Housing discrimination (United States)

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Housing discrimination in the United States began after the abolition of slavery, typically as part of the "Jim Crow laws" that enforced racial segregation. The federal government began to take action against these laws in 1917, when the Supreme Court ruled in Buchanan v. Warley ruled that an ordinance prohibiting blacks from occupying or owning buildings in majority-white neighborhoods, was unconstitutional.

Housing discrimination refers to patterns of discrimination that affect a person's ability to rent or buy housing.

Slavery System under which people are treated as property to be bought and sold, and are forced to work

Slavery is any system in which principles of property law are applied to people, allowing individuals to own, buy and sell other individuals, as a de jure form of property. A slave is unable to withdraw unilaterally from such an arrangement and works without remuneration. Many scholars now use the term chattel slavery to refer to this specific sense of legalised, de jure slavery. In a broader sense, however, the word slavery may also refer to any situation in which an individual is de facto forced to work against their own will. Scholars also use the more generic terms such as unfree labour or forced labour to refer to such situations. However, and especially under slavery in broader senses of the word, slaves may have some rights and protections according to laws or customs.

Jim Crow laws were state and local laws that enforced racial segregation in the Southern United States. All were enacted in the late 19th and early 20th centuries by white Democratic-dominated state legislatures after the Reconstruction period. The laws were enforced until 1965. In practice, Jim Crow laws mandated racial segregation in all public facilities in the states of the former Confederate States of America, starting in the 1870s and 1880s, and were upheld in 1896, by the U.S. Supreme Court's "separate but equal" legal doctrine for facilities for African Americans, established with the court's decision in the case of Plessy vs. Ferguson. Moreover, public education had essentially been segregated since its establishment in most of the South, after the Civil War (1861–65).

Contents

The Civil Rights Act of 1968 included legislation known as the Fair Housing Act, which made it unlawful for a landlord to discriminate against or show preference towards, a potential tenant's race, color, religion, gender, or national origin, when advertising or negotiating the sale or rental of housing. Such protections have also been extended to other "protected classes", including disabilities and familial status. Despite these efforts, studies have shown that housing discrimination still exists. [1]

Civil Rights Act of 1968 United States law

The Civil Rights Act of 1968,, is a landmark part of legislation in the United States that provided for equal housing opportunities regardless of race, religion, or national origin and made it a federal crime to "by force or by threat of force, injure, intimidate, or interfere with anyone … by reason of their race, color, religion, or national origin, handicap or familial status." The Act was signed into law during the King assassination riots by President Lyndon B. Johnson, who had previously signed the Civil Rights Act and Voting Rights Act into law.

Fair Housing Act United States law

The 1968 Fair Housing Act is a federal act in the United States intended to protect the buyer or renter of a dwelling from seller or landlord discrimination. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a protected class. The goal is a unitary housing market in which a person's background does not arbitrarily restrict access. Calls for open housing were issued early in the twentieth century, but it was not until after World War II that concerted efforts to achieve it were undertaken. The fair housing act played an important part in the Civil rights movement causing people to see how they needed to give African Americans equal rights with things including fair housing.

History

After the end of the Civil War and the abolition of slavery, Jim Crow laws were introduced. [2] These laws led to the discrimination of racial and ethnic minorities, especially African Americans. Fifteen state courts obeyed ordinances that enforced the denial of housing to African American and other minority groups in white-zoned areas. In the 1917 Supreme Court case Buchanan v. Warley , the court ruled that a Louisville, Kentucky ordinance prohibiting blacks from owning or occupying buildings in a majority-white neighborhood, and vice versa, was unconstitutional. Following this decision, however, nineteen states legally supported "covenants," or agreements, between property owners to not rent or sell any homes to racial or ethnic minorities. Although the covenants, too, were made illegal in 1948, they were still allowed to be present in private deeds. [3] It was not until the Fair Housing Act, enacted as Title VIII of the Civil Rights Act of 1968, that the federal government made its first concrete steps to deem all types of housing discrimination unconstitutional. [4] The act explicitly prohibits housing discrimination practices common at the time, including filtering information about a home's availability, racial steering, blockbusting, and redlining. [5]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.

Buchanan v. Warley, 245 U.S. 60 (1916), is a case in which the Supreme Court of the United States addressed civil government-instituted racial segregation in residential areas. The Court held unanimously that a Louisville, Kentucky city ordinance prohibiting the sale of real property to blacks in white-majority neighborhoods or buildings and vice versa violated the Fourteenth Amendment's protections for freedom of contract. The ruling of the Kentucky Court of Appeals was thus reversed.

