Section 8 Lawsuit

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Section 8 Lawsuit April Update

When is the next hearing for NAACP San Diego Branch’s lawsuit against San Diego Housing Commission?

On Thursday, April 9, 2020, the federal court will consider our request to remand the case to state court. The federal court will also consider San Diego Housing Commission’s (SDHC) request to dismiss the state court claims, and SDHC’s request that we provide more detail on the federal and state fair housing claims.   

Why is the case in federal court? (I thought it was in state court.)

As we shared in last month’s update, SDHC removed the case to federal court in January 2020. This was procedurally late (over six months late) and a veiled attempt to re-litigate the same issues that were already decided by the state court judge on November 1, 2019. 

SDHC is trying to get a second bite at the apple, which delays the case. Justice delayed is justice denied, and SDHC is actively trying to delay justice in this case. 

To summarize, SDHC is again trying to exclude as evidence statements SDHC’s CEO Richard Gentry’s made referring to an Obama-era desegregation policy as “social engineering.” SDHC is also trying to dismiss our state-law based claims pertaining to discrimination and the perpetuation of racial segregation. These are all arguments that the state court already rejected. 

What is going on with the separate Public Records Act lawsuit against SDHC?

Over six months ago, we requested 2019 Section 8 data from SDHC through a California Public Records Act request. But we have yet to receive the data. We filed a separate lawsuit in January to compel SDHC to provide this data.

Why is the 2019 data needed?

On November 1, 2019, the state court held a hearing on SDHC’s request that the court dismiss the case and SDHC’s argument that its actions were protected as free speech. 

The court reviewed our briefs, evidence, and expert declarations, and heard oral argument by our attorneys. The court ruled and issued an order. The Court gave us the opportunity to allege additional information and facts, including 2019 data, to support our claims. (The court also rejected SDHC’s argument that its discriminatory actions are protected as ‘free speech.’)

The court gave us 10 days to file an amended complaint, but our attorneys asked for more time in order to obtain the 2019 data from SDHC through a Public Records Act request. The judge granted our attorneys’ request for additional time (60 days). Less than a week after the hearing, our attorneys requested the 2019 data from SDHC. Over six months have passed and we have yet to receive the data. 

How can I help as a member of NAACP San Diego?

You can chair the active Housing Committee! There is an opening. 

As the chair, you will receive updates about the lawsuit and related issues from our attorneys, and you will help decide what information would be helpful for fellow members. 

You will also be the first to hear about upcoming hearings and case-related events. While you are under no obligation to attend any hearings or events, you will play a helpful role in receiving information. 

You will also get to help guide the future of the Housing Committee! You have likely heard about the injustices occurring at the city and county level, including the new development with separate rules for low-income individuals and intentional discrimination by a county housing agency employee. 

To be eligible for this role, all you need is passion for civil rights and justice. Apply here.

Section 8 Lawsuit Year-End Update


In 2020, NAACP San Diego continues fighting racial segregation through its lawsuit against San Diego Housing Commission. 

The lawsuit challenges SDHC’s discriminatory and segregationist policy of setting the Section 8 voucher levels prohibitively low in predominantly white neighborhoods. SDHC’s policy effectively steers families with Section 8 – disproportionately racial minorities – to segregated, high poverty neighborhoods with lower performing schools and fewer employment opportunities.

SDHC initially responded to the lawsuit with a claim that its setting of payment standards is “protected activity” made in furtherance of SDHC’s “right of free speech or petition.” SDHC, which is a government entity, claimed that if NAACP San Diego’s lawsuit was allowed to move forward, it would “chill” SDHC’s “valid exercise of the constitutional rights of freedom of speech and petition.” 

