The Justice Department announced today that it issued a letter to state and local police departments and governments about programs that may violate federal housing protections. The letter describes common features of these widespread programs, sometimes known as “crime-free” or “nuisance” programs, and cautions that they may be unlawful when they unfairly penalize communities of color, individuals with disabilities, or survivors of domestic violence.
Three and a half years ago, the Justice Department announced a renewed commitment to reducing violent crime and building strong communities where all Americans are safe. Central to this commitment is a violent crime strategy that prioritizes building trust and earning legitimacy within communities. The department is providing this letter in furtherance of its mission to uphold the rule of law, keep the country safe, and protect civil rights by promoting fair access to housing and ensuring that race, national origin, disability, sex, or other protected characteristics do not limit housing opportunities or access to emergency services.
“Even when well-intentioned, these programs can disrupt lives, force families into homelessness and result in loss of jobs, schooling and opportunities for people who are disproportionately low-income people of color – all in violation of federal law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These programs can also discourage people with disabilities and their loved ones from seeking help during a mental health crisis and prevent victims of domestic violence from seeking the protection they desperately need. The Justice Department will continue to fight discriminatory and unlawful housing programs across the country while supporting state and local law enforcement and governments to prevent violent crime without violating the right to fair and equal access to housing.”
The letter highlights examples of programs based on recent enforcement actions that affect housing rights and may raise questions under federal law. These include programs that:
- Restrict housing based on criminal histories or arrest records;
- Fail to provide for case-by-case determinations of purported safety concerns for individuals with convictions;
- Impose negative housing consequences on an entire household;
- Provide substantial enforcement discretion that may target certain protected individuals under federal law;
- Were adopted with discriminatory intent evidenced by historical backdrops such as growing diversity or racial tension;
- Threaten or impose penalties for calls related to disability issues by designating medical or disability-related calls as nuisances;
- Publicize confidential information about individuals’ disabilities;
- Fail to make reasonable modifications to avoid disability-related discrimination.
Today’s letter describes how these programs may specifically violate the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), and Violence Against Women Act. It also summarizes recent challenges to “crime-free” and “nuisance” programs by the Justice Department in places like Hesperia, California, and Anoka, Minnesota — resulting in repeals or significant changes along with monetary awards for affected individuals.
The letter explains that while these programs aim to reduce crime, there is no evidence supporting their effectiveness. Instead, recent enforcement actions show these programs often harm survivors of domestic violence disproportionately deny individuals with disabilities equal opportunity for emergency services access and impact communities of color adversely. For instance, a Black woman in Hesperia called police because she felt unsafe with her boyfriend. The sheriff’s department notified her landlord about multiple domestic disturbance calls threatening him with misdemeanor charges. Consequently, her landlord evicted her family from their home.
For more information about the Civil Rights Division visit www.justice.gov/crt. For ADA information call 800-514-0301 (TTY 833-610-1264) or visit www.ada.gov. Reports on housing discrimination can be submitted online at civilrights.justice.gov by calling 1-833-591-0291 or emailing fairhousing@usdoj.gov. Discrimination complaints can also be filed through HUD at 1-800-669-9777 or online at www.hud.gov/program_offices/fair_housing_equal_opp/online_complaint.
The department provides resources addressing chronic criminal justice challenges nationwide through grant components assisting law enforcement courts corrections treatment reentry justice information sharing community-based partners among others via training technical assistance funding resources detailed on websites including Office on Violence Against Women Office of Justice Programs COPS Office.
La traducción al español estará disponible próximamente.