Louisville, Kentucky City in Kentucky

Louisville is the largest city in the Commonwealth of Kentucky and the 29th most-populous city in the United States. It is one of two cities in Kentucky designated as first-class, the other being Lexington, the state's second-largest city. Louisville is the historical seat and, since 2003, the nominal seat of Jefferson County, located in the northern region of the state, on the border with Indiana.

Fair Housing Act

The Fair Housing Act was passed at the urging of President Lyndon B. Johnson. Congress passed the federal Fair Housing Act (codified at 42 U.S.C. 3601-3619, penalties for violation at 42 U.S.C. 3631), Title VIII of the Civil Rights Act of 1968, only one week after the assassination of Martin Luther King, Jr.

President of the United States Head of state and of government of the United States

The President of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.

Lyndon B. Johnson 36th president of the United States

Lyndon Baines Johnson, often referred to as LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. Formerly the 37th vice president of the United States from 1961 to 1963, he assumed the presidency following the assassination of President John F. Kennedy. A Democrat from Texas, Johnson also served as a United States Representative and as the Majority Leader in the United States Senate. Johnson is one of only four people who have served in all four federal elected positions.

United States Congress Legislature of the United States

The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of Representatives and the Senate.

The Fair Housing Act introduced meaningful federal enforcement mechanisms. It outlawed:

When the Fair Housing Act was first enacted, it prohibited discrimination only on the basis of race, color, religion, sex, and national origin. [6] In 1988, disability and familial status (the presence or anticipated presence of children under 18 in a household) were added (further codified in the Americans with Disabilities Act of 1990). [6] In certain circumstances, the law allows limited exceptions for discrimination based on sex, religion, or familial status. [7]

The United States Department of Housing and Urban Development is the federal executive department with the statutory authority to administer and enforce the Fair Housing Act. The Secretary of Housing and Urban Development has delegated fair housing enforcement and compliance activities to HUD's Office of Fair Housing and Equal Opportunity (FHEO) and HUD's Office of General Counsel. FHEO is one of the United States' largest federal civil rights agencies. It has a staff of more than 600 people located in 54 offices around the United States. As of June 2014, the head of FHEO is Assistant Secretary for Fair Housing and Equal Opportunity Gustavo Velasquez, whose appointment was confirmed on June 19, 2014. [8]

United States Department of Housing and Urban Development Cabinet department in the Executive branch of the United States federal government

The United States Department of Housing and Urban Development (HUD) is a Cabinet department in the Executive branch of the United States federal government. Although its beginnings were in the House and Home Financing Agency, it was founded as a Cabinet department in 1965, as part of the "Great Society" program of President Lyndon Johnson, to develop and execute policies on housing and metropolises.

The United States federal executive departments are the principal units of the executive branch of the federal government of the United States. They are analogous to ministries common in parliamentary or semi-presidential systems but they are led by a head of government who is also the head of state. The executive departments are the administrative arms of the President of the United States. There are currently 15 executive departments.

The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies that make sure all Americans have equal access to the housing of their choice.

Individuals who believe they have experienced housing discrimination can file a complaint with FHEO at no charge. FHEO funds and has working agreements with many state and local governmental agencies where "substantially equivalent" fair housing laws are in place. Under these agreements, FHEO refers complaints to the state or locality where the alleged incident occurred, and those agencies investigate and process the case instead of FHEO. This is known as FHEO's Fair Housing Assistance Program (or "FHAP").

There is also a network of private, non-profit fair housing advocacy organizations throughout the country. Some are funded by FHEO's Fair Housing Initiatives Program (or "FHIP"), and some operate with private donations or grants from other sources.

Victims of housing discrimination need not go through HUD or any other governmental agency to pursue their rights, however. The Fair Housing Act confers jurisdiction to hear cases on federal district courts. The United States Department of Justice also has jurisdiction to file cases on behalf of the United States where there is a pattern and practice of discrimination or where HUD has found discrimination in a case and either party elects to go to federal court instead of continuing in the HUD administrative process.

The Fair Housing Act applies to landlords renting or leasing space in their primary residence only if the residence contains living quarters occupied or intended to be occupied by three or more other families living independently of each other, such as an owner-occupied rooming house.

