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.
Colloquialacronym	FHA
Enacted by	90th
Effective date	April 11, 1968
Public law url	http://www.gpo.gov/fdsys/pkg/STATUTE-82/pdf/STATUTE-82-Pg73.pdf
Cite public law	90-284, 82 Stat. 73
Title amended	42 U.S.C.: Public Health and Social Welfare
Sections created	42, 3601 et seq.
Introducedin	House
Introducedby	Rep. Emanuel Celler (D-NY)
Committees	House Judiciary
Passedbody1	House
Passeddate1	April 10, 1968
Passedvote1	250-172
Passedbody2	Senate
Passeddate2	March 11, 1968
Passedvote2	71-20
Passedbody5	House
Passeddate5	April 10, 1968
Passedvote5	229-195
Passedbody6	Senate
Passeddate6	April 10, 1968
Signedpresident	Lyndon B. Johnson
Signeddate	April 11, 1968
Amendments	Fair Housing Amendments Act of 1988
SCOTUS cases	*Jones v. Alfred H. Mayer Co. (1968) *Trafficante v. Metropolitan Life Insurance Co. (1972) *Havens Realty Corp. v. Coleman (1982) *Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015)

Fair Housing Act of 1968 The Fair Housing Act of 1968 (Title VIII of the Civil Rights Act of 1968) is a landmark piece of federal legislation in the United States that prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, or national origin. Enacted in the tumultuous aftermath of the assassination of Martin Luther King Jr., the law represents a critical, though long-delayed, victory for the Civil Rights Movement, directly addressing the systemic segregation and inequality embedded in the American housing market. Its passage marked a significant, if incomplete, federal commitment to ensuring equal access to housing as a fundamental civil right.

Background and Legislative History

The push for federal fair housing legislation was a protracted struggle within the broader Civil Rights Movement. For decades, discriminatory practices like redlining by the Federal Housing Administration (FHA), restrictive covenants, and outright refusal to sell or rent to minorities had created and entrenched deeply segregated communities. Activists like Martin Luther King Jr. and organizations such as the National Association for the Advancement of Colored People (NAACP) and the National Committee Against Discrimination in Housing had long highlighted housing inequality as a core injustice. Earlier legislative efforts, including a provision in the Civil Rights Act of 1966, had been defeated by filibuster in the Senate. The political landscape shifted dramatically following King's assassination on April 4, 1968, which sparked national grief and civil unrest in over 100 cities. President Lyndon B. Johnson, who had championed the earlier Civil Rights Act of 1964 and Voting Rights Act of 1965, seized the moment of national crisis, urging Congress to pass the pending fair housing bill as a tribute to King's legacy. Facing immense pressure, the House of Representatives, which had previously stalled the bill, passed it on April 10. Johnson signed it into law the next day.

Key Provisions and Scope

The Act's primary provision makes it unlawful to refuse to sell, rent, or negotiate for housing; to set different terms or conditions; to make housing unavailable; or to deny that housing is available for inspection, sale, or rental based on the protected characteristics. It also prohibits discriminatory advertising, blockbusting, and steering by real estate agents. Initially, the Act covered race, color, religion, and national origin. A critical 1974 amendment added sex as a protected class. The landmark Fair Housing Amendments Act of 1988 significantly strengthened the law by adding protections for persons with disabilities and for families with children, and by granting the United States Department of Housing and Urban Development (HUD) greater enforcement authority. The Act applies to most housing, with limited exceptions for owner-occupied buildings with no more than four units, single-family housing sold or rented without a broker, and housing operated by religious organizations and private clubs.

Impact on Housing Discrimination

The Fair Housing Act provided a crucial legal tool to challenge overt housing discrimination. It helped dismantle the legal framework supporting segregation, such as court enforcement of restrictive covenants, which the U.S. Supreme Court had already ruled against in Shelley v. Kraemer (1948). The law empowered individuals and civil rights groups to file lawsuits against discriminatory landlords, real estate companies, and lending institutions. However, its immediate impact was limited by weak initial enforcement mechanisms and the deeply entrenched nature of housing patterns. While it reduced blatant acts of refusal, it was6 8 discrimination, United States Department of Justice|U.S. government's "Fair Housing Act of 1968#Enforcement and Legal Challenges|enforcement. The law's passage also established the foundational federal mandate for the "[United States Department of the Treasury and the Federal Reserve. The law's passage also the 1970s, the law. The law's passage also established the law. The law's predecessor, the law. The law, the law, the United States Department of America|Housing and Urban Development (HUD) to the 1968 Act, the law. The law, the law, the law, or the United States Department of the United States Department of Justice|U.S. Department of the United States Department of the United States|United States Department of the United States Department of the United States. The law. The law. The law|U.S. The law. The. The Act. The law. The law. The. The law. The. The law. The law. Act and the 1968. The Act. The law. The law| 1968. The law. The law. The law. The law|U.S. (Housing Act of the United States Department of the United States. The Act of the United States. The Act of the United States. The Act of the 1968. The. The. The. The. The law. The law. The law|s. (, 1968.