HomeMy WebLinkAbout1983-01-18 Correspondencehr
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When it began to seep we thought it to be a brokenwater main.
The water was tested both by the city and a private source and
was determined to be surface water.
In the winter of 1982 routine snow removal kept the freezing
flow to a.minimum. Spring thaw gave way to wet alge-ridden
pavement which lasted until freezing weather began late in 1982.
In early December 1982 the ice became thickened to 4-5 inches in
places. A police officer inquired as to the cause and reported
it as a safety hazzard. Since then street crews have graded,
and sanded and salted routinely to keep the bus route open. I
have been assured by Jim Schulte of the street Department that
continued sanding and grading can be expected.
I feel that this is a year around problem and that it should be
treated at its source rather than just at its effect.
Thank you for your attention into this matter.
Sincerelyt
Mary C. Panther
Y
CCI Clemens Erdahl
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mary,.C3• Panther �,'•,
135 North West'mi"n'st•ei t•
).Owa City, Iowa 52240.
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City Council,
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City of�'Iowa^City -->
,
Civic Centre
Iowa City, .Iouia•,,r;52240;_
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Dear Sirs:
L
I would like to bring to your attention
a situattion?which'Ex.ists-'
in our neighborhood.
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There is an. undergroundl stream running
�Westm
under the,street'�--in they
one :hundred-^b1'6ck of2-ACir#'h nster.
In Novemher;:�ofpr1981;.'`�..•
it began seeping through the street :and
now leaves the,,pavement
constantly wet in the warm months and ice packed now that it is
cold.
When it began to seep we thought it to be a brokenwater main.
The water was tested both by the city and a private source and
was determined to be surface water.
In the winter of 1982 routine snow removal kept the freezing
flow to a.minimum. Spring thaw gave way to wet alge-ridden
pavement which lasted until freezing weather began late in 1982.
In early December 1982 the ice became thickened to 4-5 inches in
places. A police officer inquired as to the cause and reported
it as a safety hazzard. Since then street crews have graded,
and sanded and salted routinely to keep the bus route open. I
have been assured by Jim Schulte of the street Department that
continued sanding and grading can be expected.
I feel that this is a year around problem and that it should be
treated at its source rather than just at its effect.
Thank you for your attention into this matter.
Sincerelyt
Mary C. Panther
Y
CCI Clemens Erdahl
�,4 1 i�sN• UJ
Gam. 4
.
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February 14, 1983
Ms. Mary C. Panther
135 North Westminster
Iowa City, Iowa 52240
Dear Ms. Panther:
At its regular meeting of January 18, 1983, the City Council
received and placed on file your letter regarding a problem with
surface water in your neighborhood. Enclosed with this letter is
a copy of a memorandum prepared by the City Engineer, and which
was sent to the City Council on February 11, concerning this matter.
If you have any questions or further comments, please contact me.
Sincerely yours,
Neal G. Berlin
City Manager
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January 13, 1983
Mayor Mary Neuhauser & City Council
410 E. Washington Street
Iowa City, Iowa 52240
Dear Mayor Neuhauser & Councilmembers:
We would like to take this opportunity to acknowledge the excellent work of the
City staff responsible for advising and carrying out their duties as they relate
to the Committee on Community Needs. Specifically, Jim Hencin, Marianne
Milkman, Pat Keller, and Doug Hillstrom have consistently provided requested
information and accurate advice on federal policy. Pam Barnes and Lyle Seydel
have worked hard on specific housing projects. The staff's careful preparation
of information needed for making decisions has been invaluable to the successful
function of the CCN.
As citizen volunteers, we appreciate the fine effort and quality performance of
the City personnel with whom we have worked.
Sincerely,
'2-�K- -
Margaret A. Bonney, Chair
Committee on Community Needs
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Mickey Lauria
Ruth Becker
cc: Neal Berlin
Janet Cook
Don Schmeiser
Martha Dodge
James Hencin
James R. Hirt
Marianne Milkman
David Leshtz
Pat Keller
Sandra Lockett
Doug Hillstrom
Gina McGee
Pam Barnes
Leonard J. VanderZee
Lyle Seydel
William F. Whitlow
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TO: CITY COUNCIL
CITY OF IOWA CITY, WIA
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The undersigned, Lorna Mathes, objects to any change in the existing
zoning of the real estate she owns and which is located at 109 South Johnson,
Iowa City, Iowa, because:
1. The property has been zoned for more than 20 years for business and
multi -residential use and any change at this time after the property has been
adapted to multi -family use would involve a "taking" of property rights.
4
2. The proposed rezoning would not be consistent with use of this specific
property.
3. The proposed rezoning would not be consistent with the use of adjacent
properties.
4. The proposed rezoning would be arbitrary and unreasonable considering
the location of the property, its topography, environment, and extended use.
5. The proposed rezoning is not consistent with the proposed zoning of
other properties within the same City block.
DATEL) this 6th day of January, 1983.
ICEDAR RAPIDS DES MOIRES i I
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JAN 61983 U
CM CLERK
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Iowa City Human Rights Commission
Iowa City Housing Commission
Iowa City Council
Dear Friends:
4 Ja.,aary 1983
Re: -Proposed changes in
Iowa City Housing Code
We would like to be placed on record as being in strong
oIoto City
changes in the Iowa City Housing Code currently being proposed Y
the Human Relations commission.
Having been tenants in Kansas City, several locations in Iowa City,
including the small apartment building of which we eventually became managers
and finally owaiers, we have learned from long experience that no amount of
legislation - no matter how well intentioned - can bring about good relations
between tenants and owners. Personal interest in providing a home (not just
housing), pride in ownership and occupancy on the part of owner and tenants
thoughtfulness of owner for tenant, tenant for owner and tenant for other
occupants can only be inspired and encouraged.
The number of persons who have benefitted from and found lasting friend-
ships through their happy experiences in housing situations in Iowa City is
legion.
It would seem to us to be an unpardonable sin to cause the kind of owner
who has found special satisfaction in providing comfortable housing for people -
lo these many years - to quit and sell out because he must be encumbered with
rules and regulations which rob him of his rights.
Time after time when asking prospective tenants to describe the kind of
property in which they would like to live — I am told, 'I— something homey,
not a large building, just a quiet place where I can study, or Miere I can rest,
a place where other tenants will be respectful of me and my rights as I wish to
be respectful of theirs, something clean which will be well maintained".
We appreciate your serious consideration of our reasons for opposition and
trust that you will enter into your deliberations realizing the seriousness of
the decisious you are d,out to make which will affect so many persons and their
future plans for pleasant, comfortable housing in the City of Iowa City.
Respectfully s#mitted u
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L4arg ret MacDon ld
KaSuieth MacDonald
R. R. #6
Iowa City, Iowa 52240
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3 January 1983
Iowa City,. Human Rights and Housing Commissions,
Iowa City City Council
For the record, and to reaffirm our position presented at the recent
Public Hearing, we oppose most strenuously the proposals that in function
would disenfranchise those of us owning and/or managing rental properties.
Ile acknowledge and support the concept that everyone, regardless of his/her
way of life, political or religious beliefs, color, or financial abilities,
deserves safe housing at an affordable price.
In order to implement this concept, however, we must be in control of
our rental policies. To be forced to rent to anyone who comes along,
with very little right of refusal, would strike a blow at the very free-
doms on which our great Nation was founded.
As Government --local, regional, or national--- usurps the prerogatives
of a Free Society to "protect the rights" of one pressure group or another,
we are all affected, all too often negatively. Best governed is least gov-
erned.
True, we rtlust have "rules of the road" to implement safety, security
and healthful conditions, but beyond that Government can become an overly
expensive and needless burden on society.
If Government, in the name of,.Pprotecting the rights" of various groups,
forces practices contrary to our personal sense of how best to manage our
properties, we are left with 3 choices: 1) put our investments elsewhere,
2) simply conform to objectionable practices, or 3) continue in open oppos-
ition to Government interference. Our present choice is opposition.
Some of us may be quite restrictive as to whom we rent to, whereas
some others will be happy to rent to our "rejects". Without interference
from Government, all should find accomodations somewhere.
Tax Base becomes involved, as happy owners and/or managers tend to main -
itain and upgrade their properties, raising the tax base. Limiting our
i freedom could well result in letting property deteriorate, resulting in
tax loss to the community.
Let's leave it as it isll
aul A. Johnson
C� Vit'
Roberta Oson
621 S. Johnson
Iowa City, Iowa 52240
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Emma Goldman Clinic for Women
Women's Health Project: 715 North Dodge, Iowa City, Iowa 52240 (319) 337-2111
December 15, 1982
Human Rights Commission
Civic Center
Iowa City, IA 52240
Dear Commission,
The Emma Goldman Clinic for Women would like to encourage the
City Council to approve the proposed changes in the Iowa City Human
Rights Ordinance.
The fact that it is in any way controversial suggests that it does
address a very real need and is not merely a perfunctory formality.
We hope that the Council will take this opportunity to fill the gap
that currently exists in this community's protection against dis-
crimination and injustice.
cc: City Council
Sincerely,
Rebecca Arbogast
Public Relations Coordinator
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Emma Goldman Clinic for Women
Women's Health Project: 715 North Dodge, Iowa City, Iowa 52240 (319) 337-2111
December 15, 1982
Human Rights Commission
Civic Center
Iowa City, IA 52240
Dear Commission,
The Emma Goldman Clinic for Women would like to encourage the
City Council to approve the proposed changes in the Iowa City Human
Rights Ordinance.
The fact that it is in any way controversial suggests that it does
address a very real need and is not merely a perfunctory formality.
We hope that the Council will take this opportunity to fill the gap
that currently exists in this community's protection against dis-
crimination and injustice.
cc: City Council
Sincerely,
Rebecca Arbogast
Public Relations Coordinator
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CIVIL -JUVENILE DIVISION OFFICE OF THE
J. Patrick White
First AssiBray ant
Daniel M.
