DOJ warns local governments with ‘crime-free’ housing programs

The Justice Department has sent a warning letter to state and local law enforcement and governments over widespread “crime-free” and “nuisance property” programs that may violate federal housing protections, Oklahoma’s News 4 (KFOR) reports. According to the ACLU, “crime-free housing” or “nuisance property” ordinances punish landlords and tenants based on the response of police or other emergency responders to a rental property, even if the tenant was the victim of a crime or a medical emergency. Advocates say they are intended to prevent crime, drugs and gangs in rental properties, but critics say they are disproportionately enforced against BIPOC and force tenants to choose between keeping their homes and calling police or 911 for help.

“Justice officials are urging caution in their implementation, as they could be illegitimate if they unfairly punish communities of color, people with disabilities, or survivors of domestic violence,” KFOR reporter Terré Gables wrote. The letter also said that “while the goal of these programs may be to reduce crime, there is no evidence to support that they achieve that goal.”

Examples of programs cited in the letter that impact housing rights and raise questions under federal law include programs that:

• restrict housing based on a criminal record or arrest history;
• do not provide assessment of safety issues on a case-by-case basis;
• imposing negative housing consequences on an entire household;
• provide a significant degree of incentive discretion that can be used to target individuals protected under federal law;
• were hired with discriminatory intent (for example, in response to growing diversity or racial tensions)
• threatening or imposing penalties for calling out on disability-related issues
• disclose confidential information about an individual’s disabilities
• unable to make reasonable adjustments to prevent discrimination on the basis of disability.

Under federal fair housing laws, it is illegal to harass or deny housing to anyone based on race, color, religion, national origin, sex, disability, and familial status. People with disabilities receive additional protection under the Americans with Disabilities Act.