The federal Fair Housing Act is not our nation’s first fair housing law – that would be the Civil Rights Act of 1866 passed during the Reconstruction Era. But the 1866 law was seldom used. The hurdles individual victims of discrimination had to overcome in order to file a law suit under the CRA of 1866 were so large that hardly anyone could use the law to exercise their rights. As a result, de jure and de facto discrimination created broad scale segregation in virtually all U.S. institutions and industries – including housing.
Housing and residential segregation became a critical priority for those wishing to promote racist ideologies. This is because housing and residential segregation made other forms of segregation – like school segregation and financial segregation – much easier to achieve. Residential segregation also facilitated voting rights violations and make district gerrymandering easier. For this reason, Dr. King and other civil rights leaders pressed for a federal law that would carry with it the backing, weight and power of the federal government. Sadly, that law came as a response to the assassination of Dr. King.
Click through this informative timeline to learn about the history of fair housing in America.
THE HISTORY OF FAIR HOUSING
1863
President Lincoln signs the Emancipation Proclamation
The Emancipation Proclamation granted freedom to all enslaved people held in states that had seceded from the Union. The Proclamation paved the way for the ensuing laws that would expand..Read More
1865
Passage of the Act of Incorporation and Charter for the Freedman’s Saving and Trust Company
Leading abolitionists compelled Congress to establish a banking system for people of color, and in particular, Black soldiers who had no place to keep the compensation they received for their..Read More
President Andrew Johnson declares that the Civil War is “virtually at an end.”
Slavery was a clear impetus for the Civil War and the North’s victory helped pave the way for the abolishment of the institution which deprived Blacks of their freedom and..Read More
December 6, 1865 – 13th Amendment Abolishing Slavery is Ratified
While there were thousands of free Blacks in the U.S., most were enslaved without the right to purchase property, enter into contracts, or exercise many other freedoms enjoyed by Whites...Read More
1866
Civil Rights Act of 1866 Passed by Congress
Overriding President Johnson’s Veto, Congress passed the Civil Rights Act of 1866, which is the nation’s first fair housing law. (Although the Due Process provision of the 5th Amendment, which..Read More
1868
July 9, 1868 – 14th Amendment is Ratified
This constitutional amendment held that states cannot deprive a person of life, liberty or property without due process of law or deny people the equal protection of the laws. The..Read More
1872
1872 – Homestead Act Amended
During the Reconstruction Era, the Homestead Act was amended to add protections for people of color. Homestead grants were issued to citizens who met certain criteria. Since many people of..Read More
1874
1874 – Freedman’s Bank Closes
The 61,000 people who had deposited $3 million (over $63 million in today’s dollars) into the system lost what they had when the bank closed in 1874 due to fraud,..Read More
1877
1877 – Reconstruction Era Ended
The Compromise of 1877 – which allowed for the election of Rutherford B. Hayes as the Republican President of the United States – came the ending of the Reconstruction Era...Read More
1880
April 2, 1880 – Senator Blanche K. Bruce introduces an official Report from the Select Committee on the Freedman’s Savings and Trust Company.
Senator Bruce, a former slave who had become the first African American to serve a full term in the U.S. Senate, was the Chair for the Select Committee on the..Read More
1924
1924 – National Association of Real Estate Boards Code of Ethics Prohibits Integration
Article 34 of Part III of the Code of Ethics, the guiding document for all real estate professionals in the U.S., stated “A Realtor should never be instrumental in introducing..Read More
1932
1932 –Real Estate Experts Continue to Espouse the Benefits of Segregation
Noted real estate expert, Frederick M. Babcock – who helped start the Federal Housing Administration – wrote in The Valuation of Real Estate, in the chapter entitled “Influence of Social..Read More
1933
1933 – Homer Hoyt Develops Racial Hierarchy for Real Estate Professionals
Hoyt, the first Principal Housing Economist for the Federal Housing Administration, perfected a system of ranking races and nationalities in order to illustrate their beneficial effect or negative impact on..Read More
1933 – Home Owners Loan Corporation Established
1934
1934 – Federal Housing Administration Established
1936
1936 – FHA Underwriting Manual Promotes Racial Segregation
Frederick Babcock and Homer Hoyt are credited with establishing the first Underwriting Manual for FHA. The Manual promoted racial segregation touting the use of racially restrictive covenants to guarantee the..Read More
1967
President Johnson Appoints the Kerner Commission
Following nationwide race riots that had been occuring in Black and Latino neighborhoods between 1965 and 1967, President Lyndon B. Johnson appointed what is now popularly known as the Kerner..Read More
1968
April 4, 1968 – Dr. Martin Luther King, Jr. is Assassinated
Dr. Martin Luther King Jr. was assassinated at the Lorraine Motel in Memphis, Tennessee.
