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Erika Campbell

Professor Sapotichne

PLS 313-001

14 December 2015

Fair Housing Act of 1968: A Feasibility Analysis

For millions of individuals and families in the United States, the ability to purchase a

home is considered a crucial part of the “American Dream”. From the beginning of the housing

market, both private and public groups, as well as governmental organizations, have attempted to

find ways to make attaining the dream of home ownership more feasible for Americans. This

issue is one of the utmost importance to constituents and politicians alike. This importance is

based in the representation of housing as not only a basic human need, but also a larger symbol

of the prosperity and growth of both cities and nations. In the year 1968, the playing field for

housing was better leveled, with the passage of the Fair Housing Act, which put into law

prohibitions against the discrimination in sale or rental of housing based on race.

Issue Emergence:

The issue of fair housing was not one that emerged only in 1968, during the 1900s the

United States saw a heavy movement of African Americans from North to South. What came to

be known as the Great Migration was the attempt of African-American workers to escape the

racially-hostile environment of the South. With this movement, the issue of housing segregation

in urban areas emerged, and subsequently the denial of African Americans from white suburbs.

White suburbanites believed that allowing black families into their neighborhoods would cause a

decrease in housing prices, and were unwilling to watch real-estate prices drop. Therefore, the

necessity for their votes enabled politicians to “frame and tailor this issue in their zeal to attract

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and retain the crucial suburban vote” (Lamb 3). President Lyndon B. Johnson, whose

administration oversaw the passage of the Fair Housing Act, believed that the “need for a fair

housing statue was apparent from the pervasiveness of black-white housing segregation” (Lamb

26).

In order to achieve the passage of The Fair Housing Act (FHA), certain political and legal

factors were important precursors. The passage of the Civil Rights Act of 1964 prohibited all

discrimination on the basis of race, color, religions, sex, or national origin, especially in regards

to public life such as facilities, schools, and voter registration. However, this law did not

discriminate against the private and public sale of property. Therefore, it was only after this set

of laws had been enacted that President Johnson began advancing the Fair Housing Act.

Additionally, the dramatic change in ideological viewpoint between the Republican and

Democratic parties regarding civil rights played an increasingly important role. While

Republicans became more conservative toward civil rights issues, Democrats became more

liberal. Then, with the induction of Lyndon Johnson, whose idea of a “Great Society (27) heavily

involved racial justice, an incredible triad was created within the American legal and legislative

system: “a Democratic President, a democratic congress, and a liberal-activist supreme court”

(27) were ready to pass and defend some of the most ground-breaking pieces of civil rights

legislation the nation had encountered, and with this political climate, the Fair Housing Act was

mobilized by President Johnson.

POLICY ISSUE POLICY PROVISION

S

ROLE OF GOVERNMENT:

AS HOUSING REGULATIONS

No government regulation: Citizens

Limited Regulation: Government takes a partial role in housing

Mixed Regulation:Government takes a more involved role

Complete Regulation: Government as regulators

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may choose who to sell to as desired

sale regulations in housing sale regulation

of housing sales

PENALTY: PROCEEDINGS OF PUNISHMENT/INVESTIGATION OF THOSE WHO DO NOT ADHERE TO HOUSING SALE REGULATIONS

No penalty: Citizens may sell property as they see fit.

Referral to local proceedings: Individual jurisdictions handle investigations

Secretarial investigation with local enforcement:Federally-appointed secretary investigates incident with assistance of local enforcement

Federal investigation and punishment:Local enforcement has no role

TIME/IMPLEMENTATION:

AMOUNT OF TIME BEFORE

STATES AND INDIVIDUALS MUST

COMPLY WITH BILL

No time frame: No regulation on sales.

Bill is enacted but on no specific time frame

Federal properties must enact immediately, private owners must adhere by December 31st, 1968

Immediate enactment

APPLICATION OF BILL:

WHO MUST ADHERE TO THIS BILL

No application: No regulatory bill

Federally-owned/controlled properties

All federally-owned, private citizens and realtors, with special exemptions

All private and public owners, no exemptions

GOVERNMENT INVESTMENT:

MONETARY INVESTMENT AND

OVERSIGHT OF THE APPLICATION OF

THE BILL

No government investment:No regulation on sales

Reimbursement given to states and cities that cooperate in bill, no federal oversight.

