Chapter 4 Fair Housing 2010©Cengage Learning. All Rights Reserved.

IN THIS CHAPTER “Separate and unequal” used to justify segregation. The courts and legislature dealt with racial discrimination in accordance with the political trends of the day. Major U.S. Supreme Court decisions and federal laws have ultimately the racial and cultural diversity we have today. 2010©Cengage Learning. All Rights Reserved.

DRED SCOTT DECISION Suit for freedom Scott claimed that his residence in a free territory made him a free man Court held the Missouri Compromise unconstitutional, hoping to end the slavery question Decision set the stage for the Civil War 2010©Cengage Learning. All Rights Reserved.

CIVIL RIGHTS ACT OF 1866 It guaranteed equal rights under the law Specifically stated that: – “all citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property.” Bars all racial discrimination, private as well as public 2010©Cengage Learning. All Rights Reserved.

Cases Shelley v. Kraemer Jones v. Mayer 2010©Cengage Learning. All Rights Reserved.

FEDERAL FAIR HOUSING ACT OF 1968 Prohibits discrimination in housing on the basis of race, color, religion, or national origin added discrimination on basis of sex 1988 added provisions to prevent discrimination based on mental or physical handicap and familial status 2010©Cengage Learning. All Rights Reserved.

Listing of protected classes by law

Prohibited Acts 1. Refusing to sell or rent housing or to negotiate the sale or rental of residential lots on the basis of discrimination because of race, color, religion, sex, national origin, disability, or familial status. 2. Discriminating against “any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin, disability, or familial status.” 2010©Cengage Learning. All Rights Reserved.

Blockbusting  “for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, national origin, disability or familial status.” 2010©Cengage Learning. All Rights Reserved.

Steering  When licensees direct prospective purchasers, especially minority purchasers, toward or away from specific neighborhoods to avoid changing the ethnic and/or racial makeup of neighborhoods. 2010©Cengage Learning. All Rights Reserved.

Discriminatory Advertising  that which shows preference based on race, color, religion, sex, national origin, disability, or familial status. 2010©Cengage Learning. All Rights Reserved.

Redlining  refusing to make loans to purchase, construct, or repair a dwelling by discriminating on the basis of race, color, religion, sex, national origin, disability, or familial status. 2010©Cengage Learning. All Rights Reserved.

Real Estate Brokerage Services  “it is unlawful to deny any person access to or membership or participation in any multiple listing service, real estate broker’s organization, or other service relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, national origin, disability, or familial status.” 2010©Cengage Learning. All Rights Reserved.

Enforcement 1.By administrative procedure through the Office of Equal Opportunity, Department of Housing and Urban Development (HUD). 2.The aggrieved party, with or without filing a complaint to HUD, may bring a civil suit in federal district court within two years of the alleged violation of the act. 3.The U.S. attorney general may file a civil suit in any appropriate U.S. district court. 2010©Cengage Learning. All Rights Reserved.

Penalties  a civil penalty of up to $10,000 for a first offense, $25,000 if another violation occurs within five years, and $50,000 if two or more violations occur in seven years. 2010©Cengage Learning. All Rights Reserved.

MICHIGAN FAIR HOUSING ACT  Michigan law is substantially the same as federal law.  The Elliott–Larsen Civil Rights Act replaced the 1968 Michigan Fair Housing Act and took effect in  The Person’s with Disabilities Civil Rights Act covering physical and mental disability in housing was added in ©Cengage Learning. All Rights Reserved.

NATIONAL FAIR HOUSING ALLIANCE (NFHA) A coalition of private, nonprofit fair housing groups that joined with federal and state government fair housing enforcement agencies to substantially improve fair housing enforcement activities. 2010©Cengage Learning. All Rights Reserved.

AMERICANS WITH DISABILITIES ACT (ADA) o Effective January 26, 1992 o Specifically protects the rights of individuals with disabilities o Individuals with disabilities cannot be denied access to public transportation, any commercial facility, or public accommodation 2010©Cengage Learning. All Rights Reserved.

CHAPTER TERMINOLOGY REVIEW 2010©Cengage Learning. All Rights Reserved.  Americans with Disabilities Act (ADA)  blockbusting  Civil Rights Act of 1866  Civil Rights Act of 1968  disability  Discriminatory advertising  Elliott–Larsen Civil Rights Act  Fair Housing Act of 1968  Fair Housing  Amendments Act of 1988  familial status  handicap  Michigan Civil Rights Commission  Michigan Person’s with Disabilities Civil Rights Act  National Fair Housing Alliance (NFHA)  redlining  steering  tester