The city of Hesperia and San Bernardino County Sheriff’s Department are accused of enforcing an illegal and discriminatory housing law designed to push black and Latino renters out of town in a federal lawsuit filed Monday.
The complaint centers on Hesperia’s Crime Free Rental Housing ordinance that went into effect Jan. 1, 2016. It was designed to address what one city councilmember called a “demographical problem:” an increasing number of minority residents who fled from higher rents in Los Angeles County, the U.S. Attorney’s Office for the Central District of California said in a news release.
Under the measure, the Sheriff’s Department would notify landlords that tenants were suspected of being involved in crimes on or near the property, and the landlords were required to evict the residents. A three-day eviction notice could be triggered without a conviction or even an arrest, prosecutors said.
The program also mandated criminal background checks and Sheriff’s Department screenings for tenants. Federal authorities say sheriff’s staff described flagged tenants as “potential future violators” and discouraged landlords from renting to them, though screening reports generally did not say why an applicant was flagged.
Finally, the law required deputies inspect rental properties annually to determine if dim lighting or landscaping created places to hide.
The city’s website says the ordinance is geared toward “keeping illegal activity out of our community and creating a safer environment.”
Deputies exercised “substantial discretion” in targeting majority-minority neighborhoods with “harsh and arbitrary” enforcement, the complaint alleges. An investigation by the Department of Housing and Urban Development found black and Latino renters were significantly more likely than white renters to be evicted, and evictions occurred disproportionately in minority areas.
HUD found black renters were nearly four times as likely as non-Hispanic whites to be evicted under the ordinance, while Latino renters were 29% more likely than whites. And 96% of those targeted for eviction in 2016 lived in majority-minority census blocks, officials said.
People were routinely forced out of their homes based on mere allegations with no evidence, investigators said. Even conduct that was perfectly legal — such as smoking marijuana with a medical card — could result in an eviction, sheriff’s staff allegedly told a property manager.
Suspected criminals were allegedly not the only ones targeted. Federal prosecutors say deputies demanded the eviction of an older Latino couple after the arrest of their adult son, who didn’t live with them.
And despite the purported goal of cutting down on crime, the law was allegedly used to target victims. The complaint states a mother and her three children were forced from their home after the woman called 911 to report her husband was beating her with a television cable.
Residents told HUD the threat of eviction made them scared to call police.
When the City Council was discussing the ordinance, officials made several statements that reveal it was designed to reverse “demographic” changes and drive minorities moving into the area “the hell out of our town,” according to the lawsuit.
The measure was passed despite various groups voicing civil-rights concerns. In July 2017, the city amended it to make compliance voluntary after being sued by the American Civil Liberties Union, the Victorville Daily Press reported.
The Fair Housing Act bans housing discrimination based on race, color, religion, sex, familial status, national origin and disability.
Anyone who believes they may have been victim of housing discrimination can call the Justice Department at 800-896-7743, email fairhousing@usdoj.gov, or contact HUD at 800-669-9777. Individuals can also file a complaint about housing discrimination or other civil rights violations with the U.S. Attorney’s Office by calling 213-894-2879, emailing USACAC.CV-CivilRights@usdoj.gov or completing and submitting this form.