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HomeMy WebLinkAboutRES.05-07-1980.Amendment to H.R. 5200 , . _ + A RESOLUTION IN SUPPORT OF THE SENSENBRENNER-VOLKMER AMENDMENT TO H.R. 5200 TO ELIMINATE FEDERAL REVIEW OF LOCAL ZONING DECISIONS WHEREAS, H.R. 5200, the Fair Housing Amendments of 1980, is currently pending in the U.S. House of Representatives, and WHEREAS, H.R. 5200 authorizes HUD to set up an administrative court to review local zoning decisions; and WHEREAS, the Sensenbrenner-Volkmer Amendment to H.R. 5200 would eliminate such Federal review of local zoning decisions, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, A5 FOLLOWS: 1. That the City of Cape Girardeau, Missouri, is strongly opposed to any further Federal intervention in purely local matters, 2. That the City strongly opposes establishment of an administrative court under HUD to review local zoning, and 3. The City strongly supports the Sensenbrenner-Volker Amendment which would eliminate the HUD Court, and urges its immediate passage. ADOPTED THIS � DAY OF MAY, 1980. a_... . .� �� ('��, ,� � �.a__ .��� / �. �. ; �,�i Paul W. Stehr, Mayor ATTEST: ,�. � �� �r . ������� � ���� Verna L. Landis, City Clerk v+ , . ��. �. ; ._,' _ J �: _,y �Co�gre�� of �je �'t��teb �tate� �..��.�-- �ouge of �epre�entatibe� ���fS ; �'a�s�htngcton.�.�. J 20515 � April 21, 1980 Dear Mayor: As a ]ocal elected official , you doubtless share our deep concern over the possibility of federal intervention in local zoning decisior�s. It w�s situatior�s suct� as this that ied us to form the 53-member House Suburban Caucus. The right of local decision making over land-use has not yet become the province of Washington, D.C. and never should. A vote to allow such intervention will occur in the next three weeks, in the U.S. House of Representatives, on a bill entitled Fair Housing Amendments of 1980, H.R. 5200. Hand in glove with this legislative effort are regulations announced by the U.S. Department of Housing and Urban Development to implement local zoning review by the Federal Government, indeed, by HUD itself. HUD proposes -- and H.R. 5200 authorizes -- federal review of iocal zoning decisions which might, in HUD's view, be discriminatory as defined by HUD. Don't take our word for it. Read for yourself the underlined portion in HUD's own regulatory proposal published in the Federal Register of February 5, 1980. Further -- and most im ortant -- H.R. 5200 would create an Administrative Court within HUD to handle com laints that loca zonin is discriminator . We believe that such Administrative Court review of local zoning violates every principle of sound government because it puts the Federal Government directly in local affairs. Rarely has Congress considered such far-reaching national land-use legislation. By reading the enclosure, you have noted HUD's intent. How would HUD implement that intent? They would do so by having their own regulations on questioning zoning practices interpreted by the Administrative Law Judge Court created under Section 811 of H.R. 5200. ` � � .�, � � � I , � i' � � ! ; i � ; i i i i � ; 4 � � ;. ', i a ; � � � � i � ; � � � ', , , , ; 'r ; � � 6 ,, � � i i 9 � � .,. r � Apr i 1 21, 1980 Page 2 Re: H.R. 5200 If you are worried -- as we are -- that such an Administrative Court might be created, you can help prevent it by expressin for an amendment to be offered by Representatives HaroldyVolkmerp(DtMo. ) and James Sensenbrenner (R-Wisc. ). The Sensenbrenner-Volkmer amendment would eliminate the HUD court, and thus, the opportunity for HUD zoping decision review. Remember, make his or her decision on this issaerwith9nethedmonth1 andd to voice as a defender of local government rights is an important�one. Make it heard! � �. John W. Wydler Member of Congress Ronald M. Mottl Member of Congress i � � � � � k � k � ,, i ; ' + ; � � � ; i � + , , , Federal Register / Vol. 45, No. 25 / Tuesday, February 5, 1�J80 /.Proposed Rules �g81 Rights Act of 1988;elso would provide Authority.Title VIII of the Civil R' ta Authority.Title VIII of the Civil Rights information ae to membership in Act of 1988,Pub.L.9aZ84 82 Stat.73•18 Act of 1968;Pub.L.90-284,82 Stat.73;18 associations,and the use of eervices 5. U.S.C.245. among real estate brokers. Re�+ulaloryAnalysis.No. RegulatoryAnalysis. No. Need. To implement Title VIII which Contacl.Marianne Freeman,202-755- Contact.Marianne Freeman,202-755- prohibits discrimination in the sale or 6113. 