Fair Housing Act (1968)

1) Link to the Text of the Act
Read the statute (42 U.S.C. § 3601 et seq.)

2) Why It Was Done
Enacted just days after the assassination of Dr. Martin Luther King Jr., the Act was designed to end discrimination in housing, addressing systemic barriers to home ownership and rental opportunities for minorities.

3) Pre-existing Law or Constitutional Rights
While the Civil Rights Act of 1964 prohibited discrimination in public accommodations and employment, it did not cover housing. Housing segregation remained deeply entrenched nationwide.

4) Overreach or Proper Role?
Supporters say it was necessary to dismantle discriminatory practices like redlining. Critics argue enforcement has been inconsistent and sometimes intrusive into private property rights.

5) Who or What It Controls

• Landlords, sellers, and real estate agents (cannot discriminate on race, color, religion, sex, or national origin—later expanded)
• Banks and lenders (prohibited from discriminatory mortgage practices)
• Local governments (barred from zoning discrimination)

6) Key Sections / Citations

• 42 U.S.C. § 3604 (prohibits discrimination in sale or rental)
• 42 U.S.C. § 3612 (enforcement procedures)
• 42 U.S.C. § 3613 (civil actions)

7) Recent Changes or Live Controversies

• 1988 Amendments expanded protections to include disability and familial status
• Recent controversies involve disparate impact claims, zoning battles, and LGBTQ protections under the Act
• Enforcement by HUD remains politically sensitive

8) Official Sources

• U.S. Code – Title 42, Chapter 45
• HUD – Fair Housing Act Overview
• DOJ Civil Rights Division – Housing Discrimination

• Civil Rights
• Housing
• Discrimination
• Race
• Fair Housing