Housing Discrimination Complaint

Filed With:
Mr. Garry L. Sweeney, Director
Fort Worth Regional Office of Fair Housing and Equal Opportunity, Region VI
U.S. Department of Housing and Urban Development
801 Cherry Street, Unit #45, Suite 2500
Fort Worth, Texas

76102

Filed On: June 13, 2016

Pursuant to The Fair Housing Act (42 U.S.C. 3610(a)(1)(A)) and the implementing
regulations (24 C.F.R. 103.30), the undersigned file this Housing Discrimination
Complaint against the City of Dallas, Texas for violations of the non-discrimination
provisions of the Fair Housing Act (42 U.S.C. 3604, 3605, 3606, 3607).
1. On May 25, 2016, the Dallas City Council authorized and approved (hereafter
May 25th actions) Agenda items For Individual Consideration 46, 47, 48, 49,
50, 51, 52, 53, 54, 55, 56, 57, and 58 (See 5-25-16 City Council Agenda,
available at: http://dallascityhall.com/government/Pages/CouncilAgenda.aspx) all concerning the construction or reconstruction of selfdescribed affordable housing consisting of grants, loans, and other financial
transactions composed of local and federal funds.

2. In a March 18, 2016 Report (No. A16-008) to the Mayor and City Council of
Dallas, City Auditor Craig Kinton (Attached to this e-mail) concludes In
addition, documentation of HOUs monitoring practices for 54 Projects from
Fiscal Year (FY) 2012 through FY 2014, totaling $29.9 million, is either absent,
limited, inconsistent, or incomplete. The report details the failures of the
Citys Housing Department to create and maintain records pertaining to the
control of housing expenditures, using methods of administration that
substantially impair the goals and effectiveness of the programs.

3. The Citys May 25th actions violate the non-discrimination provisions of the Fair
Housing Act because they are using methods of administration which have the
effect of subjecting persons to discrimination based on race, national origin,
and disability, substantially impairing the goals and effectiveness of the
Community Development Block Grant (CDBG) program.

4. The geographic locations chosen for the affordable housing described in the
City Council May 25th 2016 Agenda items all lie within the Citys Southern
Sector, an area well-known to exhibit poverty, low opportunity, high crime
rates, high minority populations, poor services, and a high concentration of the
Citys existing affordable housing stock. The Citys May 25th actions approving
additional affordable housing in these segregated neighborhoods, while
ignoring locations of higher opportunity within the City of Dallas, violates the
spatial deconcentration goals and objectives at 42 U.S.C. 5301, and promote
further segregation in the City of Dallas.

5. The use of CDBG funds for the creation of market-rate housing (described as
80% to 120% AMFI as noted in the May 25th Agenda Items) impairs the objective
for these funds to be used to benefit low (50% AMFI) and very low (30% AMFI)
income persons and families, constituting a misappropriation of CDBG funds.

6. The Citys May 25th actions do not comport with the November 5, 2014
Voluntary Compliance Agreement settlement action V.1.a):
A strategy, and a plan for implementation of such strategy, to encourage: (i)
the development of affordable housing throughout the City, including housing
for low and very low income residents; and (ii) the creation of greater
economic opportunity in sectors of the City that are concentrated by poverty,
through local tax abatements, economic investment and/or other incentives,
and use of HUD or other federal resources. The strategy shall include actions
that affirmatively further fair housing and encourage developers to partner
with organizations that counsel low and very-low income persons.

Clearly, the agreement by HUD and the City of Dallas to encourage the
development of affordable housing throughout the City, including housing for
low and very low income residents is not met by the Citys May 25th actions.
Nor does the Citys construction of these additional housing units satisfy the
creation of greater economic opportunity in sectors of the City that are
concentrated by poverty. Finally, the Citys May 25th actions do not satisfy
their federally mandated obligation to affirmatively further fair housing.
7. The Secretary of HUD should conduct, as part of the investigation of this
complaint, a review of the City of Dallas current Analysis of Impediments to
determine if the Citys May 25th actions are consistent with eliminating
impediments to fair housing.
8. The Secretary of HUD should conduct, as part of the investigation of this
complaint, a review of the City of Dallas Civil Rights Obligations (hereafter
CRO) certifications to determine if the Citys May 25th actions render their
certifications as inaccurate or void.

9. The Secretary of HUD should conduct, as part of the investigation of this

complaint, a review of the City of Dallas current Annual Action Plan to
determine if the Citys May 25th actions are consistent with the HUD-approved
Annual Action Plan.
10.The Secretary of HUD should conduct, as part of the investigation of this
complaint, a review of the City of Dallas current 5-year Consolidated Plan to
determine if the Citys May 25th actions are consistent with the HUD-approved
Consolidated Plan.

11.Inasmuch as the City of Dallas is an entitlement city and, as such, a recipient of

Federal Funds, the Secretary of HUD, pursuant to 24 C.F.R. 103.5, should
conduct, as part of the investigation of this complaint, the City of Dallas
compliance with Other Civil Rights Authorities including, but not limited to:
the Fair Housing Act (42 U.S.C. 3601-3619) including the implementing
regulations (24 C.F.R Part 103), the Civil Rights Act of 1964 (42 U.S.C. 2000d)
including the implementing regulations (24 C.F.R. Part 1), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) including the implementing
regulations (24 C.F.R. Part 6), Section 109 of Title I of the Housing and
Community Act of 1974 (42 U.S.C. 5309) including the implementing
regulations (24 C.F.R. Part 8), and Executive Order 11063 (24 C.F.R. Part 107).

/s/ Craig S. MacKenzie

6-13-16
(Mailing Address, Phone Number, E-mail Address already on file with HUD)

/s/ Curtis Lockey

6-13-16
(Mailing Address, Phone Number, E-mail Address already on file with HUD)