In its initial response, SDHC also alleged that the lawsuit was not brought “solely in the public interest” because the relief the lawsuit seeks – to enjoin SDHC from perpetuating racial segregation – will not benefit the public but will benefit only non-white Section 8 recipients. SDHC’s position reflected a disturbing misunderstanding of how segregation adversely impacts all members of the community, not just racial minorities. SDHC’s position also reflected a flagrant misunderstanding of how its own program works since the relief sought will benefit all voucher recipients, not only racial minorities.

In addition, in its initial response, SDHC claimed that its CEO’s repeated use of “social engineering” to derisively describe an Obama-era desegregation policy could not be used in the lawsuit to show discriminatory intent. SDHC claimed that its CEO’s statements were protected speech. 

In November, the court held a hearing on SDHC’s free speech defense and a demurrer it had filed. The court rejected SDHC’s free speech arguments, finding that NAACP San Diego’s lawsuit is brought in the public interest, and the statute protecting free speech does not apply to SDHC’s actions. The Court also rejected the vast majority of SDHC’s arguments regarding whether the lawsuit could move forward based on state and federal fair housing and civil rights law. The Court gave NAACP San Diego the opportunity to include additional facts (data) regarding how SDHC’s policy disproportionately adversely impacts racial minorities. NAACP San Diego immediately requested the data from SDHC, but SDHC is still refusing to provide its data.

November 1st Section 8 Lawsuit Hearing

As you know, the NAACP San Diego Branch is involved in a lawsuit to fight the San Diego Housing Commission’s discriminatory and segregationist practice of setting Section 8 voucher levels too low to allow access to all areas of our city.

There will be a hearing on November 1st at 9:00 a.m. in Department 66 at 330 W. Broadway (the Hall of Justice). Please attend and show that the public supports our cause! The Court will be hearing SDHC’s claim that its setting of payment standards is “protected activity” made in furtherance of SDHC’s “right of free speech or petition.” SDHC, which is a government entity, has alleged that if this lawsuit is allowed to move forward, it will “chill” SDHC’s “valid exercise of the constitutional rights of freedom of speech and petition.”

The Court will also be hearing SDHC’s allegation that this lawsuit was not brought “solely in the public interest” because the relief we seek – to enjoin SDHC from perpetuating racial segregation – will not benefit the public but will benefit only non-white Section 8 recipients. SDHC’s position reflects a disturbing misunderstanding of how segregation adversely impacts all members of the community, not just racial minorities. SDHC’s position also reflects a flagrant misunderstanding of how its own program works since the relief we seek will benefit all voucher recipients, not only racial minorities. 

In addition, the Court will be hearing SDHC’s request to have the case dismissed, and SDHC’s claim that its CEO’s repeated use of “social engineering” to describe an Obama-era desegregation policy cannot be used in the lawsuit to show discriminatory intent.

We were also joined by our Assistant Treasurer, Wanda Rogers and NAACP members Abdul Waliullah Muhammad and Bro. Charles 3X, as well as at least one Section 8 client. 

The Court has directed the San Diego Housing Commission to share the documents we have been requesting for four months now and that is a win, the Housing Commission is not allowed to withhold this evidence and we feel this evidence will further demonstrate the extent to which the Section 8 payment standards perpetuate racial segregation. 

Overall, we had some gains and some setbacks, but we are still moving forward. There is a lot of information that the Commission has not given us that we need for our case and the judge  authorized us to get as least some of it from the Commission. We will be doing that as well as working to get everything we need to prevail in this case. Our extraordinary attorneys, Paraja Ijadi-Maghsoodi, Bryan Pease and James Crosby are putting in incredible hours and doing an incredible job for the people and for the NAACP. 

This will be a long case but we are in it to win it. We will keep you posted on developments. It appears clear that we will need to go beyond the courtroom to other methods of persuasion to achieve our goal of equity in housing in San Diego. Stay tuned.  Thanks to those who came out and supported us in the courtroom. 

