QUESTION
What are the greatest challenges in implementing and enforcing discrimination complaints, and how can transparency improve the process?
0:46:45
·
5 min
JoAnn Kamuf Ward discusses the challenges of implementing and enforcing discrimination complaints, focusing on resources, legal hurdles, and the possibility of improvement through transparency.
- Resources, including financial and expertise in human resources, are identified as significant challenges in addressing discrimination complaints.
- Legal challenges, especially in testing for discrimination, present major obstacles.
- The complexity of navigating various legal systems complicates the enforcement process.
- Funding for nonprofits by HUD is mentioned as a partial solution, but overall resources remain insufficient.
- The Deputy Commissioner suggests that enhanced transparency in decision-making could aid in mitigating discrimination but notes the need for further investigation.
Jumaane Williams
0:46:45
Just following up with one of the questions Jill Williams asked about the difficulties of implementation enforcement.
0:46:53
So I I heard kind of 2 things That might be difficult where it fits in.
0:46:59
Also, what I'm calling kind of the ease of doing it to actually follow-up on any complaints.
0:47:05
And I was I don't know if possible, which is the funding to actually get it done.
0:47:10
So I just wanna know of those three which seemed to be the most concerning.
JoAnn Kamuf Ward
0:47:18
So I think for this particular area, I will say resources are a challenge.
0:47:24
That means expertise and and financial expertise, which is not something that is currently like a hiring requirement when when we're thinking about discrimination complaints.
0:47:36
So I think we would have to look into how do we have the the person resources to be able to do this work accurately.
0:47:43
I think that the testing piece is also significant because I think it's it's real legal hurdles.
0:47:48
Some of the other things are more practical.
0:47:52
I think being able to do the testing in this way would be very challenging.
Jumaane Williams
0:47:58
Okay.
0:47:59
Because I was I was finding that having a a local route of action makes things a little easier.
0:48:04
For people who may have this issue, which is why we try to get some local laws even if they're preceding ones in the in the federal state.
JoAnn Kamuf Ward
0:48:11
Yeah.
0:48:12
And I think I'll just say say to that.
0:48:14
I think part of the reason people and and I think I flagged this in my prior answers, but part of the reason I think people go court is because they can they can use all the laws.
0:48:23
Right?
0:48:24
Like, when you come to the commission, we can look at a city human rights law violation.
0:48:27
If you go to state or federal court, you can use the Fair Housing Act.
0:48:31
And and so I think there there's Yes.
Jumaane Williams
0:48:33
You but you also have to have money for attorneys to be able to do all of those things.
0:48:37
A lot of folks have trouble navigating those parts of it if they don't have the the resources to do it.
0:48:43
Yeah.
JoAnn Kamuf Ward
0:48:43
And I think that's part of the reason.
0:48:44
Again, I'm not an expert in HUD or in federal agencies.
0:48:48
Hud has funded nonprofits.
0:48:49
I think there's 30 to 50 across New York City to do some of to do some of this work exactly for the reason that you're talking about.
0:48:56
But But, yes, I hear you.
Jumaane Williams
0:48:57
And and, I mean, this is probably for another hearing.
0:48:59
I I do think the agent needs some definitely some more funding, and I'm I'm concerned about the type of testing that's not happening even on housing.
0:49:08
There's a whole another conversation.
0:49:09
I think there's a lot on the table, a lot of discrimination happening right now.
0:49:13
The AG is not able to catch it for for various reasons.
0:49:15
But with the the ease of doing, I just want to know the part of the law will make it so the people have to give the reason than that being denied.
0:49:25
And so that part of the law that has to give the criteria would that make it a little easier to try to get get what we need accomplished accomplished even with the testing, having someone additional information.
JoAnn Kamuf Ward
0:49:35
I think my preliminary response is that transparency and how these decisions are made are going to aid in addressing the discrimination, but I'd have to look more closely at what is already required and and where things are are not being conveyed to individuals who are looking for credit or or mortgages.
Jumaane Williams
0:49:54
So I see that point again.
JoAnn Kamuf Ward
0:49:56
So I just I think I I would personally in CCHR would look and the law department would need to look more into what is already required to be provided under state law and how how this might differentiate.
0:50:07
Because I think, as we've said, there are laws in place, I think, the laws get so far and culture shift and changing how business is done is a much different kind of animal.
Jumaane Williams
0:50:18
Okay.
0:50:19
Thank you very much.
0:50:20
And d c w p just I guess it's more of a a comment.
0:50:25
But because and I'm I'm happy that the the chairman is focused on used calls as well.
0:50:32
I I was focused a lot when I was a council member.
0:50:34
I just wanna say, I think I still see a lot of stuff happening there that's not being captured, and I don't know if people have the ability to always win their search info call.
0:50:43
These are folks that always don't have the time.
0:50:44
So I don't know how much you're going out just on your own to do some testing.
0:50:51
I had a big issue myself with Major World.
0:50:53
I don't know if there's still a issue.
0:50:54
I hear a lot of there.
0:50:55
Asked too long, but they were doing a lot of bait and switch back.
0:50:58
And this is way back.
0:50:59
And so I don't know how much you're going out you know, all is how much is just waiting?
0:51:04
I guess it's a question.
0:51:05
How much is it waiting for people to come with complaints and how much is you proactively come out?
Carlos Ortiz
0:51:10
Well, let me just jump in quickly in the major world situation.
0:51:12
I know that was that was a it was a big case for us that we've just finalized this past year, actually.
0:51:19
And secured $3,500,000 in penalties from Major World for the deceptive practice they were engaging, as well as previous years where we were able to also secure restitution for consumers that were impacted.
0:51:28
So I thank you for elevating that.
0:51:30
And and and certainly if there's more violations being committed by that business or other business entities, we would certainly wanna know about
Jumaane Williams
0:51:36
it.
0:51:36
So major world has been find for what they've been doing?
Carlos Ortiz
0:51:40
That's correct.
0:51:41
We were we initially began that investigation process years ago.
0:51:46
Course through the course of appeals that that were they were engaged in.
0:51:49
Ultimately, the city was able to win out on that case, and we got $3,500,000 in civil penalties from them on it.
Jumaane Williams
0:51:55
I'm hoping can check to make sure that they've changed practices.
Carlos Ortiz
0:51:58
Yeah.
0:51:58
Certainly, I think when, you know, our practices are when when we find business that have violated the law, we do work to ensure that we're following up on them to make sure they're staying in compliance.
0:52:08
I think to your question earlier, we we do proactively inspect locations across the city.
0:52:13
Use card dealership, I should say, as well as respond to complaints.
0:52:16
And then I I think the 3rd problem with that as well is proactive investigation work from our attorneys of the agency.
0:52:23
That also looks into the record keeping requirements of these used card dealerships to ensure that they are complying with all aspects of the licensing and the and the consumer protection law.
Jumaane Williams
0:52:32
Thank you.
0:52:32
Thank you, madam Cheah.
