Feds resolve discrimination lawsuit against San Bernardino County Sheriff’s Department, City of Hesperia

A landmark agreement has been reached in a discrimination lawsuit against the city of Hesperia and San Bernardino County Sheriff’s Department, the Justice Department announced Wednesday.

The lawsuit alleged that city officials and sheriff’s deputies discriminated against Black and Latinx people and communities in Hesperia through the enforcement of a so-called “crime-free” rental housing program.

The practice violates the Fair Housing Act and Title VI of the 1964 Civil Rights Act.

“The right to fair housing is fundamental and should not be infringed,” U.S. Attorney Martin Estrada said. “This important settlement with Hesperia prevents the so-called ‘crime-free’ program from devastating individuals and families with the emotional upheaval and financial hardship that accompanies evictions that occur with little notice. Today’s agreement and consent order will bring real change to Hesperia and beyond.”

This is the DOJ’s first resolution requiring the complete end of a “crime-free” rental housing program.

On Thursday, attorney J. Pat Ferraris, who represents the City of Hesperia, said that the agreement is not an admittance of liability, and "the city continues to vehemently deny all allegations contained within the complaint filed by the Department of Justice.”“...the resolution of this matter by the city was based solely on a sound financial decision on behalf of the citizens of the city," Ferraris told the Daily Press.

The sheriff’s department responded by saying although the department and the city of Hesperia are working on a settlement, “the case is still in the litigation process." Until the case is resolved, the department is unable to provide further comment.

A 'demographical problem'

The DOJ’s lawsuit was filed in 2019, following an investigation by the Housing and Urban Development Department (HUD).

The city of Hesperia, with substantial support from the sheriff’s department, enacted a “crime-free” program with the intent of addressing what one council member called a “demographical problem:” Hesperia’s increasing Black and Latinx population, according to the lawsuit.

The rental ordinance was in effect from Jan. 1, 2016, to July 18, 2017, and was approved by former city council members, which included, at the time, Mayor Eric Schmidt, Mayor Pro Tem Bill Holland, the late Councilmen Russ Blewett and Paul Russ. Councilman Mike Leonard was absent during the meeting.

Sheriff’s Capt. Nils Bentsen, who now serves as city manager, was the sponsor of the ordinance, a city staff report said.

The ordinance required all rental property owners to evict tenants upon notice by the sheriff’s department that the tenants had engaged in any alleged “criminal activity” on or near the property — regardless of whether those allegations resulted in an arrest, charge, or conviction.

In addition, the program encouraged housing providers to evict entire families when only one household member engaged in purported criminal activity and even notified landlords to evict survivors of domestic violence.

It also required all landlords to screen potential tenants through the sheriff’s department, which would notify landlords whether the applicant had “violated” the rules of the program in the past.

The city of Hesperia later approved an ordinance relating to business licenses for rental housing properties that made registration in the “crime-free” program mandatory and imposed excessive fees, the DOJ said.

Families torn apart

The department’s complaint relied, in part, on analysis by HUD. The report found that Black renters were almost four times more likely, and Latinx renters were 29% more likely to be evicted under the program than white renters.

HUD’s analysis also showed that over 96% of individuals and households evicted under the “crime-free” ordinance lived in majority-minority Census blocks, even though only 79% of rental households in Hesperia live in such blocks.

The DOJ's lawsuit alleged that hundreds of people were targeted under Hesperia’s “crime-free” ordinance.

A Latina living in Hesperia called the police to get help for her boyfriend, who was experiencing a mental health crisis in her home.

When the sheriff’s department arrived before the paramedics, her boyfriend was arrested. The woman then received a notice to vacate based on the supposed violation of the ordinance, and she was forced to temporarily move into a motel, DOJ officials said.

One Black family was torn apart after a mother’s call to the police for help got them kicked out of their home and placed on the violator's list, making it impossible to find another rental in Hesperia, according to the DOJ. The parents moved away and made the impossible decision to leave their teenage daughter behind to finish high school.

The ordinance fueled racial discrimination and segregation, Assistant Attorney General Kristen Clarke said.

“These ordinances can uproot lives, force families into homelessness and result in loss of jobs, schooling and opportunities for people who are disproportionately low-income people of color," she said.

An end to the 'crime-free' ordinance

As part of the resolution of this case, Hesperia already has repealed its “crime-free” ordinance, modified the rental housing business license ordinance, and reduced the fees associated with rental housing business licenses.

The sheriff’s department also has agreed to stop enforcement of Hesperia’s “crime-free” program.

Under the proposed consent order, which still must be approved by the U.S. District Court for the Central District of California, the defendants will spend $950,000 and commit to significant injunctive relief to remedy the effects of the “crime-free” and business license programs.

The remedies include:

• A settlement fund of $670,000 to compensate individuals harmed by the program.

• The payment of $100,000 in civil penalties.

• Funding of $95,000 for affirmative marketing to promote fair housing in Hesperia.

• Funding of $85,000 for partnerships with community-based organizations; notifications to property managers, landlords and owners of the changes to the ordinances and fee schedule.

• Submission of certain policies, procedures and ordinances for the United States’ review and approval before adoption; adoption of non-discrimination policies and complaint procedures.

• Designation of civil rights coordinators.

• Anti-discrimination training.

• A fair housing needs assessment.

• Regular reporting to the court and the United States during the order’s five-year term.

Residents who believe they were harmed by Hesperia’s “crime-free” program may be entitled to compensation under the settlement fund and should contact the Justice Department at Hesperia.Investigation@usdoj.gov or 833-223-1571.

Daily Press reporter Rene Ray De La Cruz may be reached at 760-951-6227 or RDeLaCruz@VVDailyPress.com. Follow him on Twitter @DP_ReneDeLaCruz

This article originally appeared on Victorville Daily Press: Feds resolve Hesperia 'crime-free' ordinance lawsuit