A quick guide to the Fair Housing Act

Here is an overview of the Fair Housing Act which was passed in 1968. An excerpt from my favorite section of the guide:

Did it work?

While the Fair Housing Act made housing discrimination illegal in practice, in reality, significant degrees of segregation still exist across much of the country. According to a 2012 study by the American Constitution Society, “fair housing in the United States remains a pressing civil rights issue.”

Despite the passage of the law, a generation of politicians from both parties have failed to fully enforce the law, as documented in a lengthy ProPublica series. There are also significant social and economic costs to continued segregation: A recent study showed that Chicago segregation costs residents $4.4 billion every year in potential earnings.

The Obama administration made a handful of moves in its final years to address this historic inequality. The Affirmatively Furthering Fair Housing Rule, introduced in 2015, asks cities to do more to protect the non-discrimination policies enshrined in the Fair Housing Act.

In other words, the move to make illegal housing discrimination has not exactly led to the end of residential segregation. The guide suggests earlier that “the act is meant to create a unitary housing market, where only your financial resources, not your background, can prevent you from renting or purchasing a home.” However, because financial resources are so closely tied to other dimensions of social groups – including race and gender – we wouldn’t exactly have a level playing field even if there was no discrimination at all present.

On one hand, we might think that this 1968 legislation was a big step forward. It is one thing to acknowledge equal rights for a certain group but another to allow the possibility that they might live next door. On the other hand, I’m not sure there has been much advancement beyond this act and there is very little current discussion about seeing housing as a right or even seriously addressing a lack of affordable housing.

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