Appropriation of funds for legal proceedings of bill.

Provides funding and federal monitoring of the enactment of bill

Image 1

Policy Proposals:

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With the political environment and legal system ready to receive civil rights legislation,

one of the most important details in ensuring the passage of the Fair Housing Act was the

consideration of the many different policy proposals for this issue. As image one shows above,

one of the most contentious pars of this bill is whether or not the federal government is able to

tell private owners who they must sell to. Therefore, the final bill that passed would stem from

this issue. The section under greatest debate were those regarding the mechanics and specific

details enactment.

The first criteria listed describes the ways in which investigation and punishment will be

handled in the event that a person disobeys this anti-discrimination bill. Having local

governments, federal investigators, or a mix of the two institutions are three possible solutions

for giving a non-biased, thorough investigation to claims of discriminatory housing policies. The

second row gives a time frame under which private citizens and government housing must begin

to adhere to the bill if enacted.

The third row presents an important part of both possible policy proposals, and what was

eventually passed into law. Who the bill applies to presents both challenges and several different

policy proposals that could be considered. If the government has full control, then no

government or private property owner, nor realtor may discriminate in property sales. However,

private citizens are often wary of having government tell them how to handle private matters,

therefore other exemptions (such as the religious exemption of the final bill) had to be

considered by legislators. The final piece of criteria that holds importance for the Fair Housing

Act is the way in which the government will fund and oversee the implementation of the bill.

With more funding for integration programs there is more government involvement and

oversight, which can often be a point of disagreement between both political parties and citizens.

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Government officials then had the important task of considering each of these proposals, while

balancing out the interests of private citizens with the interests of those being discriminated

against, as well as taking into account powerful interest groups at work.

INTEREST GROUP DESCRIPTION

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NATIONAL ORGANIZATION FOR THE

ADVANCEMENT OF COLORED PEOPLE

Civil rights leaders during 1950s and 60s. Won several important court cases for civil rights, approx. 600,000 members during 1960s

KU KLUX KLAN Religious background. Chapters in 15 states,

many Congressmen former members. 20,000

members during 1960s.

CONGRESS OF RACIAL EQUALITY Considered one of “big four” civil rights

groups. Organized Freedom Summer, freedom

rides, and nationwide protests. Predominantly

white members

NATIONAL ASSOCIATION OF

REALTORS

1,550 active chapters, 87,871 members during

1968.

Image 2

Interest Group Power:

Despite the political environment and number of possible policy provisions, interest

groups working for or against the Fair Housing Act attempted to use their political power to

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shape the policy in a way that was most expedient for them. Two key civil rights organizations,

The National Association for the Advancement of Colored People and the Congress of Racial

Equality, pushed hard to see the passage of legislation that would outlaw discrimination in the

sale of housing, with as little change as possible. In contrast, groups such as the Ku Klux Klan

and National Association of Realtors hoped to see all or part of the legislation struck down, and

use any power to see the bill’s policies favor them.

The two organizations in favor of passing the Fair Housing Act believed in passing it without

exemptions and with plenty of avenues for citizens to report discrimination in housing. The

National Association for the Advancement of Colored People (NAACP) was one of the Fair

Housing Act’s greatest supporters. The NAACP was a historically powerful political force, with

approximately 600,000 members during 1960s, with an unprecedented ability to mobilize

support and win landmark court cases with their legal team. Public protests organized by the

NAACP such as the Freedom Rides of 1961, and court cases like Brown v Board of Education

had placed this interest group on the political landscape. Additionally, their lobbying efforts had

helped push forward the Voting Rights Act of 1965, as well as the integration of the armed

forces. All of this participation and success in past political environments made it clear that

having the NAACP backing a bill was an important perquisite of passing a civil rights policy.

