Fair Housing Act of 1968

Jose Vasquez Jesus Melendez

HCOM 266Professor Larkin

Civil Rights Act of 1866That all persons born in the United States and not subject to any foreign

power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.

Important Court Cases

Jones v. Alfred H. Mayer Co

Plessy v. Ferguson

Explain Court CasesJones v. Alfred H. Mayer Co• Jones, an African American, was not allowed to purchase a home due to

him being black. • The District Court dismissed the complaint, and the Court of Appeals

affirmed, concluding that U.S.C 1982(42 U.S.C. 1982, which provides 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.") In its original form, 42 U.S.C. 1982 was part of 1 of the Civil Rights Act of 1866.applies only to state action, and does not reach private refusals to sell.

Plessy v. Ferguson• U.S. Supreme Court decision that established the legality of racial

segregation so long as facilities were separate but equal.

What Lead to the Civil Rights Act 1964

• Segregation/Separate but Equal Laws

• Literacy Test/ Poll Tests• Civil Rights Act Movement Rising• Basic Rights being denied to African Americans

Civil Rights Act of 1964

• The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.

• Ended Segregation

Civil Rights Act of 1968● The Civil Rights Act of 1968, enacted April 11, 1968 provided for equal

housing opportunities regardless of race, religion, or national origin.

● The Act was signed into law during the King assassination riots by President Lyndon B. Johnson, who had previously signed the Civil Rights Act and Voting Rights Act into law

Major Civil Rights Reforms

Fair Housing Act of 1968

The Fair Housing Act of 1968 is also known as Title VIII of the civil rights act of 1968. Congress passed the act in an effort to impose a comprehensive solution to the problem of unlawful concerning the sale, rental, financing of housing based on race, color, religion and national origin.

★ When originally passed in 1968, the Fair Housing Act only covered four protected classes: race, color, religion, and national origin. Sex was added as a protective class in 1974. In 1988, disability and familial status were included as protective classes as well

Laws in the Fair Housing Act• It is illegal under the Fair Housing Act to discriminate in the

sale or rental of a dwelling because of race, color and religious background of the buyer or renter.

• It is illegal to discriminate against a person in the terms, conditions or privileges of the sale and rental of a dwelling.

• The law makes it illegal for an owner or his agent to represent to any member of any statutorily protected class that a dwelling is unavailable for inspection, rental, or sale, when, in fact, it actually is available.

Significant Points Created by the Law

• The Act authorizes federal lawsuits by the U.S. Department of Justice, and private lawsuits that can be filed in federal or state courts by individuals.

• The Fair Housing Act also sought to end a practice called "blockbusting": the practice by realtors of frightening homeowners by telling them that people who are members of a particular race, religion, or other protected class are moving into their neighborhood and that they should expect a decline in the value of their property.

Reasoning Used to Support the Law

• African American Americans became increasingly vocal and better mobilized for political action after World War II. During the 1950s, they began to protest their treatment more publicly and actively as they demanded comprehensive protection of their civil right.

• The 14th amendment provided for equal protection under law.

Impact on Democracy• President Johnson welcomed the bill

he had sought for so long. Within a few hours of passage, he signed it into law in a nationwide television broadcast from the White House. On July 2, 1964, President Johnson spoke the following words before signing the bill:

“ We believe that all men are created equal -- yet many are denied equal treatment. We believe that all men have certain inalienable rights. We believe that all men are entitled to

the blessings of liberty -- yet millions are being deprived of those blessings, not because of their own failures, but

because of the color of their skins.”

Fair Housing Act main message:

“One country, one community”

Elements of Democracy that prevailed after the Fair Housing Act

• Liberty: People were guaranteed civil liberties that were previously denied.

• Equality: People were now considered equal in regards to choosing where to live.

• Rule of law: The Fair Housing Act applied equally to everyone.

Video

Video at 5 mins

Sourceshttp://www.law.cornell.edu/supct/html/historics/USSC_CR_0163_0537_ZS.htm

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0409_ZS.html

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mayer.html

http://legal-dictionary.thefreedictionary.com/Fair+Housing+Act+of+1968

http://www.fairhousingfirst.org/fairhousing/history.html

http://www.congresslink.org/print_basics_histmats_civilrights64text.htm

http://www.youtube.com/watch?feature=player_detailpage&v=wdKzxSC7DTU#t=307

http://www.bostonfairhousing.org/timeline/1968-Fair-Housing-Act.html