Fair Housing Act of 1968

• Author: Jeffrey Lehman, Shirelle Phelps

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The Fair Housing Act of 1968 (FHA) (42U.S.C.A. §§ 3601-3631) is also known as Title VIII of the CIVIL RIGHTS ACT of 1968. Congress passed the act in an effort to impose a comprehensive solution to the problem of unlawful discrimination in housing based on race, color, sex, national origin, or religion. The Fair Housing Act has become a central feature of modern CIVIL RIGHTS enforcement, enabling persons in the protected classes to rent or own residential property in areas that were previously segregated. The

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) is charged with enforcement of the act. It issues regulations and institutes investigations into discriminatory housing practices.

The passage of the Fair Housing Act came after the failure of two earlier federal initiatives. A 1962 EXECUTIVE ORDER directed all departments of the EXECUTIVE BRANCH to take appropriate action to prevent discrimination in all federally administered housing programs. The CIVIL RIGHTS ACT OF 1964 contained language in Title VI that prohibited housing discrimination in any program receiving federal financial assistance. Although Title VI provided that a recipient of funding who was found in violation could be prevented from continuing receipt of governmental assistance, this sanction was rarely used.

The Fair Housing Act prohibits discriminatory conduct by a variety of legal entities. The act defines "person" to include one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, receivers, and fiduciaries. In addition, municipalities, local government units, cities and federal agencies are subject to the law.

The act explicitly defines a list of prohibited practices involving housing, including sales, rentals, advertising, and financing. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's race, color, religion, sex, familial status, handicap, or national origin. The Fair Housing Amendments Act of 1988 added extensive provisions that apply to discrimination against DISABLED PERSONS and families with children 18 years of age and under.

It is illegal under the Fair Housing Act to discriminate in the sale or rental of a dwelling because of the disability of (1) the buyer or renter, (2) a person who will reside in...