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.