Attorneys General Sue HUD Over Fair Housing Protections: Upholding State Laws Against Discrimination
A coalition of 16 attorneys general, led by California Attorney General Rob Bonta, has filed a lawsuit against the U.S. Department of Housing and Urban Development (HUD) over guidance that weakens fair housing protections. The Fair Housing Act (FHA) prohibits discrimination based on seven protected traits, but states like California have expanded protections to include additional traits. HUD's guidance threatens to decertify agencies that consider protections beyond what the FHA mandates, which the attorneys general argue violates the law and undermines efforts to combat housing discrimination. The lawsuit seeks to halt the implementation of this guidance.
Attorney General Bonta emphasized the importance of ensuring access to discrimination-free housing at all levels of government. The lawsuit challenges HUD's attempt to undermine state laws that offer stronger protections than federal law, stating that the guidance is unlawful and would reverse progress made in protecting families from housing discrimination. The FHA was enacted in 1968 to address housing discrimination, with HUD tasked with enforcing the law and partnering with state and local agencies through the Fair Housing Assistance Program (FHAP).
In addition to requiring agencies to weaken their fair housing laws, HUD's guidance imposes conditions for FHAP funding, including restrictions on pursuing discrimination claims. The attorneys general argue that these conditions follow HUD's reduction in fair housing enforcement capabilities and firing of whistleblowers who raised concerns about the agency's actions. In California, the California Civil Rights Department collaborates with HUD under the FHAP to protect residents from housing discrimination, as demonstrated by recent reforms at apartment complexes following an undercover fair housing test. HUD's guidance restricts agencies like CRD from pursuing such claims while receiving FHAP funding.
In conclusion, the lawsuit filed by the attorneys general challenges HUD's guidance that weakens fair housing protections and threatens to dismantle efforts to combat housing discrimination. The coalition aims to uphold state laws that provide stronger protections and ensure that all individuals have access to discrimination-free housing.