New Jersey attorney general joins lawsuit challenging HUD actions on fair housing enforcement
TRENTON, N.J. — New Jersey Attorney General Jennifer Davenport has joined a multistate lawsuit challenging actions by the U.S. Department of Housing and Urban Development that officials say could affect state-level fair housing enforcement.
The lawsuit, filed with a coalition of 16 attorneys general, contests federal actions that include potential changes to funding for state and local agencies that investigate housing discrimination complaints.
According to the complaint, the dispute centers on HUD’s administration of the Fair Housing Assistance Program (FHAP), which partners with state and local agencies to enforce federal and state fair housing laws. Through the program, agencies receive federal funding to investigate complaints, train staff and conduct outreach.
“Housing is the biggest expense most New Jerseyans face, and that affordability crisis shouldn’t be made even worse by discrimination. It is bad enough that the federal government has largely abandoned efforts to combat housing discrimination, but the Administration should not also inhibit states from protecting our residents,” said Attorney General Davenport. “To withhold funding, and allow such discrimination to go unchecked, is profoundly wrong.”
State officials allege that HUD issued guidance in September 2025 that could affect participation in the program for agencies in New Jersey and other states, particularly those enforcing protections that go beyond federal law.
The lawsuit argues that the federal government is attempting to impose conditions on funding that could conflict with existing state civil rights laws and enforcement practices.
The attorneys general also contend that the changes could create uncertainty for agencies responsible for handling housing discrimination complaints and increase administrative burdens.
HUD has not publicly responded to the lawsuit in the provided information.
The Fair Housing Act, enacted in 1968, prohibits discrimination in housing based on factors such as race, religion and national origin. Many states, including New Jersey, have expanded protections under their own laws.
Joining New Jersey in the lawsuit are the attorneys general of California, Illinois, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Rhode Island, Vermont, Washington and the District of Columbia.
The complaint was scheduled to be filed Monday in federal court.
