Submitted By
Jonathan Burch, Assistant Village Manager/Neighborhood Services Director
Reviewed By
A.M. Zayyad, Deputy Village Manager
Agenda Item Title
Title
A Presentation and Discussion of the Village’s Fair Housing Testing Project
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Overview
Overview
In spring 2024 the Village completed work with Hope Fair Housing on a fair housing testing project. Staff have worked since that time to develop a plan of how to address the fair housing issues identified in that report. This presentation will cover the results of the fair housing testing and staff’s recommended responses.
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Recommendation
Recommendation
Staff recommends that the Village undertake the following steps in response to the results of the fair housing testing.
• Amend Section 12-2 Residential Rental License
• Change the Village’s approach to housing provider training
• Enhance tenant resources
• Start the Fair Housing Coalition
• Future testing/training
Background
In 2023, the Village entered into a contract with Hope Fair Housing to conduct fair housing testing about anti-discrimination protections on the basis of Source of Income (SOI) and arrest or conviction records in Oak Park. Hope prepared a report that summarized the results of that testing as follows.
• Each investigation revealed evidence of Source of Income discrimination.
• HOPE could only determine how one housing provider assessed conviction records.
• No housing provider could share details about their policy or how a record would impact an application when asked.
Based on these findings, Hope made recommendations to the Village in four buckets.
• Transparency of tenant qualification criteria - The Village should consider requiring all rental housing providers to post their application criteria on their website, linked in their listings, and in leasing offices.
• Fair housing education and outreach for housing providers - Housing providers need more training regarding source of income protections, housing choice voucher policies, and the Just Housing Amendment.
• Fair housing education and outreach for current and prospective residents - The Village should consider an affirmative marketing campaign to counter the discriminatory effects of the policies and practices uncovered during HOPE’s investigations.
• Fair housing enforcement - The Village should help connect residents who have experienced discrimination to the tools and resources to seek justice for this discrimination.
After further review of these recommendations and discussions with partners, staff recommend that the Village take the following actions.
• Amend Section 12-2 Residential Rental License - Amendments to this section would broaden those covered by the requirement to receive annual training from the Village, clarify how soon a new housing provider must receive that training after getting a license, and require housing providers to provide more information about Source of Income protections and the Just Housing Amendment.
• Change the Village’s approach to housing provider training - The Village would change its approach to conducting training, increasing the frequency that we offer it from three to four times a year, require the training to be in-person, change to format to make it more engaging, and update the content annual based on the results of fair housing testing.
• Enhance tenant resources - The Village would expand its offerings for tenants to include a new housing provider/tenant handbook, updated fair housing handouts, and holding an annual tenant resource fair.
• Start the Fair Housing Coalition - The Village Board has a goal of creating a Fair Housing Coalition and this is the moment to do so. The group would be between 12 and 15 folks from a cross-section of Oak Park that would meet quarterly and create a long-term space for identification of and collaboration on actions by many parties to address fair housing issues.
• Future testing/ training - The Village would continue to pursue annual fair housing testing, developing future testing topics based on partner feedback. The Village will also partner with Hope to conduct a November training on Source of Income and a December training on arrest and conviction.
Fiscal Impact
Some, but not all, of the recommended actions developed by staff have a direct fiscal impact, these include the annual fair housing testing, facilitation of the Coalition, and an annual tenant resource fair. Specifics for implementation of these recommendations will be covered annually through the budget process.
DEI Impact
The focus of the fair housing testing done by Hope Fair Housing was anti-discrimination protections on the basis of Source of Income and arrest or conviction records. Discrimination based on Source of Income is illegal under 13-1-1 of the Village Code, as well as the Cook County Human Rights Ordinance, and at the State level. The Just Housing Amendment to the Cook County Human Rights Ordinance:
• Prohibits housing providers from denying a housing application based on juvenile or adult arrest records; and
• Requires that housing providers considering an individual’s covered criminal history perform an individualized assessment prior to denying any application for housing.
The testing and the actions proposed by the Village in response to the testing results are key steps in creating a more equitable and inclusive Oak Park.
Alternatives
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Previous Board Action
N/A
Citizen Advisory Commission Action
N/A
Anticipated Future Actions/Commitments
Based on feedback from the Board, staff will return with amendments to Section 12-2 Residential Rental License.
Intergovernmental Cooperation Opportunities
N/A