Enforcement

The Fair Housing Act has been strengthened since its adoption in 1968, but enforcement continues to be a concern among housing advocates. According to a 2010 evaluation of Analysis of Impediments (AI) reports done by the Government Accountability Office, enforcement is particularly inconsistent across local jurisdictions. [9]

Subsequent developments

The federal government has passed other initiatives in addition to the Fair Housing Act of 1968. The Equal Credit Opportunity Act of 1974 and Community Reinvestment Act of 1977 helped with discrimination in mortgage lending and lenders' problems with credit needs. [10] The Fair Housing Amendments Act of 1988 was passed to give the federal government the power to enforce the original Fair Housing Act to correct past problems with enforcement. [11] The amendment established a system of administrative law judges to hear cases brought to them by the United States Department of Housing and Urban Development and to levy fines. [12] Because of the relationship between housing discrimination cases and private agencies, the federal government passed the two initiatives. The Fair Housing Assistance Program of 1984 was passed to assist public agencies with processing complaints, and the Fair Housing Initiatives program of 1986 supported private and public fair housing agencies in their activities, such as auditing. [11] Between 1990 and 2001 these two programs have resulted in over one thousand housing discrimination lawsuits and over $155 million in financial recovery. [11] However, the lawsuits and financial recoveries generated from fair housing discrimination cases only scratches the surface of all instances of discrimination. Silverman and Patterson concluded that the underfunding and poor implementation of federal, state and local policies designed to address housing discrimination results in less than 1% of all instances of discrimination being addressed. [13] Moreover, they found that local nonprofits and administrators responsible for enforcing fair housing laws had a tendency to downplay discrimination based on family status and race when designing implementation strategies. [14]

Some states have passed laws on top of the Fair Housing Act that also outlaw housing discrimination based on the source of funding, particularly to combat landlords who openly refuse to serve tenants using Section 8 vouchers. [15]

The United States Census has shown that ethnic and racial minorities living in concentrated, high-poverty areas had actually increased following the passage of the Fair Housing Act from 1970 to 1990. [16] African-Americans residing in these areas rose from 16 percent to 24 percent, and Hispanics living in these areas have increased from 10 percent to 15 percent. [17] While this does not necessarily point to evidence of housing discrimination, it does mirror the phenomenon of white flight—the mass exodus during the 1970s and '80s of European-Americans from cities to the suburbs that left only one-fourth of the Anglo population still living in metropolitan areas. American sociologist Douglas Massey, in his essay, "The New Geography of Inequality in Urban America", argues that this new racial geography in the United States has laid the foundation for housing discrimination to occur in order to keep up the status quo. [17]

Types

A study conducted by the U.S. Department of Housing and Urban Development (HUD) found that "the greatest share of discrimination for Hispanic and African American home seekers can still be attributed to being told units are unavailable when they are available to non-Hispanic whites and being shown and told about less units than a comparable non-minority." [18] Consumer advocate groups conducted studies and found that many minority borrowers who were eligible for affordable, traditional loans were often steered toward incredibly high-priced subprime loans that they would never be able to repay. [19]

Disparate impact

In addition to these types of housing discrimination, certain policies that do not discriminate on its face have also been found to cause housing discrimination in the United States. Disparate impact is a facially neutral housing policy that negatively impacts minorities or other protected groups of people. [20] Disparate impact was not always looked at in the housing context. It was first applied in housing discrimination in 2015 when the Court found Congress had intended to include liability for disparate impact discrimination in the Fair Housing Act and its recognition is consistent with the central purpose of the Act since it was amended in 1988. [21] After that case, HUD began recognizing many types of disparate impact treatment. For example, HUD published a statement concluding that blanket prohibitions against tenants with criminal convictions would constitute disparate impact housing discrimination because incarceration rates in the United States are disproportionate between minorities and non-minorities. [22] Disparate impact remains controversial as some feel that their freedom in implementing policies and rules is now limited due to the fear of unintended consequences of rules that originally had no discriminatory intent. [23]

Housing discrimination practices of today

Professor of Public Administration and Economics [24] and expert in the field of housing discrimination studies, John Yinger, argues that discriminatory housing practices in the housing market have led to segregation and can be interpreted as forms of modern-day discrimination. One important example cited is of realtors opting to place public housing in crowded inner city minority neighborhoods instead of those with an Anglo majority due to "public and political pressure." [25] Other housing phenomena that Yinger argues encourage segregation are those of sorting and bidding in which bidders perceived to be higher-class win out on cheaper per-square-foot, larger homes farther away from inner cities. [11] The study done by the U.S. Housing Scholars adds that school zoning has also been named a culprit for housing segregation, and may be used as a critical venue for housing discrimination. It also cites the Internet as yet another means for the perpetuation of housing discrimination that is, as of now, unrestricted by the provisions of the Fair Housing Act. While the Fair Housing Act strictly prohibits any sellers from using language that explicitly names a preference for a certain group, third-party sellers that use sites like Craigslist.com and Roommates.com to find buyers or renters are granted immunity from the FHA, and the websites are not held liable. This was cemented by the 2004 court case, Fair Housing Council of San Fernando Valley v. Roommates.com, LLC , in which Roommates.com was not held liable for users with advertisements such as, 'looking for White Christian Male,' since the website did not have the resources to monitor and censor such usage. [26]

