggrieved person. Such actual damages can include damages caused by humiliation and embarrassment . (4) Where a reasonable cause determination is made against a respondent, the Agency must use its authority to seek appropriate injunctive or other equitable relief in administrative hearings, or to seek such relief in a court of competent jurisdiction. (5) Where a reasonable cause determination is made, the Agency must use its authority to seek and assess .ECO-1f 339PAGE5 3O Ordinance No. 4415 Page 11 appropriate civil penalties against the respondent in administrative proceedings or arrange to have adjudicated at Agency expense, the award of the appropriate punitive damages against the respondent . (6) The Agency will make final administrative disposition of a complaint within one year of the date of filing of a complaint unless it is unable to do so. if the Agency is unable to do so, it shall notify the complainant, respondent, and-the Department, in writing, of the reason (s) . G. Monitoring The purpose of monitoring is to ensure timely, complete, and quality case processing of each dual-filed complaint, enforcement of complaint, and provide appropriate technical assistance to the Agency. Information obtained through monitoring is used in part, for assessing the overall performance of the Agency as required under 24 CFR part 115 . (1) The Department will use the following . ,milestones" in assessing progress of the Agency in case processing. Failure by the Agency to meet these milestones alert the Department to the need to take further action. • 30th Day: Agency has commenced investigation or conciliation. • 75th Day: Agency has completed the Final Investigative Report, if conciliation is not completed. • 100th Day: Agency has submitted to the Department the final investigative report, containing the names and dates of contacts with witnesses, summary and dates of correspondence and other contact with the complainant and respondent, a summary description of other pertinent records, a summary of witness statements, and answers to interrogatories . (2) After the 100th day, HUD must assess whether the Agency is proceeding with reasonable promptness . The Agency must provide, in writing, to the Department the rationale and supporting documentation for the delay and a reasonable projected date of completion. (3) The Agency' s actions will be monitored to ensure that subpoenas are sought and enforced in all appropriate cases . (4) The Agency' s actions will be monitored to ensure that complaints may be amended to permit the naming of "any person or entity identified during the ECGK 3395 Ordinance No. 4415 Page 12 course of investigation and notified as required with respect to respondents . (5) The Agency' s actions will be monitored to ensure that no lesser standard is permitted because of the WFHO' s use of the word complaint instead of the word "charge" after a probable cause determination has been issued. VIII . COMPLAINTS TO BE PROCESSED BY HUD A. In no circumstance will HUD refer the following complaints to the Agency under this interim agreement : (1) Secretary-initiated complaints; (2) Complaints where the alleged discriminatory practice occurred over 180 days prior to the complaint being filed; and (3) (a) Complaints involving a respondent who has breached an executed and HUD-approved conciliation agreement; and (b) If a complaint involving a breach of a HUD-approved conciliation agreement is first filed with the Agency, the Agency shall immediately inform HUD, and transfer the case to HUD for processing. Such a complaint is not dual-filed, and the Agency will not receive payment by HUD under the Fair Housing Assistance Program. When complaints are first received by the Agency that involve complaints referenced herein, the Agency will immediately inform HUD and have the complaint transferred for HUD' s processing. Such complaints are not dual-filed. The Agency will not receive payment under the Fair Housing Assistance Program. B. HUD reserves the right not to refer the following complaints to the Agency: (1) Complaints that involve the legality of any State or local zoning or other land use law or ordinance where the complaint is first received by HUD; (2) Complaints that have been identified for systemic processing because they involve complex issues of fact or law or are pervasive and institutional in nature; and (3) Complaints for which HUD has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights granted under the Fair Housing Act or that any person or persons has been denied any of the rights granted by the Act . eov 339PAGE512 Ordinance No. 4415 Page 13 IX. TRAINING In recognition of the continuing need by both signatories to train staff (investigators, conciliators, attorneys, commissioners, administrators, etc . ) , the signatory parties agree to hold joint periodic training conferences to develop uniform standards of performance by both parties with respect to investigations and conciliation of complaints . The signatories will share responsibility for the preparation of training in accordance with budgetary constraints . The Agency is required to participate annually in HUD-sponsored training at national and regional training sites . X. RESEARCH ACTIVITY The parties agree that, from time to time, they jointly will undertake research in housing discrimination