Trump Administration Abandons Civil Rights Enforcement in Chicago Housing Discrimination Cases

On August 6, the U.S. Department of Housing and Urban Development (HUD) abruptly withdrew from two major civil rights enforcement actions in Chicago. The cases concerned housing discrimination, and another addressed environmental racism from the siting of a metal shredding facility on the South Side. Both cases were nearing resolution after years of work from local and federal officials, and in both cases HUD had already determined that Chicago had engaged in unlawful discrimination. The administration justified this withdrawal, saying it would focus on “real concerns,” signaling that HUD’s own finding of racism in land use practices is not a concern for the current leadership.

This decision marks a serious setback for civil rights enforcement in Chicago and across the nation.

In 2018, the Chicago Area Fair Housing Alliance filed a complaint with HUD alleging that aldermen’s use of “aldermanic prerogative” to block affordable housing perpetuated racial segregation. After an investigation, HUD concluded that this practice did amount to unlawful discrimination. Federal regulators and the City of Chicago were in the final stages of negotiating a settlement when HUD withdrew. Aldermannic prerogative, referred to as council or councilmannic prerogative in most cities, is an informal yet common practice whereby councillors will not approve any new development in a district if the councillor for that district does not give support. This practice gives a single person the ability to override community needs, property rights, and now federal anti-discrimination law.

HUD notified Chicago that its longstanding practice of denying affordable housing developments in majority white wards was illegitimate. “As a result, new affordable housing is rarely, if ever, constructed in the majority-white wards that already have the least affordable housing. The City acknowledges this effect of the practice, its historical use for the purpose of creating and maintaining patterns of racial segregation, and its continued use as a tool that effectuates racially motivated opposition to affordable housing.” The Department found that this practice disproportionately harmed Black and Latino households, continues to perpetuate segregation, and spurs opposition to affordable development based on racism.

The same day, HUD also abandoned enforcement of an environmental justice case involving the relocation of a metal shredding plant to a predominantly Latino neighborhood. Once again, federal officials found that Chicago had a practice of discrimination, siting heavy industrial polluters in South Side and West Side neighborhoods, benefiting North Side communities that are largely white and wealthy. City and federal officials had already reached an agreement, signed by Mayor Lightfoot, to address this discrimination. Now, HUD has decided not to enforce it.

The signal to Chicago officials and nationwide council members is clear: racial discrimination will go unchecked in America under the Trump administration. The presidency is happy to ignore federal law, the findings of its own staff, and agreements made with cities to address racist policies. The nationwide practice of councilmannic prerogative already places unlawful power in the hands of individuals, who can easily shield their motives behind nebulous claims about “community character” and the interests of wealthy residents.

If federal officials won’t hold these councilmembers to account, the duty is left to us: the citizens and community activists around America. YIMBY Action and YIMBY Law train organizers on how to find and respond to these violations, whether through direct lobbying or legal enforcement. These practices cannot go unchecked, and as long as YIMBY can offer support to local organizations, they won’t. If you would like to get involved, you can let us know about housing projects that need legal or organizing support through our project support form, or reach out about systemic issues to hello@yimbylaw.org.