If you want to track the divisions of people and values in the United States’ history, just look at the Fair Housing Laws. Congress declared its independence from England in 1776, but it took another 100 years to pass the Civil Rights Act of 1886. In between, the country fought a bitter Civil War over economic policies, the extent and reach of the federal government, and the abolition of slavery. After the Civil War, Congress passed the Civil Rights Act of 1886 prohibiting discrimination in housing because of race or color. The bill declared that all persons born in the United States,” except Indians, were “declared citizens of the United States.” This was the first time that male citizens held the same rights to purchase, use, and lease real estate and property without distinction of race or color. If only the outcome of a Civil War and subsequent laws made it so—instead, many free Black people found themselves surrounded by hostile White people.
30 years later, Homer Plessy was selected by the Citizens’ Committee to test the Constitutionality of the Separate Car Law in 1896. Plessy, who was of mixed race, purchased a rail ticket for travel and sat in the car reserved for white passengers. He was arrested and charged with violating the Separate Car Act. The Supreme Court ruled that “separate but equal” practices were legal. This decision’s implications justified the government’s provision of segregated programs, services, and facilities, including segregated public housing.
The Plessy vs. Ferguson Supreme Court verdict had ongoing implications well into 1933 and the Great Depression. Congress feared mass foreclosures and, thus, created a new discriminatory practice known as redlining—refusing to lend or insure someone because they lived in an area defined as a poor financial risk, and the presence of non-White residents was used to define risk. White, middle-class homeowners benefited from loans and relocated to “safe” neighborhoods with new infrastructure and schools while Black homeowners had difficulty getting loans and remained in decaying inner-city neighborhoods. To further promote segregated housing, discriminatory deed restrictions were legally enforced, denying specific groups of people the opportunity to use real estate. Cities exacerbated segregated housing patterns by passing land use and zoning ordinances. When we look at the inner-city neighborhoods of many American cities today, the practice of redlining has a lingering impact that we have yet to overcome.
Not until 1948 did the Supreme Court rule that discriminatory deed restrictions were illegal and unenforceable based on Shelly v. Kraemer. In 1954, the Supreme Court overturned “separate but equal,” saying the government could no longer legally support segregated programs, including housing. In 1962, President John F. Kennedy signed Executive Order 11063 prohibiting discrimination in the sale, leasing, rental, or other disposition of properties and facilities operated by the federal government. The Civil Rights Act of 1964 prohibited discrimination on the basis of race, color, or national origin in programs and activities receiving federal funding. It was a volatile time marked by the assassinations of President John F. Kennedy and Martin Luther King. In response to Martin Luther King’s death, Congress passed the Civil Rights Act of 1968—the Fair Housing Act—prohibiting discrimination in housing sales, rental, and financing based on race, color, national origin, and religion. Furthermore, the Fair Housing Act said that federal agencies has to affirmatively further fair housing in the administration of their housing and urban development programs. Amendments to the Fair Housing Act continue to expand and become more inclusive through 2012.
While laws and elections may guide us, history has proven that it often takes longer to change Americans' thoughts and behaviors. It appears that all key Fair Housing regulations have fallen on the heels of significant historical events. But for the government action and political leaders, would we have changed the way we live and behave? Like our predecessors, we continue to be reactive versus proactive in responding to inequality. Kudos to those on the front-line of this slow war on deeply rooted practices that have promoted discrimination, poverty, and unfair housing opportunities for all. Champion the Housing Counselors in your organization and geographical area that guide residents of disinvested and underserved communities through the complaint process. Good government supports good policies. Ask yourself: “Am I voting for those who are reactive or proactive in making our city, our state, and our nation a better place for all?”