LGBT housing discrimination

States that prohibit housing discrimination based on sexual orientation or gender identity. HUD regulations require all housing providers that receive HUD funding not to discriminate against an individual's sexual orientation or gender identity.
Prohibits housing discrimination based on sexual orientation and gender identity
Prohibits housing discrimination based on sexual orientation only
Does not factor sexual orientation or gender identity/unclear US LGBT housing discrimination.svg
States that prohibit housing discrimination based on sexual orientation or gender identity. HUD regulations require all housing providers that receive HUD funding not to discriminate against an individual's sexual orientation or gender identity.
  Prohibits housing discrimination based on sexual orientation and gender identity
  Prohibits housing discrimination based on sexual orientation only
  Does not factor sexual orientation or gender identity/unclear

Housing discrimination focuses more on race, but recent studies have shown a growing trend toward discrimination in the housing market against those who identify themselves as gay, lesbian, or transgender. Since housing discrimination based on sexual orientation was not explicitly cited in the Fair Housing Act, as of 2007, it was banned only in 17 states. In all states, same-sex couples are frequently unable to apply to public housing as a family unit, thus decreasing their chances at being accepted into the program. [27] For instance, in comprehensive study done by the Fair Housing Centers of Michigan in 2007, statistics showed that out of 120 paired-tests, almost 30 percent of same-sex couples were given higher rental rates and less encouragement to rent, both examples of nonexclusionary housing discrimination. [28] An HUD study released in 2011 surveyed of 6,450 transgender and gender non-conforming persons and found that "19 percent reported having been refused a house or an apartment because of gender identity." [29]

On January 30, 2012, HUD Secretary Shaun Donovan announced new regulations that would require all housing providers that receive HUD funding to prevent housing discrimination based on sexual orientation or gender identity. [30] These regulations went into effect on March 5, 2012. [31]

Ethnic and racial minority housing discrimination

Ethnic and racial minorities are impacted the most by housing discrimination. Exclusionary discrimination against African Americans most often occurs in rental markets and sales markets. Families are vulnerable to exclusion, but African American women are especially overrepresented as victims, especially single African American mothers. This discriminatory exclusion is because of stereotypes concerning race and single women. The presence of children in a minority family at times is what warrants the discrimination. [32] African Americans are also the victims in most nonexclusionary cases, with African American women still overrepresented. Nonexclusionary forms of discrimination such as racial slurs and intimidation affect many minority victims. Some racial minorities suffer the purposeful neglect of service needs, such as a landlord fixing a white tenant's bathtub quickly but delaying fixing the bathtub of the minority tenant. [33] Data obtained by Ohio Civil Rights Commission studied housing discrimination cases between 1988 and 2003, and of the 2,176 cases filed, 1,741 were filed by African Americans. [33] A study by HUD released in 2005 found that more and more Hispanics are facing discrimination in their housing searches. [18] A 2011 article by HUD asserts that one out of five times, Asian Americans and Pacific Islanders receive less favorable treatment than others when they seek housing. [34] Some cases brought to the Department of Justice show that municipalities and other local government entities violated the Fair Housing Act of 1968 when they denied African Americans housing, permits, and zoning changes, or steered them toward neighborhoods with a predominantly minority population. [10]

Empirical evidence

Quasi-experimental audit studies, in which equally qualified individuals of different races both participate in housing searches, have found strong evidence of racial housing discrimination in the United States. [35]

Demographics

According to the U.S. Census of Population in 1990, 25.3 percent of all Anglo-Americans in the U.S. lived in central city areas. The percentage of African Americans living in inner cities was 56.9 percent, and the percentage of inner city Hispanics was 51.5 percent. Asian Americans living in central cities totaled 46.3 percent. According to a more recent U.S. Census Bureau study in 2002, the average white person living in a metropolitan area lives in a neighborhood that is 80 percent Anglo and seven percent black, while the average African American lives in a neighborhood that is 33 percent white and more than 51 percent black. As of 2000, 75 percent of all African Americans lived in highly segregated communities, making them the most segregated group in the nation. [36] These statistics do not necessarily point to evidence of housing discrimination, but rather to segregation based on historical reasons which have made ethnic and racial minorities more economically deprived, and thus prone to living in more poverty-stricken inner city areas.

