Trump’s HUD Is Weakening Enforcement of Fair Housing Laws — ProPublica

Kennell Staten saw Walker Courts as his best path out of homelessness, he said. The complex had some of the only subsidized apartments he knew of in his adopted hometown of Jonesboro, Arkansas, so he applied to live there again and again. But while other people seemed to sail through the leasing process, his applications went nowhere. Staten thought he knew why: He is gay. The property manager had made her feelings about that clear to him, he said. “She said I was too flamboyant,” he remembered, “that it’s a whole bunch of older people staying there and they would feel uncomfortable seeing me coming outside with a dress or skirt on.”

So Staten filed a complaint with the U.S. Department of Housing and Urban Development in February. It was the type of complaint that HUD used to take seriously. The agency has devoted itself to rooting out prejudice in the housing market since the Fair Housing Act was signed into law in 1968, one week after the assassination of Martin Luther King Jr. And, following a 2020 Supreme Court ruling that declared that civil rights protections bar unequal treatment because of someone’s sexual orientation or gender identity, HUD considered it illegal to discriminate in housing on those grounds.

Then Donald Trump became president once more. Two days after filing his complaint, Staten received a letter informing him that HUD did not view allegations like his as subject to federal law — a stark departure from its position just a month prior. The news gutted him. “I went through pure hell just to get turned away,” Staten said. (The property manager disputed Staten’s account and said he was rejected for fighting on the property, which Staten denied. The property owner declined to comment.)

Staten’s complaint is one of hundreds impacted by a major retreat in the federal government’s decadeslong fight against housing discrimination and segregation, according to interviews with 10 HUD officials. Those federal staffers, along with state officials, attorneys and advocates across the country, described a dismantling of federal fair housing enforcement, which has been slowed, constrained or halted at every step. The investigative process has been hobbled. The agency is withholding discrimination charges that HUD officials say should already have been issued. Those accused of housing discrimination appear newly emboldened not to cooperate with the agency. And at least 115 federal fair housing cases have been halted or closed entirely since Trump took office, with hundreds more cases in jeopardy, HUD officials estimate.

These changes raise questions about the future of one of the enduring legacies of the civil rights movement, which advocates see as urgently needed today amid a historic housing shortage and rising complaints about housing discrimination.

“It’ll give free rein to companies, to states, to governments to take advantage of people, to refuse to respect their rights, without fear of response from the government. They know that no one is watching, no one will hold them accountable, so they can just do what they want,” said Paul Osadebe, a HUD attorney and union steward who litigates fair housing cases. “The civil rights laws that people marched for and fought for and died for, that Congress passed and at least sensibly expects to be enforced, that’s just not happening right now. It’s not happening. And people are really being harmed by it.”

Asked to comment on the findings in this story, HUD spokesperson Kasey Lovett said in a statement: “HUD is committed to rooting out discrimination and upholding the Fair Housing Act. ProPublica continues to cherry pick examples to further an activist narrative rather than report the facts.” The White House did not respond to a request for comment.

For many victims of housing discrimination, HUD’s Office of Fair Housing and Equal Opportunity has long been the best path to winning justice. Recent investigations by the office and its state and local partners have led to millions of dollars in relief for victims and reforms from landlords, mortgage lenders and local governments.

When a California city began requiring property owners to evict tenants if the county sheriff’s department said they had engaged in criminal activity — regardless of whether they were convicted — it was a HUD investigation that led to a nearly $1 million settlement and a repeal of the ordinance. (The city did not admit liability.) The agency also secured a $300,000 settlement for a mother, daughter and the daughter’s boyfriend in Oklahoma who were allegedly harassed and assaulted by neighbors because the boyfriend was Black, to which the landlord responded by trying to evict the mother. (A representative for the property ownership company said company leadership has changed since the allegations.)

Such victories may be rare in the next four years.

“We are being gutted right now,” said one agency official, who, like others, requested anonymity out of fear of retaliation. “And it feels like it’s not even the beginning.”

The Fair Housing Office’s staff of roughly 550 full-time employees is set to fall by more than a third through the administration’s federal worker buyout program, according to a HUD meeting recording obtained by ProPublica. Internal projections that have circulated widely among HUD staffers suggest far deeper cuts could follow.

Those accused of housing discrimination seem to have taken notice. HUD officials described an increase in defendants ignoring correspondence from investigators or even copying Elon Musk’s Department of Government Efficiency in their communication with HUD, seemingly in hopes the cost-cutting department will take their side.

