U.S. compels repeal of California "crime free law" that evicted accused renters and impacted Blacks and Latinos

The U.S. Department of Justice has settled a civil rights case the agency filed against the California City of Hesperia, which alleged the municipality’s “crime free” law compelling landlords to evict those accused of criminal activity and creating a disparate impact against Black and Latino renters.

The settlement, which has not yet been approved by the federal judge presiding over the case will compel the Mojave Desert city and its sheriff’s department to pay about $1 million in damages and repeal a draconian ordinance that forced landlords the evict anyone accused engaging in criminal activity even when charges were pending or without an arrest.

The settlement is the first of its kind and a victory for the Justice Department which brought challenge to the law under the federal Fair Housing Act. The settlement could have a systemic impact by effectively  creating notice for about 2,000 other communities nationwide that passed similar 'crime-free' programs, according to the agency.

A U.S. Department of Housing and Urban Development determined that under such programs, Latino renters are 29% more likely to be evicted than white renters.

The agency filed suit in 2019, demonstrating discriminatory intent with the comments of one city councilmember who said the city needed to fix a "demographical problem" as its Black and Latino populations rose.

Another council member then said the intent of the law was to compel landlords to remove “blight” from their buildings, comparing the removal of those under suspicion to hiring an exterminator to fumigate roaches.

The settlement will compel the city and sheriff's department to pay $950,000, but $670,000 will be paid to complainants who said they were unfairly prejudiced by the ordinance.

The remainder will mostly go to pay the city’s civil penalties and funding for fair housing and partnerships with community-based organizations.

In a call with reporters Wednesday, U.S. Asst. Attorney General Kristen Clarke said the policy had a noticeable impact on the community.

“This [ordinance] meant evictions of entire families for conduct involving one tenant or even guests, or estranged family members,” Clarke said. “It meant evictions of the survivors of domestic violence. It meant evictions in the absence of concrete and real evidence of criminal activity.”

The court’s new consent order will remain in effect for five years while the city remains under the watch of the Justice Department to ensure it complies with the settlement and the law.  

Hesperia is one of California’s oldest cities. Its first inhabitants were Serrano Indians. It was eventually settled as part of a Spanish land grant in 1781 and was annexed by the U.S. in 1848 after the Mexican-American War.