The Civil Rights Act of 1968 () is a
landmark law in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
signed into law by
United States President
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United State ...
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
during the
King assassination riots
The King assassination riots, also known as the Holy Week Uprising, were a wave of civil disturbance which swept the United States following the assassination of Martin Luther King Jr. on April 4, 1968. Many believe them to be the greatest wav ...
.
Titles II through VII comprise the Indian Civil Rights Act, which applies to the
Native American tribes of the United States and makes many but not all of the guarantees of the
U.S. Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
applicable within the tribes. (that Act appears today in Title 25, sections 1301 to 1303 of the United States Code).
Titles VIII and IX are commonly known as the Fair Housing Act, which was meant as a follow-up to the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
(this is different legislation than the
Housing and Urban Development Act of 1968
The Housing and Urban Development Act of 1968, , was passed during the Lyndon B. Johnson Administration. The act came on the heels of major riots across cities throughout the U.S. in 1967, the assassination of Civil Rights Leader Martin Luther ...
, which expanded housing funding programs). While the
Civil Rights Act of 1866
The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the Amer ...
prohibited discrimination in housing, there were no federal enforcement provisions. The 1968 act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on
race
Race, RACE or "The Race" may refer to:
* Race (biology), an informal taxonomic classification within a species, generally within a sub-species
* Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
, religion,
national origin
National origin is the nation where a person was born, or where that person's ancestors came from. It also includes the diaspora of multi-ethnic states and societies that have a shared sense of common identity identical to that of a nation while ...
, and since 1974, sex. Since 1988, the act protects
people with disabilities
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, se ...
and families with children. Pregnant women are also protected from illegal discrimination because they have been given familial status with their unborn child being the other family member. Victims of discrimination may use both the 1968 act and the 1866 act's
section 1983
The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress which empowered the President to suspend ...
to seek redress. The 1968 act provides for federal solutions while the 1866 act provides for private solutions (i.e., civil suits). The act also made it a federal crime to "by force or by threat of force, injure, intimidate, or interfere with anyone... by reason of their race, color, religion, or national origin, handicap or familial status."
Title X, commonly known as the Anti-Riot Act, makes it a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
to "travel in interstate commerce...with the intent to incite, promote, encourage, participate in and carry on a riot." That provision has been criticized for "equating organized political protest with organized violence."
Background
The first shift towards equality for African Americans occurred when President Abraham Lincoln passed the Emancipation Proclamation in 1863, which declared that "all persons held as slaves... shall be then, thenceforward, and forever free...". The
Civil Rights Act of 1866
The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the Amer ...
declared all people born in the United States are legally citizens. That means they could rent, hold, sell and buy property. It was meant to help former slaves, and those who refused to grant the new rights to ex-slaves were guilty and punishable under law. The penalty was a fine of $1000 or a maximum of one year in jail. The 1866 act provided no means to enforce the provisions.
The Civil Rights Movement (1954-1968), beginning after the ''
Brown v. Board of Education
''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
case,'' paved the way for the passage of a few civil rights bills. The
Civil Rights Act of 1957
The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwigh ...
created the
United States Commission on Civil Rights
The U.S. Commission on Civil Rights (CCR) is a bipartisan, independent commission of the United States federal government, created by the Civil Rights Act of 1957 during the Eisenhower administration, that is charged with the responsibility for ...
and the
United States Department of Justice Civil Rights Division
The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion
Religion is usually d ...
. The
Civil Rights Act of 1960
The Civil Rights Act of 1960 () is a United States federal law that established federal inspection of local voter registration polls and introduced penalties for anyone who obstructed someone's attempt to register to vote. It dealt primarily wi ...
enacted federal legislation of local registration polls and if anyone obstructed someone's right to vote, there were severe penalties. It also extended the Civil Rights Commission, so it could oversee registration and voting practices. The
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
outlawed discrimination on the basis of race, color, religion, sex, and national origin. Unequal application of voter registration requirements, racial segregation, and employment discrimination were also prohibited. The
Voting Rights Act of 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
, similar to the Civil Rights Act of 1964, prohibited racial discrimination in voting. The Act was later expanded to help protect the right to vote for racial minorities throughout the country (mainly the South).
Another impetus for the law's passage came from the 1966
Chicago Open Housing Movement, led by
Martin Luther King Jr.
Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 1968 ...
,
James Bevel
James Luther Bevel (October 19, 1936 – December 19, 2008) was a minister and leader of the 1960s Civil Rights Movement in the United States. As a member of the Southern Christian Leadership Conference (SCLC), and then as its Director of Direct ...
, and
Al Raby
Albert Anderson Raby (1933 – November 23, 1988) was a teacher at Chicago's Hess Upper Grade Center who secured the support of Martin Luther King Jr. to desegregate schools and housing in Chicago between 1965 and 1967. Raby was a part of the ci ...
. Also influential was the 1963
Rumford Fair Housing Act in California, which had been backed by the
NAACP
The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
and
CORE
Core or cores may refer to:
Science and technology
* Core (anatomy), everything except the appendages
* Core (manufacturing), used in casting and molding
* Core (optical fiber), the signal-carrying portion of an optical fiber
* Core, the centra ...
.
and the 1967 Milwaukee fair housing campaigns led by
James Groppi
James Edmund Groppi (November 16, 1930 – November 4, 1985) was an erstwhile Catholic priest and noted civil rights activist based in Milwaukee, Wisconsin. He became well known for leading numerous protests, many times being arrested during ...
and the
NAACP Youth Council The NAACP Youth Council is a branch of the NAACP in which youth are actively involved. In past years, council participants organized under the council's name to make major strides in the Civil Rights Movement. Started in 1935 by Juanita E. Jackson, ...
