Attorney General Jennifer Davenport announced on Mar. 16 that she has joined a coalition of 16 attorneys general in filing a lawsuit against the U.S. Department of Housing and Urban Development (HUD). The suit challenges actions by HUD, including threats to withhold funding from state and local fair housing agencies due to state civil rights laws that protect LGBTQ+ residents, as well as the imposition of other conditions on federal funding.
The case is significant because it addresses how states like New Jersey enforce protections for equal access to housing, especially for LGBTQ+ individuals. The lawsuit argues that HUD’s actions could undermine longstanding partnerships between federal and state agencies designed to combat housing discrimination.
“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.”
The Fair Housing Assistance Program (FHAP), established in 1980, allows HUD to refer allegations of housing discrimination to state and local agencies for investigation. These agencies rely on HUD funding for processing complaints, staff training, outreach, and education. In September 2025, HUD issued guidance threatening to decertify agencies like New Jersey’s Division on Civil Rights unless they stopped enforcing protections based on sexual orientation and gender identity. The guidance also restricts claims related to practices with disparate impacts on certain populations.
Davenport and her counterparts allege these moves violate both the Spending Clause of the U.S. Constitution and the Administrative Procedures Act by creating confusion over enforcement responsibilities and increasing costs for states. They also point out that HUD has reduced its own enforcement capacity by cutting staff and cases while firing whistleblowers who raised concerns about these changes.
According to the official website, the New Jersey Attorney General Matthew Platkin aims to protect residents’ lives and property through statewide law enforcement support; extends services across all counties; influences public safety via oversight; holds authority under statutory mandate; offers legal representation, crime lab support, victim advocacy, consumer protection initiatives; and functions as a justice-focused agency throughout New Jersey.
Joining Davenport in this legal action are attorneys general from California, Illinois, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Rhode Island, Vermont, Washington State, and the District of Columbia.