Bray O
JohnAnne A.
Lahey
John R. Bulkley
CHILD SUPPORT DIVISION
(319) 337.8418 `\
COUNTY
P.O. Box 2450
328 South Clinton Street
Iowa City, Iowa 52244
(319) 337.96BB
REC"—tdED DEC 1 ? 1982
CRIMINAL DIVISION
Steven R. Ragenwether
qz Dorothy M. Maher
Patricia M.B. Sheppard
OLinda A. McOulra
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JACK W. DOOLEY • COUNTY ATTORNEY ��
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H ILLCREST
FAMILY
SERVICES
December 20, 1982
Iowa City Human Rights Commission
Civic Center
Iowa City, Iowa 52240
Dear Human Rights Commission Members:
I wish to take this opportunity to respond to the proposed revisions in
the City's Non -Discrimination Ordinance. I certainly support both pro-
posed major revisions in principle, however as Program Coordinator of
the Iowa City Residence for Women, I have particular interest in the
proposed revision to section 18-34 to broaden the protection in the
area of credit to include mental disability.
The major trust of the Iowa City Residence for Women is to assist adult
women recovering from psychiatric disability in their transition back
into the community from mental health institutions. For most of our
women, a part of that process involves obtaining employment and establish-
ing (or reestablishing) a residence in this community. It seems logical
that, as for any of us, another important part of participating and
meeting one's needs in the community is the ability to obtain credit.
To deny someone that option because of mental disability seems to be
punishment for something over which the individual likely has no
control, additionally thwarts their efforts at community participation
and may ultimately negatively impact the quality of their life.
I would suggest that the only considerations in the decision to extend
credit to anyone should be that individual's competency to understand
the credit transaction and an objective evaluation of their credit worth-
iness. Therefore, I urge you to enact the proposed revisions to section
18-34 of the Non -Discrimination Ordinance.
Thank you for your attention to this matter.
Sincerely,
apik�
Cyndie Jackson Franklin /0
Program Coordinator
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IOWA CITY RESIDENCE FOR WOMEN a 313 NO. DUBUQUE, ST. a IOWA CITY, IOWA 52240 e TELEPHONE 319 337-7315
ADMINISTRATIVE OFFICES • 2005 ASBURY ROAD • DUBUQUE, IOWA 52001
A ministry of the Iowa Conference of the United Methodist Church end the Synod of Lakes end Prairies, United Presbyterian Church, USA
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PROTECTION AND ADVOCACY FOR DEVELOPMENTALLY DISABLED PERSONS
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a Ih'vision of Iota Civil Rights Commission
Jeanne Poner
M,Ti rt
Jim Kelly
Citil Rights SpeciAt II
December 14, 1982
Sohn Watson
Iowa City Human Rights Commission
Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
Dear Mr. Watson:
First of all, I would like to state my support for you and other members
of the Iowa City Human Rights Commission for the work that you are undertaking
regarding the securement of legal rights for disabled persons. Specifically,
Protection and Advocacy would support the inclusion of "mental disability"
as a protected class within section 18-34 of your City Code.
My reasons for supporting this amendment are numerous. First of all, let us
examine the definition of disability as defined in your code. The current
definition is as follows:
DISABILITY means the physical or mental condition of a
person which constitutes a substantial handicap, but is
unrelated to such person's ability to engage in a particular
occupation or transaction.
This definition in itself would eliminate any difficulty in regards to
creditors giving credit to a person who is unable to honor the terms of
that transaction. By definition, if a person's mental disability was such
that they could not qualify for the credit transaction, it would not
constitute discrimination to deny them that transaction.
Now, let us examine the proposed definition of disability. The proposed
definition of disability is as follows:
DISABILITY means the physical or mental condition of a person
which constitutes a substantial handicap. A disabled individual
is any person who (i) has a physical or mental impairment which
substantially limits one or more such person's major life activities,
(11) has a record of such impairments, or (111) is regarded as having
such impairment.
This definition does not include a qualifying phrase, but rather defines
disability itself. Therefore, mental disability would, in fact, be covered
by this definition, however, there would be no disqualifying terms provided
here in regards to a credit transaction.However, this would also be true
in regards to a mentally disabled person applying for a job, seeking to
rent an apartment, etc. This should not be seen as any negative statement
toward the adoption of this amendment. Rather, it is stated such for
EIGHTH FLOOR COLONY BUILDING • 507 • IOTH STREET • DES MOINES, 1O%VA 50319
TELEPHONE NUMBER: 515.281.8085 • IOWA LULL FREE NUN113ER: 1.800.532.1465
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- 2 - December 14, 1982
purposes of clarification. After all, the purpose of this section is not to
define discrimination, but rather to define disability. Therefore, the
absence of a qualifying statement would seem appropriate. The definition
is sound and in compliance with the federal definition of disability.
It should be noted that section 18-34 Credit Transactions; exceptions.
states the conditions that must be met in order that a credit transaction
may be entered into devoid of discrimination. Those sections are as follows:
(a) It shall be unlawful for any creditor to refuse to
enter into any consumer credit transaction or to impose
finance charges or other terms or conditions more
onerous than those regularly extended by that creditor
to consumers of similar economic backgrounds because
of race, color, creed, religion, national origin, age,
sex, marital status, sexual orientation, or physical
disability.
(b) It shall be unlawful forany person authorized or
licensed to do business in this state pursuant:to
Chapter 524, 533, 534, 536, or 536A of the Code of
Iowa to refuse to loan or to extend credit or to
impose terms or conditions more onerous than those
regularly extended to persons of similar economic
backgrounds because of age, color, creed, national
origin, race, religion, marital status, sexual
orientation, sex or physical disability.
(c) It shall be unlawful for any creditor to refuse to
offer credit life or health and accident insurance
because of color, creed, national origin, race,
religion, marital status, age, physical disability,
sex or sexual orientation. Refusal by a creditor
to offer credit life or health and accident insurance
based upon the age or physical disbility of the
consumer shall not be an unfair or discriminatory
practice if such denial is based solely upon bona
fide underwriting consideration not prohibited by
Title XX.
Paragraph (a) and (b) both state that a creditor may not impose terms or
conditions more onerous than those regularly extended to persons of
similar economic backgrounds. This statement indicates that conditions
and terms credit relatedymay be imposed upon individuals without violating
the code. Therefore, tbe' inclusion of mental disabilities as a protected
class under credit would still subject persons having a mental disability to
,the same terms applicable to a non -mentally disabled person applying for
credit, such as monetary resources, ability to pay. If the individual
were unable to qualify for the credit transaction because of these terms,
it would appear to be reasonable to deny that individual the credit
transaction. If on the other hand, the applicant is not given the
opportunity to apply and the creditor makes no effort to identify whether
or not the individual possesses these necessary terms and conditions
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imposed upon others than the possibility of discrimination is very apparent.
C It can be stated that the code does not, either in its current form or in its
proposed amended form, contain the word "qualified" preceding handicapped
or disabled person. Section 504 of the Rehabilitation Act of 1973 does
on the other hand, "no otherwise qualified handicapped individual in
vthe United States ...shall, solely by reason of his handicap be excluded
from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
i assistance ...". However, it is also true that the other classes, i.e.
r; race, sex, marital status, are also absent the term,, ualiE in preceding --.........
¢; them. Therefore, is it not true than an individual who
Y g does not qualify '
for credit but does happen to be a member of another one of the protected
{ classes would not have a prima facie case in light of the fact they do
not meet other conditions or qualifications regarding the credit transaction?
Therefore, the same qualification would meet persons eligible under the
protected class disability. To anticipate any interpretation other than
r. this would seem in itself discriminatory.
In response to the memo from Robert Jansen, City Attorney; David Brown,
Assistant City Attorney; Carol Pentuic, City Attorney Intern, I would have
to state that I concur with many of their statements, however, disagree
sharply with their conclusion. In the following paragraphs, I will attempt
¢ to address specifically the statements made by the city attorney in regards
to the inclusion of mental disability as a protected class within section 18-34,
the City Code.
The above-mentioned memo states that the term "mental disability" covers i
ps a variety of disorders. I agree and therefore I cannot accept any "blanket"
rule which denies individuals a right based upon general assumptions of
a population representative of vastly different disorders, abilities,
skills, resources, etc.
h
The attorney goes on to state that, "retardation, senility, insanity,
and incompetence are all considered mental disabilities. However, bad
Judgment, susceptibility, inexperience, eccentricity, or abnormality
will not constitute disabilities.... It is unlikely that a lay person,
in the area of consumer credit, will be able to distinguish an incompetent
from an eccentric." Generally, I would accept this statement distinguishing
disability from non -disabling factors and the statement that it is unlikely
that a lay person could distinguish between the two. However, for this
very reason, I would support the inclusion of mental disability as a
protected class. That is, it would be inconsistent with the goal of section
504 and the philosophy of civil rights itself to promote creditors to
identify irrelevant characteristics of individuals in order to determine
their credit eligibility. This same fear, as expressed in the attorney's
letter, was, of course, a very common fear when section 504 was first passed.
That is that employers, educators, etc. would all have to become doctors,
if you will, in order to comply with 504. Not so, in fact, this type of
attitude is strongly discouraged. The point being that it makes no
difference what the medical diagnosis is or even if a disability, in fact,
does exist, if either of the two pieces of information are irrelevant to
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the service or the potential services being provided. For example, if an
individual applies for a job which will require them working at a desk,
answering the telephone, typing a few letters, and that individual uses
a wheelchair ,'it: is not of importance or it should not be of importance
+'. to the employer that the individual is utilizing a wheelchair for mobility,
-' but rather ,whether that individual can type, whether they have been trained
in the necessary skills for answering the telephone, etc. Any inquiry by
e the employer into the cause of the person's disability or the extent of the
persons' disability, unrelated to the use of the telephone or the typewriter]
would be most inappropriate and, in fact, discriminatory. Therefore, when
j an individual applies for credit, it should not be even considered by the
creditor that he/she must first establish the intellectual level or the
competency level from a diagnostic viewpoint. This would be as inappropriate
as them conducting a physical examination upon a physically disabled person.
