Oversight needed of state human rights agency after audit on housing discrimination

Until recently, the offices of the state Division of Human Rights contained a filing cabinet labeled "Twilight Zone," where officials filed complaints they considered "defective" — just one of myriad ways the agency poorly handled and managed reports of housing discrimination.

An audit by state Comptroller Tom DiNapoli found the agency failed to appropriately investigate dozens of housing discrimination cases — incompetence that did nothing to alleviate the pain felt by residents already vexed by unequal treatment or illegal behavior. Auditors uncovered a disturbing array of problems over the four years they studied, from lengthy investigation delays to improper case management to incomplete evidence-gathering. In nearly half the 175 complaints reviewed, department officials did not begin an investigation or notify the accused within the mandated 30-day period. In one case, the department took 655 days to make the initial step of notifying the accused.

It is a troubling saga of an agency that lacked the staffing, resources, training, management, leadership, oversight and accountability every state agency should have. The audit leaves open worrisome questions as to how this happened and how many residents experienced housing discrimination without anyone hearing their pleas or taking action.

There is, however, a layer of good news. Gov. Kathy Hochul dismissed previous commissioner Maria L. Imperial earlier this year, in response to the department's troubles and an awareness that the audit was coming. New acting commissioner Denise M. Miranda issued an appropriate response to DiNapoli's audit that did not dispute the concerns and outlined "significant progress" since she started in March. The department added new leadership and investigators and established its own internal audit and training units. Plans for new technology, including a modern case management system, an upgraded online complaint form, an improved call center, and a new training curriculum, are underway.

That bodes well, but there's more to do. Hochul and her team, along with the comptroller's office and the State Legislature, must closely monitor the Division of Human Rights. While this audit focused on the division's Housing Investigations Unit, the entire agency should be under the spotlight. Legislative hearings, beyond the usual budget conversations, would be helpful. DiNapoli's office expects a status update in six months and has promised a follow-up audit in a year. Division of Human Rights officials will need appropriate resources, staffing and guidance to fulfill the comptroller's recommendations. Real change will require a shift in culture, accountability and responsibility, and an understanding of the importance of the agency's mission and goals.

The difficulties at the Division of Human Rights underscore how easy it is for problems to take hold in an enormous state bureaucracy where lack of oversight has been a serious problem in the past. While DiNapoli and Hochul took appropriate action, it came years too late for many residents. Regular oversight, especially from state legislators charged with that vital function, could better uncover trouble spots and protect constituents.