During the month of April, we commemorate Fair Housing Month in honor of the Fair Housing Act that was signed on April 11, 1968. The National Association of REALTORS® says, “fair housing protects our livelihood and business as REALTORS® and depends on a free, open market that embraces equal opportunity.”
A BRIEF HISTORY OF FAIR HOUSING
It started with the Fifth Amendment to the Constitution, which was ratified in 1789, and states that the government shall not take private property without just compensation. However, slaves, women, and Native Americans of African, Asian, and Latin American descent were excluded from the protections of the Fifth Amendment.
In 1865, the Thirteenth Amendment was ratified to abolish slavery in the United States, and in 1866 the Civil Rights Act was enacted to give all citizens the same rights as white citizens. With regards to property rights, that meant that all citizens could own, occupy, and transfer real estate; however, the law lacked enforcement and housing discrimination was pervasive for years following.
In the years that followed, important battles were fought and won before the Supreme Court, such as Buchanan v. Warley in 1917, which outlawed zoning based on race, and Shelley v. Kraemer in 1948, which ended the enforcement of racially restrictive covenants.
Many victories in fair housing can be attributed to the advocacy and efforts of the National Association of Real Estate Brokers, which was formed in 1947 by an African American real estate professional to fight for “Democracy in Housing.”
Much of the advancement in Fair Housing was achieved on smaller scales at local and state levels. For instance, in 1957 New York City became the first city to ban discrimination in private housing, and two years later Colorado became the first state to ban discrimination in private housing. Sixteen other states would follow suit over the next six years.
Finally, in 1968 the Fair Housing Act was signed into law, becoming the third major Civil Rights law in that decade. The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Since the Fair Housing Act was passed, we are still fighting housing inequality today. Newsday filmed a documentary called “Testing the Divide” where they exposed housing discrimination in Long Island, NY. You can go here and watch the documentary.
However, there are things you can do to prevent discrimination in the real estate industry.
WHAT YOU CAN DO
There are many resources that can help you push for fair housing in your community, including the NAR program Fairhaven.
Fairhaven is a fun and engaging fair housing simulation training for REALTORS® that uses the power of storytelling to help members identify, prevent, and address discriminatory practices in real estate. Completing the Fairhaven simulation also puts you a step closer to earning your C2EX endorsement through NAR.
Another resource is At Home with Diversity (AHWD). AHWD is an NAR designation designed to present a picture of the changing face of real estate. Through an in-person or online 7-hour training, you will be addressing topics of diversity, fair housing, and business planning development.
The fight for fair housing has been long and difficult. But you can make a difference. Check out NAR’s list of resources to further educate yourself about fair housing.
