The U.S. Department of Justice (DOJ) issued a letter on August 15 to state and local law enforcement and government agencies explaining that “crime-free” or “nuisance” programs might violate federal fair housing protections. The letter warns that such programs would be considered in violation of fair housing protections if they unfairly penalize communities of color, people with disabilities, or survivors of sexual or intimate partner violence.
The announcement is the latest action taken by the Biden-Harris administration to promote federal fair housing protections, including those provided under the Fair Housing Act, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Violence Against Women Act. Previously, the administration released a HUD memo advising that overly broad tenant background screening practices may violate the Fair Housing Act (see Memo, 6/21/22).
“Crime-free” or “nuisance” programs and policies target properties where alleged “nuisances,” such as noise disturbances, calls for emergency services, or criminal activity, occur. While the goal of these policies is to hold tenants and owners responsible through penalties like fines and evictions, too often “nuisance” ordinances include disturbances related to acts of domestic violence. As a result of these policies, survivors experiencing domestic or sexual violence are forced to make impossible choices between calling for emergency services and losing their homes.
In the letter, DOJ advises state and local officials that certain practices disproportionately impacting housing access for those covered under civil rights and fair housing laws may violate federal law. These practices include:
- Blanket housing restrictions based on criminal history or an arrest record alone.
- Failing to consider on a case-by-case basis applicants with convictions that may preclude them from housing access.
- Imposing negative consequences on an entire household for the actions of one household member or a guest.
- Adopting practices with the intent to discriminate against certain protected classes.
- Threatening to impose penalties on someone for activities related to the person’s disability.
- Publicizing confidential information about a person’s disabilities.
- Failing to make reasonable accommodations and modifications to a property to avoid disability-related discrimination.
Read DOJ’s letter here.