Rather, if the individual is able to satisfy the terms and conditions required
by the creditor then why, except for a discriminatory intent, would the creditor
need to know anything more. I do not personally know of any credit application
which does not require some type of evidence that the individual has "made good"
j on a credit transaction previously, or in the case of an individual who does
not have credit history requires a signature of another responsible party.
Therefore, again if a mentally disabled person has been able to honor the
terms of a credit transaction previously, why should they not be given the
same opportunity at this date, absent any other factors such as their
j; financial resources changing. If on the other hand, they do not have
credit history, and the creditor requires the signature of a second
responsible party, then the risk for the creditor in regards to the mentally
odisabled person is mute as it would pass to the individual signing the
credit transaction and, again, that individual would be required to possess
i' the same qualifications required by potential credit applicants.
c
s The attorney's letter goes on to state "a creditor could deny an eccentric
the extension of credit, but he could not deny credit to an incompetent".
I would have to seriously question the validity of this statement. Again,
reflecting back to the pertinent sections in the code, if the person was
not competent in regards to honoring the credit transaction, then again, he
would not be qualified, and therefore not eligible for credit. The
attorney's letter goes on to state that the
possible similarities in
the behavior would make the distinction impossible for the lay person.
t Again, I stress the fact that this is not the goal of section 504 or other
anti -discriminatory laws but rather not to give consideration to irrelevant
factors.
E
The letter from the attorney then states "this problem is compounded since
the courts have decided that a person may be incompetent on some subjects
and quite competent with respect to others". To his statement, I can only
state that I wish, in fact, that was the rule of the courts. Unfortunately,
the opposite is more common. That is, a person is declared incompetent
and that declaration of incompetency is carried over into all aspects of
the person's life. For example, a person who has been delcared incompetent
may not vote. Whether incompetency in all cases affects one's ability to
be able to vote is an issue which deserves further study. However, at this
time, a ruling of incompetency does negate that right of the elector.
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I only wish that the attorney's enlightened attitude toward competency
was shared by all.
The attorney completes this paragraph of the memo again by stating that
he sees no way short of a court termination, for a lay person to know
if the person which whom he is dealing is suffering from a mental. disability.
Again, I ask why do you need to know?
Y! In the next paragraph of the attorney's memo, he asks questions regarding {
what factors a credit dealer would use to determine whether he was dealing
with a protected class, who would make the final determination of mental
disability, would the complainant have to be officially y p y judged incompetent
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in a state proceeding, who would pay for the proceeding, etc. I find these - ------ ----.•
questions inappropriate. Attention by the credit dealer should be focused
on whether the applicant possesses the required qualifications re:
the terms and conditions of the potential credit transaction. I find the
y attorney's questions inappropriate, unnecessary and discriminatory.
S�
Section B of the Attorney's memo discusses mental disability in the capacity
eto contact. From a factual viewpoint, I have no disagreement with him.
!� In fact, I believe that the presence of the contract lawprovides the necessary i
l protection to the creditor and credit applicant that the attorney is so
concerned about. This law would further support pp your proposed amended
code in that if a person were unable to enter a contract, then it would
I
- .r1 not be discriminatory for a contractor to deny the credit. If, in fact,
C' the credit dealer did not know that they were dealing with a mentally
retarded person and entered into a contract with the individual only
s later to find out that a person had been declared incompetent and unable
to enter into a contract, the contract would, in fact, be voidable. I see
no problem with this. I see a bigger problem if the code does not include
mental disability. That is, is his statement to be interpreted that currently
credit dealers make the decision themselves, whether the individual is
competent or not; and therefore if they feel the individual is not competent,
i; does not give them the credit whether or not they have been declared
incompetent? His statement would almost seem to say to me that we have
a group of people out there who do in fact need protection. This group
of people are those people who are competent to enter into a contract
r agreement but are currently not being allowed to because it is up to the
s. credit dealer themselves to decide, and they can use their own assumptions,
stereotypes, etc. to make that decision rather than a court decision.
I have no idea of whether guardians are being discriminated against in the
S area of consumer credit or not. And as far as this encouraging
credit transaction with people who are incompetent, again I would
have to ask, is this the goal of any section of your code? That is
to encourage transactions between credit dealers and persons representative
of a protected class who are not qualified to enter that transaction, or
is your goal to encourage and provide the opportunity for persons
representative of a protected class to enter into a credit transaction
i when they are in fact qualified. If it is the former, then perhaps
there are bigger problems with the code then the amendment of mental
disabilities to the area of credit. If it be the latter, then again
why would one assume it would be different for this group than for others?
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The last paragraph in section B of the Attorney's memo states that:
"From a policy standpoint, it is not sound to require the
extension of consumer credit to one who may be unable to
meet the contract terms, and may later void the contract.
This is especially true when such problems can be avoided
when the mentally disabled person acts through a guardian.
Does this reflect your policy? The statement sounds laden with stereo-
types.
I would have to take exception to this statement. of course there are
individuals who would not be able to meet contract terms due to a severe
mental disabilifY. However, as the attorney amply stated in the beginning
of his memo, mental disability covers a wide range of disorders. Many
individuals who have been identified as having a mental disability, usually
for educational purposes, are in fact, able to hold jobs, live independently,
and even meet contract terms. Unfortunately, these people are usually not
given the opportunity for such because of negative stereotypes. A mentally
disabled person gainfully employed, wishing to be independent, still needs
to be able to pay their rent, secure appropriate transportation, pay the
utility companies, and buy miscellaneous household goods as well as personal
belongings. How many of us have made major purchases, i.e. refrigerators,
washers and dryers, cars, without the aid of a loan? Are mentally disabled
persons so different? Are mentally disabled persons always the children
of independently wealthy persons? I think not. Therefore, credit barriers
can present an even bigger problem to mentally disabled persons, mainly
barriers for independent living. This is not to say that some confusion
may arise. Again, reflect back to your first loan. Did you understand
the terms and conditions completely? Many businesses have credit unions
through which their employers can obtain a loan and the payment held from
their paycheck. This type of arrangement could alleviate some of the fear
of credit dealers that the individual would misunderstand or forget to
make the payment. In fact, one may call this a form of reasonable
accommodation. For those individuals who would not be able to meet the
contract terms, again, I stress that the application process used by
credit dealers should identify those individuals as it identifies
non -mentally disabled individuals who are unable to meet contract terms,
thus negating these individuals right to enter into a contract agreement
for a loan. Any credit applications that do not identify these types of
problems appear to me to be the concern of credit dealers rather than the
Civil Rights Commission.
The last sentence in the above-cited attorney's memo disturbs me somewhat.
He does not want to encourage contracts between credit dealers and individuals
who are either by law or by competency unable to meet contract terms, however,
lie does not hesitate to state that these problems can be avoided when a
mentally disabled person acts through a guardian. Is this encouraging
guardianship? Again, I can neither totally support that policy, no do I
think it is appropriate to discuss regarding this mal
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To this point, we have been discussing primarily those individuals who do have
a mental disability. Another point which deserves sincere consideration is
those individuals who do not have a mental disability, yet are included in
the proposed definition of mental disability. I am speaking, of course, of
those individuals perceived as having a mental disability or with a record of
such. An individual who has received menoal health services in the past
and is no longer receiving or needing such services could be denied credit
because of their history of mental illness and the perception by the credit
dealer that the individual is still, in fact, mentally disabled.
These individuals are not mentally disabled and the fears re: protective
laws relative to the mentally disabled population are not appropriate to
these individuals. However, it would be perfectively legal for a credit
dealer to refuse, at this point, credit to these individuals because
they perceive the individual as still having a mental disability.
Additionally, a goal of modern medicine, if you will, is to encourage
individuals with emotional disabilities to seek assistance and help.
As long as our society allows these people to be branded mentally disabled,
even after their mental disability have been treated, and further condones
discrimination against these individuals, in this case in the form of the
absence of the protected class in law, many individuals will choose not
to seek mental health services to avoid this stigma.
Another group of individuals who would be affected by this amendment are
those individuals who have been misclassified in school as having a mental
disability. Statistics reflect the fact that a higher proportion of
minority youths .ire classified as mentally disabled than their majority -
race peers. Once this label has been attached to an individual they seem
to have to carry it for life. If the correction is not made during
school, a clarification as to whether the person is, in fact, mentally
retarded or culturally deprived becomes irrelevant to most of society.
Society readily accepts the label of mental retardation and the individual
faces many barriers in securing their personal rights, amongst these -credit.
The individual may obtain an entry level job only to find out that he or
she can't make it because of the stigma of the label and the inability
to obtain credit for needed purchases as discussed earlier in -this letter.
Section B of the attorney's letter discusses the Iowa state provision dealing
with unfair credit practices. His analysis bewilders me. If the credit dealer
does not realize the person has a mental disability, as the memo states,
and a credit dealer does extend credit, again apparently the individual
has met terms and conditions of the credit dealer, and the later the court is
made knowledgeable of the transaction and sets aside the agreement as
unconscionable because of the creditors knowledge of mental disability,
as stated in the middle, then that section seems to be in conflict with
the first statement which stated that the credit dealer did not know the
person had a mental disability. Is this to be construed as to say that
the credit dealer really did know the person had a mental disability and that
is why he or she entered 'into the agreement? If so, then were they entering
into the agreement in order to take advantage of the individual? I don't
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John Watson - 8 - December 14, 1982
i
think you can have it both ways. Either the credit dealer doesn't know and
therefore entered into the transaction with good intentions, or the credit
dealer did know and entered into the transaction with bad intentions.
