HUD Update: Two Fair Housing Matters Resolved

The United States Department of Housing and Urban Development (HUD) recently announced resolutions in two fair housing matters.

On December 11, 2023, HUD announced the settlement of a housing discrimination complaint that was filed against the owner of a federally subsidized housing complex in Oklahoma and its property manager.

In this case, a mother and daughter who lived in the complex had alleged that they endured severe harassment from other residents of the complex because the daughter, who is white, was seen dating a black man.  They further alleged that, despite notifying respondents of the harassment, respondents failed to adequately address the harassment and issued notices to vacate to the mother in addition to some of the harassers.  The mother and daughter ultimately vacated the complex because of the harassment.

Under the terms of the conciliation agreement, the mother, daughter, and person who dated the daughter are to receive a total of $300,000 in payment.  The respondents are also required to adopt an anti-harassment policy, as well as other injunctive relief.

The HUD press release, conciliation agreement, and 2022 HUD Letter of Findings in this case can be read by clicking here.

On January 8, 2024, HUD issued announced it had entered into a Voluntary Compliance Agreement with the owner and property manager of a federally subsidized housing complex located in New York.

A compliance review by HUD’s Office of Fair Housing and Equal Opportunity had considered whether the property’s occupancy standard regulating the numbers of individuals in a family that could live in each unit was overly restrictive such that it contributed to denials of housing based on race and discouraged families with children from applying.  The review also revealed the property had a practice of denying applications with a head of household under the age of 62, even when the family may otherwise have been eligible due to disability.

HUD’s Office of Fair Housing and Equal Opportunity opened the review based on information indicating disproportionately low participation rates of Black and Hispanic residents relative to the housing market area over decades, extending to prior owners of the property. The review sought to ensure eligible persons were not discriminated against in opportunities to learn about, apply to, and reside in HUD subsidized housing.

Under the terms of the Voluntary Compliance Agreement, a fund in the amount of $510,000 to compensate affected individuals who were either denied due to the restrictive occupancy policy, or individuals with disabilities who were improperly denied housing. In addition, the Agreement requires:

• • Creation of a new waitlist after robust marketing to those least likely to apply,
  • Committing a minimum of $10,000 towards advertising, outreach, and website development;
  • Affirmative agreement not to adopt an elderly preference and to consider equally for tenancy otherwise qualified applicants with disabilities and applicants aged 62 or over; and
  • Revising the property’s occupancy policy to be no more restrictive than the local occupancy ordinances.

Click here to read the press release and Voluntary Compliance Agreement.