HUD reaches agreement with Texas county over alleged misuse of disaster buyout program

The U.S. Department of Housing and Urban Development (HUD) on Friday announced an agreement with Harris County, Texas, to settle allegations of discrimination based on race and national origin in its “design and operation of its Post Disaster Relocation and Buyout Program.”

While the county is party to the agreement, it denies the discrimination allegations and HUD “has made no findings of discrimination” under the applicable laws. These include the Fair Housing Act, Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing and Community Development Act of 1974.

The county “enters into this agreement solely as a means of satisfactorily resolving this dispute” while denying the allegations, the agreement states.

As part of the agreement, the county must provide outstanding acquisition targets of the current mandatory buyout program with a notice of the property owner’s rights, which includes their right to appeal the county’s buyout of their home. It must also include information in both English and Spanish regarding their right to file a discrimination complaint with HUD’s Office of Fair Housing and Equal Opportunity.

The county must also submit to the department for approval any future plan to use HUD disaster recovery funds for undertaking a mandatory buyout. This must include “a discussion of steps it will take to ensure that the proposed buyout program does not result in discrimination.”

A property owner who submitted a discrimination complaint against the county is also party to the agreement. It memorializes a resolution between the county and that property owner in which the county “agreed to a limited taking of land in the highest risk flood area rather than complainant’s entire homestead.”

Diane M. Shelley, HUD’s principal deputy assistant secretary for fair housing and equal opportunity, said that HUD funds to such programs must be applied equitably.

“Buyout programs are important tools that help families relocate from disaster-prone areas but cannot be used in a discriminatory way that adversely impacts vulnerable communities of color,” she said. “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.”