. Senator
Walter Mondale
Walter Frederick "Fritz" Mondale (January 5, 1928 – April 19, 2021) was an American lawyer and politician who served as the 42nd vice president of the United States from 1977 to 1981 under President Jimmy Carter. A U.S. senator from Minnesota ...
advocated for the bill in Congress, but noted that over successive years, a federal fair housing bill was the most filibustered legislation in US history.
It was opposed by most Northern and Southern senators, as well as the
National Association of Real Estate Boards
The National Association of Realtors (NAR) is an American trade association for those who work in the real estate industry. It has over 1.4 million members, making it one of the biggest trade associations in the USA including NAR's institutes, so ...
.
A proposed "Civil Rights Act of 1966" collapsed completely because of its fair housing provision. Mondale commented:
A lot of reviouscivil rights egislationwas about making the South behave and taking the teeth from George Wallace
George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who served as the 45th governor of Alabama for four terms. A member of the Democratic Party, he is best remembered for his staunch segregationist and ...
…. This came right to the neighborhoods across the country. This was civil rights getting personal.:
Two developments revived the bill.
The
Kerner Commission
The National Advisory Commission on Civil Disorders, known as the Kerner Commission after its chair, Governor Otto Kerner Jr. of Illinois, was an 11-member Presidential Commission established in July 1967 by President Lyndon B. Johnson in to i ...
report on the
1967 race riots strongly recommended "a comprehensive and enforceable federal open housing law," and was cited regularly by Congress members arguing for the legislation. The final breakthrough came in the aftermath of the April 4, 1968
assassination of Martin Luther King, Jr., and the
civil unrest
Civil disorder, also known as civil disturbance, civil unrest, or social unrest is a situation arising from a mass act of civil disobedience (such as a demonstration, riot, strike, or unlawful assembly) in which law enforcement has difficulty m ...
across the country following King's death.
On April 5, Johnson wrote a letter to the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
urging passage of the Fair Housing Act.
The Rules Committee, "jolted by the repeated civil disturbances virtually outside its door," finally ended its hearings on April 8. With newly urgent attention from legislative director
Joseph Califano
Joseph Anthony Califano Jr. (born May 15, 1931) is an American attorney, professor, and public servant. He is known for the roles he played in shaping welfare policies in the cabinets of Presidents Lyndon B. Johnson and Jimmy Carter and for se ...
and
Democratic Speaker of the House
The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.
Usage
The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
John McCormack, the bill (which was previously stalled) passed the House by a wide margin on April 10.
Legislative history
![lbjsigningbill](https://upload.wikimedia.org/wikipedia/commons/3/3a/Lbjsigningbill.jpg)
In 1966, President Johnson proposed a new civil rights bill, but it was not passed through by the Senate. On February 17, 1967, the bill was introduced in the House by Rep. Manny Celler and in the Senate by Senator Philip A. Hart.
The House Judiciary Committee cleared HR 2516 (civil rights bill) and HR 10805 (extended life of Civil Rights Commission for another five years). House Judiciary Subcommittee No. 5 June 22 approved a package combining HR 2516 and HR 421 (Administration bill) in order to strengthen protections for civil rights workers.
The initial vote in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
was 327–93 (161–25 in the
House Republican Conference
The House Republican Conference is the party caucus for Republicans in the United States House of Representatives. It hosts meetings and is the primary forum for communicating the party's message to members. The Conference produces a daily pub ...
and 166–67 in the
House Democratic Caucus
The House Democratic Caucus is a congressional caucus composed of all Democratic Representatives in the United States House of Representatives and is responsible for nominating and electing the Democratic Party leadership in the chamber. In its ...
) with 12 members voting present or abstaining, while in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
the final vote with amendments was 71–20 (29–3 in the
Senate Republican Conference
The Senate Republican Conference is the formal organization of the Republican Senators in the United States Senate, who currently number 50. Over the last century, the mission of the conference has expanded and been shaped as a means of informi ...
and 42–17 in the
Senate Democratic Caucus
The Democratic Caucus of the United States Senate, sometimes referred to as the Democratic Conference, is the formal organization of all senators who are part of the Democratic Party in the United States Senate. For the makeup of the 117th Cong ...
) with 5 members voting present or abstaining. The House agreed to the Senate amendments by a vote of 250–172 (100–84 in the House Republican Conference and 150–88 in the House Democratic Caucus) with 10 members voting present or abstaining.
Bill H.R. 2516 was passed by the
90th United States Congress
The 90th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from January 3, 196 ...
and signed by the
36th President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
,
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
on April 11, 1968.
Parts
Title I: Hate crimes
The Civil Rights Act of 1968 also enacted (b)(2), which permits federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin" because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.
Persons violating this law face a fine or imprisonment of up to one year or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
.
Though sexual orientation and gender identity were also excluded from this law, they are included in a more recent Federal hate-crime law, the
.
Title II–VII: Indian Civil Rights Act
The Indian Civil Rights Act of 1968 granted Native Americans full access to the United States Bill of Rights. The first minor section focuses on re-establishing amendments now granted to Native Americans. The main portion of the section focuses on Native Americans in the United States legal system. The last section of this act points out other materials related to more constitutional rights of Native Americans, such as the "Indian Affairs, Laws and Treaties" doctrine.
Title VIII–IX: Fair Housing Act
Housing discrimination
Title VIII of the Civil Rights Act of 1968 is commonly referred to as the Fair Housing Act of 1968. Since 1968 its protections have been expanded significantly by amendment. The
Office of Fair Housing and Equal Opportunity
The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies th ...
within the
U.S. Department of Housing and Urban Development
The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urb ...
is charged with administering and enforcing this law.
