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SR-0 (100) INFORMATION ITEM DATE: June 7, 1994 FROM: city council Marsha Jones Moutrie, City Attorney ~{rn Functions Of The Consumer Protection/ Fair Housing unit TO: RE: During last night's study session, Council Member Holbrook requested information about the functions performed by the Consumer Protection/Fair Housing Unit of the City Attorney's Office. This memorandum supplies a brief overview of the unit's work. Law enforcement is the unit's principle function. This function is performed in several ways. First, the unit institutes legal proceedings on behalf of the People of the state of California. These fall into two groups: civil enforcement proceedings brought pursuant to Business and Professions Code section 17200 to stop unfair business practices and criminal proceedings. The unit's cases originate from police reports, information supplied by local, state and federal agencies, and complaints from individual members of the public. The cases usually involve consumer fraud or housing discrimination. For example, one current case involves a motel which refused to rent a room to an African-American police officer. Another involves a local business which hires Latino laborers and then refuses to pay them as a pattern and practice. A third involves building owners who refuse to rent to senior citizens and whose building has numerous health code violations. In addition to filing enforcement actions, the unit performs other functions which effectuate fair housing laws. For example, with our CDBG funds come certain obligations relating to fair housing. The unit fulfills these obligations which include both the preparation of a study rel~ting to fair housing and public education. In total, at least one-third of the unit's time is devoted to effectuating fair housing laws; and this amount of time is reported to HUD in compliance with our obligations. The unit also resolves consumer complaints through investigations and inquiries. A significant percentage of complaints can be successfully resolved through this type of intervention, and it serves to educate and remind violators about their legal responsibilities. Where a lawsuit is necessary to effectuate individual rights, but the case is not appropriately brought on behalf of the People, the complainant is referred to private bar associations or Small Claims Court. ~ -2- Additionally, the unit performs community outreach and education functions in English and Spanish. This program encompasses a wide variety of consumer issues, as well as housing issues and issues relating to the rights of the disabled. other functions of the unit include working with the Police Department on notices relating to impounded vehicles, processing complaints against restaurants and employers relating to the City's smoking ordinance, and advising affected businesses of changes in laws which protect the rights of the disabled and of other consumers.