HUD study

In a comprehensive study by the HUD in 2000, paired-tests (in which two applicants of different races but the same economic status and credit scores apply to rent or buy a house) were used to determine whether or not statistics about segregation truly pointed to housing discrimination. This study reported that although adverse treatment of racial and ethnic minorities has decreased over time, roughly 25 percent of white applicants were still favored above those who were African-American or Hispanic. About 17 percent of African American applicants and 20 percent of Hispanic applicants were subjected to adverse treatment, including receiving less information about a home or being shown fewer, lower-quality units. [37]

Effects of housing discrimination

John Yinger, a sociologist who has studied housing discrimination, argues that it is something perhaps most concretely evidenced by its effects: concentrated poverty. People who suffer from housing discrimination often live in lower-quality housing. Housing inequalities often reflect the unequal distribution of income. Poor areas suffer from educational disparities, and a poor education translates into earnings disparities. Those who earn less can only afford lower-quality housing. [11] Segregation, health risks, and wealth disparities all relate to poverty. [1]

Residential segregation

Perhaps the most unmistakable consequence of housing discrimination is residential segregation. Housing discrimination helps reinforce residential segregation through mortgage discrimination, redlining, and predatory lending practices. Racial avoidance and threats of violence also result in racial segregation. [1] Housing discrimination can also impact minority preferences over time, as individuals or families experiencing harassment and intimidation at their home on a daily basis may transition to more accepting neighborhoods. [33]

Health

Health risks are a consequence of housing discrimination. Those suffering housing discrimination and people living below the poverty threshold often rent small or low-quality housing. Lead paint left over from past years and animal pests, such as rats, can be found in older housing, resulting in serious health consequences. Lead can lead to lowered intelligence in children. [38] Asthma is also a problem that comes with lower-quality housing, since more air pollution, dust, mold, and mildew are more likely to occur. [11]

Neighborhood

Neighborhood effects are also seen due to housing discrimination and residential segregation. The housing inequality that comes with living in lower-quality housing means that neighborhood amenities are lacking. [39] Poorer areas offer worse education, leading to educational and employment disadvantages and a higher school dropout rate. Schools are often segregated due to the effects of housing discrimination and residential segregation, in turn hindering students' educational performance. A study conducted by the Century Foundation in Montgomery County, Md., showed that students from a low-income background enrolled in affluent schools did better than students in higher-poverty schools. [40] Criminal activity, including gang life and drug abuse, is also more prevalent in poorer areas. The rate of teenage pregnancy has been shown to increase in these areas as well. [41]

Wealth disparities

Sociologists Thomas Shapiro and Jessica Kenty-Drane state that wealth disparities are also a result of housing discrimination, as housing discrimination acts as a barrier to homeownership. Homeowners may learn management and home repair skills, and the children of homeowners are less likely to drop out of high school or to have children as teenagers. Additionally, credit constraints limit homeownership for people with low income. Housing discrimination that keeps families from affordable loans and nicer areas with increasing property values keep victims from accumulating wealth. [11] Residential segregation also leads to generational wealth disparities. Children often inherit wealth from their parents, and if parents were forced into poor-quality housing because of housing discrimination, then there is less wealth to hand down. [1]

Possible solutions

Sociologist Douglas Massey argues that housing discrimination is a moving target. [17] As federal legislation concerning anti-housing discrimination policies become more effective, new forms of housing discrimination have emerged to perpetuate residential segregation, and in turn, poverty. [33]

There have been a number of solutions proposed to finally end the threat of housing discrimination and eliminate any legal loopholes in which it may operate. So far fair housing enforcement of federal legislation concerning housing discrimination has faced challenges. The main burden of enforcement falls on federal financial regulatory institutions, like the Federal Reserve Board, and the HUD. [11] The enforcement provisions of the Fair Housing Act of 1968 were limited, and even though the act was amended in 1988, there are still problems with enforcement since housing discrimination often happens one-on-one and is not very visible, even in audits. [11] The Fair Housing Amendment Act of 1988 did make a system of administrative law judges to hear housing discrimination cases to help against the illegal actions. Other examples of federal legislation may include increased federal legislation enforcement, scattered-site housing, [11] or state and local enforcement on a more concentrated level. [26] Better methods of enforcement in addition to new policies are proposed to be a help. In 2010 the Justice Department under President Barack Obama made a new fair-lending unit. [19]

Inclusionary remedies to truly enforce integration are also proposed. Inclusionary housing refers to making sure that areas are integrated, and inclusionary housing increases chances for racial minorities to gain and sustain employment. [41] Recently Montgomery County, Md., passed an ordinance to require new housing developments to consist of a percentage of moderately priced dwelling units, guaranteeing more affordable better housing for 10 years. [42]

