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 recent 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 new conditions on federal funding.
The legal action is significant because it addresses concerns about states’ ability to enforce their own civil rights protections and maintain equal access to housing for all residents. The attorneys general argue that HUD’s actions could undermine longstanding partnerships between federal and state agencies responsible for combating 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,” Davenport said. “To withhold funding, and allow such discrimination to go unchecked, is profoundly wrong.”
The Fair Housing Assistance Program (FHAP), established in 1980, enables HUD to work with state and local agencies to investigate allegations of housing discrimination. These agencies rely on HUD funding for complaint processing, staff training, outreach, and education efforts. 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 that may have a disparate impact on certain groups.
Davenport and her counterparts allege that 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 numbers and bringing fewer cases forward—a situation highlighted after whistleblowers were dismissed following public criticism of these changes.
According to the official website, the New Jersey Attorney General Matthew Platkin aims to protect residents’ lives and property while upholding legal standards statewide. The office extends its services throughout all counties in New Jersey, influencing public safety through law enforcement oversight across the state according to its official site. It holds authority under statutory mandate for law enforcement regulation, prosecution of offenses, crime lab support, victim advocacy, consumer protection initiatives, and other justice-related functions as reported by its website.
Joining Davenport in this lawsuit 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.
