California and other states sue Trump administration over housing discrimination rules

California has joined 15 other states in a housing rights lawsuit filed Monday that accuses the Trump administration of threatening to cut funding to state agencies that offer additional protections against tenant discrimination.

The lawsuit deals with enforcement of the 1968 Fair Housing Act. The federal civil rights law bans discrimination against renters based on seven characteristics: race, color, national origin, religion, sex, familial status and disability.

Many states have interpreted the law to ban discrimination against other characteristics as well, such as gender identity, sexual orientation, veteran status and the tenant’s use of government subsidized housing vouchers such as Section 8.

Last September, U.S. Housing and Urban Development — known as HUD — told state and local agencies that the law “does not include protections” for additional groups.

The department’s guidance said that states cannot use federal funding to promote “gender ideology,” “elective abortions” or “illegal immigration.”

California Attorney General Rob Bonta said in a news conference Monday that the Fair Housing Act sets a floor for enforcement against housing discrimination, not a ceiling.

“Under this guidance, states like California could lose millions in federal funding if we continue enforcing these broader protections,” Bonta said. “HUD's proposal would weaken California's ability to take action when a landlord denies someone housing based on their status as a veteran or as a senior or a LGBTQ plus individual.”

In a post on the social media platform, X, HUD Secretary Scott Turner said the "leftist" state attorneys general had "run to a San Francisco courthouse in a desperate attempt to obstruct President Trump’s America First agenda through political lawfare."

Turner continued: "Their latest stunt will not succeed. As Secretary, I will continue enforcing the Fair Housing Act as written and intended. That is to ensure equal rights under the law, not extra rights for politically favored groups."

Who filed the lawsuit?  

The lawsuit was filed in the U.S. District Court for the Northern District of California.

Illinois State Attorney General Kwame Raoul co-led the lawsuit with Bonta. The other states joining the lawsuit are Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, New Jersey, Rhode Island, Vermont, Washington and the District of Columbia.

The complaint alleges that the Trump administration’s threat of pulling funding violates the U.S. Constitution, as well as the federal Administrative Procedure Act.

“The Trump administration is attempting to roll back civil rights enforcement in housing at the federal level and pressure states to weaken their own protections as well,” Bonta said.

What’s next?

Bonta said he hopes the court will order the federal government to stop implementation of HUD’s new guidelines within weeks.

This is California’s 62nd lawsuit against the Trump administration.