Additionally, of course the credit dealer could have entered into the
agreement with full knowledge of the mental disability but also believing
the individual is able to follow through with the terms and conditions of
the contract, wants to follow through with the same, and, of course, desires
the loan. If this be the case, then what are we debating? Are we saying
that because the person has a mental disability they can't possibly know
what is best for them, so, somehow we should expect our credit dealers
to also be parents to these people and make decisions for them as to what
is appropriate or inappropriate to take a loan out for? Do we expect this
parenting re: other protected classes?
Perhaps there are mentally disabled individuals who are not under a form
of guardianship who should be. However, if this be the case, I can't imagine
credit dealers being the appropriate persons to make this decision. I think
the attorney's memo would support this statement in that he states initially
that credit dealers, generally speaking, do not have a vast knowledge of
mental disabilities.
There are, in fact, probably credit dealers who seek to take advantage
of mentally disabled persons. For this reason, I would interpret
the state provision dealing with unfair credit practices as supportive
of the proposed amendment, that is to say I do not see this provision
as placing credit dealers in "awkward positions!'. Rather by making it
illegal for credit dealers to discriminate against mentally disabled
persons, I believe you would in fact, be issuing a policy statement which
says that taking unfair advantage of a person because of a mental disability
would be discriminatory and would also be a violation of the state provision
dealing with unfair credit practices. I believe the two are needed and both
support each other.
In conclusion, I would support the amendment to include mental disability
as a protected basis in the area of credit. I also support the amended
definition of disability. In addition, you may want to address reasonable
accommodation and how it may be applicable to the area of credit for persons
with all types of disabilities.
Sincerely,
Jeanne Porter, Director
Protection & Advocacy Division
JP:mec
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An Iowa Non-profit Corporation
1020 William St., Iowa City,IA. 52240 BENNY E. LEONARD executive director 319-338-9212
December 15, 1982
Iowa City Human Rights Commission
John Watson, Chairman
Civic Center
410 East Washington
Iowa City, Iowa 52240
Dear Mr. Watson and Members of the Commission:
This letter addresses the feelings of myself and Systems Unlimited
regarding the proposed change in the current ordinance regarding
a mentally disabled person not protected under credit.
We have been providing residential services for mentally disabled
persons for 11 years. To this date we have had none of those
people unable to meet any credit payments.
I urge the ordinance be changed so that the area of credit, pro-
tection be extended to include mental disability.
Sincerely,
Ben . Leonard
Executive Director
BEL; ks
providing community residential programs and services for developmentally disabled children d adults
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John Watson
Executive Director
Goodwill Industries of Southeast Iowa
1410 First Avenue/ P.O. Box 1696 1200 16th Avenue S, W,
Iowa City, Iowa 52244 Cedar Rapids, Iowa 52404
Phone (319) 337.4158 Phone (319) 365.0835
December 17, 1982
Iowa City Human Rights Commission
Civic Center
410 East Washington
Iowa City, Iowa 51140
Dear Commissioners:
I am writing to support the proposed changes in the Iowa City Human
Rights Ordinance. It is our strong feeling that mental disability should
be a protected class under credit. The same criteria to establish credit
should be applied to a person with a mental disability as to any indiv=
idual. If credit'is denied to an individual, let it -be for bona fide
reasons -- not simply because the person has a mental disability.
In addition, the opportunity to establish credit and its resultant
responsibilities are an excellent rehabilitation tool. Our goal at
Goodwill is to train handicapped individuals to live independently or at
the highest level of independence possible; if the mentally disabled are
allowed to be discriminated against as a class, the goal of independence
becomes more difficult to attain.
To reiterate, we support the proposed changes which will help ensure
basic rights for all citizens.
Sincerelyt�.
Mike Townsend
Director of Rehabilitation
MT/lk
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ACCREDITED
Goodwill Industries of Southeast Iowa Is an Equal Opportunity Employer
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UNITARIAN UNIVERSALIST SOCIETY
1319) 337-3443 10 S. Gilbert at Iowa Ave. Iowa City, Iowa 52240
Human Rights Commission
City Of Iowa City
Civic Center
Iowa City, Iowa
December 14, 1982
Dear Commissioners:
As minister of the Unitarian Universalist Society, and as
President of NAACP for this past year, I wish to endorse
the proposed changes in the Iowa City Human Rights Ordinance.
Both our Church and the NAACP have strong and long human
rights traditions and I am sure you can depend on support
from the r ' anks Of;.our,. memberships•
Sincerely,
Thomas Mikelson
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HUMAN RIGHTS ORDINANCE PI—POSED REVISIONS -A STATEMEh IN SUPPORT
MICHAEL BLARE
605 E. BURLINGTON ST #2
IOWA CITY, IOWA 52240
SUBMITTED: DECEMBER 13, 1982
The three major revisions proposed for the Iowa City human rights
ordinance have been long in coming. Their proposal is owed to Iowa
i
City's continueing committment to human rights. Anyone. who has worked
for any human rights issue realizes what a gradual 1
4 procedure this sometimes is.
People within the institutional process need time to become sensitized
to the needs of minority groups within the community. It is now time _
to take the next step'in this continueing process.
As my lover works with mentally handicapped teenagers, my sensitivity
to their needs has been increased. The Commission's proposed expansion
of protection for these people will go far in ensuring their inclu-
sion as an active group in the community.
My acquaintance with several people, including my sister, who have ex-
perienced the problem of finding adequate housing because of the fact
that they are single and a parent causes me to applaud the commissioners'
Inclusion of these people as a protected group.
Since I am most directly involved with the third proposed revision, I
Will diredt the remainder of my comments to that issue with the idea
that much of what I say can and should be applied to the other areas as
well.
It is unclear why housing protection in relation to sexual preference
was not included in the original ordinance along with employment, credit,
and public accomodations. I know that a great deal of education about
and exposure to gay issues has occurred here in Iowa City since the
ordinance was first passed almost five years ago. This and the fact the
original ordinance as it pertains to sexual preference has not created
masses of gay men and lesbians "flaunting" their sexuality.,ias some feared
would happen, should convince most that this inclusion will be no more
"sensational",
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But, this should not be taken as an indication that the original ordinance
and this inclusion does not have a great impact on the people's lives
affected by the protections that are afforded in this legislation. A
result of the protection already afforded to gay people uhder the
ordinance has been to free gay men and lesbians of some of the constant'
fear that they will be harrassed and abused because of their sexual
preference. We can now be more at ease within ourselves and in our
interactions with the heterosexual community. In this way we use the
ordinance every day. The charge made by some that the ordinance is
not being utilized is misplaced. The lack of visible use of the ordi=
nance is directly attributable to the fact that any person filing a
complaint becomes vulnerable to possible discriminatoon because of
the exclusion of houssng protection. The psychological benefits
derived cannot be measured by numbers and statistics. It has been
shown in psychological studies that persons who are not pre -occupied
with overridding and energydrainingpersonal struggles are more produc-
tive and efficient contributors to the community. This, I feel, is the
case in this instance. To erase one more obstacle to our personal
well-being can only be beneficial to the health and well-being of the
entire community. Lesbians and gay men have a tremendous potential
energy to give to the community. However, they can't always contribute
fully and openly because of the obstacles placedupon them by hetero -
sexist attitudes.
If anyone still doubts the prevalent fear by gays about possible retribu-
tion, I can only say that my personal experience corroborates the exis-
tence of such apprehension. One evidence is the number of personal
inquiries I receive throughout the year for "safe Housing". It is
natural for people with similar lifestyles to want to group themselves
together for a mutual sharing of their interests. But, I submit that
one of the overrideing factors in these particular requests has more to
do with the idea of "saftey in numbers" and is coupled with the strong
desire by most gay people to live in a situation where they can lead
full, honest, and productive lives with all the enjoyment implied
in living in that situation. For example, for me to be able to live
openly with my lover and so, in a sense, share our committment and the
postive energy derived from our love with the rest of the community
can only have postive effects on the people of this city. I think, we
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all can agree that our society could;use some positive energy to address
some of the very basic problems that confront us in today's uncertain
world. I would asklhow much of a contribution a heterosexual couple,
could make towards the solution of these problems if they had to constantly
divert their energies'.to safeguard their right to have a decent place
to live, let alone a place at all?
I have pointed out some of the intrinsinc benefits to be derived from
adopting these proposed revisions. On a more concrete level, it should
be made clear that as the ordinance stands today no one, gay or straight
is safe.from the possibility of being denied housing because of his or her
supposed sexual preference. Any bigoted landlord can presumably use this
loophole as his reason for denying housing to a black person, a Jew, or
any other protected minority.
Vf
It should also be pointed out that the proposed revision would further
protect heterosexuals from discrimination on the basis of their sexual
preference. No gay landlord could deny housing to anyone who presumably
was straight. I would think that the council would adopt the proposal
on these purely logical grounds if not on a philosophical basis.
As an added thought ---Given the existing housing situation in Iowa City,
it is becoming easier every day to be more selective in whom one chooses
as a tenant. Unless protections are enacted soon, the scenario of
minority groups scrambling over each other to the detriment of all except
the landlords comes closer and closer to reality. I want to believe
that the majority of landlords in this community are interested in
proceeding in a manner that will benefit the community as well as them-
selves. Their support of these revisions will go far in ensuring that
their upright and honest reputation as a group is maintained in this city.
In conclusion ---The Iowa City Council needs to adopt these measures for
operational consistency and I to maintain its consistent efforts to
create a positive atmosphere for the citizens of the community it serves
to interact in a healthy and productive way. Iowa City is known through-
out the country for its strong committment to secureing basic human rights
for all of its citizens. Let's hope our leadership can continue to
direct other communities to similar. committment.
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SERVING CEDAR, IOWA, AND JOHNSON COUNTIES
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SOS E. College
IDWe City, Iowa 52240
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319-338-7884
c
December 13, 1982
-
Human Rights Commission
Civic Center
Iowa City, Iowa 52240
Dear Commission Members;
We are writing in support of the proposed revision of the Non -
Discrimination Ordinance to expand protection in the area of
credit to include persons having mental disability. Many people
with this problem are struggling to establish themselves within
the community and to become contributing members. For them, this
revision encourages and supports their efforts.