Similar to the NAACP, the Congress of Racial Equality (CORE) carried political power

through their years of organized protest and civic engagement. Their work included voter

registration for black men and women, as well as freedom rides, sit-ins, and lobbying for

different pieces of legislation. Their membership consisted of a majority of white members,

bringing a level of legitimacy to a civil rights organization that would have been received poorly

during the 1960s had the members been predominantly black. These two organizations,

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consisting of both black and white members, had proven themselves powerful political players

throughout the years and continued to lobby and fight for the Fair Housing Act during the year of

1968.

While both the NAACP and CORE offered strong support and political power for the

passage of the Fair Housing Act, two key interest groups fought for greater modification or

denial of the bill. The Ku Klux Klan (KKK), a radical interest group, had been in existence since

the mid-1800s, and was known throughout the country as a group determined to halt any attempt

to grant African Americans any civil rights. This history of anti-black activist and resurgence of

support during the 1960s allowed them to reach 20,000 members spread over 12 active chapters,

giving them enough political power to influence southern politicians voting on the bill. This

influence of southern politicians was seen when “on one occasion, Senator Robert Byrd of West

Virginia, a former Ku Klux Klan member, spoke for over 14 consecutive hours” (A&E

Networks) against the Fair Housing Act. Having congressmen as former members gave the KKK

a level of influence that would make passage of the bill much more difficult, and give them the

opportunity to influence modifications.

The second key interest group to consider in the modification and passage of the Fair

Housing Act is the National Association of Realtors (NAR). The Fair Housing Act has explicit

clauses barring discrimination not only when owners sell property, but when realtors do so as

well. These clauses were not to the satisfaction of NAR, and their discontent with the policy

created a very powerful enemy of the Fair Housing Act. During 1968, the NAR was not only

politically active, but had 1,550 chapters and 87,871 members to endorse their opposition to the

FHA. The number of members and chapters alone gave NAR a great deal of political standing,

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and their activism as an interest group made it all the more powerful as the Fair Housing Act

worked its way through Congress.

POLICY ISSUE POLICY PROVISION

S

ROLE OF GOVERNMENT: No Limited Mixed Complete

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AS HOUSING SALE REGULATORS government regulation: Citizens may choose who to sell to as desired

Regulation: Government takes a partial role in housing sale regulations

Regulation:Government takes a more involved role in housing sale regulation

Regulation: Government as regulators of housing sales

PENALTY: PROCEEDINGS OF PUNISHMENT/INVESTIGATION OF THOSE WHO DO NOT ADHERE TO HOUSING SALE REGULATIONS

No penalty: Citizens may sell property as they see fit.

Referral to local proceedings: Individual jurisdictions handle investigations

Secretarial investigation with local enforcement:Federally-appointed secretary investigates incident with assistance of local enforcement

Federal investigation and punishment:Local enforcement has no role

TIME/IMPLEMENTATION:

AMOUNT OF TIME BEFORE STATES

AND INDIVIDUALS MUST COMPLY

WITH BILL

No time frame: No regulation on sales.

Bill is enacted but on no specific time frame

Federal properties must enact immediately, private owners must adhere by December 31st,

1968

Immediate enactment

APPLICATION OF BILL:

WHO MUST ADHERE TO THIS BILL

No application: No regulatory bill

Federally-owned/controlled properties

All federally-owned, private citizens, and realtors, with special exemptions

All private and public owners, no exemptions

GOVERNMENT INVESTMENT:

MONETARY INVESTMENT AND

OVERSIGHT OF THE APPLICATION OF

THE BILL

No government investment:No regulation on sales

Reimbursement given to states and cities that cooperate in bill, no federal oversight.

Appropriation of funds for legal proceedings of bill.

Provides funding and federal monitoring of the enactment of bill

Image Three

Interest Group Symbol:Indicates policy influence

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National Association for the Advancement

of Colored People (NAACP)

Congress of Racial Equality (CORE)

Ku Klux Klan (KKK)

National Association of Realtors (NAR)

Image Three Key

Interest Group Influence:

The power and influence of the key interest groups surrounding the Fair Housing Act

affected the way in which the policy would take its final form, and when these interest groups

came together either for or against the FHA, the influence becomes even stronger. The NAACP

and CORE formed an “advocacy coalition” (Birkland), portrayed by the large blue circle. Both

the NAACP and CORE worked solely on the ideology of racial equality, and when the FHA

promised equality in the housing market, they quickly supported the role of government as a

housing regulator. While both the Ku Klux Klan and the National Association of Realtors had

the money, support, and tradition of influencing policy makers, they stood separate on the ways

in which they wanted to the bill to be handled. Therefore, their individual influence was not

nearly as strong as the combined force of CORE and the NAACP. The influence of these two

civil rights groups was crucial, as the FHA was a use of mobilization for agenda setting by

President Johnson, who put the bill on the agenda. After this topic was placed on the agenda, it

was up to pro-FHA groups such as the NAACP and CORE to expand positive attention on the

issue to the larger public and media.

