California City to End “Crime-Free” Housing Program in Landmark Agreement
There is a landmark agreement to end a major housing discrimination case against the city of Hesperia, California, and the San Bernardino County Sheriff’s Department. The agreement is the first Department of Justice (DOJ) resolution “requiring the complete end of a ‘crime free’ rental housing program.”
The DOJ lawsuit was filed in 2019 and was based on an investigation by the Department of Housing and Urban Development (HUD). It accused the City of Hesperia and the San Bernardino County Sheriff’s Department of race and national origin discrimination against Black and Latinx individuals “through the adoption and enforcement of a so-called ‘crime-free’ rental housing program.” The city and Sheriff’s office were accused of violating the Fair Housing Act and Title VI of the Civil Rights Act of 1964.
The lawsuit alleged that the City of Hesperia, with support from the Sheriff’s Department, enacted the “crime-free” program under the guise of reducing crime, but really intended it to deter Black and Latinx residents from moving into the city, and to get current Black and Latinx residents to move out.
The ordinance mandated evictions if a “tenant engaged in any purported criminal activity on or near the property.” That included the eviction of entire families, even if just one tenant or guest or estranged family member, was accused of criminal activity. In addition, background checks, screenings and annual inspections by the Sheriff’s Department were mandated.
It also mandated registration in the “crime-free” program for rental housing properties to obtain a license to do business.
“So-called ‘crime-free’ ordinances are often fueled by racially discriminatory objectives, destabilize communities and promote modern-day racial segregation,” said Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division in a press release. “As this settlement makes clear, the Justice Department will continue to fight discriminatory and unlawful ‘crime-free’ ordinances across the country and work to ensure that everyone has fair and equal access to housing.”
Hesperia has repealed its “crime-free” ordinance and the Sheriff’s Department has agreed to stop enforcement.
The consent order includes $950,000 to remedy the effects of the discriminatory programs and a settlement fund of $670,000 to compensate individuals harmed.
The consent order must still be approved by the U.S. District Court for the Central District of California.
“This agreement sends a strong message that HUD and DOJ will continue to work together to vigorously enforce our nation’s fair housing laws,” said Principal Deputy Assistant Secretary Demetria L. McCain, of HUD’s Office of Fair Housing and Equal Opportunity.