September 13th Section 8 Lawsuit Hearing

Bryan Pease, Carol Spong, Parisa Ijadi-Maghsoodi and Clovis Honoré

Our President joined our Housing Chair, Carol Spong at the hearing on September 13th regarding our lawsuit against the San Diego Housing Commission, alleging that the way the Commission sets Section 8 voucher values, and its impact on people of color and low-income San Diego Residents, should be changed to be more equitable.

We were also joined by our Assistant Treasurer, Wanda Rogers and NAACP members Abdul Waliullah Muhammad and Bro. Charles 3X, as well as at least one Section 8 client. 

The Court has directed the San Diego Housing Commission to share the documents we have been requesting for four months now and that is a win, the Housing Commission is not allowed to withhold this evidence and we feel this evidence will further demonstrate the extent to which the Section 8 payment standards perpetuate racial segregation. 

Overall, we had some gains and some setbacks, but we are still moving forward. There is a lot of information that the Commission has not given us that we need for our case and the judge  authorized us to get as least some of it from the Commission. We will be doing that as well as working to get everything we need to prevail in this case. Our extraordinary attorneys, Paraja Ijadi-Maghsoodi, Bryan Pease and James Crosby are putting in incredible hours and doing an incredible job for the people and for the NAACP. 

This will be a long case but we are in it to win it. We will keep you posted on developments. It appears clear that we will need to go beyond the courtroom to other methods of persuasion to achieve our goal of equity in housing in San Diego. Stay tuned.  Thanks to those who came out and supported us in the courtroom. 

Attendance Needed: SDHC Lawsuit Hearing

SEPTEMBER 13th!

As you know, the NAACP San Diego Branch is involved in a lawsuit to fight the San Diego Housing Commission’s discriminatory and segregationist practice of setting Section 8 voucher levels too low to allow access to all areas of our city.

Low-income folks are a positive asset to a neighborhood when that neighborhood is doing well. They become part of the community, they participate in life, and their labor and presence helps the community thrive. It’s when low-income folks are forced to live all in one place that there is trouble; when nobody has much money, there’s no way for that neighborhood to thrive.

If we build a truly fair housing system, that lets low-income folks live throughout our city, they will do better and all our neighborhoods will do better.

There will be a hearing on September 13th at 10:30 a.m. in Department 66 at 330 W. Broadway (the Hall of Justice), to determine whether or not the SDHC will be required to let us look at their records so we can see fully into how they have behaved. Your support would be very much appreciated at this hearing!

It is important to RSVP if you plan to attend, so we can notify you of any last minute changes. Please check your mail before setting out for the hearing to make sure the Court hasn’t change it again.

RSVP

We are very grateful to those of you who came out for our Press Conference; it got the media interested. Make no mistake; regardless of attorneys or judges or laws or motions or rulings, public opinion MATTERS. If YOU show up and YOU show you CARE about what they’re doing to low-income people and the neighborhoods the SDHC forces them to live in, our local government WILL take notice!

Photo: Robert Tambuzzi

NAACP San Diego Joins Lawsuit Against San Diego Housing Commission’s Racial Segregation Policies – Voice and Viewpoint

Coverage from ABC 10

Coverage from NBC 7

Press Conference and Rally: End SDHC Section 8 Discrimination

San-Diego-Section-8-Map-1

The above map shows how the SDHC forces Section 8 voucher holders into neighborhoods where people of color have been concentrated for a century.

After being sued by NAACP and San Diego Tenant Union for the racially discriminatory manner in which San Diego Housing Commission administers its housing voucher program, the Housing Commission received a 14 percent increase in funding for this program–$20 million annually–due to fair market rents going up. However, instead of keeping up with fair market rent, the Housing Commission instead made the gap even larger between what a voucher is worth and how much it actually costs to rent a home.

The disparity between what it costs to rent a unit and what the Housing Commission sets as a voucher level is especially pronounced in high-income, predominantly white neighborhoods. The Housing Commission intentionally sets voucher levels to more closely match market rents in low-income, racially segregated neighborhoods.

