12-02-63 Council Meeting Minutes

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Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers in the City hall on Monday, December 9, 1963, at 8 :05 P.M., with all members present, The meeting was called to order by Councilman T. W. Lehman, Chairman, who presided. ORDINANCE AN ORDINANCE PROHIBITING DISCRIMINATION IN REAL PROPERTY BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, OR.ANCESTRY BY CERTAIN OWNERS, SELLERS, RENTERS, LESSORS, GRANTORS, LESSEES, GRANTEES, ASSIGNEES, MANAGING AGENTS, REAL ESTATE BROKERS, REAL ESTATE SALESMEN, LENDERS, AND OTHERS, PROVIDING FOR THE RENAMING OF THE SOUTH BEND FAIR EMPLOY- MENT PRACTICE COMMISSION, PRESCRIBING ADDITIONAL DUTIES AND POWERS, AND PROVIDING PENALTIES Public hearing on the above ordinance having been continued from the December 2nd meeting of the Council, Chairman Lehman gave proponents and opponents an opportunity to be heard thereon. Speaking in favor of the proposed Ordinance was David Simms, 314 S. Illinois Street, Joseph A. Roper, Attorney for the South Bend - Mishawaka Board of Realtors, spoke in opposition to the Ordinance. Councilman J. Chester Allen and Councilman Harold L. Coleman were,heard. Richard M. Hodson, President of the South Send - Mishawaka Board of Realtors, was heard speaking against the proposed Ordinance. Councilman Krueper made a motion for a five minute recess. Councilman Allen seconded the motion. Motion carried. The meeting recessed at 9:25 P.M. The Meeting reconvened at 9:35 P.M. Councilman Allen made a motion that the Ordinance be reported favorably to the Council. Councilman Coleman seconded the motion. Motion lost by a roll call vote of 2 ayes (Councilmen Allen and Coleman), 7 nays (Councilmen Kroll, Ladewski, Tellson, Glass, Krueper, Lehman and Muszynski). The roll call was requested by Councilman Allen. The Clerk read a report from the Committee of the Whole which reads as follows: "After due consideration of the Fair Housing Ordinance, the Committee of the Whole has reached the following conclusions: " 1. We believe that a sincere effort should be made to solve this long- standing problem, but the Ordinance as written is not acceptable to the majority of the present Council members. " 2. If action were to be taken at this time, it would require numerous amendments and we cannot completely agree on just what amendments should be made. "3. We also feel that since the execution of an Ordinance of this kind will be carried out by another administration, the provisions of such an Ordinance should be left to their discretion. "4. Since the legality of any Council action is debatable,we feel that this question should be resolved before any action is taken by the Council. "Therefore, it is the opinion of the majority of the members of the Committee of the Whole that the proposed Fair Housing Ordinance should be left in Committee for action by the next Council." /s/ T. W. Lehman, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. The Clerk also read the following communication: The Common Council City of South Bend South Bend, Indiana Gentlemen: December 7, 1963 Not having had the privilege of addressing; your body in executive session as have my fellow colleagues in real estate-; I wish to submit my remarks" on the .Fair Housing Ordinan?ce- you -are_ considering'. ;, I take this means of: calling- certain points ''to your attention which have not'- heretofore been presented.. I write to.you as South Bend's only Negro real .estate broker and as a member of the Board of Directors, National Association of Real Estate Brokers, Inc. Our organization, while not as well known as the National Association of Real Estate Boards, has members in forty -two states and two foreign countries. It was born out of need for a voice of Negroes in housing. As you may .now know, Negroes are not free to join the organization of Realtors which are opposing this Ordinance. They do not speak for all the real estate industry. The primary difference between the two groups is that we have as our slogan "Democracy In Housing" and weaetively work to achieve this for all Americans. Our policy is vigorously supported by the national administration and the state administration of Governor Matthew Welch. Your Adoption of this ordinance in its original form is strongly recommended if the free choice and rights of all people are to be protected in the field of housing. My operations in South Bend can testify to the factual need for legislation. We are constantly approached by many white.homeowners who wish to sell their home but could not find realtors that would accept their house on an unrestricted basis. Many Realtors refer property owners to us because their office or their board will not permit them to sell to all qualified buyers. These restrictive practices are not only supported but are encouraged by local board policy of no- policy. This ordinance is not opposed by all Realtors and should be welcomed by brokers and builders who wish to serve all our community without different sets of standards. It certainly would remove the competetive disadvnatages they now face if they do abide by fair housing practices on a voluntary basis. It should also be noted that racial segregation in housing is more pronounced in South Bend today then it was forty years ago, yes, even twenty years ago. The problem is nore acute because the housing industry has failed to initiate any educational program as they now advocate. It is a fact that in the past two years the local real estate board has consistently refused to set down and talk to the Urban League about an educational solution The Mayor's Bi- racial Committee had tg agree to a closed =door meeting with a few independent realtors because their board would notofficially cooperate. With fourteen years as a licensed broker, my own application to join this trade organization has been rejected twice. As practiced in the trade, good faith must first be demonstrate