Thank you.
5
Sincerely,
_ �
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Kelley, Verne R.
Y. Ph. ., A.C. S. W.
Executive Director
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SERVING CEDAR, IOWA, AND JOHNSON COUNTIES
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ROBERT D. RAY
GOVERNOR
MICHAEL V. REAGEN
Commissioner
Iowa Department of Social Services
Iowa City City Council
Civic Center
Iowa City, IA 52240
Dear Council Members:
DIVISION OF COMMUNITY SERVICES
December 10, 1982
Johnson County Office
911 North Governor Street
Iowa City. Iowa 52240
I'm writing in response to your publication of proposed changes in the
Iowa City Human Rights Ordinance. It has been my experience in
working with mentally retarded individuals that many of them are
capable of handling credit and should not be discriminated against.
As you may be aware, the Johnson County Board of Supervisors and
the Department of Social Services have put considerable time and money
into planning and implementing services to enable mentally disabled ind-
ividuals to live independently in our community. Many other indivi-
duals reside in an apartment setting at Systems Unlimited. Although
they are retarded and may need help in certain areas of their lives,
these people may be entirely capable of handling credit.
I also support the proposed coverage for tenants. We at this office
have been concerned for some time that our clients are seen as undesir-
able merely because their income is from public assistance. In actual
fact, most ADC parents are responsible people who are experiencing a
transitional phase in their lives. Many work while receiving public
assistance. Most have been fully self-supporting in the past and
statistics show they are likely to be self-supporting in the future. It
is unfair to discriminate against them as a group.
I hope you will consider this proposed change favorably.
Sincerely,
Carol Thompson V
Director of Social Services
IOWA COUNCIL ON SOCIAL SERVICES
Lois Emanuel Gracle Larson Dolph Pulliam Fornice Robbins
(Marlon) (Ames) (Dos Molnos) (Waverly)
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Madalene Townsend
(Davenport)
01
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Human Rights Commission
Civic Center
Iowa City, Iowa
4
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December 16, 1962 I
After reading and hearing about the DLcember 13 meeting of the human rights commission I think
you should have some outside opinions.
I n my thirty years of renting apartments and houses I have never discriminated against color, mental
hamosexualsllcould not tell unless they volenteeredl, welfare, low housing, sex, etc. I don't think
there are many other landlords who discriminate, and do not feel there is a need for a code to control
something that needs•nocontrol.
I do think it would be a big mistake to force landlords to take family's with childred. I would not like
to move into an apartment, after raising my own, who have childred. Furthermore I think it is harmful'
for children to living in an apartment that is student, retired, elderly etc oriented. I do, and have .
had, units that i rentto people with children. I think the landlord is far better to judge who he thinks
are compatable to his rental unitsthan an ordinance to prevent him from having any control.
Ninety percent of runing a successful apartment complex is th campatability of the people in them.
Students are better with students, as graduates are better with graduates, and older people with older
people, and familys with familys. Mix these up and you have always got problems. Believe me, I have
tried...... it does not work.
I think the anti-discrimating protestors are a very small minority.
If such an ordinence should be passed you will find a large lack of investors wanting to purchace
Iowa City property. You will also find potental renters going to oulaying communities.
Thank you very much,
Sincerely,
C.F.Kent
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WILLIAM L. MEARDON
WILLIAM F. SUEPPEL
ROBERT N. DOWNER
JAMES P. MAYES
JAMES D. McCARRAGHER
THOMAS J. CILEK
MARK T. HAMER
THOMAS D. HOBART
MARGARET T. LAINSON
ANGELA M. RYAN
DOUGLAS D. RUPPERT
i
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
122 SOUTH LINN STREET TELEPHONE
IOWA CITY, IOWA 52240 338-9222 j
AREA CODE 319
December 17, 1982
Iowa City Human Rights Commission
Civic Center, 410 E. Washington
Iowa City, Iowa 52240
Dear Chairman and Board Members:
This letter is written to set forth the position of the Greater Iowa City Area
Apartment Association concerning the proposed changes to the Iowa City Human
Rights Ordinance No. 77-2830, as the proposed substantive changes relate to
the area of housing in Iowa City.
Section 18 - 32 of the Code of Ordinances of the City of Iowa City provides a
basic framework of protection in the area of housing to several protected
classes, including race, color, creed, religion, national origin, age, sex and
disability. This ordinance has been in effect since 1979. It was adopted
unanimously by the City Council.
Compliance with this ordinance has been good. Phyllis Williams, the Iowa City
Civil Rights Specialist, recently told the members of the Apartment Associa-
tion that few complaints have been filed under the ordinance, and fewer have
resulted in findings of probable cause or court action.
The Apartment Association submits that the major reason for compliance is the
fact that the ordinance is fair and makes sense in the context of housing in
Iowa City. With the possible exceptions of age, sex and disability, there can
be no rational or legitimate reason for any landlord to discriminate against
the currently protected classes in housing practices. In the case of age, sex
and disability, there may be legitimate and rational reasons to differentiate
among prospective tenants. Elderly housing, fraternities, sororities, rooming
houses with shared bathrooms on the same floor, and required physicial modifi-
cations to existing units to meet the needs of the physically disabled are all
cases in point. In general, the Iowa City Human Rights Ordinance has provided
reasonable exceptions to deal with these situations. Thus, compliance is good
because the Ordinance makes sense in the context of housing.
The Apartment Association believes the present ordinance which provides
protection to certain classes in the area of housing is workable and reason-
able, but the proposed changes to this ordinance in the area of housing
present significant problems.
MICROFILMED By
JOR M --MIC RdMOINESLA B'- 1
CEDAR RAPIDS DES
1
December 17, 1982
Page 2
To the extent that the proposed changes provide further regulatory restriction
upon rental property in Iowa City, the real problem of insufficient housing is
further complicated. Speaker after speaker came before your commission at the
hearing on Monday evening telling you that parents with children, low income
tenants and gays were facing a very tight housing market in Iowa City. These
speakers asserted that the problem for them was discrimination by landlords
which was reinforced by a tight housing market. Their emphasis was on the
discrimination aspect. The clear implication was that the problem is purely
political.
The Apartment Association strongly disagrees. The real problem is insuffi-
cient housing to meet tenant needs and provide them with effective choices.
This problem does not exist in the Cedar Rapids market, for instance, because
it has an overabundance of housing relative to the number of available ten-
ants. Landlords in that city welcome any tenant who is able to pay rent, or
appears able to pay rent, which means that there is an adequate stock of
housing for families with children, gays or welfare recipients. It therefore
is the position of the Apartment Association that most of the housing issues
addressed by the proposed changes in the ordinance can be solved only through
enlarging the local stock of housing. What is needed from the City of Iowa
City is a set of policies and practices that would encourage the addition of
housing units, not deter it.
In the past, landlords have experienced such actions by the city as the
stringent enforcement of a rigorous housing code, changes in density regula-
tions, down zoning, and a construction moratorium. When these are viewed
alone without regard to their overall impact, they may appear appropriate, but
they do inhibit the growth of Iowa City's housing stocks and so could the
additional regulations proposed by your commission. Over -regulation will
drive investors out of our city limits.
It is with this overview in mind that the Apartment Association submits that
the proposed substantive changes to the Human Rights ordinance would be
counterproductive. In addition, in extending protection to the classes of
marital status, sexual orientation and source of income, it is the feeling of
the Apartment Association that the very workable and reasonable ordinance that
we now have will be made unworkable and unreasonable.
The difficulties can be demonstrated with regard to each of the classes
individually. In doing so, the Apartment Association is not suggesting that
members of these classes should be denied the enjoyment of quality housing.
Rather, it is our position that a persuasive case has not been presented to
justify these classes being given priority in a tight market over others and
that these classes should not be given the power to dictate to property owners
and other tenants how certain types of property should be used.
{1 IIi
i MICROFIL14ED BY -!
11"JORM-MICR#1:AB_- 1
CEDAR RAPIDS • DES MOI ES '
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December 17, 1962
Page 3
The Apartment Association's position is most easily demonstrated with regard
to marital status. Marital status under the definition of the term in the
proposed changes includes dependents. Dependents in this definition is simply
another word for children. The proposed changes are designed to protect
families or single parents with children from the "discrimination" of "no
children" rules. The issue is really over children and it should be addressed
directly, not through a confusing euphemism.
The nature of a dwelling project (whether a housing complex or a converted
older home) changes with the presence of children. This is not a point of
dispute but a matter of fact. Noise levels, need for open space, conflicts of
life sytle and other issues all speak to the difference between housing units
with or those without children. Tenants such as senior citizens and career
oriented persons who may wish to select housing free of the presence of
children are being subordinated to the class of tenants with children. The
rights of families or single parents with children will suddenly, as a matter
of law, supercede any protections which current law or economic forces have
afforded to groups without children. Some people (whether elderly, students,
professionals, singles, etc.) choose not to live with children or near child-
ren, just as some people choose not to live with or near pets.
Additionally, there are legitimate reasons for landlords to choose not to rent
to parents with children. Some units are located near busy streets. Attrac-
tive hazards such as rivers, ponds and pools may be present. Some units are
constructed in such a manner as to make the presence of children difficult.
Some individuals rent a portion of their home and do not wish to have children
sharing their home. Children are harder on rental units generally, than
adults. Children are noisier than adults (perhaps with the exception of some
young adults), generally. Units with children require, for the most part,
more maintenance to keep them safe from accidents. Balconies on two story
buildings with sliding glass doors certainly afford an enticing and extremely
dangerous condition for young children. Differences in life styles among
tenants can often cause tenant -to -tenant disputes in which a landlord is
called upon to be an arbiter. It is the position of the Apartment Association
that there exist legitimate reasons to exclude parents with children, just as
landlords have legitimate reasons to limit pets, heavy appliances and water-
beds, automobile repairs on their property, the presence of illegal activi-
ties, and tenants who do not pay rent.