The actions SDHC took on July 1, 2019, denies housing opportunities to low-income families with Section 8 vouchers, and perpetuates racial segregation.

The lawsuit plaintiffs (the NAACP San Diego Branch, the San Diego Tenant Union, and Darlisa McDowell) and their counsel (Parisa Ijadi-Maghsoodi, Esq., Bryan Pease, Esq., and Jim Crosby, Esq.) will hold a press conference outside the next Housing Commission meeting:

Where: Sidewalk outside of SDHC, 1122 Broadway, San Diego, CA 92101
When: 10 a.m. Thursday, July 18, 2019

The disparity between the voucher level and what the Housing Commission sets as a voucher level is especially pronounced in high-income, predominantly white neighborhoods. The Housing Commission intentionally sets voucher levels to more closely match market rents in low-income, racially segregated neighborhoods.

The actions SDHC took on July 1, 2019, denies housing opportunities to low-income families with Section 8 vouchers, and perpetuates racial segregation. 

The lawsuit plaintiffs (the NAACP San Diego Branch, the San Diego Tenant Union and Darlisa McDowell) and their counsel (Parisa Ijadi-Maghsoodi, Esq and Bryan Pease, Esq) will hold a press conference outside the next Housing Commission meeting:

Where: Sidewalk outside of SDHC, 1122 Broadway, San Diego, CA 92101
When: 10 a.m. Thursday, July 18, 2019

NAACP San Diego Branch Goes to Court over Section 8

Please join us at 12:00 noon on Wednesday, June 26 at the City Administration Building, 202 C Street, for a press conference regarding the lawsuit.

The NAACP, along with the San Diego Tenant Union and Darlisa McDowell have filed a civil rights, racial discrimination lawsuit against the San Diego Housing Commission. The San Diego Housing Commission’s actions setting Section 8 vouchers significantly below market rent perpetuate racial segregation in violation of state and federal law.  

The San Diego Housing Commission’s actions prevent thousands of families with Section 8 vouchers—a population in which racial minorities are overrepresented—from living in high-opportunity, low-poverty neighborhoods that are predominantly white. San Diego Housing Commission’s actions force families with Section 8 vouchers into rental units in segregated, high-poverty, low-opportunity neighborhoods.  

The goal of the lawsuit is to require the San Diego Housing Commission to increase Section 8 voucher levels to allow families with Section 8 to rent units throughout the City instead of in only segregated, high-poverty areas. 

In 2016, the Obama Administration targeted San Diego because of its high concentration of Section 8 voucher participants living in concentrated, segregated low-income neighborhoods. San Diego was one of the only 24 metropolitan areas nationwide that the Obama Administration targeted. The Obama Administration directed these areas to de-segregate by using a different voucher calculation method. The San Diego Housing Commission announced that it would not follow the Obama-era desegregation method because it considered the Obama-era policy to be “nothing more than social engineering.”  The parties condemn these statements. 

For more information, please write [email protected].

The Year of the Housing Lawsuit

San Diego governmental agencies are no strangers to housing discrimination lawsuits this year.  Two separate lawsuits have been filed alleging that our government is perpetuating the concentration of poverty, largely in areas that, due to the region’s long history of segregation, are populated by people of color, including African-Americans.

The first discrimination lawsuit was filed in State court by the San Diego Tenants Union against the San Diego Housing Commission.  It alleges the Housing Commission’s policies regarding Section 8 vouchers concentrate poverty in areas where people of color live.  (The NAACP San Diego Branch has been seeking permission to join this lawsuit for two months; our National organization is promising us an answer “soon.”)

The most recent lawsuit was filed by local residents in Federal court.  It also addresses the San Diego Housing Commission’s handling of Section 8 vouchers, but throws in a grab bag of other claims, including one about the Live Well Center being slated for Southeast San Diego.

Do you have thoughts about housing in San Diego?  Want to get involved in ensuring fair access to housing for all?  Join our Housing Committee; email [email protected].