Since its launch in February 2023, the Equal Protection Project (EqualProtect.org) has challenged over 850 discriminatory programs and scholarships at more than 290 colleges and universities. While most of our claims have been at the Department of Education Office for Civil Rights, increasingly we have filed at the Departments of Health and Human Services, Department of Justice, the Department of Housing and Urban Development (HUD).
Previously during 2026, 11 federal investigations have been opened and/or settled as a result of EPP complaints, including four of our HUD complaints:
Now we have a 5th HUD investigation, Northern Arizona University (“NAU”), where we filed a Complaint on August 26, 2026.
From the NAU Civil Rights Complaint:
We bring this complaint and request for investigation against NAU for operating two discriminatory university housing programs that use race- and ethnicity-based descriptions and promotional materials to steer students based on race, color, and national origin, in violation of the Fair Housing Act (“FHA”). Moreover, the programs are each named utilizing the racial identities of their suggested racial participants.
We first explained that under the Fair Housing Act can be violated even without an explicitly discriminatory eligibility requirement:
Enacted as Title VIII of the Civil Rights Act of 1968, the FHA was intended “to provide, within constitutional limitations, for fair housing throughout the United States.” The FHA prohibits discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin in the sale or rental of housing. The FHA applies to a broad assortment of housing, both public and private, including single-family homes, apartments, condominiums, and mobile homes. Courts have also concluded that the FHA applies to college dormitories.
Under the FHA, it is unlawful to “make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.”6 Under applicable Department of Housing and Urban Development (HUD) regulations enforcing the FHA, this kind of “steering” toward or away from housing based on race is strictly prohibited.7 Steering liability attaches even if the housing program does not physically bar members of other racial or ethnic groups from participating.
We then went on to explain what the housing programs at NAU at issue were:
1. “Black Culture Focused Housing”
Link: https://in.nau.edu/campus-living/focused-housing
Discriminatory Requirement: “Black Culture Focused Housing aims to foster a strong sense of belonging and connection through living and learning together while exploring traditional and contemporary aspects of Black intellectual, social, and cultural life.”2. “Indigenous Peoples Living-Learning Community”
Link: https://in.nau.edu/campus-living/ipllc/
Discriminatory Requirement: “The IPLLC aims to foster a strong sense of belonging and connection through living and learning together while exploring traditional and contemporary aspects of Indigenous intellectual, social, and cultural life.”
On September 28, 2026, we received notice from HUD that it had opened a formal investigation:
Our responsibility under the law is to undertake an impartial investigation and, at the same time,
encourage all sides to reach an agreement to resolve the complaint, where appropriate, through
conciliation. The law requires us to complete our investigation within 100 days of the date of the
official filing of the complaint. If we are unable to meet the 100-day requirement for issuing a
determination, the law requires that we notify you and the respondent(s) and explain the reasons
why the investigation of the complaint is not completed.In handling this complaint, we will conduct an impartial investigation of all claims that the Fair
Housing Act has been violated. If the investigation indicates that there is no jurisdiction for HUD
to accept the complaint, the case will be dismissed. At any point, you can request that our staff
assist you in conciliating (or settling) this complaint with the respondent(s). If the case is not
resolved, we will complete our investigation and decide whether or not the evidence indicates
that there has been a fair housing violation. If the parties involved have not reached an agreement
to settle the complaint, the Department will issue a determination as to whether or not there is
reasonable cause to believe a discriminatory housing practice has occurred.If our investigation indicates that there is reasonable cause to believe that an unlawful
discriminatory housing practice has occurred, the Department must issue a charge. If the
investigation indicates there is no reasonable cause to believe that discrimination has occurred,
the complaint will be dismissed. In either event, you will be notified in writing.
The opening of an investigation is not a finding of liability or guilt, but it is a major first step in the process and reflects that HUD has reviewed the materials submitted and believes that a formal investigation is warranted.
Reminder: we are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.
Robert Fox is an attorney at the Equal Protection Project, and focuses, among things, on filing civil rights complaints against DEI discrimination.
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