Federal Fair Housing Laws
Fair housing laws evolved to protect citizens from discrimination in property-related matters. The Civil Rights Act of 1866 recognized all U.S.-born individuals as citizens and prohibited racial discrimination in property ownership and contracts.
Recognized all persons born in the U.S. as citizens, regardless of race or color, and protected the rights of every U.S. citizen to buy, sell, convey, inherit, and possess property, as well as to enter into contracts. In short, it made it illegal to discriminate on the basis of race or color, without exception.
The Civil Rights Act of 1866
Key Terms
Recognized all persons born in the U.S. as citizens, regardless of race or color, and protected the rights of every U.S. citizen to buy, sell, convey, inherit, and possess property, as well as to enter into contracts. In short, it made it illegal to discriminate on the basis of race or color, without exception.
The Civil Rights Act of 1866
In 1962, President John F. Kennedy signed Executive Order, which essentially ended segregation in federally funded housing.
Executive Order No. 11063
prohibited discrimination based on race, color, national origin, and religion in programs receiving federal financial assistance. This act set the stage for the Fair Housing Act.
The Civil Rights Act of 1964
amended the Fair Housing Act of 1968 to add sex to the list of protected classes. In the years leading up to this time, women endured sexual harassment and discrimination by landlords and sellers that made it difficult for them when obtaining housing.
The Housing and Community Development Act of 1974
backed up the Housing and Community Development Act by requiring lenders to give businesses and consumers equal access to credit. ECOA prohibits discrimination “on the basis of race, color, religion, national origin, sex, marital status, or age
The Equal Credit Opportunity Act of 1974 (ECOA)
1988, the __ provided consumers with remedies if they believed they were victims of discrimination in the sale, rental, or financing of housing. This act also added familial status and disability (both physical and mental) to the existing protected classes. Owners must, when necessary, make reasonable accommodations to the rules, policies, and practices in order to provide a person with a disability access to dwellings.
Fair Housing Amendments Act
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| Term | Definition |
|---|---|
Recognized all persons born in the U.S. as citizens, regardless of race or color, and protected the rights of every U.S. citizen to buy, sell, convey, inherit, and possess property, as well as to enter into contracts. In short, it made it illegal to discriminate on the basis of race or color, without exception. | The Civil Rights Act of 1866 |
In 1962, President John F. Kennedy signed Executive Order, which essentially ended segregation in federally funded housing. | Executive Order No. 11063 |
prohibited discrimination based on race, color, national origin, and religion in programs receiving federal financial assistance. This act set the stage for the Fair Housing Act. | The Civil Rights Act of 1964 |
amended the Fair Housing Act of 1968 to add sex to the list of protected classes. In the years leading up to this time, women endured sexual harassment and discrimination by landlords and sellers that made it difficult for them when obtaining housing. | The Housing and Community Development Act of 1974 |
backed up the Housing and Community Development Act by requiring lenders to give businesses and consumers equal access to credit. ECOA prohibits discrimination “on the basis of race, color, religion, national origin, sex, marital status, or age | The Equal Credit Opportunity Act of 1974 (ECOA) |
1988, the __ provided consumers with remedies if they believed they were victims of discrimination in the sale, rental, or financing of housing. This act also added familial status and disability (both physical and mental) to the existing protected classes. Owners must, when necessary, make reasonable accommodations to the rules, policies, and practices in order to provide a person with a disability access to dwellings. | Fair Housing Amendments Act |
The __ prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. It strengthened the 1988 amendments regarding disabilities. Title II of the act applies to public housing, housing assistance, and housing referrals. HUD is responsible for enforcing Title II. | Americans with Disabilities Act of 1990 (ADA) |
The___ states that communities and facilities that meet certain criteria for providing housing to older persons are legally exempt from familial status discrimination. The housing must have one person who is age 55 or older residing in at least 80% of its occupied units, and the housing provider must demonstrate that the housing is intended for persons 55 and older. | Housing for Older Persons Act of 1995 (HOPA) |
“Separate but equal” is not really equal. Segregation in public schools is unconstitutional. | Brown vs. Board of Education |
“Separate but equal” is sufficient. Segregation is allowable. | Plessy vs. Ferguson |
Rules that ban certain races from living in certain areas are unconstitutional. | Buchanan vs. Warley |
Discrimination is not allowed, even when you’re selling your own property. | Buchanan vs. Warley |
| Race, Color, National Origin, Religion, Sex, Familial Status, Disability |
Refers to a group of people who share common characteristics. The group is socially constructed, typically by physical characteristics, such as skin color. | Race |
Refers to being of a being lighter- or darker-skinned skin tone | Color |
Refers to a person’s place of birth and may also be interpreted to include a person’s ancestry | National Origin |
Showing a preference for or against a religious group, or showing intolerance for that group’s observation of its religious practices or dietary habits is religious discrimination. | Religion |
When an individual is treated differently because of gender. This protected class includes sexual harassment. | Sex |
Refers to the presence of children under the age of 18 who are members of the household because of their birth or adoption, or because they have been legally placed in the household. | Familial Status |
Refers to someone who has a physical or mental impairment that substantially limits a “major life activity” | Disabilities |
Federal Fair Housing Law Exemptions: | Owner-occupied dwellings with no more than four families living independently of each other Single-family housing sold or rented without the use of a broker Housing operated by religious organizations and private clubs that limit occupancy to members Housing designated for senior use: Federal law allows an exemption on the basis of familial status only for senior housing |
Filing a Fair Housing Complaint | You have one year to file a complaint. a fair housing specialist reviews it to determine whether the complaint involves a potential violation of the Fair Housing Act. The specialist contacts the consumer for additional information to complete this determination and, if the specialist decides that the Fair Housing Act may have been violated, the specialist helps the consumer file an official housing discrimination complaint. |
For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood | blockbusting |
Refusal to loan or insure someone because they live in an area deemed to be a poor financial risk. | redlining |
encourage whites to live in the “white areas” and all minorities to minority-prevalent areas | steering |
Treating someone differently based on protected class status | Disparate treatment |
Policies that while facially neutral, impact one protected class more | Disparate impact |
Common name given for all state laws that require law enforcement authorities to make information available to the public regarding registered sex offenders | Megan's Law |