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“This important settlement with Hesperia prevents the so-called ‘crime-free’ program from devastating individuals and families with the emotional upheaval and financial hardship that accompanies evictions that occur with little notice,” said U.S. Attorney Martin Estrada.
By Gail Fry | WSS News Contributor
On December 14, the United States Department of Justice (DOJ) issued a press release obtained by The Westside Story Newspaper, where they announced a landmark settlement reached with the City of Hesperia (Hesperia), its police department, and the San Bernardino County Sheriff’s Department (SBCSD) after it found the city discriminated against Black and Latino Renters through its Crime-Free Rental Program.
Those negatively impacted by Hesperia’s “crime-free” program may be compensated under the settlement fund and are asked to contact the DOJ by calling 1-833-223-1571 or by applying online at Hesperia.Investigation@usdoj.gov.
DOJ observed between 2010 to present, the City of Hesperia’s demographics rapidly changed to where Latino and Black residents exceeded the population of White residents. The number of Latino residents went up by 140% between 2000 and 2010, from 18,400 to 44,091, while Black residents went up by 103% from 2,388 to 4,853. However, White residents decreased from 64.2% in 2000 down to 35.8% by 2016.
DOJ alleged Hesperia, wishing to change demographic trends, decided to act by adopting an ordinance for the claimed intent to lower its crime rate using the Crime-Free Rental Program. On November 17, 2015, Hesperia, supported by the Hesperia Police Department (HPD), approved the Crime-Free Rental Program.
Hesperia contracts its police services, exercised by the Hesperia Police Department, through the San Bernardino County Sheriff’s Department.
Hesperia asserted the ordinance would cut crime. DOJ found Hesperia’s true intent was countering demographic trends by evicting Black and Latino renters, while scaring others from relocating to Hesperia.
Landlords were required to register their rental properties, include a “Crime-free Lease Addendum” (Addendum) in residential leases, pay for annual inspections by the HPD, provide tenant applications to HPD and pay for criminal background checks. The City of Hesperia created and implemented a fee schedule, financial fines up to $500, and criminal penalties for noncompliance.
The Addendum allowed if any occupant, guest, or others under the tenant’s control was involved in criminal activity near the property, a three-day notice to quit could issue. The City of Hesperia gave HPD the authority to decide what was so-called criminal activity and to notify, and order landlords to evict a renter.
BENTSEN HPD SOLE AUTHORITY
HPD Captain Nils Bentsen assured the city council an eviction under the Crime-Free Rental Program would not require an arrest, prosecution, or conviction, because it was a civil action and claimed it was needed based on what DOJ found to have been exaggerated statistics and falsely claimed a connection between higher crime, and rental properties.
BENTSEN CIVIL PROCESS
BENTSEN REDUCE CRIME RENTALS
DOJ viewed Hesperia’s city council meetings videos where they heard council members discredit those living in Section 8 Housing, and Black and Latino renters moving to Hesperia from Los Angeles.
Words like “those kind of people, who are of no value to this community,” and “I want them the hell out of our town, and I don’t care where they go,” were heard from Late Hesperia City Council member Russ Blewett describing the renters.
BLEWETT STOP BAD PEOPLE
Hesperia Mayor Eric Schmidt quoted by DOJ explained, “People from Los Angeles County were moving to Hesperia as a cheap place to hide, bringing their tainted history, and aggravating Hesperia residents.”
Mayor Pro Tem Bill Holland justified, “We are surgically going after those elements that create an inordinate amount of the problem in every single neighborhood.” DOJ quoted Holland reasoning it would cause every landlord “to rid his rental…of that blight” similar to “call[ing] an exterminator out to kill roaches, same difference.”
HOLLAND SURGICAL APPROACH
“We’ve had a lot of people from over the hill move up here that are not very friendly people, and we need to work on getting them out of here,” Hesperia City Council Member Mike Leonard observed explaining the program would address Hesperia’s Section 8 problems, objecting taxpayers pay higher taxes to subsidize these people.
LEONARD SECTION 8
At the meeting, HPD Captain Bentsen reinforced the city council members’ views of Latino, and Black renters, and Section 8 recipients, describing them as threatening, unfriendly, and harming homeowners. Bentsen shared how, in the past, it took years for him to discover a criminal charge he could use to evict Section 8 renters.
Bentsen decried state and federal laws restricting the city’s ability to address the alleged crime problem, reasoning the Crime-Free Rental Program was the only option.
BENTSEN NEW STRATEGY
DOJ found HPD contributed prior resources and support for Hesperia’s proposed Crime-Free Rental Program, planned an enforcement unit, and purchased crime-free tracking software. With the ordinance approved, DOJ found HPD liberally applied its Crime-Free Rental Program toward Black and Latino renters.
Captain Bentsen, in uniform, a proponent of the ordinance, attended numerous city council meetings in support of the ordinance, is now Hesperia’s City Manager.
Landlords, property managers, a California Apartment Association representative, and a Fair Housing Council of Riverside representative questioned the program’s legality, and potential legal liability, objected to the burden placed on landlords, and diversion of law enforcement resources. Bentsen disputed their concerns.
BENTSEN RESPONSE FAIR HOUSING
Overriding their objections, the Hesperia City Council approved the Crime-Free Rental Ordinance. DOJ determined Hesperia and HPD evicted largely Black and Latino renters without legal basis, discriminated based on national origin, while stripping others of their right to live in Hesperia.
The five-year consent order between DOJ and Hesperia and its police department, requires Hesperia to create a $670,000 settlement fund to address the harms their actions had on minority renters, pay $100,000 in civil penalties; require Hesperia to spend $95,000 in funding to promote fair housing; and set aside $85,000 for partnerships with community-based organizations, totaling $950,000.
The consent order requires Hesperia to notify landlords and property managers of ordinance and fee schedule changes; DOJ’s review and approval prior to approving certain policies, procedures and ordinances; non-discrimination policies and complaint procedures be implemented; designate civil rights coordinators; anti-discrimination training; an assessment of fair housing needs; and consistent reporting to the court and the DOJ.
Our weekly coverage of local news in San Bernardino County is supported by the Ethnic Media Sustainability Initiative, a program supported by California Black Media and Ethnic Media Services to support minority-owned-and-operated community newspapers in California.