To legislate that landlords cannot limit families or parents with children
will, in the opinion of the Apartment Association, create friction among
tenants with competing lifestyles and could create further hardship for those
tenants with children. Landlords will seek to deal with impractical and
uneconomic uses of their property. As in the past, and in general, the means
of dealing with such problems will be in the form of higher rents, or on a
per -person basis. This would not solve the problem. The real problem with
141CROFILMED BY !I
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CEDAR RAPIDS DES MOINES j}
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December 17, 1982
Page 4
marital status is not whether landlords refuse to rent to singles, married, or
unmarried couples sharing an apartment. The real problem is children. The
solution is not to force children on landlords who do not want them, but to
create a housing environment in Iowa City that will expand the housing stock,
especially in the area of family housing, which in turn will make parents with
children a more valuable economic force.
The problem with sexual orientation is somewhat different. The Apartment
Association challenges the assertion that discrimination exists against gays
in the rental of housing in Iowa City. The testimony of Iva Hilleman, a
member of this Association and a long time property manager in Iowa City
typifies the opinion of the Apartment Association on this issue. To the best
of the knowledge of the Apartment Association there is no application form in
use in Iowa City that requests a tenant to identify their sexual orientation.
The problems, in the context of housing tend not to come at the outset, but
when a tenant's life style conflicts with that of other tenants. The primary
testimony at your hearing was that members of the gay community "feared" that
their lease would be terminated, or that their lease would not be renewed.
Several speakers testified that they had been evicted "overnight" because they
were gay. The Apartment Association questions these statements. If a tenant
has a written lease, the landlord is equally bound by its terms. Chapter 562
A of the Code of Iowa provides further protection. If there is no written
lease, but the term is greater than 30 days, Chapter 562 A also applies. If
no term exists, the tenancy is at will and the landlord must give the tenant,
gay or straight, 30 days notice. The protections afforded by law as now
written should be sufficient to ally "fears" voiced by gays. If the present
laws are not enough, will further regulation be enough? The real problem, for
gays as well as other tenant groups is the shortage of housing.
The final proposed protected class in housing deals with source of income.
The Apartment Association suggests that two major problems exist in this area.
The first is that the term "source of income" is an undefined term in the
context of the amendments to the ordinance. In testimony before you last
Monday evening, certain sources of income were identified which should not be
protected, including illegal income and foreign support. The Apartment
Association does not believe that it was the intent of your Commission to
suggest that property owners should not discriminate on the basis of illegal
activities, illegal income or unpredictable income. The problem that is being
addressed is welfare recipients and certain other low income groups. If this
is the problem, it should be addressed directly. To do so requires that the
particular types of income which will be protected be identified (or charac-
terized) and a rational basis be determined for protection of these sources of
income.
Until such a delineation of sources of income is made, the Apartment Associa-
tion cannot take a firm stance. In general however, the Apartment Association
suggests that you consider certain issues. Should property owners be com-
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CEDAR RAPIDS DES MOIRES
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December 17, 1982
Page 5
pelled to rent to otherwise unqualified non-credit worthy or otherwise un-
suitable tenants solely on the basis that the tenant is the recipient of
certain support payments? Shouldn't it be taken into consideration that some
tenants are unacceptable regardless of the source of income? Should landlords
be compelled to enter into contractual relations for the payment of rentals
when these contractual arrangements lower their rental income, or the desir-
ability of their units? Source of income as a classification must be serious-
ly reconsidered.
In summary. the Greater Iowa City Area Apartment Association submits that the
proposed changes to the Iowa City Human Rights Ordinance should not be adopted.
Consideration should be given to the fact that the ever increasing regulatory
restraints upon the housing industry in Iowa City --an already highly regulated
industry --are a major impediment to increasing the housing stock in Iowa City.
The Apartment Association believes that the major problems confronting tenants
in Iowa City are related directly to the shortage of housing in Iowa City.
Respectfully submitted,
7ak Ham
Attorney for the
Greater Iowa City Area Apartment Association
cc: Iowa City Housing Commission
i
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E. Norman Bailey
919 Talwm Ct.
Iowa City, Iowa 52240
31B7m8 MX
354—OLP 78
b December 15, 1982
Human Rights Commission
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Dear Members of the Human Rights Commission:
This letter is in response to your invitation for written comments as
expressed at the meeting December 13, After hearing the commentary
presented at that meeting, I am prompted to make the following points.
1. It would appear that the proposed ordinance which deals with sources
of income is really directed at preventing discrimination against
individuals receiving rent subsidy payments. If this is indeed the
intent of the proposal, I would suggest you identify it as such. By
making the provision so sweeping, it appears likely to protect areas
not intended. For example, sources of rent money that are highly
uncertain or risky might be a factor that should be considered by
owners in renting their units, The proposed law does not make this
distinction.
The second point I would like to make covering sources of income is
that I heard no documentation that those on rent subsidies are, in
fact, deserving of protection by your ordinance. Before such a pro-
vision is added, it seems to me that a persuasive case for its need
should be presented.
2. The other area I would like to comment on is that of the presence or
absence of children. I believe that this provision should be consid-
ered as its own provision separate from marital status, since children,
Der se, are not necessarily related to the present or past marital
status of their parents. To package it with marital status could lead
one to suspect that it is being wrapped in the virtue of an unrelated
Issue to enhance its prospects for passage.
More importantly, I think it needs to be made very clear that while your
proposal to make children a protected class with respect to housing may
may benefit those whose family units include children, it can and, in some
instances, will impose costs upon others. For example, this means that
one will not be able to have adult -only rental projects, something that
has had appeal to empty -nesters. Furthermore, as an apartment owner
who does rent to families (one or two parent) with children, let me say
that there are conflicts of lifestyle between different subsets of tenants
J MICROFILMED BY
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Human Rights page 2
and to deny property owners the opportunity to create harmonious living
environment for their tenants by establishing a no children policy will
create inter -tenant frictions, I am confident in this because, in fact,
we have experienced complaints and problems because of the conflict in
lifestyles when young singles are interspersed in housing units with
young families. It is basically a situation of inharmonious lifestyles
of the tenants which can be avoided if one is permitted to employ a
no -children rule,
Sincere ,
E. Norman
7
ENB/vam
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December 17, 1982
Iowa City Human Rights Commission
Civic Center, 410 E. Washington
Iowa City, Iowa 52240
Re: Amendments to Ordinance No. 77-2830
Dr. Steven K. Hedlund
1490 Grand Avenue
Iowa City, Iowa 52240
Dear Chairman and Board Members:
I am an investor in real estate in Iowa City. I do not wish to becone
involved in any controversial investments and am concerned about the direction
the City of Iowa City is going in housing. Listening to your Hearings Monday
evening, it appeared to me that landlords may soon be required to open their
doors to anyone, whether the person will be a good or bad tenant, pay or not
pay their rent, respect or destroy the property, etc. I wonder if your Com-
mission has considered how much easier and less frustrating it is for investors
to consider Coralville. If you are trying to improve housing in Iowa City, why
don't you do something about improving the climate for investment?
I applaud the efforts of those groups (not the City) who have attempted
to improv_ landlord/tenant relations. The Iowa City Apartment Association
(of which I am not personally a member) has done a great deal to promote
cooperation, not confrontation. I am aware that the Apartment Association
worked closely with the Prolective Association of Tenants to modify the City
Housing Code and the State Housing Code. I understand the two groups are
working toward an acceptable lease format. These are positive efforts.
Your proposed Amendments will go a long way to hindering progress between
landlords and tenants by putting another layer of bureaucratic restriction
on landlords. I urge rejection of these Amendments.
Respectfully submitted,
Steven K. Iiedlund
MICROFILMED BY
-" JCIRIN-MICR#LA6'- 1
CEDAR RAPIDS • DES MOIRES f�
_1
Penial s by Suell e, Snc.
APARTMENT MANAGEMENT SERVICE
APARTMENT RENTALS
IVA M. HILLEMAN -
TELEPHONE 337-7392 P. O. BOX 576
IOWA CITY. IOWA 52240
December 17, 1982
Iowa City Human Rights Commission
410 E. Washington
Iowa City, Iowa 52240
To the Chairman, Board and Phyllis Williams, Civil Rights
Specialist
I called a number of tenants in units not taking children
that I manage and asked this question:
"How would you feel if I opened this building to families
and single parents with children?
I posed this question to some of the young professionals, and
to persons over fifty years of age and I got a response
similar to the attached letter from Mr. Kjear. He has given
me permission to share his letter.
I am using this letter to again state my position that to
designate one group of citizens a protected class,.you are
taking away very cherished rights of others. I have more
letters coming in on this, and some will be writing directly
to you.
I am asking that you listen to the public opinion as you are
1 making your decisions on the proposed changes in our present
Human Rights Ordinance. It is a very serious thing to assign
preferential rights to certain groups of people, and thus take
away rights from another group.
I do not feel that you have established a clear and desperate
need for the actions you are contemplating. I support the
Human Rights Ordinance as it stands, but do not believe any
of the protected classes you are now proposing have shown
the need of the protected classes that we now have in the
field of housing.
sincerely,
,n/J
Iva Hilleman
i
CC: Housing Commission
141CROFIL14ED BY
I—JOF;IM --MICR46L 43- �-
I CEDAR RAPIDS DES MOMES
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Iowa City, Iowa
December 159 1982
Iowa City Housing Commission
Civic Center
Iowa City, Iowa
It is necessary for me to object to the addition
of more protected classes to the Human Rights ordinance.
I an not aware that there has been demonstrated a need
for the addition of the classes proposed; nor of any others.
