Fair Housing Act: History and Examples of Violations

Title VIII of the Civil Rights Act of 1968, better known as the Fair Housing Act, is a federal law that bans housing discrimination in renting, mortgage lending, applying for housing assistance, and other housing-related activities. The Department of Justice files suits against real estate professionals found in violation of the act, which is one of the most significant fair housing laws in the history of the United States.

The fight for fair housing rights was a significant component of the Civil Rights Movement. Here is a brief historical overview of the groundbreaking act:

• The act’s first iteration. President Lyndon B. Johnson signed the Civil Rights Act of 1964, creating numerous barriers to discrimination within the federal government and private employment practices. However, this version did not include a federal fair housing act.
• Civil rights groups lobby for fair housing. Despite broadly supporting the Vietnam War, the NAACP and other civil rights and veterans’ groups began lobbying the federal government for a fair housing law to correct the racial discrimination faced by Black and brown veterans returning from the war.
• Chicago Freedom Movement pushes forward. In 1966, Martin Luther King, Jr. and other civil rights activists undertook a series of open housing marches in Chicago to end housing and employment discrimination in the city. They were eventually able to obtain assurances from the local government and the Mortgage Bankers Association to improve housing access in the city.
• A tragic loss spurs support. The assassination of Martin Luther King, Jr. on April 4, 1968, led to widespread unrest and provided President Johnson with the public support needed to push for major action against discriminatory practices.
• President Johnson adds new stipulations. On April 11, 1968, President Johnson signed the Civil Rights Act of 1968, which included clear stipulations regarding which housing practices constituted forms of discrimination.
• The First Secretary of HUD upholds the terms. In 1969, George Romney became the first Secretary of the US Department of Housing and Urban Development (HUD) to uphold the Fair Housing Act terms in court.

The Fair Housing Act bans discrimination based on race, color, national origin, religion, sex, familial or marital status, or disability. While the act itself does not include language about sexual orientation, the LGBTQ community has used other criteria within the bill to push for rights in this area, and President Biden issued an executive order upon taking office directing federal agencies to interpret “sex” as also pertaining to sexual orientation, gender identity, and gender expression.

There are many possible violations of the Fair Housing Act, which provides victims of discrimination with latitude to file a housing complaint against real estate agents, housing providers, and other real estate professionals.

1. 1. Changing terms for different groups: Creating extra application steps or judging someone’s suitability for a living space based on one of the Fair Housing Act’s criteria is a clear example of a violation. Everyone must have the same opportunity to apply for a living space.
2. 2. Harassment by landlord: If a landlord harasses a tenant who’s a member of a protected class under the Fair Housing Act, that tenant could file a complaint. For example, a landlord who demands sexual favors (a form of sexual harassment) could be subject to a complaint.
3. 3. Lack of reasonable accommodations: The Americans with Disabilities Act requires landlords to provide reasonable modifications for people with disabilities to achieve equal access. If a landlord refuses to provide ramps, light switches at an acceptable level, or other accommodations, they may be in violation of the Fair Housing Act.
4. 4. Punishment or discrimination based on family: If a hostile environment exists for pregnant people or a housing complex creates barriers for people with children, that may constitute a violation based on familial status.
5. 5. Steering: Steering occurs when a real estate agent directs a potential buyer or renter to particular areas or types of housing based on one of the criteria protected by the Fair Housing Act. For example, if a real estate agent will only show houses to potential Latinx buyers in predominantly Latinx areas, the buyers may have grounds to file a discrimination complaint.

There’s a lot of information that history textbooks don’t cover, including the ways in which systems of inequality continue to impact everyday life. With the MasterClass Annual Membership, get access to exclusive lessons from Angela Davis, Dr. Cornel West, Jelani Cobb, John McWhorter, Kimberlé Crenshaw, Nikole Hannah-Jones, and Sherrilyn Ifill to learn about the forces that have influenced race in the United States.