Skip Navigation

HUD Conciliation Agreement

About the Agreement

On November 11, 2011, three individual clients of the Baltimore County Housing Office and two local housing advocacy organizations, Baltimore Neighborhoods, Inc. and the NAACP, filed multiple administrative complaints with the United States Department of Housing and Urban Development (HUD) against Baltimore County and two named appointed administration officials. The complaints alleged that the policies and practices of the Housing Office and County housing policies in general violated provisions of federal law, including, but not limited to, the Fair Housing Act and the Americans with Disabilities Act.

The County and the individual officials denied all the allegations. Once such a complaint is filed, HUD is required to begin an investigation into the allegations and offers to serve as conciliator in a process designed to settle the dispute informally.

The County and the complainants agreed to engage in conciliation and then spent the next four-plus years in negotiations, which culminated in the agreement executed on March 9, 2016.

View the full HUD Conciliation Agreement (PDF).

Settlement with HUD and Complaining Parties

As the negotiations continued, the County concluded that it could arrive at an agreement while protecting certain core values: the Urban-Rural Demarcation Line (URDL) would be preserved, reinforcing the County’s internationally acclaimed “smart growth” policies and protecting agricultural and natural resources.

Under the agreement, the zoning and development processes are not changed, nor does the County have to build or manage public housing.

The County did agree that there is not enough affordable rental housing for families in the County and that the best way to encourage more workforce housing was to assist developers financially with projects to increase this type of housing stock. 

Finally, while the County would have defended itself vigorously in court, it was concerned about the risks of litigation, which, had the complainants prevailed, could have resulted in orders from the court that could have required the County to build its own affordable housing projects as well as cutting off millions of dollars in federal funding to Baltimore County, endangering the health and safety of thousands of County residents. The County could have also been required to pay millions of dollars to the federal government and the complainants’ attorneys in penalties and fines.

In 2015, the Supreme Court held that “disparate impact” in housing patterns must be considered under the Fair Housing Act. The basic point of that case was that even if the government’s policies are not intentionally discriminatory, a plaintiff can still prevail if she can show that the policies have discriminatory affect. The Supreme Court case would have made it very difficult for the County to prevail in the courts.

Agreement Requirements

There are two main elements of the agreement: the creation of “Hard Units” and the establishment of a Mobility Counseling Program.

Zoning and Development Process

The zoning and development process are not changed by the agreement, meaning County residents maintain their rights to support or oppose bills, zoning changes and developments to the same extent as they have for decades. The County Council, state and federal judges, the Zoning Commissioner and the Board of Appeals maintain their rights to make the decisions they see fit in conformance with the applicable requirements of county, state and federal law.

Source of Income Legislation

The Source of Income legislation that must must be introduced to County Council is straight forward. It simply states that when considering an individual’s rental application, the landlord must consider government benefits like social security, veterans benefits, disability payments and Section 8 vouchers as income. Howard County, Frederick County and Montgomery County currently require landlords to consider these benefits as income. The County’s legislation would do the same.

Damages, Penalties and Attorneys’ Fees

The agreement does not require the County to pay any penalties to HUD. The three individual complainants will receive payments of $40,000, $50,000, and $60,000 and the County is paying $390,000 in attorneys’ fees plus $9,000 in expenses to be divided among the lawyers who represented the two organizations that filed the complaints.

Contact Us

Fair Housing

6401 York Road, First Floor
Baltimore, Maryland 21212

Hours

Monday through Friday
8:30 a.m. to 4:30 p.m.

Phone

Fair Housing Specialist

David Skinner

 
A new website for Baltimore County

We're working to provide you with a better experience, and want your feedback. Learn more about our project and give your feedback.