The ordinance should not be amended simply because
of the loudest outcry: As a board recommending policy,
it is necessary for you to take into account the various
factors and considerations which will affect all of the
interests involved. If additional protected classes
are included in the ordinance, it should be obvious that
other classes are being discriminated against. When there
are conflicting or competing interests, it is necessary
that a balancing of those interests be made after thoughtful
consideration. Further, where do you stop with the
designation of protected classes? Should not all left-
handed persons', red -heads; those without hair (the list
is limited only by one's imagination) also be protected?
There just does not seem to be a need for more
legislation in this area.
Very truly yours,
DDObert Osmundson
DEC 16 1982
ABBIE STOLFUS
rITY CLERIC
MICROFILMED BY
JORM'F1IC R#LAB
RAPIDS CEDAR RADES MOIRES
7�
MARITAL -STATUS
I am particularly concerned about the part of this provis-
ion that removes from the landlord the rt>* -,ht to rent only to
persons without children. It may be true that some rights are
being taken from r-rsons with children. Hovrever, landlords
and other renters also have rights. If I were a landlord I
would probably prefer to rent to persons without children
simply because children are destructive, and to many other
renters bothersome. If I -were a renter I would definitely
search for a landlord thrat specified "no children". Thdse
p references I consider rights. They affect the quality of
my life.
The immediate question then is: Why should my ri,rhts pre-
vail over those of persons with children'? In the first place,
other options do e:tlst for neople with children - some land-
lords do rent to persons with children. In a real sense, an
ordinance with this provision would olloa this portion of the
population to have it both :nays, removing all rights of the
landlord and other renters concerning this issue. There is
also the issue of property rights: to what extent does govern-
ment have the right to mqndate hour a properti owner uses his
property. The government rightly becomes concerned if cro-
perty is used in such a way that it 1.s deemed to be damaging,
to society - the whole society; not a. certain cart of 1t, e.g.,
prostitution. But if government denies ri?hts for one group
and gives them to another, as it appears this ordinance is
doing, then perhaps government is over stepping Its constitu-
tional authority.
SEXUAL ORIENTATION
This provision can be treated much the same as the above,
however, in other wnvs it. differs materiallyt it is a much
more emotional issue, and there ara many fnetors pertai.nirg
to this .tissue that are 111 defined - even the definition of a.
i
homosexual is somewhat in dispute.
Public opinion polls may indlcgte that a small mnlority of
the, goneral population may feel this group (assuming consent-
ing adults) has the right to express its sealinlity as it sees
�o
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MICROFILMED BY
JO RIVI"�-MIC R4C7f B--
LCEDAR RAPIDS • DES MOTIVES
13 December
1982
217 Linden
Court
Iowa City,
Iowa 52240
P
To Members
of the Io:va City Council.
i
This letter
is concerned with the following
two human rights
Issues that
are presently being discussed; 1)
marital sta-
tus, and 2)
sexual orientation.
It is my
firm opinion that neither of these
two provis-
ions should
be included in the discrimination
ordlnanoe. I
MARITAL -STATUS
I am particularly concerned about the part of this provis-
ion that removes from the landlord the rt>* -,ht to rent only to
persons without children. It may be true that some rights are
being taken from r-rsons with children. Hovrever, landlords
and other renters also have rights. If I were a landlord I
would probably prefer to rent to persons without children
simply because children are destructive, and to many other
renters bothersome. If I -were a renter I would definitely
search for a landlord thrat specified "no children". Thdse
p references I consider rights. They affect the quality of
my life.
The immediate question then is: Why should my ri,rhts pre-
vail over those of persons with children'? In the first place,
other options do e:tlst for neople with children - some land-
lords do rent to persons with children. In a real sense, an
ordinance with this provision would olloa this portion of the
population to have it both :nays, removing all rights of the
landlord and other renters concerning this issue. There is
also the issue of property rights: to what extent does govern-
ment have the right to mqndate hour a properti owner uses his
property. The government rightly becomes concerned if cro-
perty is used in such a way that it 1.s deemed to be damaging,
to society - the whole society; not a. certain cart of 1t, e.g.,
prostitution. But if government denies ri?hts for one group
and gives them to another, as it appears this ordinance is
doing, then perhaps government is over stepping Its constitu-
tional authority.
SEXUAL ORIENTATION
This provision can be treated much the same as the above,
however, in other wnvs it. differs materiallyt it is a much
more emotional issue, and there ara many fnetors pertai.nirg
to this .tissue that are 111 defined - even the definition of a.
i
homosexual is somewhat in dispute.
Public opinion polls may indlcgte that a small mnlority of
the, goneral population may feel this group (assuming consent-
ing adults) has the right to express its sealinlity as it sees
�o
17/
MICROFILMED BY
JO RIVI"�-MIC R4C7f B--
LCEDAR RAPIDS • DES MOTIVES
2 _
fit, however, it is quite certain the general public has Riven
little thought to the implications of granting this group their
"rights".
1) When the average person considers the sexual practices
of this ¢roup I am quite certain they will find them repulsive
and offensive.
2) The issue regarding the cause of homosexuality is still
in debate, we do not know if it is an illness to be treated,
or a practice to be reluctantly tolerated. We do not know if
It can be prevented. Even so the general public is under
pressure to regard this practice as a legitimate and viable
alternative life style.
3) Psychologically, we do not know how the individual's
personality is affected by the practice. More research is
necessary to determine if incidence of emotional problems is
greater among members of this group. Perhaps emotional pro-
blems are the causitive factors leading to homosexuality. It
Is not established that emotional problems are caused by soci-
etal -attitudes toward this group's sexual practices.
4) Sociologically, within this group there appears to be
an inordinant emphasis on sexual activity, much more promis-
cuity leading to a wide variety of social problems.
5) Healthlrise, it Ss well established that venereal di-
seases are praotically rampant among members of this croup.
More recently, a new ailment, Aquired Immuno -Deficiency Syn-
drome, has appeared seen only in homosexuals (80:E) and the re-
mainder in heavy users of drugs. This ailment is alarming
since the cause is unknown, no treatment is available., it
can be fatal, and there are indications it may be spreading
to heterosexual persons.
I do feel that in the past decade or two, society has been
subjected to what might be referred to as a sort of syndrome:
providing minority groups with their "rights" to the total dis-
regard for a majority whose rights at the same time are being
eroded. We need to guard against sweeping the issue of sexual
orientation under the umbrella of, "minority rights" anOrantinu
this group rights (by legislation)•,lust because they constitute
a minority, without due considcrati.on of consequences.
Additionally, ,gr4/5ng the "rights" as provided in the ordi-
nance under consideration, will lend encouragement to this group,
the practices of which are questionable. This in turn will
lead to further pressure on Iowa City from them. For example,
In San Francisco this group has obtained a provision from the
City that allows male companions of male City employees to be
included in a "family"insurace plan paid for by the tax. payers.
I would be adamantly opposed to such an unreasonable provision.
There appears to be ample justification to, at,the least,
postpone the passing of a law that takes rights away from a
goodly portion of the population and gives them to a small min-
ority. I thinX' vote to include sexual orientation in the dis-
crimination orflinance would be clearly premature. As an Iona City
citizen for over 30 years I urge you to vote against these two
provisions.
Respectfully submitted, Kenneth E. Larsen
�/.,�.t.U.•(i(/L-r"� tI ' Cil `r�i
MICROFILMED BY
-JORM MICRbLAB'---�---j
CEDAR RAPIDS • DES MOINES
B
-J
to
John W. Hayek
110 East Washington
Iowa City, Iowa 52240
December 14, 1982
Iowa
Iowa
City
City
Human
Civic
Rights Commission
Iowa
City,
Iowa
Center
52240
Re: Revisions to Non -Discrimination Ordinance
Members of the Commission:
I am writing to you on my own behalf to comment on the
Proposed changes to the Iowa City Human Relations Ordinance.
I have not had an opportunity to review the ordinance itself
but as I understand the notice of public hearing, the pro-
posed amendments will make it illegal to discriminate in the
area of housing on the basis of marital status , dependents,
discriminate on the basis of mental disabil
sexual orientation, and source o£ income. it will further
make it illegal in the area of the extension of credit to
ity.
If the proposed amendments are as I have outlined them
above, I would like to express my strong disagreement with
them. Not all discrimination is bad even though the term
now has a very negative connotation in most person's minds.
We all discriminate in making choices between alternatives
daily. Discrimination is bad only to the extent that
choices are based upon irrational or irrelevant factors to
the damage of some protected value in our society.
I can think of a number of situations in which a lender,
for example, would not want to make a loan to an individual
who suffered from a mental disability. The mental dis-
ability could very well in the judgment of the lender render
the potential borrower unable or less likely to repay the
loan. In a situation of this sort, discrimination based
upon mental disability would not be bad. Indeed, the cost
Of credit to consumers generally is reduced by keeping non -
collectible loans at a minimum. Thus, appropriate discrimination
in the area of the extension of credit could well be argued
to be generally beneficial.
In the area of housing a landlord could very well
choose to discriminate among potential tenants based upon
PFCEIVED qFC 1 , 1982
MICROFILMED RY
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Iowa City Human Rights Comm.
Page Two December 19, 1982
r
marital status, number of dependents, sexual orientation,
and source of income. A landlord might want to rent only to
married couples, for example, and not to students in order
to provide a quiet and sedate atmosphere in the apartment
house or other housing facility. A landlord very well might
not want to rent to persons with children if, for example, f.
i' the landlord was attempting to maintain a housing situation
that would appeal to, for example, elderly persons. Further, \
in the area of sexual orientation a landlord might choose
not to rent to persons with sexual orientations at variance
with the orientation of the majority of residents in the
landlord's facility, if the lifestyle of the prospective
tenants would be discordant with the lifestyle of the other
{ persons in the facility.
