How are zoning and land use matters handled by HUD and the Department of Justice?
The Fair Housing Act gives the Department of Housing and Urban Development the power toreceive and investigate complaints of discrimination, including complaints that a local government has discriminated in exercising its land use and zoning powers. HUD is also obligated by statute to attempt to conciliate the complaints that it receives, even before it completes an investigation. In matters involving zoning and land use, HUD does not issue a charge of discrimination. Instead, HUD refers matters it believes may be meritorious to the Department of Justice which, in its discretion, may decide to bring suit against the respondent in such a case. The Department of Justice may also bring suit in a case that has not been the subject of a HUD complaint by exercising its power to initiate litigation alleging a “pattern or practice” of discrimination or a denial of rights to a group of persons which raises an issue of general public importance. The Department of Justice’s principal objective in
