What is Fair Housing?

The Fair Housing Act of 1968 was the last of the Civil Rights Movement’s important legislative initiatives passed in the tumultuous 1960’s.

Following the Civil Rights Act of 1964 which addressed public accommodations, and the Voting Rights Act of 1965 which addressed voting rights, the Fair Housing Act of 1968 was passed and signed into law on April 11, 1968 just a week after the murder of the Rev. Dr. Martin Luther King, Jr. It is often stated and believed that the assassination of Dr. King was the final event that led to the passage of the act. The act is officially known as the Fair Housing Act of 1968.

The Fair Housing Act prohibits discrimination in housing on the basis of: race or color, national origin, religion, sex. In the sale and rental of housing it is prohibited to refuse to rent or sell housing, refuse to negotiate for housing, make housing unavailable, deny a dwelling, set different terms, conditions or privileges for sale or rental of a dwelling, provide different housing services or facilities.

In 1988, the Fair Housing Amendments of 1988 were passed and this expanded coverage of Fair Housing Act to prohibit discrimination in housing practices based on disability and familial status. The act established design and construction requirements for multi-family housing (consisting of four or more dwelling units) built for first occupancy after March 13, 1991. In summary, the amendments accomplished the following:

  • Barred discrimination in the sale or rental of housing on the basis of a disability, and requires the design and construction of new covered multifamily dwellings to meet certain adaptability and accessibility requirements
  • Barred discrimination in the sale or rental of housing because there are children in a family, but exempts housing for older persons, e.g., Section 202 housing
  • Modified the definition of a discriminatory housing practice to include acts of interfering, coercing, threatening or intimidating a person in the exercise or enjoyment of his/her rights as protected by Sections 804, 805 and 806 of this act
  • Provided HUD with the ability to initiate complaints;
  • Provided an aggrieved person one year after an alleged discriminatory housing practice in which to file a complaint with HUD, and two years to file a complaint in court;
  • Required HUD to complete a Title VIII investigation and conciliation efforts within 100 days after the filing of the complaint, unless it is impracticable to do so. HUD can also seek preliminary or temporary relief including temporary restraining orders where such actions are necessary to carry out the purpose of the law;
  • Provided HUD with new enforcement authority for handling complaints of discrimination in the sale or rental of housing; If after investigation HUD finds reasonable cause to believe that a violation has occurred, the department issues a charge on behalf of the aggrieved person; After HUD issues a charge, the parties have the option to elect the forum, i.e., the option of a proceeding before an Administrative Law Judge (ALJ) with an appeal to a federal appeals court, or a trial in federal district court. The election must be made not later than 20 days after service of the charge; If the administrative hearing is elected and discriminatory conduct is found, the ALJ is authorized to issue an order for relief as may be appropriate, including actionable damages and injunctive or other equitable relief and civil penalties. The ALJ’s order maybe reviewed by HUD within 30 days after issuance; otherwise, the order becomes final;
  • If a jury trial is elected, the complainant will be represented by an attorney from the U.S. Department of Justice. In these cases, the relief that may be granted includes permanent or temporary injunction, restraining order or other relief including monetary damages and civil penalties;
  • Expanded Department of Justice (DOJ) litigation authority from pattern and practice cases to include individual acts of discrimination;
  • The authority of DOJ to commence a civil action for appropriate relief with respect to breach of a conciliation agreement is also clarified.
  • On those civil actions handled by DOJ, the relief that may be granted includes permanent or temporary injunction, restraining order or other relief including monetary damages and civil penalties.
  • DOJ may intervene in a private action if the case is of general public importance provides that any state or local fair housing agency may become certified if HUD determines that (1) the substantive rights protected by the agency, (2) the procedures followed, (3) the remedies available and (4) the availability of judicial review are substantially equivalent to that of Title VIII
  • State and local agencies certified, prior to enactment of the act, will be grand fathered into the referral process for up to 40 months (which the secretary may, in certain circumstances, extend for 8 additional months). This certification does not apply to referral of cases received under the two new protected classes. (Note: the term “certified” includes all fully recognized and interim referral status agencies).
  • Clarified that federal agencies with regulatory supervisory authority for financial institutions, e.g., FDIC, are also required to cooperate with HUD by administering their programs in a manner to affirmatively further fair housing
  • Required HUD to prepare an annual report to the congress on progress in eliminating housing discrimination
  • Required HUD to make data available to the public on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households eligible for or assisted by HUD programs
  • Required HUD to issue regulations implementing this act within 180 days of enactment
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