New agreement requires County to notify those targeted by a mandatory buyout program of their rights and requires HUD oversight of any proposal to use HUD funds for a mandatory buyout
The U.S. Department of Housing and Urban Development (HUD) announced today that it has entered into a Voluntary Compliance Agreement/Conciliation Agreement (Agreement) resolving allegations that Harris County, Texas (the County), discriminated on the basis of race and national origin in its design and operation of its Post Disaster Relocation and Buyout Program. A Harris County resident who filed a complaint in the case is also a party to the agreement. Read the Agreement here.
The Agreement resolves the complaint filed against the County under the Fair Housing Act (the Act), Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing and Community Development Act of 1974. The complaint alleged that the County operated a mandatory buyout program in predominantly Hispanic neighborhoods, while offering voluntary buyouts and other hazard mitigation alternatives to majority white neighborhoods with comparable flood risk.
“Buyout programs are important tools that help families relocate from disaster-prone areas but cannot be used in a discriminatory way that adversely impact vulnerable communities of color,” said Diane M. Shelley, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. “HUD remains committed to equitable disaster recovery and resilience, and to ensuring that disaster recovery funds provided by HUD are administered consistent with applicable civil rights laws.”
The agreement requires the County to provide remaining acquisition targets of its current mandatory buyout program with a “Notice of Rights,” including the right to appeal the County’s buyout of their home. The notice also advises acquisition targets of their right to file a complaint of discrimination with HUD’s Office of Fair Housing and Equal Opportunity. This notice will be provided in both Spanish and English. The agreement also requires that the County submit for HUD review and approval any future proposal to use HUD disaster recovery funds to undertake a mandatory buyout. As part of its submission to HUD, the County must provide a discussion of steps it will take to ensure that the proposed buyout program does not result in discrimination. Finally, the agreement memorializes a resolution between the County and the Complainant, wherein the County agreed to a limited taking of land in the highest risk flood area rather than Complainant’s entire homestead.
The County denies the allegations of discrimination and HUD has made no findings of discrimination under the Act, Title VI, or Section 109. The County entered the Agreement solely as a means of satisfactorily resolving the dispute and the Agreement does not constitute admissions by Harris County or evidence of a final determination by HUD.
People who believe they are the victims of housing discrimination should contact HUD at (800) 9669-9777 (voice) or (800) 927-9275 (TTY). Additional information is available at hud.gov/fairhousing.