and other forms of discrimination which may impact on housing discrimination, as budgetary constraints permit . XI . EDUCATIONAL ACTIVITY The Agency agrees to coordinate its educational activities with other governmental and non-governmental entities that may be conducting fair housing education and outreach projects in the Agency' s jurisdiction (for example, other jurisdictions that are administering substantially equivalent laws, or recipients of Fair Housing Initiatives Program funding) . XII . TECHNICAL ASSISTANCE From time to time, the Agency agrees to accept technical assistance and on-site performance review visits from HUD. The need for such reviews will be determined by HUD, but may be specifically requested by the Agency and coordinated by both the Agency and HUD. Failure to implement technical assistance provided by HUD will have a negative effect on the Assistant Secretary' s determination as to continued certification. XIII . COMPLAINT REPORTING REQUIREMENT Agencies entering into this interim agreement with the Department will be required to have a complaint reporting tracking system that interfaces with the HUD national computer tracking system. Such tracking system must be in place prior to an agency' s receipt of certification and requirements for data collection will be specifically set out in the Memorandum of Understanding. XIV. LIAISON The signatories agree to name a specific individual, as well as an alternate, to serve as the principal contact person for each in all communications between them- The individuals so designated are : For the Department : LiaisonBerkley Pernell BQOK 339 PMGE 533 Ordinance No. 4415 Page 14 Alternate Robert Kelly For the Agency: Liaison Walter Reed, Jr. Alternate XV. REVIEW OF AGREE NT, DEFERRAL OF SUBSTANTIAL EQUIVALENCY DETERMINATION, EXTENSION AND PUBLICATION The signatories agree that they are entering into this Agreement for Interim Referrals or Other Utilization of Services with the understanding that the Department is deferring final determination of certification of substantial equivalency under 24 CFR part 115 for such reasonable period as the Department shall determine to be necessary to permit fair assessment of the Agency' s performance . In no case will such period be more than three years from the date all parties have signed this Agreement . At a reasonable time, not more than one year after the Assistant Secretary has signed this interim agreement, the Department shall assess the performance of the Agency in accordance with the implementing regulations . The Agency agrees that it will develop and finalize Regulations to clarify references in Subsection (I) (1) and (2) , clarification on the use of terminology of "charge" versus "complaint" and ensure that complaints may be amended to permit the naming of any person or entity identified in the course of investigation and notified as required with respect to respondents will be forwarded to the Department within four months . If the Agency does not comply with this interim agreement, HUD reserves the right to cancel it . This interim agreement shall not be extended beyond the date of interim certification pursuant to 24 CFR 115 . 207 or denial of certification pursuant to 24 CFR 115 .209 . Notice of entry into this interim agreement shall be published in the Federal Register. The Department will conduct an on-site review of the Agency' s administrative and judicial process and performance under the WFHO determine whether, in operation, the WFHO is in fact providing substantially equivalent rights, procedures, remedies, and judicial review in accordance with the standards of performance set forth in 24 CFR part 115 . XVI . EFFECTIVE DATE This Agreement shall become effective immediately following its signing by the Assistant Secretary for FHEO and shall remain in effect no longer than three years from the date of the Assistant Secretary' s signature . XVII . REQUESTS FOR INFORMATION The completed investigative file and conciliation agreement, if applicable, shall be forwarded to the Department on all dual-filed cases . The Agency should refer all requests for information to the Department if the Agency' s law will not permit Eeu�r ,c39PAGE534. Ordinance No. 4415 Page 15 disclosure of information requested. The Department will release information, subject to appropriate requests and according to relevant law and procedures, on investigations, conciliations, or orders on fair housing complaints after closure . This includes all cases dual-filed with the Department . XVIII . MODIFICATIONS Modifications to this Agreement do not lengthen the period in which the Agency must secure certification. The original date of the Assistant Secretary' s signature governs the onset of the three-year period. INTRODUCED: May 8, 2000 PASSED 1st CONSIDERATION: May 8, 2000 PASSED 2nd CONSIDERATION: May 8, 2000 PASSED 3rd CONSIDERATION: May 8, 2000 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 8th day of May, 2000 and approved by the Mayor on the 10th day of May, 2000 . 41. r J. n R Roof f, Mayor/ ATTEST: C Nancy Ecke , City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4415, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of May, 2000 . Witness my hand and seal of office this 10th day of May, 2000 . 9 e��o �•: � ' . Nancy Eck t, City Clerk SEAL f �c� 339P4GE535