“For them to face a consequence, they will need to be brought through a litigation process, which requires expenditure of litigation from the department, and they know that we don’t have those resources anymore,” one HUD official said. “They also feel emboldened that this administration will not consider the things that they are doing to be illegal.”

Some defendants have been more explicit about this. In one case, a midwestern city — which had allegedly allowed local politicians to block affordable housing in white neighborhoods — asked HUD officials if the agency still had the backing to pursue the case if the city walked away from the negotiating table, one official said. In another case, a public housing authority, also in the Midwest, rescinded a six-figure settlement it had offered two days prior, citing Trump’s newly issued executive order attacking “disparate-impact liability.” The housing authority had allegedly favored white applicants and denied applicants with even modest criminal records. HUD spent years building the case; it crumbled in 48 hours. (HUD officials shared details on these and other cases on the condition that ProPublica not name the parties or locations, as the deliberations are private.)

Without the support of agency leadership, HUD is in a weaker negotiating position, dimming the prospects of major settlements or reforms. In another case involving a public housing authority, this one on the East Coast, HUD is considering settling for no monetary penalty — although it would not have accepted less than $1 million under the prior administration, officials said. HUD found the housing authority excluded disabled applicants and that some of its buildings had tenants who were disproportionately white (which the authority has denied).

When settlement negotiations collapse, HUD regularly issues “charges of discrimination,” akin to filing a lawsuit. Four months into Joe Biden’s presidency, the agency had charged at least eight cases and announced major steps in another four. In the second Trump presidency, HUD has not filed a single charge of housing discrimination, officials said.

It’s not for a lack of credible complaints, HUD officials say. There are dozens stuck in limbo at the agency’s Office of General Counsel, HUD officials estimated, including several where officials had conducted lengthy investigations and determined a civil rights law had been violated. One such complaint involves a New York woman who said she was sexually harassed for years by a maintenance worker in her building. The worker allegedly grabbed her breasts and told her that to receive repairs she would have to call him after hours — allegations that HUD officials found to be credible. But Trump appointees have not allowed them to file a charge, officials said.

Lovett, the HUD spokesperson, said that “the Department is preparing multiple charges that will be issued within the next week against individuals who we believe violated the Fair Housing Act.” She did not respond to a request for details about those charges.

Many of the cases halted by HUD involve claims of housing discrimination because of someone’s sexual orientation or gender identity. Those appear to have been undermined by Trump’s “defending women” executive order, issued on his first day in office, which eliminated executive branch recognition of transgender people. Another executive order declaring English the country’s official language has paralyzed cases involving the requirement that housing providers who receive federal funds try to reach people with limited English proficiency. Other cases now in peril involve environmental justice, like disputes over the construction of pollution-emitting factories in poor, predominantly nonwhite neighborhoods. Race-based discrimination cases could be next on the chopping block, given the administration’s campaign against diversity, equity and inclusion efforts, some HUD officials fear.

Previously there were many channels through which the public could file housing discrimination complaints to HUD. In March, the agency shut down all but one of them (with limited exceptions), citing staffing reductions. Now complaint hotlines and inboxes go unmonitored, with answering machines informing callers: “The number you reached is no longer in use.”

Investigations have been thwarted. Staffers can no longer travel to look for witnesses, as staff credit cards now have $1 spending limits. Agency attorneys must seek approval from a Trump appointee for basic tasks, such as issuing subpoenas, taking depositions, assisting with settlement discussions and even merely speaking to other attorneys in and outside government. As that approval seems to rarely come, investigations languish, HUD officials said. Even routine settlements now require approval from a political appointee, exacerbating the case backlog and delaying relief for victims, officials said.

The dysfunction has at times taken more mundane forms. For around two weeks in March, the Fair Housing Office’s work slowed to a crawl after DOGE canceled, without notice, a contract that had enabled staffers to quickly send certified mail to people involved in cases, according to officials and federal contracting data. It was a crucial resource — the office mails tens of thousands of documents each year, and regulations require some correspondence to be certified. Without the contract, staff had to spend their days stuffing envelopes themselves. The contract was worth only around $220,000. In recent years, HUD’s annual discretionary budget has topped $70 billion.

Compliance reviews and discretionary investigations have also been affected. Typically that involves examining the policies and practices of developers, public housing authorities and other recipients of HUD funding to ensure that they abide by civil rights laws. Officials said such efforts have all but ceased, including an investigation into a housing authority that appeared to have a disproportionately low number of Latino tenants and applicants compared to the surrounding area. Larger, systemic investigations are similarly on ice.