Other proposed solutions include subsidies, such as direct subsidies, project-based subsidies, household-based subsidies, and tax reductions. [11] As of 2001, only 15.7 percent of poor households received federal housing subsidies, meaning a majority of people in poor households did not receive that help. Household-based subsidies have been a significant source of new housing assistance as of late. [11] HUD has handed out housing certificates to allow participants of Section 8 to move into higher-quality housing units. [11]

It is important to prioritize policy and city planning. Planning for sustainability does not come with a one-size fits all approach; wicked problems persist without clarity or solutions. However, looking beyond urban regimes and accepting the nexus of these regimes is the first step for change that planners can take. This can be done through the notion of Equitable Development, an approach that aims to create communities of opportunity. Inequalities oppressing low-income communities composed of diverse ethnicities are not only unethical but prove to be economically and environmentally unsustainable. Partnership between government, private sectors, and community-based organizations to manipulate public policy for the promotion of social equity, as well as, economic growth and environmental sustainability are crucial for justice. [43]

See also

Footnotes

  1. 1 2 3 4 Shapiro, Thomas and Jessica Kenty-Drane. 2005. "The Racial Wealth Gap," in Cecilia A. Conrad, John Whitehead, Patrick Mason, and James Steward (eds.) African Americans in the U.S. Economy. pp. 175- 181, Lanham: Rowman and Littlefield Publishers, Inc. ISBN   0-7425-4378-1
  2. "Jim Crow Museum: Origins of Jim Crow" . Retrieved 23 February 2017.
  3. Silver, Christopher (1997). "The Racial Origins of Zoning in American Cities". In Thomas, J. M.; Ritzdorf, M.. Urban Planning & the African American Community: In the Shadows. Thousand Oaks, CA: SAGE Publ.. ISBN   0-8039-7233-4.
  4. "President Signs Civil Rights Bill; Pleads for Calm" New York Times, April 12, 1968.
  5. Yinger, John. 1998. "Closed Doors Opportunities Lost: the continuing cost of housing Discrimination." New York: Russell Sage Foundation ISBN   0-87154-968-9
  6. 1 2 "Title VIII: Fair Housing and Equal Opportunity - HUD" . Retrieved 23 February 2017.
  7. "Fair Housing is Everyone's Right!". Craigslist. Retrieved October 25, 2007.
  8. "PN1349 — Gustavo Velasquez Aguilar". Congress.gov.
  9. US Government Accountability Office (2010). "Housing and community grants: HUD needs to enhance its requirements and oversight of jurisdictions' fair housing plans".
  10. 1 2 http://www.justice.gov/crt/about/hce/housing_coverage.php Department of Justice
  11. 1 2 3 4 5 6 7 8 9 10 11 12 13 Yinger, John. 2001. “Housing Discrimination and Residential Segregation as Causes of Poverty,” in Sheldon H. Danzinger and Robert H. Haveman, eds. Understanding Poverty. New York: Russell Sage Foundation, ISBN   0-674-00876-6 pp. 382 ff
  12. "Fair Housing -- It's Your Right - HUD" . Retrieved 23 February 2017.
  13. Silverman, Robert Mark and Patterson, Kelly L. 2012. "The Four Horsemen of the Fair Housing Apocalypse: A Critique of Fair Housing Policy in the USA." Critical Sociology 38(1): 123-140.
  14. Patterson, Kelly L. and Robert Mark Silverman. 2011. "How Local Public Administrators, Nonprofit Providers and Elected Officials Perceive Impediments to Fair Housing in the Suburbs: An Analysis of Erie County, New York," Housing Policy Debate 21(1): 165-188.
  15. "A pervasive form of housing discrimination that's still legal". Washington Post. Retrieved 2019-03-31.
  16. https://www.census.gov/ U.S. Census
  17. 1 2 3 Massey, Douglas S. 2004. "The New Geography of Inequality in Urban America," in C.Michael Henry, ed. Race, Poverty, and Domestic Policy. New Haven: Yale University Press ISBN   0-300-09541-4
