Agmt 2009 US Department of Housing and Urban Development HUD

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2 I. INTRODUCTION The United States Department of Housing and Urban Development(hereinafter referred to as the Department or HUD)pursuant to its law enforcement responsibilities under Section 109 of the Housing and Community Development Act of 1974, as amended, Title VI of the Civil Rights Act of 1964, as amended, and the Rehabilitation Act of 1973, as amended, conducted a compliance review of the Community Development Block Grant(CDBG)program administered by the City of San Leandro (hereinafter referred to as the City or Recipient). The purpose of the review was to determine whether the CDBG program managed by the City is administered in compliance with the nondiscrimination provisions of Section 109, Title VI, and Section 504. The Department conducted an on-site review of the Recipient during the period November 26—30, 2007. The areas reviewed were Citizen Participation; Benefits, Services and Methods of Administration; Actions to Affirmatively Further Fair Housing; Section 504 programmatic requirements; and a limited physical accessibility survey. The review disclosed that the program is administered in general compliance with regulations implementing Section 109 (24 CFR Part 6), Title VI (24 CFR Part 1), and Section 504 (24 CFR Part 8). However, the Department found that the City of San Leandro was in preliminary non-compliance with: 24 CFR 1.4 and 24 CFR 6.4, effects of discrimination based upon national origin/LEP; 24 CFR 8.54(b),Non-discrimination Notice; and, 24 CFR 8.53(b), Grievance Procedures. Additionally, a limited site accessibility assessment disclosed that the City was in preliminary non-compliance with Section 504 accessibility requirements at 24 CFR 8.21 and 24 CFR 8.32 The Department identified a number of programmatic concerns regarding the Recipient's administration of the program in areas that were reviewed included among which was the civil rights related program requirement to affirmatively further fair housing choice and program access in CDBG-funded programs, 24 CFR 570.601-602. The parties agree that nothing contained in this agreement will be construed to be a final finding or determination by the Department that the Recipient or any of its agents or employees intentionally engaged in unlawful practices that had the effect of illegally discriminating on the basis of race, color, national origin, gender or disability. The parties agree that nothing contained in this document will be construed as an admission of liability or an admission of having acted in violation with respect to the Department's preliminary findings by the Recipient or any of its agents or employees. Nothing in this Agreement is intended to confer on any non-signatory third party a right to sue for an alleged breach of this Agreement, and the parties expressly intend to preclude the interference of any alleged third-party beneficiary rights. The Department and the Recipient hereby agree that this Agreement does not increase or diminish the ability of any person or class of persons to exercise their rights under Section 109, Title VI, Section 504, the Fair Housing Act, or any other Federal,