April 11, 1968 – President Johnson Signs the Fair Housing Act
The Fair Housing Act, written by Walter Mondale, a Democrat senator from Minnesota, and Edward Brooke, a Republican senator from Massachusetts, had been languishing in Congress for years. Following the..Read More
Jones v. Mayer is Decided by the Supreme Court
A landmark United States Supreme Court case which held that Congress could regulate the sale of private property in order to prevent racial discrimination: “42 U.S.C. § 1982 bars all..Read More
1972
Trafficante v. Metropolitan Life Insurance is Decided by the Supreme Court
The U.S. Supreme Court offered important judicial guidance on interpreting the Fair Housing Act, ruling that current tenants in a large apartment complex had standing to sue their landlord for..Read More
1974
August 22, 1974 – Fair Housing Act Amended to Include Sex
FHA was amended to add the protected class of “sex,” at a time when legislative strides were made to afford women equal opportunity to the housing and credit markets. Click..Read More
1976
1976 – Hills v. Gautreaux Decided by the Supreme Court
In the nation’s first public housing desegregation lawsuit, the Supreme Court ruled HUD can be ordered to adopt a housing assistance plan that ignores municipal boundaries. After knowingly funding the..Read More
1977
1977 – Arlington Heights v. Metropolitan Housing Corp. Decided by the Supreme Court
Respondents in this case were challenging petitioner’s denial of requests for rezoning, alleging that the denials were racially discriminatory. The Court determined that, while Arlington’s zoning denial may result in..Read More
1982
Havens Realty Corp. v. Coleman Decided by the Supreme Court
This case was brought by a group of complainants, including a prospective renter, two testers, and a fair housing organization. This landmark Supreme Court decision provided standing to both testers..Read More
1985
Shellhammer v. Lewallen 6th Circ. Decision
Shellhammer was the first federal case to hold that sexual harassment in housing violates the FHA. The owner of the tenant’s building asked her to pose for nude photos. When..Read More
1987
U.S. v. Yonkers 2nd Cir. Decision
A landmark decision simultaneously finding that Yonkers and Yonkers Public Schools intentionally segregated housing and schools, based on race, for 40 years. This case was unique because it merged housing..Read More
1988
National Fair Housing Alliance Founded
Founded in 1988 and headquartered in Washington DC, the National Fair Housing Alliance (NFHA) is the only national organization dedicated solely to ending discrimination in housing. NFHA works to eliminate..Read More
President Reagan Signs Fair Housing Amendments Act
The Fair Housing Amendments Act was passed which endowed the law with powerful enforcement mechanisms and added protected classes of disability and familial status.
1999
Olmstead v. L.C. Decided By The Supreme Court
The Olmstead case was brought by two women with disabilities, Elaine Wilson and Louis Curtis, who were voluntarily admitted to the psychiatric unit of a state-run hospital in Georgia. After..Read More
2008
National Commission on Fair Housing and Equal Opportunity Issues Report
The National Commission on Fair Housing and Equal Opportunity, chaired by Henry Cisneros and Jack Kemp, issues “The Future of Fair Housing” report, which detailed the findings of a national,..Read More
2013
HUD passes Disparate Impact Regulations
By issuing its Disparate Impact regulations, HUD formalized “its long-held recognition of discriminatory effects liability under the Act and, for purposes of providing consistency nationwide, formalizes a burden-shifting test for..Read More
2015
Supreme Court Upholds Disparate Impact Under the Fair Housing Act
On June 25, 2015, the U.S. Supreme Court, in a 5-4 decision written by Justice Kennedy, upheld the disparate impact doctrine under the Fair Housing Act. This precedent-setting opinion affirmed..Read More