  18. 1 2 "Discrimination in Metropolitan Housing Markets: National Results from Phase 1, Phase 2, and Phase 3 of the Housing Discrimination Study (HDS) - HUD USER" . Retrieved 23 February 2017.
  19. 1 2 "Fair Lending and Accountability" New York Times, September 7, 2011.
  20. "Section VII- Proving Discrimination- Disparate Impact | CRT | Department of Justice". www.justice.gov. Retrieved 28 November 2017.
  21. "Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc" (PDF). The United States Department of Justice. p. 3. Retrieved 28 November 2017.
  22. "Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions" (PDF). U.S. Department of Housing and Urban Development. pp. 3–4. Retrieved 28 November 2017.
  23. "Testimony of Roger Clegg" (PDF). Committee on the Judiciary. Retrieved 28 November 2017.
  24. "John Yinger Professor of Public Administration and Economics" . Retrieved 23 February 2017.
  25. Russell, Marcia C. 2008. Fair Housing. Dearborn: Real Estate Education Company.
  26. 1 2 "PRRAC - Poverty & Race Research Action Council" . Retrieved 23 February 2017.
  27. Cahil, Sean and Sarah Tobias. 2007. Policy Issues Affecting Gay, Lesbian, Bisexual, and Transgender Families. Illinois: University of Michigan Press, 2007, ISBN   0-472-03061-2
  28. "Fair Housing Commission of Michigan". 2008. Accessed December 3, 2010. <www.fhcm.org>
  29. HUD Addresses LGBT Housing Discrimination October 13, 2011 http://www.whitehouse.gov/blog/2011/10/13/hud-addresses-lgbt-housing-discrimination
  30. "HUD Secretary Shaun Donovan announces new regulations to ensure equal access to housing for all Americans regardless of sexual orientation or gender identity" (Press release). United States Department of Housing and Urban Development. January 30, 2012. Retrieved March 6, 2012.
  31. "Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity" (PDF). Federal Register . February 3, 2012. Retrieved March 6, 2012.
  32. South, S. J., & Crowder, K. D. (1998). Housing discrimination and residential mobility: Impacts for blacks and whites. Population Research and Policy Review, 17(4), 369-369-387.
  33. 1 2 3 4 Roscigno, Vincent J., Diana L. Karafin, and Griff Tester, 2009 “The Complexities and Processes of Racial Housing Discrimination,” Social Problems, Vol. 56, No. 1. University of California Press. pp.49-69.
  34. HUD Let's Put an End to Housing Discrimination http://www.whitehouse.gov/blog/2011/05/12/let-s-put-end-housing-discrimination May 12, 2011
  35. Pager, Devah; Shepherd, Hana (2008-01-01). "The Sociology of Discrimination: Racial Discrimination in Employment, Housing, Credit, and Consumer Markets". Annual Review of Sociology. 34: 181–209. PMC   2915460 . PMID   20689680.
  36. Committee on National Statistics. 2002. "Measuring Housing Discrimination in a National Study". Angela Williams Foster, Faith Mitchell, and Stephen E. Fienberg (eds.) Washington, D.C.: National Academies Press. Massey, Douglas S. 2004 ISBN   0-309-08325-7
  37. Galster, George and Stephen Ross and Margaret Turner and John Yinger, 2002 "Discrimination in Metropolitan Housing Markets: National Results from Phase 1 of the Housing Discrimination Study (HDS)," Working papers 2002–16. University of Connecticut: Department of Economics.
  38. Pearce, JM (2007). "Burton's line in lead poisoning". European neurology 57 (2): 118–9.
  39. Sen, Amartya K. 2004. "From Income Inequality to Economic Inequality," in C. Michael Henry (ed.) Race, Poverty, and Domestic Policy, New Haven and London: Yale University Press.
  40. Herbert, Bob (March 21, 2011). "Separate and Unequal". The New York Times.
  41. 1 2 Seitles, Marc, 1996 “The Perpetuation of Racial Residential Segregation in America: Historical Discrimination, Modern Forms of Exclusion, and Inclusionary Remedies,” Florida State University College of Law.
  42. Florence W. Roisman & Hilary Botein, Housing Mobility and Life Opportunities, 27 CLEARINGHOUSE REV. 335, 348 (1993)
  43. Blackwell, Angela Glover. "Promoting Equitable Development." (n.d.): n. pag. Web.

