Manassas Irate That Inquiry Is Escalated
HUD Sent Case To Justice Dept.

By Nick Miroff
Washington Post Staff Writer
Thursday, October 12, 2006

Manassas officials have blasted a Department of Housing and Urban Development decision to turn over an inquiry of discrimination in the city to the Justice Department -- calling the move "incomprehensible" and challenging claims by the housing agency that it had made a good-faith attempt to settle complaints by Hispanic residents and civil rights organizations.

HUD officials notified Manassas last week that the investigation had been forwarded to Justice, which will take over the inquiry into whether the city violated the Fair Housing Act with zoning enforcement efforts such as an anonymous "anti-crowding hotline" and a short-lived ordinance that sought to limit the number of extended relatives who could share a dwelling.

Attempts to reconcile the 11 outstanding discrimination complaints against the city "failed," HUD determined.

The Justice Department will now review HUD's findings and decide whether to bring charges against the city -- an announcement that caught Manassas officials "flatfooted," said City Manager Lawrence D. Hughes.

"We were completely surprised," said Hughes. "HUD never attempted to mediate the complaints, despite the city's repeated requests that it do so."

The gulf between HUD and the city has widened in recent weeks. First, city staff complained that a shifting cast of HUD officials, including seven investigators from four offices, went over similar territory and asked similar questions, burdening city staff. Then the came the announcement that HUD had referred its findings to the Justice Department, which further irked the city because it learned about the decision through The Washington Post.

But HUD said it informed Manassas of its decision through letters and phone calls that were unanswered, according to Bryan Greene, deputy assistant secretary in HUD's Office of Fair Housing and Equal Opportunity.

"We've notified all the parties in this case that we could not complete the investigation," Greene said. "We're done."

HUD's settlement process hit a roadblock, he said, because Manassas failed to satisfy the aggrieved parties who have filed complaints.

"The question is how the city of Manassas addresses the people who allege they have been injured by their ordinances," Greene said. "We tried to obtain relief for individuals, and we reached an impasse."

Under the Fair Housing Act, the agency was required by law to notify parties in the case after the first 100 days of the investigation.

"We will investigate as long as we can, but if we don't think we can resolve it, we want to get the information to the Department of Justice in a reasonable amount of time so they can take the actions they think are necessary," Greene said.

HUD's investigation does not produce a ruling or determination, and details of its findings were not disclosed. But Greene's statement suggests the agency thinks the case is headed for U.S. District Court, where federal attorneys could file suit against the city.

"If the judge or jury determines that the city of Manassas conspired to discriminate against Latino families, the punitive damages could be hefty," said Kent Willis, executive director of the American Civil Liberties Union of Virginia, one of the groups that threatened to sue the city last winter over its anti-crowding ordinance. Suits involving violations of the Fair Housing Act typically lead to punitive and compensatory damages, Willis said. Individuals can also file civil suits against the city over the same complaints, which can be costly for the city.

Hughes and other city staff called the HUD contention that the city did not address complaints false. "We have asked numerous times for the aggrieved parties to specify what their claim is, and we have not received a response," he said. "So this conclusion that we're at an impasse is unimaginable to us."

Hughes accused those who have alleged discrimination against the city of trying to squeeze Manassas for money. The Fair Housing Act "should not be used by those who are not discriminated against to raise money from a local government's limited treasury," he said in a recent news release.

"I find that comment sad," said Rabbi Bruce E. Kahn, executive director of the District-based Equal Rights Center, a civil rights organization that lodged a complaint to HUD and compiled information about city zoning enforcement practices. "The city has an obligation to face the wrong that it's done and remedy the wrong that it's done, including paying damages."

Kahn accused the city of ongoing civil rights violations, despite changes in city policies and the swift repeal of the anti-crowding ordinance.

For additional legal counsel, Manassas has contacted Richmond lawyer William G. Broaddus, who is working with city attorney Robert W. Bendall. But Vice Mayor Harry J. "Hal" Parrish II said he was hopeful federal attorneys would not come knocking.

Parrish said maybe the Justice Department would decide there is no reason to go after anyone. But he cautioned, "I'm always an optimist."