DEC 1 6 2016 Fort Worth Regional Office of Fair Housing ard Equal Opportunity, Region VI 801 Cherry St, Unit 45, Suite 2500 Font Worth, TX 76102 Phone 1-889-560-8913 Fax 817-978-5876 wow hud gov December 09, 2016 Larry E Casto Dallas City Attomey's Office 1500 Marilla Steet, Room 7DN Dallas, TX 75201 Dear Representative (of City of Daas) Subject Housing Discrimination Complaint Center for Housing Resources, Ine. v. City of Dallas Inquiry No. 510888 HUD Case No. 06-17-6202-8 Attached isa copy ofthe Notification Letter and attachments sent to your cient onthe filing of the subject Housing Discrimination Complaint. Sincerely, _—. E Gin sees tee Fort Worth Regional Office of Fair Housing and Equal Opportunity Region VI Frelosures HUD Case No. 06-17-6202-8Fort Worth Regional Office of Fair Housing and Equal Opportunity, Region VI 801 Chery St, Unit 45, Suite 2500 Fort Worth, TX 76102 Phone 1-888-560-8913 Fax 817-978-5876 www hud. gov December 09, 2016 City of Dallas 1500 Marill Street, Room TBN Dallas, TX 75201-6318 Dear Respondent: Subject: Housing Discrimination Complaint Center for Housing Resources, Ine. v. City of Dallas Inguity No. 510888 HUD Case No. 06-17-6202-8 ‘We have received a formal complaint alleging that you have engaged in one or more discriminatory housing practices under the Federal Fir Housing Law, 42 U.S.C. Sections 3601-3619. We ate required by statute to send you a copy of the complaint. We are enclosing a copy of the complaint for you. The alleged discriminatory practices are identified inthis complaint, We have made no determination as to whether the complaint against you has merit. The purpose ofthis letter is to inform you of 1) the rights you have in responding to this complain, 2) the rights each complainant has, and 3) the steps the U.S. Department of Housing and Urban Development (the Department) will take to determine whether the complaint has merit In order to insure thatthe Department informs you properly of the laws requirements, this notification letter ‘contains language required by the law. A similar leter is used to notify all parties whenever a formal ‘complaint has been filed with the Department under the Federal Fait Housing Law. ‘We are governed by federal law, which sets out what steps we must take when a formal complsint is filed ‘The law also includes steps that you can take to answer or refute the allegations ofthis complaint. ‘Under federal Iw, any answer from you to this complaint can be filed within 10 calendar days of your receipt ofthis letter or receipt ofa letter notifying you of any amendments to this complaint. Your answer must be signed and you must affirm that you have given a truthful response by including the statement “I eclare under penalty of perjury tat the foregoing is true and correct.” Acceptance Letter HUD Case No. 06-17-6202-8‘You willbe allowed to amend your statement at any time, if our investigation shows tha itis reasonable aad fair for you to do so. ‘Our responsibility under the law is to undertake an impartial investigation and, atthe same time, encourage all sides o reach an agreement, where appropriate, through conciliation. The law requires us to complete our investigation within 100 days ofthe date ofthe official filing ofthe complain. If we are unable to meet the 100-day requirement for ising a determination, the law requires tht we notify you and the complainant() and explain the reasons why the investigation of the complaint is not completed, In handling this complaint, we will conduct an impartial investigation of all claims thatthe Fair Housing Act has been violated. Ifthe investigation indicates that there isnot evidence establishing jurisdiction, the case will be dismissed, At any point, you can request that our staff assist you in coneiliting (or setling) this complaint withthe complainant). I the ease is not resolved, we will complete our investigation and decide ‘whether or not the evidence indicates that there has been a fair housing violation. Ifthe parties involved have ‘not reached an agreement to sete the complaint the Department will issue a determination as to whether there is reasonable cause to believe a discriminatory housing practice has occurred. I our investigation indicates that there is reasonable cause co believe that an unlawful discriminatory housing. practice has occurred, the Department must issue a charge. Ifthe investigation indicates that there is no ‘reasonable cause to believe that discrimination has occurred, the complaint will be dismissed. In either event, you will be notified in writing If the determination is one of reasonable cause, the notification will advise you and the complainants) of {your rights to choose, within 20 days, whether you wish to have the case heard by an Administrative Law Judge, orto have the matter referred for trial in the appropriate U.S. District Coun. ‘Each complainant has the legal right to file such a suit, even ifthe complaint formed the basis for a charge, as Jong as an Administrative Law Judge has not stared a hearing onthe record with respect tothe charge ‘Under federal law, even ifthe Department dismisses the complaint, each complainant still has the right 10 le «an individual lawsuit under the Fair Housing Law in an appropriate federal, state or local court within two ‘years ofthe date of the alleged discriminatory practice or ofthe date when & conciliation agreement has been Violated. The law does not count, as pat of the two-year period, any of the time when a proceeding is pending with the Department. ‘There may be other applicable federal, state or local statutes under which you and/or the complainants) may initiate cour action, You may consulta private attorney inthis regard. ‘The law also requires us to notify you that section 818 of the Fair Housing Act makes it unlawful for you, oF anyone acting on