Fair Housing Act 1968

Fair Housing Act 1968: Definition

The Fair Housing Act is Title VIII of the Civil Rights Act of 1968, which was meant to be an extension of the Civil Rights Act of 1964. The Act prohibited discrimination based on race, religion, national origin, or sex of those attempting to purchase or rent a home.

Fair Housing Act 1968: Summary

Before the Bill was passed in 1968, there had been previous Supreme Court decisions that outlawed discrimination in housing. The decision of Shelley vs. Kraemer in 1948 and Jones vs. Mayer Co. in 1968 prohibited the purposeful denial of housing, either renting or buying, based on the applicant's race.

The court's decision to deny housing based on race was agreed to be a direct violation of the rights guaranteed under the Fourteenth Amendment.

However, even though these were essential court decisions, they often did not reach the people they were supposed to impact. A Bill to address this issue was first introduced in January 1967 and made it through the House of Representatives eight months later in August 1967. Then it was finally approved by the Senate in March 1968, albeit with a few amendments; however, the Bill stalled.

On April 11, 1968, years of protesting and hard work by Civil Rights leaders were finally realized when President Lyndon B. Johnson signed the Civil Rights Act of 1968. The 1968 Act contained a section called Title VIII, called the Fair Housing Act. It's important to note that the Bill is commonly referred to as the Fair Housing Act.

Before we dive into the details of the Bill, let's look at the historical context that made this Bill so impactful.

Suburbanization of America

Before the Civil Rights Movement and the passage of the Civil Rights Bill of 1968, it was commonplace for there to be racially separated neighborhoods. This was significantly exacerbated by the mass suburbanization after World War II, as many people flocked to newly built subdivisions. These subdivisions became known as "Levittowns," named after the Levitt brothers who designed the winding suburban streets filled with quickly-built homes that all looked very similar.

Fig. 1 - A bird's eye view of Levittown, PA

Many white families left the city and bought homes in the suburbs. Often, white families would leave a particular area or neighborhood if an African American family moved in, leading many real estate brokers to refuse to sell homes to African American families in certain regions.

Banks also had a hand in the housing discrimination epidemic. They often refused to grant loans to aspiring homeowners based on where they lived. If they were attempting to buy a home in a predominantly non-white neighborhood, they were likely to be denied in a practice known as redlining.

Most suburban communities were unwelcoming, or often outwardly hostile, towards African American families owning a home next door. The demographics of many large cities had shifted to become populated by a majority of people of color. During this time, there was a rise of slums within urban centers- an important issue that Dr. Martin Luther King Jr focused on during his marches in Chicago.

Housing Discrimination & MLKS work

MLK had been heavily involved in attempting to end housing discrimination, making it a core issue within his Civil Rights platform. He became well-known as the spokesperson, leading non-violent protests and marches to bring attention to the point. His largest protest was the Housing March of 1966 in Chicago. He gave an impassioned speech outlining the discriminatory practices plaguing the housing market.

Despite the well-known issues of discriminatory housing processes, the Bill to address this had been stalled in Congress.

Fig. 2 - President Johnson's meeting with Dr. Martin Luther King, Jr.

The assassination of Martin Luther King Jr. on April 4, 1968, finally provided the final impetus for passing the Bill. When riots sprouted in over 100 cities after his assassination, President Johnson knew he had to act quickly. Johnson implored Congress to move the Civil Rights Act forward and aimed for it to be passed before MLK's funeral was held in Atlanta.

The Bill was not passed before MLK's funeral on April 9 but was passed very soon after, on April 11, 1968.

Fair Housing Act Limitations

After the Bill was passed in 1968, the Department of Housing and Urban Development (HUD) was relegated the power to enforce the points made in the Fair Housing Act. The first director of HUD after the passage of the Fair Housing Act was George Romney.

The issues that the Fair Housing Act aimed to fix had been around for years and went away overnight. While Romney certainly knew this, he faced even more challenges with the direct opposition of President Richard Nixon, who took over after President Johnson's term ended in 1969.

President Nixon repeatedly shut down efforts by Romney, who attempted to enact policies that would lead to integrating neighborhoods and city neighborhoods that had been at the center of many riots over the years.

Romney's term was also mired by how the Fair Housing Act did not extend to discrimination in lending mortgages. This allowed banks to continue discriminatory financial practices, as they could decide not to lend money to certain families to buy a house.

Fair Housing Violation: Example

An example of housing discrimination comes from one of the senators who lobbied to pass the Bill Edward Brooke of Massachusetts with Edward Kennedy, also from Massachusetts. As an African American, Brooks had faced discrimination he was attempting to outlaw firsthand when he faced opposition when trying to rent a home. He had found this especially difficult to accept as a veteran of World War II who, after returning home from service, could not purchase a home in his own country because of his race.

The irony of not being able to buy a home in the country he had fought for was not lost on him nor the many other newly returned African American soldiers who could not buy a house. Discrimination in housing laws affected those in the armed forces and their families at home, who had issues finding housing for loved ones who fought in wars overseas and when they returned home.

Fig. 3 - Senator Edward Brooke. Brooke made history as the first African American to be elected to the Senate by popular vote

Fair Housing Act 1968: Impact

The Fair Housing Act is a direct result of years of work from different organizations fighting to end discrimination in housing.

While there were shortcomings of the Bill, it worked to create a foundation that Civil Rights leaders could work with. The Bill continued to be built upon, with the additions of 1988 known as the Fair Housing Amendments Act (FHAA).

The Fair Housing Act was also the last major legislative Act of the Civil Rights Movement. It solidified the rights of all Americans to own and rent homes wherever they choose, and today remains a vital essential to the Civil Rights Movement.