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Government, Texas spar over claim of discrimination in distributing flood relief funds

U.S. Department of Housing and Urban Development says money was withheld from minority residents

By Juan A. Lozano, Associated Press
Published: August 27, 2022, 7:30pm
3 Photos
Mal Moses talks about the damage done to his home by Hurricane Harvey in 2017 and the difficulties he faced to get repairs, Thursday, Aug. 25, 2022, in Houston. A local nonprofit, West Street Recovery, ultimately helped repair his home. (AP Photo/David J. Phillip) (david j.
Mal Moses talks about the damage done to his home by Hurricane Harvey in 2017 and the difficulties he faced to get repairs, Thursday, Aug. 25, 2022, in Houston. A local nonprofit, West Street Recovery, ultimately helped repair his home. (AP Photo/David J. Phillip) (david j. phillip/Associated Press) Photo Gallery

HOUSTON — The faded and weathered construction permits still taped to Houston resident Mal Moses’ front door are reminders of the difficulties he faced in trying to get his mold-infested walls and leaky roof repaired after Hurricane Harvey in 2017.

But living in his neighborhood of Trinity-Houston Gardens has always been hard, Moses said. His family endured racial slurs and harassment as some of the first Black residents to move in during the late 1960s. When white residents left, he said, it seemed resources such as consistent trash collection or a properly working drainage system fled as well.

So after Harvey, Moses, 65, expected to be denied government help. And he certainly wasn’t surprised by federal officials’ conclusion this year that the state had discriminated against minorities, particularly Black residents, in how it distributed flood relief money from the hurricane.

“It was just another example (of discrimination) for me. … I wasn’t shocked that it was being done because I experienced it firsthand growing up,” said Moses, who ultimately got help from local nonprofit West Street Recovery to repair his home.

Texas had faced a Friday deadline to enter into a voluntary agreement to address an investigation by the U.S. Department of Housing and Urban Development that in March found the state had violated the Civil Rights Act of 1964 by causing there “to be disproportionately less funding available to benefit minority residents than was available to benefit white residents” in how it distributed more than $2 billion to fund flood-mitigation projects after Harvey. That deadline passed without any resolution to the dispute.

The Texas General Land Office, or GLO, which is in charge of distributing the funding, says its actions were not unlawful. In a letter sent Thursday to Housing and Urban Development Secretary Marcia Fudge, Republican Gov. Greg Abbott said he did not plan to force the General Land Office to enter into any agreement because Housing and Urban Development had not proved that the state agency had discriminated based on race or national origin.

“HUD should close this case without following through on the threats made in your letter, which would only slow funding for Texans who truly need disaster mitigation,” Abbott said.

Housing and Urban Development has threatened to refer the matter to the Justice Department.

“We are considering our options and have no further comment at this time,” Housing and Urban Development spokesman Michael Burns said in an email Friday.

The deadline passed amid the five-year anniversary of Harvey, which inundated the Houston area with torrential rain for days, flooding more than 150,000 homes and 300,000 vehicles. The storm, which first made landfall more than 200 miles southwest of Houston near Corpus Christi on Aug. 25, 2017, killed 68 people and caused an estimated $125 billion in damage in Texas. Many residents still have not recovered.

In an April letter to Housing and Urban Development, the land office’s attorneys defended how the funds were awarded, saying that of the 108 projects that received money, 59 percent served minority-majority populations, and of the 1.5 million Texans benefiting from the projects, more than 1 million were Hispanic.

“HUD’s objections are politically motivated and are factually and legally baseless. GLO did not engage in discrimination,” the land office’s attorneys said.

Many Houston-area residents and officials were outraged when they learned the land office’s initial distribution of $1 billion didn’t include one cent for their hard-hit communities.

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