Fair Housing Act of 1968

Fair Housing Act of 1968
U.S. Government · Public domain · source
Shorttitle	Fair Housing Act
Othershorttitles	Title VIII of the Civil Rights Act of 1968
Longtitle	An act to prescribe penalties for certain acts of violence or intimidation, and for other purposes.
Enacted by	90th
Effective date	April 11, 1968
Cite public law	90-284, 82 Stat. 73
Introducedin	House
Passedbody1	House
Passeddate1	April 10, 1968
Passedvote1	250-172
Passedbody2	Senate
Passeddate2	March 11, 1968
Passedvote2	71-20
Signedpresident	Lyndon B. Johnson
Signeddate	April 11, 1968

Fair Housing Act of 1968. The Fair Housing Act, enacted as Title VIII of the Civil Rights Act of 1968, is a landmark federal law in the United States that prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, or national origin. Its passage came in the tumultuous aftermath of the assassination of Martin Luther King Jr., providing a major legislative victory for the Civil Rights Movement. The law has been significantly expanded over subsequent decades to protect additional classes and is enforced primarily by the United States Department of Housing and Urban Development (HUD).

Background and legislative history

The push for federal fair housing legislation gained momentum during the height of the Civil Rights Movement, against a backdrop of widespread segregation and discriminatory practices like redlining. Earlier legislative efforts, such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, had not addressed housing discrimination directly. President Lyndon B. Johnson had proposed a fair housing bill in 1966, but it faced fierce opposition in the United States Congress, particularly from senators like Everett Dirksen and members of the Democratic Party from the Southern United States. The political calculus shifted dramatically following the national trauma of the assassination of Martin Luther King Jr. in Memphis, Tennessee. In the days of riots and mourning that followed, President Johnson and congressional leaders, including Walter Mondale in the United States Senate and Charles Mathias in the United States House of Representatives, urgently pressed for passage as a memorial. The Senate had passed a version earlier in the year, but the House finally approved the broader Civil Rights Act of 1968 on April 10, with President Johnson signing it into law the next day.

Provisions and scope

The core provision of the Act makes it unlawful to refuse to sell or rent a dwelling, to discriminate in terms or conditions, or to advertise preference based on the original protected classes of race, color, religion, or national origin. It covers most housing, with some limited exceptions like owner-occupied buildings with no more than four units. The law also prohibits discriminatory practices by entities involved in residential real estate transactions, including brokers, banks, and other lending institutions. A critical component is the prohibition of "blockbusting," the practice of inducing homeowners to sell out of fear that persons of a protected class are moving into the neighborhood. The Act established administrative enforcement mechanisms through HUD and provided for judicial review in the United States district courts.

Enforcement and implementation

Initial enforcement of the Act was widely criticized as weak, as HUD was originally granted only conciliatory powers. The primary enforcement method involved the filing of complaints with HUD, which would then attempt conciliation; if that failed, the Attorney General of the United States could file suit in cases involving a "pattern or practice" of discrimination. This changed significantly with the Fair Housing Amendments Act of 1988, which gave HUD greater enforcement authority, including the power to initiate investigations and bring cases before administrative law judges. The law also allows private individuals to file lawsuits directly in federal or state court. Key enforcement partners include the United States Department of Justice's Civil Rights Division and non-profit organizations like the NAACP Legal Defense and Educational Fund.

Impact and legacy

The Fair Housing Act has had a profound, though complex, impact on American society. It provided a crucial legal tool to challenge overt housing discrimination and helped dismantle legally sanctioned segregation. Landmark Supreme Court cases, such as Trafficante v. Metropolitan Life Insurance Co. and Havens Realty Corp. v. Coleman, broadened standing to sue and reinforced its provisions. However, its legacy is mixed, as de facto segregation and disparities in homeownership rates, particularly between White and Black households, have persisted due to factors like economic inequality, ongoing discriminatory practices, and the enduring effects of historical policies. The Act fundamentally established the principle that equal access to housing is a civil right, influencing subsequent local and state anti-discrimination laws across the United States.

Subsequent amendments and related legislation

The most significant amendment to the original law is the Fair Housing Amendments Act of 1988, signed by President Ronald Reagan, which expanded the protected classes to include disability and familial status (presence of children under 18). This amendment also strengthened enforcement mechanisms, as previously noted. Other related federal legislation includes the Equal Credit Opportunity Act, which prohibits discrimination in credit, and the Home Mortgage Disclosure Act, which requires financial institutions to provide data to help identify discriminatory lending patterns. The principles of the Fair Housing Act are also enforced through executive actions, such as the Affirmatively Furthering Fair Housing rule issued by the Obama administration and later modified under the Trump administration. State laws, like those in California and New York, often provide even broader protections, covering classes such as sexual orientation and source of income.

Category:United States federal civil rights legislation Category:1968 in American law Category:Housing in the United States