8113. rental of dwellings,discrimination in Status.In nrevaration. Stotus. In preparation. financing,blockbusting,and 9.FH&EO-8-78.Prohibited Appraisal il.FH&EQIO-78.Diacriminalory Practices discriminatory advertising and which also makes it unlawful to deny any �actices Regarding Property Insurance person accesa to,or membership Description.Would provide guidance Description.Would describe the participation in,any multiple listing to persons concerning HUD's coverage of Title VIII of the Civil Rights service or real estate broker's interpretation of proper atandards and Act of 1968 with respect to denials of organization based on race,color, policies concerning the appraisal of property insurance and advise the religion, sex or national origin. dwellings;also would advise appraisers public as to the testa which HUD will Authorily.Title VIII of the Civil Righta and the public of HUD's position apply in complaint investigations to Act of 1968;Pub.L.90-284,82 StaL 73;18 concerning practices,procedures,and determine whether violations of Title U.S.C.245. methods of appraisal which could VIII have occurred. Regulntory Ana/ysis.No. constitute a violation of Tide VIII. Need.To implement Title VIII and to Contact. Marianne Freeman,202-755- Need. HUD complaint experience has inform prospective owners securing and 6113. shown that appraisab ere the aubject of maintaining property insurance. Status.In preparation. many Title VIII complaints.In the Aulhority.Title VIII of the Civil Rights' 7.FH&EO-6-78.Conduct Which Constitutes investigations of such complaints,we Act of 1968;Pub.L.9�284,82 Stat. 73;18 Steering Lln�ier Title VIII have found that instructional materials U.S.C.245. Desc�iplion. Would describe real recognized as being authoritative on RegulatoryAnalysis. No. estate practices which could be a appraisal methods contain directions to Contact.Marianne Freeman,202-755- violation of Title VIII uf the Civil Rights appraisers which can result in violations 6113. Act of 1968 with emphasis on steering af Title VIII of the Civil Rights Act of Status. In preparation. based on race,color,religion,sex,or 1968.Some efforts have been leunched �,FH&EQIl-78.AffvmaNve national origin. to review these materiala;however,this AdministraHon of Federal Program Relating Need.To aid persons in complying process is cumbersome eince the to Housing and Urban Development with Title VIII by describing practices Government and the major associations Description. Sets forth FiIJD's which constitute steering;also to advise of appraisers have voluminous material �nterpretation of the Title VIII mandate prospective buyers and renters of relating to eppraiaal policies.A general to administer programs relating to practices,often unrecognized,which statement of appraisal policies and housing and urban development in a unlawfully restrict their range of housing Practices which may violate Title VIlI manner affirmatively to further the choices. will be helpful to appraisers in their purposes of fair housing;also would Aulhority.Title VIII of the Civil Rights work and to the public in understanding identify,in general,the nature and types Act of]968;Pub.L.9�284,82 Stat.73;18 fair housing considerations in the of action HUD will take in lhe U.S.C. 245. appraisal of dwellinge, administration of its programs to Regulator}�ana/ysis. No. Authority.Title VIII of the Civil rights enhance their impact on the provision of Contoct. '�tarianne Freeman,202-755- Act of 1968;Pub.L.9b-284.82 Stat.73;18 fair housing. 6113. U.S.C.245. Need. To further implement Sections Stotus. In rc aration. Regu/atoryAnalysis. No. 808(a),808(d)and 808(e)(3)of the Civil 8.FH&E0.7-78.Unlawful Zoning and I,and Contack Marianne Freeman, 202-755- Rights Act of 1968. Use Practices U�der Tiile VIII 8113. Authority.Title VIII of the Civil Righls escr . ou ' Status.In preparation. Act of 1968;Pub.L.9�284,82 Stat.73;18 anolicabilitv of Title VIII of the Civil 10.FH�EO-e-7e.Residendal Redlining Under U.S.C.245. $iPhts Act of 1988 to zoninQ and land �tle VIII Regulotory Anolysis�No. use�ractices and indicate the tests to be Descrrption. Would indicate HLID's Contact. Marianne Freeman,202-755- 6113. used by HUD in determininst whether a interpretation of Section 804(a)of the � violation has occurred. 1968 Civil Rights Act with respect to Slatus. In preparation. Nee . In ea inQ wit cases where redlining;also would set forth the tests 13.FH&EO-1�78.Training and Employment violation of Title VIII throusth zoninQ to bQ applied by the Department in Opportunitiee for I.ower Income Res�dents actions was allested, the courts have investigating allegationa of redlining Descrrption.Would provide Hi1D's rp ovided some indication es to the based on race,color,religion, sex or interpretation of the provisions of scope of coveraAe of Title V[II.Thus,the national origin. Section 3 of the Fiousing and Urban courts have held that Title VIII orohibits Need.To implement Section 804(a) Development Act of 1968 with respect to discriminatorv land use and zoninQ which makes it unlawful"to refuse to opportunities for training and actions.However,the courts ha�•e not sell or rent. . .or otherwise make empioyment for lower income residents nrtir.ulated a standard for comnli�nce unavailable or deny,a dwelling to any arising in connection with NUD assisted with the Fair HousinY Law.In person because of race,color,religion, projects, and for contracting administerinx the Law,HUD can sex,or national origin."HUD experience oppurtunities for business concerns rovide assistance to the ublic and in this area indicates that applicants located in,or owned in substantial part loca aQencies bv indicating the tests it may not be aware of real estate by, persons residing in the area of E iUD- will a 1 in its anal sis of com laints practices which constitute redlining assisted projects. a ekinQ iscriminatorv zoninQ or land be�ause of the aubtle neture of the IVeed. HUD's exis;ing Section 3 use �ractices. practice. regulation was promulgated prior to the _ '.