Fair Housing Month — 56 Years of the Fair Housing Act

Published in

walawlibrary

4 min readApr 29, 2024

On April 11, 1968 President Lyndon Johnson signed a landmark piece of legislation. A follow-up to the Civil Rights Act of 1964, the legislation prohibited discrimination in the sale, rental, or financing of housing based on race, color, religion, or national origin. This section of the Civil Rights Act of 1968 is known as the Fair Housing Act (FHA). Later amendments added sex, familial status, and disability as protected classes under the Act. This month marks the 56th anniversary of its passage.

A photo shows a wooden gavel propped on a wooden sound block. To the right of the gavel is a miniature model of a white and gray two story house with a covered porch in front. The model rests on a red book with the title “Fair Housing Act” on the spine. An old fashioned scale and books on book shelves can be seen in the background, but they are blurred. — Photo by Nick Youngson / CC BY-SA 3.0

One month prior to the signing of the Act a report was issued by The National Advisory Commission on Civil Disorders, also known as The Kerner Commission. The Commission was formed at the direction of President Johnson following a summer of unrest in 1967, and was asked to answer three questions: What was the cause of the unrest? What happened during the unrest? How can future unrest be prevented? The 11-member commission surveyed 25 cities where unrest had occurred, including Newark, Detroit, Cincinnati, and Atlanta.

The Commission’s research produced some shocking findings about racial and economic inequality in the United States and included the famous quote: “Our nation is moving toward two societies, one black, one white — separate and unequal.” According to a Smithsonian National Museum of African American History & Culture story, “The Kerner Commission cited numerous grievances as triggers for civil unrest. Among them were discrimination in policing practices, the justice system, and consumer credit practices, inadequate housing and public assistance programs, high unemployment, and the exclusion of communities of colors from the democratic process.” The Kerner Report also put a spotlight on racial segregation in housing and schools.

A black and white photo shows two men sitting on the front steps of a building that has light colored siding on it. The sign to the right of the front door reads, “National Association of Real Estate Boards.” The men rest signs at their feet that read, “This Realtor Discriminates” and “CORE. Congress of Racial Equality.” To the left of the steps a protester holds a sign and talks to a police officer that is facing away from the camera. — Fair housing protest, Seattle, Washington, 1964. Seattle Municipal Archives / CC BY 2.0 DEED

Following the release of the report the United States Senate passed an amended version of the Civil Rights Act that included the fair housing provisions. On April 4, 1968, Dr. Martin Luther King, Jr. was tragically assassinated outside of his room at the Lorraine Motel in Memphis, Tennessee. This event led to even more civil unrest and urgency for Congress to move on the bill. Just days after Dr. King’s death the House accepted the Senate’s version of the bill and passed the legislation, which included Title VIII: The Fair Housing Act.

The Act was not the final movement on fair housing in the United States however. Key US Supreme Court decisions, such as Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91 (1979), and Havens Realty Corp. v. Coleman, 455 U. S. 363 (1982) banned private racial discrimination in housing, the use of regulatory schemes to discriminate against low and moderate-income persons, and established litigation rights for aggrieved persons seeking housing.

A graphic with a yellow, aqua, and pink color motif is shown. The left part of the graphic is a large yellow area with text reading, “Fair Housing: The ‘Act’ in Action. Fair Housing Month 2024. HUD.GOV/FHM.” Superimposed on this is an aqua arrow containing two logos. At right are pink, yellow, and aqua stripes that contain photos of people in groups, couples, and individually. There is additional information about reporting housing discrimination underneath the graphic. — HUD Fair Housing Month 2024 poster

States also acted against housing discrimination, including Washington, who amended the Washington Law Against Discrimination (WLAD) to include housing in 1969. This same year, the United States Department of Fair Housing and Urban Development (HUD) celebrated the first anniversary of the passage of the Fair Housing Act by completing a field operations handbook, which included a formal complaint process. Subsequent amendments to WLAD include defining disability more broadly and adding protections for veterans and individuals with military status.

Fair Housing Month continues to be celebrated every April. Each year housing advocates, organizations, and officials get together to host events to promote understanding of the FHA and housing rights. In commemorating this year’s Fair Housing Month, HUD Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity Demetria L. McCain noted, “This month and every month, HUD is taking meaningful action to advance housing justice and protect the rights of all people to live free from discrimination in the homes of their choice, regardless of their race, color, religion, national origin, sex (including sexual orientation or gender identity), disability, or familial status.” The theme for this year’s celebration is Fair Housing: The ‘Act’ in Action.

An outline of a house takes up most of the space in the graphic. Inside the house are four rows of four circular photos of individuals. There are two red rectangular text boxes between two of the rows. One has white text that reads, “Different National Origins.” And the other has white text that reads, “Same Fair Housing Rights.” Underneath the house graphic is additional information about housing discrimination and where to report it. — HUD Fair Housing National Media Campaign Poster (2019)

If you are experiencing housing discrimination, you can report it by mail, online, or by phone at 1–800–669–9777. For more information on Fair Housing Month, the Fair Housing Act, and fair housing organizations and initiatives locally in Washington, please check out the following links:

Fair Housing and Equal Opportunity (HUD)

Fair Housing (WA State Human Rights Commission)

April is Fair Housing Month (Timberland Regional Library)

Major Changes to Washington’s Housing Laws (MRSC, 2023)

Understanding Fair Housing Laws (Tenants Union of Washington State)

Legal Topic: Housing (Washington Law Help)

Tenant Rights, Laws and Protections: Washington State (HUD)

The Seattle Civil Rights & Labor History Project