Types of banned discrimination
![Accessible Housing for Wheelchair Users](https://upload.wikimedia.org/wikipedia/commons/6/68/Accessible_Housing_for_Wheelchair_Users.jpg)
The Civil Rights Act of 1968 prohibited the following forms of
housing discrimination
Housing discrimination refers to patterns of discrimination that affect a person's ability to rent or buy housing. This disparate treatment of a person on the housing market can be based on group characteristics or on the place where a person liv ...
:
* Refusal to sell or rent a dwelling to any person because of their race, color, religion or national origin. Discrimination on the basis of sex was added in 1974, and people with disabilities and families with children were added to the list of protected classes in 1988.
* Discrimination against a person in the terms, conditions or privilege of the sale or rental of a dwelling.
* Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin. This provision was also amended to include sex, disability, and having children.
* Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of
air housingrights.
* Neglecting maintenance and repairs of the units rented by people based on race, religion, sex, or any other discriminatory demographic.
* Restricting access to services and amenities on the basis of the renter's race, gender, religion, or nationality.
* In 2012, the United States Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity issued a regulation prohibiting LGBT discrimination in federally assisted housing programs. The Supreme Court ruled in 2020 that discrimination on the basis of "sex" includes discrimination on the basis of sexual orientation and gender identity. It was not until February 2021 that Housing and Urban Development issued a rule change under President Joe Biden to implement this decision. In addition, many states, cities and towns have passed laws prohibiting discrimination in housing based on sexual orientation and gender identity.
Types of allowed discrimination
Only certain kinds of discrimination are covered by fair housing laws. Landlords are not required by law to rent to any tenant who applies for a property. Landlords can select tenants based on objective business criteria, such as the applicant's ability to pay the rent and take care of the property. Landlords can lawfully discriminate against tenants with bad credit histories or low incomes, and (except in some areas) do not have to rent to tenants who will be receiving
Section 8 vouchers. Landlords must be consistent in the screening, treat tenants who are inside and outside the protected classes in the same manner, and should document any legitimate business reason for not renting to a prospective tenant.
The
United States Department of Housing and Urban Development
The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urb ...
has stated that buyers and renters may discriminate and may request real estate agents representing them to limit home searches to parameters that are discriminatory. The primary purpose of the Fair Housing Act is to protect the buyer's (and renter's) right to seek a dwelling anywhere they choose. It protects the buyer's right to discriminate by prohibiting certain discriminatory acts by sellers, landlords, and real estate agents.
People with disabilities
The Fair Housing Act defines a person with a disability in the same manner as the Americans with Disabilities Act – “a person with a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment.”
The Fair Housing Act provides several specific protections for buyers and tenants with disabilities. Landlords and sellers cannot make a dwelling unit unavailable or deny a dwelling to a buyer or renter because of their disability or the disability of any person who intends to reside in the dwelling or because of the disability of anyone with whom they are associated. Landlords cannot deny a person with a disability all of the privileges provided in connection with the dwelling, because of the person's disability.
The Fair Housing Act (FHA) provides some specific protections for people with disabilities that facilitate independence and community living. First, the FHA allows tenants to make reasonable modifications to the existing premises. It makes it illegal for landlords to not allow people with disabilities to make reasonable modifications to the premises, at their own expense, if they need the modification to have full enjoyment of the premises. For example, an individual with a disability may require grab bars installed in order to have access to take a shower. The landlord must allow the tenant to install the grab bars to allow access to take a shower. However, technically, the landlord may require the tenant remove the grab bars at the end of the tenancy, at the tenant's own expense. However, the regulations specify that in rental housing, a landlord may not condition widening a bathroom doorway to provide wheelchair access, to its return to its former narrow state upon the end of the tenancy, since it will not interfere with the next tenants use and enjoyment of the premises.
The second protection offered by the FHA includes the requirement that no one can refuse to make reasonable accommodations to “rules, policies, practices, or services, when the accommodation is necessary to afford” a person with a disability “equal opportunity to use and enjoy a dwelling unit,” including the amenities of the dwelling, which may involve common areas. For example, a building with a “No Pets” policy would violate the FHA if it did not allow a blind person to have their seeing eye dog live with them as a reasonable accommodation to the policy. Similarly, a wheelchair user could request an assigned, accessible parking space as a reasonable accommodation in a “first come first serve” parking lot attached to an apartment complex.
Title X: Anti-Riot Act
The Act included the "Anti-Riot Act," enacted at (with its key terms, "riot" and "incite a riot," defined in ), which makes it a federal crime to use interstate or foreign commerce routes or facilities (such as by crossing state lines or through mail, use of the Internet, or phone calls) to incite a riot, organize, promote or participate in a riot or to extend activities of a riot, or to aid and abet any person performing such activities. The provision has been informally referred to as the "H. Rap Brown Law" since the arrest and trial of
H. Rap Brown
Jamil Abdullah al-Amin (born Hubert Gerold Brown; October 4, 1943), formerly known as H. Rap Brown, is a civil rights activist, black separatist, and convicted murderer who was the fifth chairman of the Student Nonviolent Coordinating Committee ...
in 1967 for carrying a gun across state lines. Rulings by the
4th Circuit in 2020 and
9th Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District ...
in 2021 struck down in those circuits the portions of the law which prohibit "urging" a riot on the grounds of
freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
, leaving in place bans on inciting and participation in riots.
Titles
Note: Most of the information provided in this Section was paraphrased from the Titles. If you are interested at looking through the original titles, feel free to look at the Civil Rights Act of 1968.