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While the actual clause of anti-discrimination was passed, certain bargains regarding the

mechanics of the bill had to be made in order for groups such as the NAR and the KKK to be

appeased. According to the NAR website, realtors worried that the “law made it too easy for

complainants to get an administrative remedy, whereas a court remedy was tied up in a tedious

process that required the U.S. Department of Justice to establish a pattern” (Salvant). With their

large membership and lobbying power, the NAR wanted to influence policymakers toward a

more fully explained and drawn-out system for filing discrimination claims, protecting

themselves from facing unwarranted litigation.

The Ku Klux Klan, through their use of former members in Congress, also carved out

their own place on the policy. While the KKK was opposed to any sort of government

interference in the sale of property altogether, their influence and opposition did come to affect

the final policy that passed. The final version of the Fair Housing Act included a provision to

exempt religious organizations from being affected by the anti-discrimination clause. This was to

the advantage of the Ku Klux Klan, who still held status as a religious organization in 1968.

Conclusions:

The contentious policy proposals of the Fair Housing Act are not those regarding

discrimination, rather the clauses detailing what anti-discrimination will look like. Interest

groups in favor of the bill were able to influence the FHA toward passage by coming together to

combine resources and membership bases. However, their success in passing anti-discrimination

laws in housing would come with heft bargaining in 1968, and in years to come. The National

Association of Realtors was not satisfied with the legal structure of the 1968 bill, and would

continue to be a force against Fair Housing for another twenty years. Additionally, the Fair

Housing Act had to be later amended in order to account for loopholes found by realtors and

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private citizens alike who wished to continue discrimination in housing. Despite present and

future challenges, the political and social climate of 1968 as well as the resolve of President

Johnson made the passage of the FHA much more realistic. While certain bargains were made in

order to appease powerful interest groups, the bill was passed with its main purpose intact: to

outlaw discrimination against those looking to purchase or rent a home.

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Works Cited

"100 Years of History ." naacp.org. N.p., n.d. Web. 8 Dec. 2015.

<http://www.naacp.org/pages/naacp-history>.

"Civil Rights Act." History.com. N.p., 2010. Web. 10 Dec. 2015.

<http://www.history.com/topics/black-history/civil-rights-act>.

"Congress of Racial Equality." History.com. N.p., 2009. Web. 8 Dec. 2015.

<http://www.history.com/topics/black-history/congress-of-racial-equality>.

"Fair Housing Act ." fairhousingfirst.com. N.p., Apr. 1968. Web. 30 Nov. 2015.

<http://www.fairhousingfirst.org/documents/fairhousingact.pdf>.

"Historic Report." realtor.org. National Association of Realtors , 4 Feb. 2013. Web. 5 Dec.

2015. <http://www.realtor.org/membership/historic-report>.

"Ku Klux Klan." West's Encyclopedia of American Law. 2005. Encyclopedia.com. 10 Dec.

2015. <http://www.encyclopedia.com>.

Lamb, Charles M. My library My History Books on Google Play Housing Segregation in

Suburban America since 1960: Presidential and Judicial Politics. Cambridge: Cambridge

University Press, 2005. 26-60. Print.

Salvant, Lucien. " | -AA+A 30th Anniversary of the Fair Housing Act: Many Neighborhoods—

One America."realtormag.realtor.org. National Association of Realtors , Apr. 1998.

Web. 7 Dec. 2015. <http://realtormag.realtor.org/news-and-

commentary/feature/article/1998/04/30th-anniversary-fair-housing-act-many-

neighborhoods-one>.