The U.S. Department of Housing and Urban Development (HUD) has charged a homeowners association with housing discrimination in the Town of Providence Village. The charge alleges that the association enacted rules to remove Black residents using housing choice vouchers, based on race and color. HUD also claims that retaliatory legal actions were taken to intimidate residents exercising their fair housing rights, and there was a failure to act when racial tensions heightened.
According to the Fair Housing Act, discrimination due to race and color is prohibited. It is also unlawful to intimidate or threaten individuals for engaging in protected activities such as filing fair housing complaints with HUD.
Diane M. Shelley, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity, stated: “No resident should be subjected to housing discrimination based on their race and color or face adverse action for asserting their legal rights.” She emphasized HUD's commitment to enforcing the Fair Housing Act.
In July 2021, an increase in Black residents moving into Providence Village led members of unofficial social media groups in the town to express concerns about property values and crime rates. Respondents Dautrich and Watson were part of these groups. Posts suggested that Black residents were "on Section 8," leading the Providence Homeowners Association to implement rules preventing rentals to voucher holders, most of whom are Black.
Benjamin B. Klubes, HUD’s Acting General Counsel, commented: “The Fair Housing Act bars homeowners associations, just like landlords, from denying housing opportunities based on race.”
HUD's Charge follows complaints from two housing authorities, eleven landlords in Providence Village, four opposing residents, and 40 voucher holders whose families include over 75 minor children. The Charge asserts that discriminatory rules were enacted twice by the Providence Homeowners Association despite increased racial tensions.
A United States Administrative Law Judge will hear HUD’s Charge unless any party chooses federal district court instead. If found guilty of discrimination after a hearing, damages may be awarded for losses incurred by complainants. Additional relief could include injunctive measures against further discrimination and payment of attorney fees; civil penalties might also be imposed for public interest vindication. In federal court cases, punitive damages may be awarded as well.
Individuals who believe they have faced discrimination can file complaints through HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 or (800) 877-8339 (Relay). Complaints can also be submitted online at hud.gov/fairhousing.