Further reading

Related Research Articles

Redlining

In the United States and Canada, redlining is the systematic denial of various services to residents of specific, often racially associated, neighborhoods or communities, either directly or through the selective raising of prices. While the best known examples of redlining have involved denial of financial services such as banking or insurance, other services such as health care or even supermarkets have been denied to residents. In the case of retail businesses like supermarkets, purposely locating impractically far away from said residents results in a redlining effect. Reverse redlining occurs when a lender or insurer targets particular neighborhoods that are predominantly nonwhite, not to deny residents loans or insurance, but rather to charge them more than in a non-redlined neighborhood where there is more competition.

Ghetto part of a city in which members of a minority group live

A ghetto is a part of a city in which members of a minority group live, typically as a result of social, legal, or economic pressure. The term was originally used in Venice to describe the part of the city to which Jews were restricted and segregated. However, early societies may have formed their own versions of the same structure; words resembling "ghetto" appear in the Hebrew, Yiddish, Italian, Germanic, Old French, and Latin languages. Ghettos in many cities have also been nicknamed "the hood", colloquial slang for neighborhood. Versions of ghettos appear across the world, each with their own names, classifications, and groupings of people.

Racial steering refers to the practice in which real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on their race. The term is used in the context of de facto residential segregation in the United States, and is often divided into two broad classes of conduct:

  1. Advising customers to purchase homes in particular neighborhoods on the basis of race
  2. Failing, on the basis of race, to show, or to inform buyers of homes that meet their specifications.

Disparate impact in United States labor law refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral. Although the protected classes vary by statute, most federal civil rights laws protect based on race, color, religion, national origin, and sex as protected traits, and some laws include disability status and other traits as well.

Racial segregation in the United States Historical separation of African Americans from American white society

Racial segregation in the United States is the separation of racial groups in aspects of daily life in the history of the United States. For most of United States history, segregation maintained the separation of African Americans from whites. The term also applies to the segregation of racial groups from one another, especially the segregation of people of color from whites.

The black middle class consists of black Americans who have middle-class status within the American class structure. It is a societal level within the African-American community that primarily began to develop in the early 1960s, when the ongoing Civil Rights Movement led to the outlawing of de jure racial segregation.

Mortgage discrimination or mortgage lending discrimination is the practice of banks, governments or other lending institutions denying loans to one or more groups of people primarily on the basis of race, ethnic origin, sex or religion.

Residential segregation in the United States

Residential segregation in the United States is the physical separation of two or more groups into different neighborhoods, or a form of segregation that "sorts population groups into various neighborhood contexts and shapes the living environment at the neighborhood level". While it has traditionally been associated with racial segregation, it generally refers to any kind of sorting based on some criteria populations.

Housing segregation in the United States

Housing segregation is the practice of denying African American or other minority groups equal access to housing through the process of misinformation, denial of realty and financing services, and racial steering. Housing policy in the United States has influenced housing segregation trends throughout history. Key legislation include the National Housing Act of 1934, the GI Bill, and the Fair Housing Act. Factors such as socioeconomic status, spatial assimilation, and immigration contribute to perpetuating housing segregation. The effects of housing segregation include relocation, unequal living standards, and poverty. However, there have been initiatives to combat housing segregation, such as the Section 8 housing program.

Housing inequality

Housing inequality is a disparity in the quality of housing in a society which is a form of economic inequality. The right to housing is recognized by many national constituciones, and the lack of adequate housing can have adverse consequences for an individual or a family. The term may apply regionally, temporally or culturally. Housing inequality is directly related to racial, social, income and wealth inequality. It is often the result of market forces, discrimination and segregation.

Racial inequality in the United States identifies the social advantages and disparities that affect different races within the United States. These can also be seen as a result of historic oppression, inequality of inheritance, or overall prejudice, especially against minority groups.

Structural inequality is defined as a condition where one category of people are attributed an unequal status in relation to other categories of people. This relationship is perpetuated and reinforced by a confluence of unequal relations in roles, functions, decisions, rights, and opportunities. As opposed to cultural inequality, which focuses on the individual decisions associated with these imbalances, structural inequality refers specifically to the inequalities that are systemically rooted in the normal operations of dominant social institutions, and can be divided into categories like residential segregation or healthcare, employment and educational discrimination.

Discrimination in awarding Section 8 housing describes alleged or confirmed cases of illegal discrimination in the housing market of the United States of America, "Section 8" being a portion of a 1937 law that provides financial assistance for housing costs several million low-income Americans.

Matched pair testing is used to detect discrimination. The focus is to determine the presence of disparate treatment in the offering of goods and services during the sales process. Traditionally used to determine discrimination in housing and mortgage lending, the research methodology involves the use of pairs of testers or mystery shoppers, representing test and control cells. Control cells usually comprise non-protected classes of consumers and test cells comprise protected classes of consumers under the Fair Housing Act. For example, control cells comprise non-minority or male mystery shoppers while test cells comprise African American or Hispanic or female mystery shoppers. The mystery shoppers in each pair conduct the tests separately but each is provided with profiles that are matched or very similar. The profiles typically contain financial, demographic and classification characteristics of the shopper. The shoppers in each pair perform the same inquiry and ask for the same information. The only difference is the test treatment, for example, the ethnicity or gender of the mystery shoppers. Prior to conducting the mystery shop, the mystery shoppers are trained on how to conduct the mystery shops, the use of the profile and how to record information pertaining to the treatment and information they will receive. After completing the mystery shop, the shoppers record the experience encountered and the information received on a questionnaire. The information entered on the questionnaires is entered into an electronic data base and the experiences of test and control mystery shoppers are compared.

American Ghettos

American Ghettos not to be confused with American Ghetto page