Title I—interference with federally protected activities
Section 101 holds that Chapter 13, civil rights, title 18, United States Code, is amended by inserting a new section (Section 245) called Federally protected activities. It establishes that this section isn't set as an intent on the part of Congress, or is constructed to limited the authority of Federal officers (or Federal grand jury) to investigate possible violations in this section. In this section of the bill sets the standard for preventing any kind of threat of force by someone who willfully injures, intimidates, interferes with or even attempts any of these actions upon a person of color (full discrimination set as race, color, religion, or national origin) when the minority in question is:
* Voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official in any election
* Participating in or enjoying any benefit, service, privilege, program, facility
* Applying for or enjoying employment
* Serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court
* Participating in or enjoying the benefits of any program or activity receiving Federal financial assistance
* Enrolling in or attending any public school or public college
* Traveling in or using airy facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air
* Enjoying the. goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment
Any citizen who has been ordered to discourage these citizens from aiding/encouraging other persons to participate without discrimination in any activities listed above will be:
* Fined $1,000 or imprisoned for a year (or both)
* Fined $10,000 or imprisoned for ten years (or both) if there was any sort of bodily injury
* Imprisoned for any term of years or for life if death has occurred
There is a similar section that also involved prevention for intimidation in fair housing, in Title XII.
The rest of the sections in this title are based around amendments to this legislative Act. For example, besides Section 245, Section 2101 called Riots has also been added. In this section, it focuses on putting a penalty behind any related riot actions, where a person can be fined $10,000 or imprisoned for 5 years (or both). There is a definition section (Section 2102) for defining: riot and to incite a riot. Also, This section also holds an edit for the United States Code, where a chapter called Riots is inserted.
Title II—rights of Indians
The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many but not all of the guarantees of the
Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
applicable within the
federally recognized tribes
This is a list of federally recognized tribes in the contiguous United States of America. There are also federally recognized Alaska Native tribes. , 574 Indian tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the United ...
. The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.
Events before passage
The US Supreme Court had made clear that tribal internal affairs concerning tribal members' individual rights were not covered by the Fifth Amendment to the US constitution. However, the tribes were ultimately subjected to the power of Congress and the Constitution.
[Indian Civil Rights Act]
." US History Encyclopedia. © 2006 through a partnership of Answers Corporation. The court case ''
Talton v. Mayes
''Talton v. Mayes'', 163 U.S. 376 (1896), was a United States Supreme Court case, in which the court decided that the individual rights protections, which limit federal, and later, state governments, do not apply to tribal government.. It rea ...
'' helped establish the principles. There were other court cases over the following years to continue the thoughts "that tribes were not arms of the federal government when punishing tribal members for criminal acts and that Indian tribes were exempt from many of the constitutional protections governing the actions of state and federal governments."
In the 1960s, Congress held a series of hearings on the subject of the authority of tribal governments. The hearings told about the abuses that many tribal members had endured from the "sometimes corrupt, incompetent, or tyrannical tribal officials." In response, the Indian Civil Rights Act was enacted.
Provisions of the Indian Civil Rights Act
No Indian tribe in exercising powers of self-government shall—
# make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
# violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
# subject any person for the same offense to be twice put in jeopardy;
# compel any person in any criminal case to be a witness against himself;
# take any private property for a public use without just compensation;
# deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;
# require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or both;
# deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
# pass any bill of attainder
A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. As with attai ...
or ex post facto law; or
# deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.
According to the US Government Publishing Office, in "imprisonment for a term of one year and a fine of $5,000, or both" in paragraph 7, "and" should probably be "or."
The act also requires tribal courts to afford due process and other civil liberties. Also, Native American courts try to provide a setting similar to that of a US courtroom, which is familiar to lawyers.
That aided the attorneys and helped to divert non-Indian ridicule and established the view that tribal courts were legitimate courts. Tribal courts adopted rules of evidence, pleading, and other requirements similar to those in state and federal courts.
[Wilkinson, Charles. ''Blood Struggle: The Rise of Modern Indian Nations''. Boston: W. W. Norton & Company, Incorporated, 2006. pg. 290.]
The ICRA incorporated many constitutional protections, but it modified others or did not include them at all: "The law did not impose the establishment clause, the guarantee of a republican form of government, the requirement of a separation of church and state, the right to a jury trial in civil cases, or the right of indigents to appointed counsel in criminal cases."
The provisions were excluded because the government recognized the different political and cultural status of the tribes.
Even though the federal government respected their individuality in this respect, the establishment of the ICRA caused the tribal governments to "mirror" modern American courts and procedures.
The impact of ICRA was greatly limited by the Supreme Court by the ''
Santa Clara Pueblo v. Martinez
''Santa Clara Pueblo v. Martinez'', 436 U.S. 49 (1978), was a landmark case in the area of Outline of United States federal Indian law and policy, federal Indian law involving issues of great importance to the meaning of Tribal sovereignty in the ...
'' court case (1978). ''Martinez'' involved a request to stop denying tribal membership to those children born to female (not male) tribal members who married outside of the tribe. The mother who brought the case pleaded that the discrimination against her child was solely based on sex, which violated the ICRA. The courts decided that "tribal common-law sovereign immunity prevented a suit against the tribe."
''Martinez'' ultimately strengthened tribal self-determination by further proving that generally, the federal government played no enforcement role over the tribal governments.
Title III—model code governing courts of Indian offenses
The Secretary of Interior is supposed to recommend (to Congress) a model code to govern the administration of justice when it comes to Indian offenses on Indian reservations on July 1, 1968. The title also mentions some provisions for individuals being tried in the court of Indian offenses:
* Any individual being tried shall have the same rights, privileges, and immunities as any other individual granted by the United States Constitution.