The apparent retreat in fair housing enforcement extends beyond HUD. At the Department of Justice, which prosecutes many fair housing cases, staffers received a draft of the housing section’s new mission statement, which omitted any mention of the Fair Housing Act. (The DOJ declined to comment.) At the Consumer Financial Protection Bureau, Trump appointee Russ Vought has sought to vacate a settlement with a company called Townstone Financial, which CFPB alleged had effectively discouraged African Americans from applying for mortgages. The agency is now proposing to return the settlement funds to the company. “CFPB abused its power, used radical ‘equity’ arguments to tag Townstone as racist with zero evidence, and spent years persecuting and extorting them,” Vought has said to explain the decision. (CFPB did not respond to a request for comment. Townstone’s CEO said that he welcomed the move to vacate the settlement and that the prior allegations were meritless.)

The federal government’s fair housing efforts are supported by a broad ecosystem of local nonprofits. They, too, have been destabilized. In February, HUD and DOGE canceled 78 grants to local fair housing organizations, saying each one “no longer effectuates the program goals or agency priorities.” The funding represented a minuscule fraction of HUD’s budget but was essential to grant recipients. That includes groups like Housing Opportunities Made Equal of Greater Cincinnati, which was forced to pause investigations into racist mortgage lending practices and apartment buildings that may flout accessibility laws, according to Executive Director Elisabeth Risch. Four of the organizations filed a class-action lawsuit, arguing HUD and DOGE had no authority to withhold funding approved by Congress. The litigation is ongoing.

Many states do not have their own substantial fair housing laws, leaving little recourse for housing discrimination victims in large swaths of the country if HUD’s retreat continues. “In the state of Missouri, HUD was it for housing protections,” said Kalila Jackson, an attorney in St. Louis. “It’s a terrifying situation.”

Fighting housing discrimination was once seen as so imperative that President Lyndon Johnson described the Fair Housing Act as a crowning achievement of the civil rights movement. “With this bill, the voice of justice speaks again,” he said when signing the legislation. “It proclaims that fair housing for all — all human beings who live in this country — is now a part of the American way of life. “

But advocates and HUD officials say that ambition never became a reality. “The fair housing laws were never fully implemented,” said Erin Kemple, a vice president at the National Fair Housing Alliance. “If you look at segregation throughout the country, it is still very high in most places.” And the Fair Housing Office has been chronically understaffed and underfunded by Republican and Democratic administrations alike. The office has long struggled to clear its docket.

In recent years, segregation has been on the rise by some measures. One study found that most major metropolitan areas were more segregated in 2019 than they had been in 1990. Another found that the Black homeownership rate is lower now than it was at the passage of the Fair Housing Act. And more housing discrimination complaints were filed in 2023 than in any other year since the National Fair Housing Alliance began tracking the figures three decades ago.

Some advocates fear that a four-year federal retreat from the issue could send the country sliding back toward the pre-civil rights era, when landlords and mortgage lenders could freely reject applicants because of their race, and when federal agencies, local governments and real estate brokers could maintain policies that perpetuated extreme levels of segregation.

HUD officials interviewed by ProPublica echoed those concerns, foreseeing a growing national underclass of poor renters suffering discrimination with little hope of redress. They can always file lawsuits, but, for those at the bottom of the housing market, costly litigation is hardly an option.

Even if today’s policies are undone by future administrations, there will be at least four years in which it may become easier for local zoning boards to block affordable housing, for mortgage lenders to retreat from nonwhite neighborhoods, and for developers to flout accessibility requirements in new buildings, HUD officials fear. The consequences of those changes could stretch far into the future. “Housing cycles are long,” one HUD official said. “This decimation will set us back for another several decades.”

April is Fair Housing Month, when HUD usually announces high-profile cases and holds events celebrating the Fair Housing Act. This April came and went without fanfare. HUD Secretary Scott Turner did release a two-minute video, in which he vowed to “uphold the Fair Housing Act so every American has the opportunity to achieve the American dream of homeownership.” He added: “A more fair and free housing market is truly part of President Trump’s golden age of America.”

Beyond that, Turner has had little to say about housing discrimination or segregation, beyond weakening a measure known as Affirmatively Furthering Fair Housing. HUD even eliminated the Fair Housing Office’s old website. The URL now redirects to HUD’s homepage, which features a photo of a suburban cul-de-sac with a heavenly sunset behind it and a quote from Turner, a former NFL player and Baptist pastor.

“God blessed us with this great nation,” it reads. “Together, we can increase self-sufficiency and empower Americans to climb the economic ladder toward a brighter future.”