FHC AND CITY OF BOYNTON BEACH SETTLE ALLEGATIONS THAT MORATORIUM DISCRIMINATED AGAINST PEOPLE WITH DISABILITIES

The Fair Housing Center of the Greater Palm Beaches, Inc. (FHC) and Dr. Love Predelus have reached a Conciliation Agreement with the City of Boynton resolving a HUD complaint that the City’s moratorium discriminated based on disability.

The agreement is the result of a FHC complaint filed on March 29, 2017 with the United States Department of Housing and Urban Development (HUD) alleging that the City violated the Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, through instituting a six-month long moratorium on group home permitting in the City. The moratorium included homes that serve persons with disabilities. In addition, the FHC alleged that the actions taken by the City violated, interfered with, and frustrated the FHC’s ability to foster and promote equal housing opportunities and eliminate unlawful discriminatory housing practices.

As part of FHC’s efforts to counteract and deter what it alleged in the HUD complaint the FHC identified an additional complainant. On June 21, 2017, Dr. Predelus, owner of Summers Rain Assisted Living Facility, filed a complaint with HUD alleging that due to the moratorium on group home permitting, the City violated the Fair Housing Act, Section 504, and the ADA by delaying her ability to open up a group home serving persons with disabilities (which included veterans) in the City of Boynton Beach.

The City of Boynton Beach denied all allegations and in the interest of cooperation and collaboration the FHC, Dr. Predelus and the City of Boynton Beach have agreed to settle the claims in the underlying actions by entering into this Conciliation and Voluntary Compliance Agreement (Agreement).

Under the terms of the Conciliation Agreement, if the City intends to implement any ordinances or resolutions that relate to group homes for persons with disabilities, the City will to notify the public in its usual course, as well as FHC, of any such proposed legislative action, and meaningfully consider any responsive comments, including by FHC, received prior to enactment of any such ordinance or resolution. In addition, the City will facilitate a training and also distribute a copy of the Agreement to all City officials, staff, including elected, appointed, and/or hired positions and upon request, the public.

The FHC will work in partnership with the City by providing training, additional Fair Housing information and updates, apart from other existing partnerships the City has regarding Fair Housing Education and it’s HUD mandated obligations to Affirmatively Further Fair Housing within the City of Boynton Beach.

Group homes serve a very important role in this nation by assisting individuals with a wide rage of disabilities, such as chronic mental disorders that impair one’s ability to live independently. In addition, groups homes are crucial in assisting veterans, spousal abuse victims, those with drug and alcohol additions and helps fight homelessness.

Municipalities receiving federal funds must fully comply with the Fair Housing Act, as amended in 1988, 42 U.S.C. 3601 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq. in all programs.  Failure to do so could result in the lost of much needed funding for the community.

“We commend the City of Boynton Beach for stepping to the table in a pro-active manner to resolve this matter and the FHC looks forward to working with them in the future”, stated Vince Larkins, FHC President and CEO.