* Any individual being tried will be advised and made aware of these rights and any other tribal constitution applicable.
* Establish proper qualifications for the office of judge
* Provide training for judges through educational classes
In order to carry out these provisions, the Secretary of Interior was also encouraged to consult with Indians, Indian tribes, and agencies of the U.S.
Title IV—jurisdiction over criminal and civil actions
Section 401 covers assumptions by states. It's the main foundation for Indian rights. It states that Indians shall not be alienated or deprived of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation.
Section 402 covers assumptions by states of civil jurisdiction. The main point to focus on here is to note how the States don't have jurisdiction over civil causes of action between Indians or Indian parties. However, this section also brings up more Indian rights. It states that nothing shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water lights, belonging to any Indian or any Indian tribe, band, or community.
Section 403 covers retrocession of jurisdiction by states. The United States is authorized to accept a retrocession by any state of all or any measure of the criminal or civil jurisdiction (or both).
Section 404 covers consent to amend state laws. The United States is given to the people of any state to amend their state constitution or existing statutes, in order to remove any legal impediment to the assumption of civil or criminal jurisdiction in accordance with the provisions of this title.
Section 405 covers actions not to abate. It states that no action pending immediately prior to any cession of jurisdiction shall abate by reason of that section. For the action or proceeding, such cession shall take place on the day after the date of the final determination of the action or proceeding. Also, it states that no cession made by the United States shall deprive any court to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed.
Section 406 covers special elections. State jurisdiction is created by a majority vote of adult Indians in a special election. For this special election, the Secretary of the Interior calls the rules and regulations for the election, when the tribal council or other governing body requests to do so.
Title V—offenses within Indian country
Amends section 1153 of title 18 of the United States Code. With the new addition, it reads: "weapon assault resulting in serious bodily injury".
Title VI—employment of legal counsel
An Indian, Indian tribe, Indian council, or any group of Indians have a right for the employment of legal counsel, and includes the choice of counsel and the fixing of fees. If any application made requiring the approval of the Secretary of Interior or the Commissioner of Indian Affairs is not granted or denied within 90 days, then the approval shall be deemed to have been granted.
Title VII—materials relating to constitutional rights of Indians
In this title, there are two materials mentioned to help strengthen the constitutional rights of Native Americans: "Indian Affairs, Laws and Treaties" and "Federal Indian Law". This Act only mentions for these documents to be revised and printed on September 1, 1967. However, it is crucial to truly understand what these materials contain.
The "Indian Affairs, Laws and Treaties" material is full of treaties between Natives and the U.S. government. For this bill, however, the protection was originally created by the Treaty of Peace between the Navajo Indian Tribe and the United States. On June 1, 1868, with the signing by 29 Navajo headmen and 10 officers of the United States Army, the sovereignty of the Navajo Tribe was officially recognized. (It was later ratified by the Senate on July 23 and proclaimed by President Andrew Johnson on August 12). With this treaty, it brought the end to a four-year period of the hardships and exile brought upon the Navajo Tribe.
On May 17, 1968, Congress, with a joint resolution, requested the President for a centennial signing of the treaty. Therefore, President Lyndon B. Johnson established the centennial of the signing of the 1868 Treaty of Peace between the Navajo Indian Tribe and the United States.
The "Federal Indian Law" material, on the other hand, is much broader than the other source. Basically, "Federal Indian Law" contains treaties, statutes, executive orders, administrative decisions and court cases that defines the political and legal status of federally recognized Native Americans. Within this material, the relationship of tribes and the U.S. government is defined as well as what the role of tribes are in states and the federal government. The three fundamental legal principles* in "Federal Indian Law" are:
# American Indian and Alaska Native tribes that are recognized by the federal government are independent sovereign governments, separate from the states and from the federal government.
# Unless Congress provides otherwise, the sovereignty of federally recognized American Indian and Alaska Native tribes generally extends over their federally recognized geographic territory (e.g., reservations, allotments, trust and restricted Indian lands, and other Indian country), including over the activities and conduct of tribal members and non-tribal members within that territory
# The sovereignty of federally recognized American Indian and Alaska Native tribes is inherent and exists unless and until Congress takes it away.
*Note: The legal principles are sourced from the "Federal Indian Law" material, resourced from the "Federal Indian Law and Policy Affecting American Indian and Alaska Native Education" document
Title VIII—fair housing
The 1968 Fair Housing Act is a federal act in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
intended to protect the buyer or renter of a dwelling from seller or landlord discrimination. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a
protected class
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connec ...
. The goal is a unitary housing market in which a person's background (as opposed to financial resources) does not arbitrarily restrict access. Calls for open housing were issued early in the twentieth century, but it was not until after
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
that concerted efforts to achieve it were undertaken.
The legislation was the culmination of a
civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
campaign against
housing discrimination in the United States
Housing discrimination in the United States refers to the historical and current barriers, policies, and biases that prevent equitable access to housing. Housing discrimination became more pronounced after the abolition of slavery in 1865, typical ...
, including the 1966
Chicago open housing movement, and was approved by
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
one week after the
assassination of Martin Luther King, Jr.
Martin Luther King Jr., an African-American clergyman and civil rights leader, was fatally shot at the Lorraine Motel in Memphis, Tennessee, on April 4, 1968, at 6:01 p.m. CST. He was rushed to St. Joseph's Hospital, where he died at 7 ...