your behalf, to coerce, intimidate threaten, or interfere with any person inthe exercise or enjoyment of, any right granted or protected under the Federal Fair Housing Law. The law also makes it illegal for anyone to coerce, threaten or interfere with any person for having aided or encouraged any other person in the exercise or enjoyment of, any right or protection granted to them under the Federal Fair Housing Law. Some explanatory material on the law is enclosed for your information Acceptance Leueryou have any questions regarding this ease, please contact our office at 1 202 619-8046, Please refer to the ‘ase number athe top ofthis letter in those contacts, and keep ths office advised of any change of your address or telephone number. We hope this information has been helpful to you €0 Cau suey Die Fort Worth Regional Office of Fair Housing and Equal Opportunity Region VI Enclosures Acceptance Letter HUD Case No, 06-17-6202-8Case Numbs 4 Angust 24, 2016 Housing Discrimination Complaint Complainants: (Carolina Chase Apartments, Ine 3103 Greenwood St. Dallas, TX 75204 ‘Represented By: The Suster Law Group, PLLC Center for Hossing Resources, In. clo Tersi Anderson PO Box 1850, Coppell, TX 75019 Represented By: Lacefield, Gary ‘Complainant Representatives: Gary Lacefield Risk Mitigation Group 1402 W. Mayfield Rd, Ste. 400 Arlington, TX 76015-2374 Representing: Center for Housing Resources, Inc. ‘The Suster Law Group, PLLC 1316 Village Creek Dr, Ste, 300 Plano, TX 75093-4461 ‘Representing: Carolina Chase Apartments, Ine. Other Aggrieved Parties: The following is alleged to have occurred or is about to aceur: ‘+ Other discriminatory aces ‘+ Discriminatory acts under Section 818 (coercion, Etc.) + Using uidinances wo discriminate in zoning and land usez ‘The alleged violation occurred because of: + Race + National Origin ‘Address and location of the property in question (or if no property is involved, the city and state where the diserimination occurred): Carolina Chase Apartments, Ine. 5351 Peterson Lane Dallas, TX 75240-5077 Respondents: Monica Contreras Code Compliance, Dallas Fite Department 3112 Canton St Dallas, TX 75226 (FNU) Eldridge Code Compliance, Dallas Fie Department 3112 Canton St Dallas, TX 75226 City of Dallas 1500 Marilla Steet, Room 7EN Representative for the City of Dallas: Chris Bowers Interim City Attorney 1500 Maria Steet, Room 7DN Dallas, TX 75201-662 Lee Kleinman Councilman, City of Dallas 1500 Marilla Street, Room SFS Dallas, TX 75201‘The following isa brief and concise statement ofthe facts regarding the alleged violat ‘The Center for Housing Resources, Inc. and Carolina Chase Apartments, In. (collectively, “the complainants") are providing affordable housing to low- and very low income persons inthe City of Dallas through the Carolina Chase Apartments. The property is located at 5351 Peterson Lane, Dallas, Texas, in anighly desirable neighborhood near the Galleria and Valley View areas. The primary beneficiaries ofthe property are Hispanics and African Americans, a they ae disproportonately persons limited within the City of Dallas. Because of the persons served, the complainants have associational standing. After a structure fire that damaged the property, the Complainants planned to demolish the current 2-story structure and replace it with 3 S-story, multi-use property that continued to house low-income families in accordance with the Land Use Restriction “Agreement ("LURA"), In order to proceed with these plans, the Cty of Dallas would hhave to indicate co the Sate of Texas, through the Texas Deparment of Housing and ‘Community Affairs that it supported the proposed use of Law Income Housing Texas Credits for this property. The complainants allege that istic: Councilman Kleinman ‘was supportive of Complainants’ plans until he leamed that those plans included the leasing of units to low-income families, at which point he told complainants that they could build a low-income project, but not at that location, Councilman Kleinman is alleged to have told the complainants during a meeting that he would prefer a20-story, ‘market rate development at that location and that there were ater places inthe City ‘where affordable housing could go. Asa result, the City of Dillas has not supported the complainants’ attempts to develop the property. Complainants contend tha the City of Dallas has invested more than $1 billion inthe area around the subject property and that it has a definite interest in excluding low- income families from this Nort Dallas location. In order to fecilitate the exclusion of low-income families, complainants contend thatthe City of Dallas stepped up its code enforcement against the subjest property with te intent of shuting down the property. Complainants contend thatthe ity of Dallas believed that fit could force complainants’ property into foreclosure, it could then void the LURA as a foreclosure sale would erase the LURA and any requirement to house low-income families onthe property. Despite the City’s efforts, the complainants have been able to keep the property out of default, but they are facing substantial financial damages if they are ‘unable to reconstruct the property as planned, ‘The most recent date on which the alleged discrimination occurred: April O1, 2016, and is continu410, Types of Federal Funding Hentified: fea violation of the 11, The acts alleged in this complain, if proven, may const following sections: 804b, 818, and 804alb or fof Title VII of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988. Title VIof the Civil Rights Act of 1964 Please sign and date this fo ‘declare under penalty of perjury that I have read this complaint (including any. attachments) ard that i is true and correct. Dae NOTE: HUD WILL FURNISH A COPY OF THIS COMPLAINT TO THE PERSON OR ORGANIZATION AGAINST WHOM IT IS FILED.