Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use Laws

(RECAP: The Justice Department and HUD released updated guidance today on the application of the federal Honest Housing Act (FHA) to state and local land use and zoning laws. The guidance is designed to help state and local governments better know how to comply with the FHA when making zoning and land use decisions as well as to help members of the public know their rights under the FHA. The Justice Department and HUD share responsibility for enforcing the FHA. HUD is the agency with the primary responsibility to investigate individual complaints of discrimination. The Secretary of HUD, on his own initiative, may file complaints alleging discrimination. In addition, the Attorney General may commence a civil action in federal court when she has reasonable cause to believe that person(s) are engaged in a pattern or practice of discrimination or that a group of persons has been denied rights protected by the FHA.)

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