The Fair Housing Act was enacted as Title VIII of the Civil Rights Act of 1968, and codified a
42 U.S.C. 3601-3619 with penalties for violation a
42 U.S.C. 3631 It is enforced by the
United States Department of Housing and Urban Development
The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urb ...
.
Summary
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) introduced meaningful federal enforcement mechanisms. It outlaws:
* Refusal to sell or rent a dwelling to any person because of
race
Race, RACE or "The Race" may refer to:
* Race (biology), an informal taxonomic classification within a species, generally within a sub-species
* Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
,
color
Color (American English) or colour (British English) is the visual perceptual property deriving from the spectrum of light interacting with the photoreceptor cells of the eyes. Color categories and physical specifications of color are associ ...
, disability,
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
,
sex
Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones ( ova, of ...
, familial status, or
national origin
National origin is the nation where a person was born, or where that person's ancestors came from. It also includes the diaspora of multi-ethnic states and societies that have a shared sense of common identity identical to that of a nation while ...
.
* Discrimination based on race, color, religion, sex, disability, familial status, or national origin in the terms, conditions or privileges of sale or rental of a dwelling.
* Advertising the sale or rental of a dwelling indicating preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, disability or national origin.
* Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.
A guide to legal and illegal acts in selling one's home under the Act is available here:
When the Fair Housing Act was first enacted, it prohibited
discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
only on the basis of race, color, religion, and national origin.
Sex was added as a protected characteristic in 1974. In 1988,
disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...
and familial status (the presence or anticipated presence of children under 18 in a household) were added (further codified in the
Americans with Disabilities Act
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 ...
of 1990).
[ In certain circumstances, the law allows limited exceptions for discrimination based on sex, religion, or familial status.
In 2017, a federal judge ruled that sexual orientation and gender identity are protected classes under the Fair Housing Act. As of May 2018, there is an additional pending effort to amend the Fair Housing Act to make this explicit (HR 1447). In a meeting on May 16, 2018 with the ]National Association of Realtors
The National Association of Realtors (NAR) is an American trade association for those who work in the real estate industry. It has over 1.4 million members, making it one of the biggest trade associations in the USA including NAR's institutes, so ...
(NAR), Rep. Dana Rohrabacher (R-Calif.), who was campaigning for his 16th term, said he believed that homeowners should be allowed to refuse to sell their home to gay and lesbian homebuyers. The NAR disagreed and withdrew its endorsement of the Congressman over the matter.
The United States Department of Housing and Urban Development
The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urb ...
is the federal executive department with the statutory authority to administer and enforce the ''Fair Housing Act''. The Secretary of Housing and Urban Development
The United States secretary of housing and urban development (or HUD secretary) is the head of the United States Department of Housing and Urban Development, a member of the president's Cabinet, and thirteenth in the presidential line of succe ...
has delegated fair housing enforcement and compliance activities to HUD's Office of Fair Housing and Equal Opportunity
The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies th ...
(FHEO) and HUD's Office of General Counsel. FHEO is one of the United States' largest federal civil rights agencies. It has a staff of more than 600 people located in 54 offices around the United States. As of August 2017, the head of FHEO is Assistant Secretary for Fair Housing and Equal Opportunity Anna Maria Farias
Anna Maria Farias is an American lawyer and government official who currently serves as Assistant Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity. Prior to assuming her current role, Farias served as vice chair ...
, whose appointment was confirmed on August 3, 2017.
Individuals who believe they have experienced housing discrimination can file a complaint with FHEO at no charge. FHEO funds and has working agreements with many state and local government
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
al agencies where "substantially equivalent" fair housing laws are in place. Under such agreements, FHEO refers complaints to the state or locality where the alleged incident occurred, and those agencies investigate and process the case instead of FHEO. That is known as FHEO's Fair Housing Assistance Program (or " FHAP").
There is also a network of private, non-profit fair housing advocacy organizations throughout the country. Some are funded by FHEO's Fair Housing Initiatives Program (or " FHIP"), and some operate with private donations or grants from other sources.
Victims of housing discrimination need not go through HUD or any other governmental agency to pursue their rights, however. The ''Fair Housing Act'' confers jurisdiction to hear cases on federal district courts. The United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
also has jurisdiction to file cases on behalf of the United States where there is a pattern and practice of discrimination or where HUD has found discrimination in a case and either party elects to go to federal court instead of continuing in the HUD administrative process.
The Fair Housing Act applies to landlords renting or leasing space in their primary residence A person's primary residence, or main residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one ''primary'' residence at any given time, though they may share the residence with other people. A ...
only if the residence contains living quarters occupied or intended to be occupied by three or more other families living independently of each other, such as an owner-occupied rooming house. Restrictions on discriminatory advertising do apply to all landlords without reservation.
Enforcement
The ''Fair Housing Act'' has been strengthened since its adoption in 1968, but enforcement continues to be a concern among housing advocates. According to a 2010 evaluation of Analysis of Impediments (AI) reports done by the Government Accountability Office
The U.S. Government Accountability Office (GAO) is a legislative branch government agency that provides auditing, evaluative, and investigative services for the United States Congress. It is the supreme audit institution of the federal govern ...
, enforcement is particularly inconsistent across local jurisdictions.
