HUD Can’t Forcibly Mandate Equal Outcomes in Housing, Judge Rules

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A U.S. District Court judge has reversed a rule change put in place a year ago by Obama’s Housing and Urban Development (HUD). The regulation transformed “equal opportunity” into equality with the proviso that it meet social justice requirements. There is nothing equal about it. It allows the government to infringe on the rights of one group to benefit another group in a “protected class”.

HUD “published a regulation pursuant to the Fair Housing Act that defines discrimination as actions or policies that while neutral and nondiscriminatory in their intent have a disparate impact, shown through statistics, on a group of persons defined in terms of race (and other protected groups)”, according to the Weekly Standard.

Equality would no longer be equality, even if it’s neutral and nondiscriminatory, if by some subjective measure the outcome didn’t benefit those groups of “protected classes” Mr. Obama wants to benefit.

Such a ruling discriminates against everyone who is not in the “protected classes.”

Judge Richard Leon of the U.S. District Court for the District of Columbia objected to the department overstepping its powers to legislate and deliver outcomes never intended by Congress.

HUD is legislating in other words, a role only reserved for Congress.

Leon said that HUD changed the rules so its application of fair housing policy would achieve equal outcomes instead of equal opportunity.

HUD is supposed to provide a level playing field, “not forcibly reconstruct social demographics by using policy as a social engineering tool.”

“In the FHA, Congress has included no such effects-based language,” Leon wrote in his 32-page ruling. “… It takes hutzpah (bordering on desperation) to argue” that the FHA is meant to produce equal outcomes.

“This is, yet another example of an Administrative Agency trying desperately to write into law that which Congress never intended to sanction,” Leon surmised.

The Supreme Court has said, “An agency literally has no power to act . . . unless and until Congress confers power upon it.”

HUD is conferring powers upon itself.

Currently, HUD is mapping every neighborhood in the United States with the end goal of redistributing the resources of each.

In July, Independent Sentinel reported that the rule was going to enable the Obama administration to force illegal aliens onto neighborhoods.

Barack Obama is a believer in social engineering. This rule will give him the power to redistribute illegal immigrants, drug addicts, criminals, everyone who fits into a “protected class” according to the government’s definition throughout every neighborhood in the country and do it according to racial quotas.

LaRaza said that “Hispanic families often do not know their housing rights and have cited fear of deportation as reason for not reporting rights violations.” The majority of people who fear deportation are illegal, unskilled, poor, welfare recipients and they are coming into this country in the hundreds of thousands each month.

The housing rule passed July, 2013 ties government zoning rules to HUD grants and it opens communities up to lawsuits if they refuse their quota.

HUD will develop long-term solutions to help “people gain access to different neighborhoods,”…”channeling investments into under-served areas.” The mapping tool may guide development and zoning decisions as one example.

It’s affirmative action for housing. They even call it the “Affirmatively Furthering Fair Housing Rule”.

It is an outright attack on the suburbs as Rep. Gosar recently said. He also said to expect racial quotas.

Obama has given out $3.8 billion in grants to date to 1200 municipalities. They will all be subject to zoning changes and the consequent redistribution.

There is an amendment to the Transportation HUD and Related Agencies Act of 2015 added by Rep. Gosar (R-AZ) to keep HUD from implementing the rule but the Democratic Senate will keep their version of the bill, presented by Mike Lee, from passing.

HUD Secretary Shaun Donovan said, “Make no mistake, this is a big deal. “With the HUD budget alone, we are talking about billions of dollars. And as you know, decades ago, these funds were used to support discrimination. Now, they will be used to expand opportunity and bring communities closer to the American Dream.”

The government wants to determine how neighborhoods grow and who benefits.

After all, you didn’t build that and spreading the wealth is good for everyone.

Remember what Barack Obama told Joe the Plumber?

“It’s not that I want to punish your success. I just want to make sure that everybody who is behind you, that they’ve got a chance at success, too… My attitude is that if the economy’s good for folks from the bottom up, it’s gonna be good for everybody. If you’ve got a plumbing business, you’re gonna be better off […] if you’ve got a whole bunch of customers who can afford to hire you, and right now everybody’s so pinched that business is bad for everybody and I think when you spread the wealth around, it’s good for everybody.”

This will turn into a massive social justice plan to establish economic equality of all members of society no matter who earns it. Social justice requires the government collect the peoples’ money and distribute it evenly to everyone.

Obama believes that money is collective money and the government is in the best position to manage and distribute it.

Mr. Obama describing his socialist housing policy of redistributing housing and neighborhood resources in 1998:

 

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