What is the Fair Housing Act?

The Fair Housing Act, officially Title VIII of the Civil Rights Act of 1968, was enacted on April 11, 1968, just seven days after the assassination of Dr. Martin Luther King, Jr., which spurred Congress to pass the long-pending legislation. This landmark law, along with the Civil Rights Act of 1866 and key Supreme Court rulings, forms the legal foundation for the fair housing movement in the United States. These laws protect individuals from housing discrimination based on race and other characteristics, ensuring that everyone has the opportunity to rent or buy a home, obtain a mortgage, or purchase homeowner’s insurance without facing unfair treatment.

In addition to providing protections against housing discrimination, these laws also safeguard individuals from harassment and ensure that those assisting others in exercising their housing rights are also protected.

Who Is Protected by the Fair Housing Act?

The federal Fair Housing Act prohibits discrimination based on the following protected classes:

  • Race
  • Color
  • Religion
  • Sex (including sexual orientation and gender identity)
  • Disability
  • Familial status (having children)
  • National origin

Beyond these explicit protections, certain policies may also be considered discriminatory if they disproportionately affect a protected class. For example, a policy that discriminates against survivors of domestic violence would have a disparate impact on women, as they make up the majority of domestic violence survivors. Similarly, overly restrictive criminal background checks may disproportionately affect African American and Latino applicants due to their overrepresentation in the criminal justice system.

Illegal Housing Discrimination Practices

The Fair Housing Act outlines several actions and practices that are illegal when they discriminate against members of a protected class. These include:

  • Refusing to sell or rent a property based on someone’s membership in a protected class.
  • Discriminating in the terms or conditions of a sale or rental, such as offering different lease terms or rental rates.
  • Discriminatory advertising, such as publishing notices that show a preference or limitation based on a protected class.
  • Misrepresenting the availability of housing to someone because of their membership in a protected class.
  • Blockbusting and steering: Blockbusting occurs when individuals are encouraged to sell their homes due to fear that people of a different race or class are moving into the neighborhood. Steering involves guiding prospective renters or buyers toward certain areas based on their race or other protected characteristics.
  • Failing to accommodate disabilities: Refusing to allow reasonable modifications or accommodations for people with disabilities.
  • Discriminating in lending practices for real estate transactions, such as mortgages or loans for home improvements.
  • Coercing or intimidating individuals exercising their fair housing rights or aiding others in doing so.

Legal Precedents and Landmark Cases

The Fair Housing Act builds upon previous legislation and has been shaped by significant court decisions:

  • The Civil Rights Act of 1866: This law granted Black citizens the same rights as White citizens to buy, sell, lease, or hold property. In Jones v. Mayer (1968), the Supreme Court reaffirmed this law, making it illegal to discriminate in housing based on race.
  • Trafficante v. Metropolitan Life Ins. Co. (1972): The Court ruled that White tenants of an apartment complex could sue for racial discrimination, as they were deprived of the benefits of living in a racially integrated community.
  • Gladstone Realtors v. Village of Bellwood (1979): The Court found that steering homebuyers to certain neighborhoods based on race is illegal. It also granted standing to the Village of Bellwood and its residents to sue for the harm caused by a lack of integration.
  • Havens Realty Corp. v. Coleman (1982): This case was a landmark for fair housing advocates, as the Court ruled that individuals acting as “testers” (posing as renters or buyers to gather evidence of discrimination) have standing to sue. The Court also affirmed that fair housing organizations could sue if discriminatory actions hindered their efforts to promote fair housing.

State and Local Fair Housing Laws

In addition to the federal Fair Housing Act, many states and cities, including, Louisiana Fair Housing Act and New Orleans, have enacted their own fair housing laws that may provide additional protections. Lower courts have also contributed to shaping the interpretation and enforcement of these laws through important rulings in housing discrimination cases.

While this overview touches on the key aspects of the Fair Housing Act, it’s important to recognize that housing discrimination remains a complex issue. These laws are critical to ensuring that everyone has the freedom to choose where they live, free from discrimination or harassment. Understanding and enforcing fair housing laws is essential to preserving equal housing opportunities for all.