Title IX—prevention of intimidation in fair housing cases
As the title states, this section of the bill sets the standard for preventing any kind of threat of force by someone who willfully injures, intimidates, interferes with or even attempts any of these actions upon a person of color (full discrimination set as race, color, religion, or national origin) when the minority in question is:
* Selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale
* Applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings
* Participating or encouraging others to participate in any of the activities, services, organizations or facilities
* Participating lawfully in speech or peaceful assembly
Any citizen who has been ordered to discourage these citizens from aiding/encouraging other persons to participate without discrimination in any activities listed above will be:
* Fined $1,000 or imprisoned for a year (or both)
* Fined $10,000 or imprisoned for ten years (or both) if there was any sort of bodily injury
* Imprisoned for any term of years or for life if death has occurred
Title X—civil obedience
Section 231 covers civil disorders. The civil disorders mentioned in this section are:
* Teaching or demonstrating to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to people
* Transporting or manufacturing for transportation in commerce any firearm, or explosive or incendiary device, knowing that it will be used in furtherance of a civil disorder
Whoever commits or attempts to commit any of these acts will be fined no more than $10,000 or imprisoned no more than 5 years, or both.
Section 232 covers definitions in this title. The definitions that are defined are: civil disorder, commerce, federally protested function, firearm, explosive or incendiary device, and law enforcement officer.
Section 233 covers preemption. None of the provisions contained in the title are intended on the part of Congress to occupy the state or local laws with the same subject matter nor are constructed to invalidate any provision of state law unless it is inconsistent. This section also holds an edit for the United States Code, where a chapter called Civil Disorders is inserted.
Amendments
In 1988, Congress voted to weaken the ability of plaintiffs to prosecute cases of housing discrimination
Housing discrimination refers to patterns of discrimination that affect a person's ability to rent or buy housing. This disparate treatment of a person on the housing market can be based on group characteristics or on the place where a person liv ...
. But the Fair Housing Act was also amended in 1988 to allow plaintiffs' attorneys to recover attorney's fees. Additionally, the 1988 amendment added people with disabilities and families with children to the classes covered by the Act.
Case law
In the early 1990s, in '' Trouillon v. City of Hawthorne'', the NAACP Legal Defense and Educational Fund
The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City.
LDF is wholly independent and separate from the NAACP. Altho ...
successfully challenged an urban renewal plan on the basis of race discrimination
Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain ...
by bringing suit under the Fair Housing Act. Previous litigation under the Act had largely been limited to discrimination in buying or renting housing.
Although he ruled in favor of the plaintiffs, Judge Davis nevertheless disputed the allegations of discrimination. He said he based his ruling in part on the city's failure to prove that the area had a higher crime rate and lower property values than other parts of the city. The city "did not act in bad faith or fraudulently," Davis wrote. It "did not discriminate against any minority or low or moderate income person and did not violate any person's Due Process, Equal Protection or other Civil Rights."
The Anti-Riot Act of Title I had been rarely used; it notably had been used to prosecute the Chicago Seven
The Chicago Seven, originally the Chicago Eight and also known as the Conspiracy Eight or Conspiracy Seven, were seven defendants—Rennie Davis, David Dellinger, John Froines, Tom Hayden, Abbie Hoffman, Jerry Rubin, and Lee Weiner—charged b ...
, but had not faced strict legal scrutiny. In the late 2010s, with growing concerns over activities of the far right
Far-right politics, also referred to as the extreme right or right-wing extremism, are political beliefs and actions further to the right of the left–right political spectrum than the standard political right, particularly in terms of being ...
, white nationalist
White nationalism is a type of racial nationalism or pan-nationalism which espouses the belief that white people are a raceHeidi Beirich and Kevin Hicks. "Chapter 7: White nationalism in America". In Perry, Barbara. ''Hate Crimes''. Greenwoo ...
s, and white supremacist
White supremacy or white supremacism is the belief that white people are superior to those of other Race (human classification), races and thus should dominate them. The belief favors the maintenance and defense of any Power (social and polit ...
s, the Anti-Riot Act had been used to prosecute organizers of various rallies that had turned violent, such as the Unite the Right rally
The Unite the Right rally was a white supremacist rally that took place in Charlottesville, Virginia, from August 11 to 12, 2017. Marchers included members of the alt-right, neo-Confederates, neo-fascists, white nationalists, neo-Nazis, ...
in 2017. However, in June 2019, a federal district court in California, overseeing the case of members of the Rise Above Movement
The Rise Above Movement (RAM) is a militant alt-right Southern California-based street-fighting group variously described as "a loose collective of violent neo-Nazis and fascists", white nationalist, white supremacist, and far-right.Jarvie, Je ...
related to both the Unite the Right rally and other protests in California, ruled that the Anti-Riot Act was unconstitutional in that it was "overbroad in violation of the First Amendment."
Legacy
U.S. states
New York State Human Rights Law
:Extends the protection to marital status and age, aimed to prevent non-racial discrimination.
Section 236 and 237 of the New York State Property Law
:Further extends the protection to include dwellings with children and mobile home parks. That is meant to protect renters and sellers from discriminating based on number of children in a family. Currently the Fair Housing Act protects against discrimination of race, color, national origin, religion, sex, familial status, and disability. The law applies to all types of housing, rental home
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
s, apartments, condo
A condominium (or condo for short) is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex ...
s and houses. The only exception to the act is if an owner of a small rental building lives in the same building he lets. Since he owns the building and also resides there, he can decide who lives there.
Violations of the Fair Housing Act
There are an estimated 2 million cases of housing discrimination each year according to HUD. The National Fair Housing Alliance, the largest fair housing non-profit in the country, estimates that number to be closer to 4 million per year, excluding instances of discrimination due to disability or familial status.["Dr. King's Dream Denied: Forty Years of Failed Federal Enforcement: 2008 Fair Housing Trends Report." National Fair Housing Alliance. April 8, 2008] Housing projects have also come under fire by researchers and NGOs alike. Housing advocates Elizabeth Julian and Michael Daniel state:
in addition to the inequality in the actual housing provided to low-income African-American families under the federal programs, the neighborhoods in which they receive assistance are usually subject to various adverse conditions not found in the neighborhoods surrounding the housing units in which whites receive the same assistance. The conditions include inferior city-provided facilities and services, little or no new or newer residential housing, large numbers of seriously substandard structures, noxious environmental conditions, substandard or completely absent neighborhood service facilities, high crime rates, inadequate access to job centers, and little or no investment of new capital in the area by public and private entities.
