Justice Department Sues City Of Hesperia And San Bernardino County Sheriff’s Department For Discriminating Against African American And Latino Renters Through Enactment And Enforcement Of Rental Ordinance

LOS ANGELES – The Justice Department today filed a lawsuit alleging that the City of Hesperia and the San Bernardino County Sheriff’s Department discriminated against African American and Latino renters in violation of the Fair Housing Act.

The federal lawsuit alleges that the city, with substantial support from the Sheriff’s Department, enacted a rental ordinance with the intent of addressing what one city councilmember called a “demographical problem” – the city’s increasing African American and Latino population. The ordinance resulted in the evictions of numerous African American and Latino renters.

The “Crime Free Rental Housing” ordinance, which was in effect between January 1, 2016, and its amendment on July 18, 2017, required all rental property owners to evict tenants upon notice by the Sheriff’s Department that the tenants had engaged in any alleged criminal activity on or near the property. The complaint further alleges that the Sheriff’s Department exercised its substantial discretion in enforcement to target African American and Latino renters and majority-minority areas of Hesperia. Although the ordinance purported to target “criminal activity,” the Sheriff’s Department notified landlords to begin evictions of entire families – including children – for conduct involving one tenant or even non-tenants, evictions of victims of domestic violence, and evictions based on mere allegations and without evidence of criminal activity.

The Justice Department’s lawsuit is based on an investigation and charge of discrimination by HUD, which found that African American and Latino renters were significantly more likely to be evicted under the ordinance than white renters and that evictions disproportionately occurred in majority-minority parts of Hesperia. According to the complaint, HUD determined that African American renters were almost four times as likely as non-Hispanic white renters to be evicted because of the ordinance, and Latino renters were 29 percent more likely than non-Hispanic white renters to be evicted. Sheriff’s Department data showed that 96 percent of the people the Sheriff’s Department targeted for eviction under the ordinance in 2016 had lived in majority-minority Census blocks. HUD determined that reasonable cause existed to believe the city and county engaged in illegal discriminatory housing practices.

The lawsuit alleges that city officials enacted the ordinance to drive African American and Latino renters out of Hesperia. During city council hearings, city officials and others made numerous statements that demonstrate the city enacted the ordinance to reverse “demographic” changes in Hesperia, including focusing on purported newcomers from predominantly minority Los Angeles County. City officials expressed a desire for the ordinance to drive supposed newcomers “the hell out of our town.” The city enacted the ordinance despite civil rights-related objections to many of its provisions from various segments of the community.

This case is being litigated by the Civil Rights Section in the Civil Division of the United States Attorney’s Office and the Housing and Civil Enforcement Section of the Justice Department’s Civil Rights Division.

Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. More information about the Civil Rights Section in the Civil Division of the United States Attorney’s Office is available at their website.

Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743 (press 1 to continue in English and select mailbox option 4; press 2 to continue in Spanish and select mailbox option 4), email the Justice Department at [email protected], or contact HUD at 1-800-669-9777. Individuals can also file a complaint about housing discrimination or other civil rights violations with the United States Attorney’s Office by calling (213) 894-2879, emailing [email protected], or completing and submitting this form.

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