HUD charged that Marin failed to comply with Title VI of the Civil Rights Act of 1964 as well as two other federal anti-discrimination statutes. Collectively, the laws prohibit discrimination (on the basis of race, color, national origin, gender, disability, or religion) within programs and activities that receive federal funding. The county has already agreed to take action to increase accessibility to the county for minorities and other lower income.

Marin has one of the most expensive housing markets in the country. The county is 80 percent white, according to 2010 Census data, with seven of the ten whitest communities in the Bay Area. Much of its small black and Hispanic population is concentrated in just areas: Marin City and San Rafael's Canal District.

Interestingly, Quesada says that similar instances of noncompliance by local government recipients are pretty common and, in most cases, fairly easy to rectify. Marin has since entered into a voluntary compliance agreement and last month submitted a document to HUD titled “Analysis of Impediments to Fair Housing Choice” (AI), which the agency will review by the end of the year. Among the fair housing impediments Marin included in its report: strict zoning ordinances; restrictions on high-density, multi-family housing; insufficient outreach to non-English speakers, predatory lending practices; and negative stereotypes about low income residents with Section 8 vouchers.

What does “fair housing” have to do with “affordable housing"?

Explicitly, not that much; no federal law mandates local governments to create specific numbers of affordable homes in their communities. In fact, under fair housing laws (both nationally and in California) landlords can lawfully discriminate against tenants with low incomes or bad credit histories.

That said, though, when local governments do receive CDBG grants and other housing funds, the money is explicitly intended to serve the needs of lower income and minority communities by increasing supply and access to affordable housing options throughout a jurisdiction.

“When you do build affordable housing, we’re interested in where you place housing,” notes Quesada. “Is it a good area? Is it a sustainable area? Who is benefiting?”

Online fair housing resources

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What's So Fair About Fair Housing Laws?