See also
* Executive Order 11063 Executive Order 11063 was signed by President John F. Kennedy on November 20, 1962. This Order "prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or ...
* Public housing in the United States
In the United States, subsidized housing is administered by federal, state and local agencies to provide subsidized rental assistance for low-income households. Public housing is priced much below the market rate, allowing people to live in mor ...
* Racial segregation in the United States
In the United States, racial segregation is the systematic separation of facilities and services such as Housing in the United States, housing, Healthcare in the United States, healthcare, Education in the United States, education, Employment in ...
* Racial steering Racial steering refers to the practice in which real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on their race. The term is used in the context of ''de facto'' residential segregation in the United S ...
* Redlining
In the United States, redlining is a discriminatory practice in which services (financial and otherwise) are withheld from potential customers who reside in neighborhoods classified as "hazardous" to investment; these neighborhoods have signif ...
* ''Jones v. Alfred H. Mayer Co.
''Jones v. Alfred H. Mayer Co.'', 392 U.S. 409 (1968), is a landmark United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate ...
''
* ''''
* '' Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.''
* ''Meyer v. Holley
''Meyer v. Holley'', 537 U.S. 280 (2003), was a case in which the Supreme Court of the United States held that the Fair Housing Act imposes strict liability on residential real estate corporations for racial discrimination, but the officers and o ...
''
* ''''
* Stuyvesant Town–Peter Cooper Village#Controversy - Post-war project that was involved in controversy for refusing to admit African-Americans.
* ''Buchanan v. Warley
''Buchanan v. Warley'', 245 U.S. 60 (1917), is a case in which the Supreme Court of the United States addressed civil government-instituted racial segregation in residential areas. The Court held unanimously that a Louisville, Kentucky city ordin ...
''
* Department of Fair Employment and Housing
The California Civil Rights Department (CRD) (formerly known as the ''Department of Fair Employment and Housing (DFEH)'') is an agency of California state government charged with the protection of residents from employment, housing and public ac ...
* Seattle movement
The Seattle movement was part of the wider Civil Rights Movement, taking place in Seattle, Washington in the 1960s.
The movement was reliant on several intersecting movements led by Filipino Americans, Japanese Americans, Chinese Americans, Je ...
(Fair housing campaign in the 1960s)
* Native American civil rights
Native American civil rights are the civil rights of Native Americans in the United States. Native Americans are citizens of their respective Native nations as well as the United States, and those nations are characterized under United State ...
References
Bibliography
*
*
*
Further reading
*
*
*
*
*
*
*
*
*
*
*
*
*
*
;Articles
*
*
*
*
* Massey, Douglass. "Racial Discrimination in Housing: A moving Target." Social Problems 52(2005): 148–151.
*
* Williams, Richard, Reynold Nesiba, and Eileen Diaz McConnell. "The Changing Face of Inequality In Home Mortgage Lending." Social Problems 52(2005): 181–207.
External links
Civil Rights Act of 1968
PDFdetails
as amended in the GPO GPO may refer to:
Government and politics
* General Post Office, Dublin
* General Post Office, in Britain
* Social Security Government Pension Offset, a provision reducing benefits
* Government Pharmaceutical Organization, a Thai state enterpris ...
br>Statute Compilations collection
Official website
- Office of Fair Housing and Equal Opportunity
The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies th ...
, U.S. Department of Housing and Urban Development
National Fair Housing Advocate Online
Remarks Upon Signing the Civil Rights Act, April 11, 1968
- Provided by the Lyndon Baines Johnson Library and Museum
The Lyndon Baines Johnson Library and Museum, also known as the LBJ Presidential Library, is the presidential library and museum of Lyndon Baines Johnson, the 36th president of the United States (1963–1969). It is located on the grounds of t ...
, The Texas Archive of the Moving Image
The Texas Archive of the Moving Image (TAMI) is an independent 501(c)(3) organization founded in 2002 by film archivist and University of Texas at Austin professor Caroline Frick, PhD. TAMI's mission is to preserve, study, and exhibit Texas film ...
The Fair Housing Act of 1968
- Provided by the Office of the Historian
The Office of the Historian is an office of the United States Department of State within the Foreign Service Institute. It is legally responsible for the preparation and publication of the official historical documentary record of U.S. foreign po ...
, United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
File a housing discrimination complaint
The National Fair Housing Advocate Online
The National Fair Housing Alliance
HUD's Office of Fair Housing and Equal Opportunity
113 Congressional Record (Bound) - Volume 113, Part 17 (August 10, 1967 to August 21, 1967)
Congressional Record House August 16, 1967 vote roll call p. 22778
114 Congressional Record (Bound) - Volume 114, Part 5 (March 6, 1968 to March 15, 1968)
Congressional Record Senate March 11, 1968 vote roll call p. 5992
114 Congressional Record (Bound) - Volume 114, Part 8 (April 10, 1968 to April 26, 1968)
Congressional Record House April 10, 1968 vote roll call p. 9621
{{authority control
1968 in American law
90th United States Congress
Anti-discrimination law in the United States
Civil rights movement
Housing in the United States
Housing legislation in the United States
Indigenous politics in North America
Native American law
Civil Rights Acts
United States federal criminal legislation
April 1968 events in the United States