The U.S. Department of Housing and urban development (HUD) has reached a compliance/conciliation agreement (VCA) with the city of Santa Maria, California, resolving allegations that the city’s restrictions on housing for certain farmworker visa-holders in residential areas of the city violates the Fair Housing Act. It also violates Title VI of the Civil Rights Act of 1964 and Section 109 of the Housing and Community Development Act.
“There is a long history of segregation and exclusion of agricultural workers in this country,” said Jeanine Worden, HUD's acting assistant secretary for Fair Housing and Equal Opportunity. “Excluding residents from neighborhoods because of their race, color, or national origin violates fair housing laws. The Fair Housing Act is clear - jurisdictions may not zone people out of neighborhoods or towns based on their race, color, or national origin.”
The city ordinance imposed a “discretionary conditional use permit requirement” on housing for employees, directed at H-2A foreign national farmworker visa-holders. The text and legislative history of the restriction makes it clear that this ordinance was directed solely at housing for certain farmworker visa-holders, over 90% of whom are from Mexico. The Department filed a Secretary-Initiated Complaint on August 26, 2020, alleging violations of the Fair Housing Act.
Finally, local government halted the enforcement of this ordinance. The city agreed to review fines imposed under the ordinance for potential refunds, and hire an Employee Housing Resource Officer to address complaints about discrimination and ensure the quality and safety of employee housing units. Additionally, the city agreed to make an effort in identifying other existing zoning laws that may be discriminatory.
Under Title VI and Section 109 of the Housing and Community Development Act, HUD opened a compliance review regarding restrictions in April 2020. Housing discrimination complaints may also be filed by going to hud.gov/fairhousing.