� 1
[ Again, in the area of housing, it seems to me entirely
[ appropriate for a landlord to want to know the source of '
income of a prospective tenant and make choices then based
upon the source of income of a tenant. Obviously, a landlord
does not want to rent an apartment to someone who is not
p going to have the financial ability to make the rental
payments. This is particularly the case given the considerable
expense and difficulty involved in evicting a tenant who 1
does not pay rent.
c
I want to make clear that my objections to the proposed
amendments are not based on any wish to condone discrimination
based upon marital status, dependents, sexual orientation,
( source of income or mental disability where such discrimination
j does not bear a reasonable relationship to some legitimate {
business need or needs of a lender, landlord or other provider
of credit or housing. However, a blanket prohibition of
discrimination based upon any of the above fails, in my
opinion, to take into account legitimate interests that should
be considered. At minimum, any amendment to the Human Rights
Ordinance ought to provide a mechanism by which appropriate
discrimination could be distinguished from inappropriate
discrimination. I would also suggest that in connection with
any such procedure the burden of proof ought to be placed
upon the person or persons seeking to envoke governmental
intervention between landlord and tenant or lender and borrower.
i
As a final comment, I would also like to suggest to the
Commission that the very substantial expansion of the
coverage of the Human Rights Ordinance now under consid-
eration will have the effect of greatly expanding the
involvement of the city government of Iowa City in landlord/tenant
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Iowa City Human Rights Comm.
Page Three December 14, 1982
as well as credit relationships. This increased intervention
in these areas by the City of Iowa City will, I think,
result in considerably greater cost and expense to the
public as well as to the parties involved.
For the reasons given above, I strongly urge the Com-
mission and the Iowa City Council to vote against the pro-
posed changes.
Very truly yourL
oh W. Hayek
JWH:pl
cc: Iowa City City Council
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Iona City, Ionia 52240
December 13, 1982
Iowa City Human Rights Commission
Civic Center
Iowa City, Iowa 52240
Ladies and Gentlemen:
It is commendable that governing bodies such as the Iocla City Council establish
groups such as yours to participate in developing conditions where the rights of
individuals and groups are protected from unwarranted abuses from other individuals
and groups. Without commissions such as this one, some individuals and groups would
have a difficult time receiving proper treatment in a complex society. In a demo-
cratic society, the proposals of an established governmental commission must stand
the scrutiny of a broad-based representation of the citizens. The purpose of the
public hearing is to give an opportunity for the citizens of our community to react
to the proposals of the Iowa City Human Rights Commission which would fundamentaly
restrict the rights of some of our citizens.
Sometimes it is difficult to know what individuals or groups might be infringing
on the rights of other individuals and groups, or when rights of individuals are in
conflict, whose rights need the most protection. It is highly possible that some of 3
the proposed changes in the Iowa City human Rights Ordinance may solve the supposed ^��'"$"j`�;S
o� rights of some by creating a situation where the more prominent rights of others are
infringed upon. Reference is specifically made to the proposed change in the defi-
nition of MARTIAL STATUS in Article I, Section 18-1 Definitions (p. 1-3) to include
the presence or absence of dependents. This change would, it appears, prevent people
from securing reasonably priced rental housing with the assurance that the complex
would be restricted to adults only. There are people who love and adore their grand-
children and other children but wish to live in an environment free from children,
playgrounds, and the accompanying associated inconveniences to them. Since most
rental housing is open to adults with children, by changing the ordinance to eliminate
the supposed infringement of the rights of one group, we clearly and restrictivley
infringe upon the rights of others. By solving one problem, a larger problem is
created, one which is clearly a more restrictive limitation upon the rights of others.
I strongly urge, therefore, that the clause "includes the presence or absence of
dependentdlbe removed as a part of the definition of MARITAL STATUS from the proposed
changes in the ordinance.
Another of the proposed changes would restrict the right not to rent to persons
based on their source of income. Three very sound reasons come to mind when
analyzing this proposed change. First, some peonle cane to this country and
community to acquire an education. Occassinnaly their sources of income may come
from what some people might percieve as a very unstable government or from parents,
relatives or others from a country with a very unstable government where these funds
may be cut off without notice, leaving the renter with no immediate source of
income. The decision in regard to renting to people under these circumstances should
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i Iowa City Human Rights Commission December 13, 1982 Page 2
rest with the owner of the property rather than with a governmental group uhless
IS that group would guarantee the financial abligations of the people from that
country to the ommers. ]Many owners rent to these people now and are trilling to I•
accept the risk involved, but they should not be forced to accept that risk.
The second concern is that there may be substantial evidence that the funds
of a potential renter are from an illegal source. There may not be sufficient
evidence for conviction of a crime, but never -the -less the evidence might be
{ significant. People should not be forced to rent to individuals under these i
circumstances. To do so could very easily cause anxiety and strain on other t-
tenants.
Third, an owner may not want to participate in some governmentally subsidized
programs for whatever the political or philosophical reasons. To force a person
to do so is a significant infringement upon that persons rights. i
t �
Therefore, I respectfully ask that the reference to sources of income as it
refers to housing be removed from the language of the proposed changes in the
�+ Iowa City Human Rights Ordinance.
R
We all understand that it is difficult for a group of people to see all of
the implications of a proposed change in an ordinance. I appreciate the opportunity
(I to be able to study the proposed changes and to comment` on- them prior to a
decision being made on their appropriateness. In this way the Human Rights
Commission and members of the City Council can have the benefit of the thinking
of all individuals who Irish to be heard. Thank you for this opportunity and for
the work your commission is doing on behalf of all of the people living in and
Y concerned about our community.
4
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Sincerely yours,
t' Edwin K. Barker
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December 16, 1982
Ivette Rentals Corp.
411 S. Summit
Iowa City, IA 52240
Dear Iva:
Per your request I wish to express my feelings as to the proposed
new housing regulations.
Having raised four daughters and now a grandfather of two, I am certainly
not anti -children. However, I do feel that my wife and I have earned the
privilege to peace and quiet in our home. One of the primary reasons for
making our home at Andover Garden Apartments was due to the fact that children
are not permitted. It would seem that expanding housing rights of those with
children will infringe upon my right to a life-style I have sought and found.
A great many apartment complexes are available to families with children
and are so designed. It seems only reasonable that there be apartment,
complexes that do not permit children, this way the whole society has a choice
cerPl y
Ted N. Kjaer
287 Haywood Drive
Iowa City, IA 52240
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r"61ty of Iowa City"
MEMORANDUM
ILI It.0
Date: January 11, 1983
To: The Honorable Mayor and City Councj.'-)
From: James Brachtel, Traffic Engineer
Re: Loading Zone for Preucil School of music
As directed by Section 23-16 of the Municipal Code, this is to advise
of the following action:
you
ACTION:
Pursuant to Section 23-287 of the Municipal Code of Iowa City, the City
Traffic Engineer will direct the installation
h,
of a loading zone in the
block of North Johnson in front of the Preucil
500
School Of Music.
proposed' loading zone will -be two car lengths long and will bracket
Preucil School Of Music's
The
the
entry walkway. This action will take place
or shortly after 26 January 1983.
on
COMMENT:
This action is being taken to provide access to the Preucil School
Music from curb.
of
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JAN 111983
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MY CLERK
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STAFF REPORT
To: Planning & Zoning Comfission Prepared by: Andrea Hauer
Item: V-8204. 400 Block S. Gilbert St. Date: January•6, 1983
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Applicable regulations:
SPECIAL INFORMATION
Public utilities:
Transportation:
ANALYSIS
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Vacation of a portion of an alley
platted in Lyman Cook's Subdivision of
Outlot 25, Original Town
To combine the vacated portion of the
alley with Lots 3 and 4 of that same
block for disposition. '•
East of S. Gilbert Street, south of
Burlington Street, north and west of
Ralston Creek
Approximately 1500 square feet (20 feet
right-of-way width by 75 feet length).
Chapter 364 (1981 Code of Iowa)
One sanitary sewer line (a 42 inch
brick oval line) runs 42 feet in a
north -south direction on the eastern
edge of the alley, then turns west and
continues into Lot 4. A manhole is
located at the corner turn of the 42
inch line. A storm sewer intake and
storm sewer line run west to east on
the southern edge of the alley.
The alley is not needed to provide
access to any of the adjoining
properties and is landlocked to the
north and south by privately -owned
property.
The applicant is requesting vacation of the 20 foot wide alley which was platted
as part of the Lyman Cook's Subdivision of Outlot 25 in 1857. Although it was
platted for alley usage, there is no evidence that this right-of-way
(hereinafter referenced as r -o -w) has ever served as an access to the
surrounding properties. The northern 230 feet of this r -o -w was vacated in 1966
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and the adjacent property owner (D. Maher) has paid taxes on the r -o -w since
then. The southern 475 feet of the r -o -w was vacated in 1982 and the adjacent
property owner (Ralston Creek Apartments Ltd.) used the vacated alley in the
development of the property.
The applicant is requesting the vacation in order to include the remaining 75
foot landlocked portion of the r -o -w with the disposition of the adjacent Lots 3
and 4. (The bid period for these parcels is scheduled to begin on
January 19, 1983.)
Staff does not object to vacating the remaining 75 feet of the r -o -w and its
inclusion as part of Lot 4. A no -build, no -fill easement to guarantee access
will be reserved for the 42 inch sanitary sewer line, manhole cover, storm sewer
intake and storm sewer line. However, if the adjacent property owners construct
a new sewer to replace the 42 inch brick oval line (the north -south portion), an
agreement may be executed to abandon the line. The easement will remain in
effect for the east -west portion of the 42 inch sewer and for the storm sewer
line and intake.
STAFF RECOMMENDATION
Staff recommends that the vacation be approved for the r -o -w located directly
east of Lot 4, Lyman Cook's Subdivision of Outlot 25, subject to a no -build, no -
fill easement for the 42 inch sanitary sewer line, .manhole,.and.storm sewer line.
ATTACHMENTS
1. Location map
2. Plat of request area.
Approved by
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Djo4ld Schoeiser, Director
D partment of Planning & Program Development
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Vacation of alley in Lyman Cook's Subdivision, Outlot 25
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