Fair Housing Series Part 2: Fair Housing Act Was a Compromise – Footnotes

Civil Rights Act of 1968 (Fair Housing Act), Pub. L. No. 90-284, 82 Stat. 73 (1968). Senator Everett Dirksen brokered the compromise removing HUD’s direct enforcement authority, substituting a 30-day conciliation process.
Equal Credit Opportunity Act of 1974, Pub. L. No. 93-495, 88 Stat. 1521 (1974). Prior to ECOA, no federal prohibition existed against denying mortgage credit on the basis of race.
Community Reinvestment Act of 1977, Pub. L. No. 95-128, 91 Stat. 1147 (1977). Enacted in direct response to documented redlining by banks accepting deposits from Black communities while refusing to lend there.
National Housing Act of 1934, Pub. L. No. 73-479, 48 Stat. 1246 (1934); Servicemen’s Readjustment Act of 1944 (GI Bill), Pub. L. No. 78-346, 58 Stat. 284 (1944). Less than 2 percent of GI Bill home loans went to Black veterans.
Rothstein, Richard. The Color of Law (New York: Liveright Publishing, 2017), 59–75.
Katznelson, Ira. When Affirmative Action Was White (New York: W.W. Norton, 2005), 113–141.
Fair Housing Amendments Act of 1988,Fair Housing Series Part 2: Fair Housing Act Was a Compromise Pub. L. No. 100-430, 102 Stat. 1619 (1988). Added administrative law judge system, removed complainant litigation cost requirement, added disability and familial status as protected classes, and substantially increased available damages.
]U.S. Census Bureau, “Quarterly Residential Vacancies and Homeownership,” Q4 2024. Black homeownership rate: 44.7 percent. The racial homeownership gap has not materially improved in five decades since passage.
]Executive Order No. 14281: Restoring Equality of Opportunity and Meritocracy, April 23, 2025. Combined with HUD staff reductions, this effectively removed the enforcement capacity the 1988 Amendments established.

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Fair Housing Series Part 2: Fair Housing Act Was a Compromise – Footnotes

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