A group of prominent civil and human rights organizations sent a joint letter to Scott Turner, the secretary of the U.S. Department of Housing and Urban Development (HUD), on Friday, voicing serious concerns about rumors that the agency plans to drop several compliance actions and fair housing investigations. For victims of housing and lending discrimination, this measure would be disastrous during a fair and affordable housing crisis in the U.S.
Per the report, HUD is getting ready to close at least seven significant housing discrimination cases, including three in which the agency had previously discovered that state and local governments under investigation had exacerbated segregation and concentrated environmental hazards in communities of color, according to a ProPublica report. Both differential treatment and disparate impact discrimination are contested in these cases, including allegations made under the Fair Housing Act’s long-standing disparate impact clause. Civil rights leaders caution that such a reversal is not only legally incorrect but would also be detrimental to millions of Americans.
“This retreat contradicts settled law, ignores HUD’s own regulations and represents a dangerous abdication of the agency’s mandate,” the groups wrote in the letter. “Reversing or dismissing meritorious fair housing cases is a dereliction of duty and a violation of sworn commitments to uphold and vigorously enforce the Fair Housing Act.”
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Intentional discrimination and policies that disproportionately affect protected groups without adequate reason are both expressly forbidden by the Fair Housing Act. In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, the U.S. Supreme Court upheld this crucial provision, which is acknowledged by all federal appeals courts and mandates that housing regulations be equitable in both their intent and their implementation. This requirement is upheld by HUD’s regulations, and the legislation and agency standards outlined in 24 C.F.R. 100.500 cannot be overridden by an Executive Order.
“HUD has no discretion to disregard valid legal complaints,” they state. “The Fair Housing Act mandates that HUD investigate all jurisdictional complaints and determine whether reasonable cause exists. Ignoring this duty undermines HUD’s obligation to affirmatively further fair housing and violates the statute’s core purpose.”
In order to resolve these pressing issues and guarantee that HUD remains in full compliance with federal law, the groups have also asked to meet with HUD leadership.
To read the full letter, click here.
