Published Saturday May 17, 2008
HUD asked to OK pact on housing bias cases
BY MARTHA STODDARD
WORLD-HERALD STAFF WRITER
http://omaha.com/index.php?u_page=2798&u_sid=10336981

Members of the Nebraska Equal Opportunity Commission held out little hope Friday that they can keep their dispute with Attorney General Jon Bruning out of court.

But, meeting in Omaha, they postponed any decisions about legal action while awaiting federal review of a negotiated settlement with Bruning's office.

Arnold Nesbitt of Omaha, the commission chairman, said he didn't know whether the agreement between the state anti-discrimination agency and Bruning would satisfy the U.S. Department of Housing and Urban Development.

The agreement was submitted to federal officials late Friday.

"If HUD doesn't buy off on it, we are back to ground zero," Nesbitt said. "The major issue that HUD wants resolved is that we will handle all cases that come before us."

That includes cases involving illegal immigrants — a group Bruning repeatedly has refused to represent in housing discrimination cases.

David Cookson, chief deputy attorney general, said Friday that the office will prosecute people who violate housing discrimination laws regardless of the immigration status of the person discriminated against.

But Bruning has drawn the line at seeking monetary damages on behalf of a victim of discrimination if that person is in the country illegally, Cookson said. He said illegal immigrants in such cases can hire private legal counsel to pursue monetary damages.

Monetary damages, fines and injunctions are among the possible legal remedies in housing discrimination cases.

In a Friday letter, HUD officials cited Bruning's refusal to handle cases of illegal immigrants as one of several deficiencies in a draft version of the agreement between the commission and the attorney general.

Anne Hobbs, the commission's executive director, said she didn't expect federal officials to accept the latest agreement either.

Commission members approved a plan to attempt to negotiate with HUD next week over any concerns with the new agreement.

If those negotiations fail, the commission is to meet next Friday to discuss legal options with Kathleen Neary, a Lincoln attorney who volunteered to help the agency in its dispute with Bruning. Neary said there are a number of legal avenues available.

"I will be ready to take the appropriate legal action necessary for Jon Bruning to do his job," Neary said.

Meanwhile, Hobbs said time is running out for the Nebraska agency to keep its contract to investigate housing discrimination cases in the state.

HUD officials suspended payments to the agency in mid-April because of Bruning's refusal to prosecute a housing discrimination case that involved a complaint from an illegal immigrant, and because he had filed few other housing cases referred by the commission.

The commission has lost $96,000 so far, Hobbs said. HUD pays the commission $2,400 for each case it investigates. The commission budget includes about $250,000 annually from the federal agency.

Federal officials also have threatened to suspend the agency's certification to handle housing discrimination if Nebraska does not make changes.

Hobbs said the continued turmoil hurts the agency's reputation with Nebraskans and is creating uncertainty among with staff. She said people who file complaints with the agency are now raising questions about its competence.

"I think the commission is further harmed every day this goes on," she said. "We've taken a hit."


• Contact the writer: 402-473-9583, martha.stoddard@owh.com