Civil Rights Act of 1968

Overview

The Civil Rights Act of 1968, commonly known as the Fair Housing Act, was enacted to end discrimination in housing-related activities, including the sale, rental, and financing of housing. This law ensures that every individual has the right to access housing without facing barriers based on race, color, religion, sex, familial status, or national origin.

The law makes it unlawful to:

Refuse to rent or sell housing
Refuse to negotiate for housing
Impose different sale prices or rental rates for different people
Use discriminatory advertisements
Impose different terms or conditions for housing loans

Examples

Example 1: Discrimination Prohibited
A landlord refuses to rent an apartment to a single mother with children. Under the Civil Rights Act of 1968, such refusal is prohibited as it constitutes discrimination based on familial status.
Example 2: Senior Housing Exemption
An apartment complex intended specifically for senior citizens is allowed to refuse renting to younger individuals or families with children as there is an exemption that allows housing developments primarily serving older adults to limit their tenancies.

Frequently Asked Questions

What protections are provided under the Fair Housing Act?

The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, national origin, familial status, or disability.

Are there exemptions to the Fair Housing Act?

Yes, some exemptions include:

Single-family homes sold or rented by the owner without the use of a broker
Owner-occupied buildings with no more than four units
Housing operated by private clubs or organizations that limit occupancy to members
Certain senior housing developments

Can a housing provider consider a tenant’s income level?

Yes, housing providers can consider applicants’ financial capabilities and credit history as part of the rental or purchase process, as long as the evaluation applies uniformly and does not serve as a pretext for prohibited discrimination.

How can victims of housing discrimination seek justice?

Victims can file complaints with the U.S. Department of Housing and Urban Development (HUD) or bring a private lawsuit within two years from the occurrence of the alleged discrimination.

What is the role of the U.S. Department of Housing and Urban Development?

HUD is responsible for enforcing the Fair Housing Act and investigating complaints of discrimination in housing. HUD can resolve disputes through conciliation or bring cases before an Administrative Law Judge.

Federal Fair Housing Act: Title VIII of the Civil Rights Act of 1968, which aims to eradicate discrimination in housing.
Housing Discrimination: Unfair treatment of individuals in housing based on protected characteristics.
Equal Housing Opportunity: The principle and practice that all individuals should have the same opportunities to live where they choose.
Anti-Discrimination Law: Legislation aimed at preventing unfair treatment and ensuring equal rights for individuals.

Online Resources

HUD Fair Housing Act Information
HUD Fair Housing Act
The United States Department of Justice Civil Rights Division
US DOJ Civil Rights Division
National Fair Housing Alliance
NFHA
American Civil Liberties Union (ACLU)
ACLU Housing Discrimination

References

U.S. Department of Housing and Urban Development, “Fair Housing and Equal Opportunity,” accessed October 2023, HUD.GOV
U.S. Department of Justice, “The Fair Housing Act,” accessed October 2023, JUSTICE.GOV

Suggested Books for Further Studies

**“From the Ground Up: Building a Dream House in Greenwich” by Sandy McGoll

Describes obstacles faced including zoning and discriminatory practices.

“The Fair Housing Act after 50 Years: Advocacy, Litigation, and Market Challenges” by George Mason Law and Economics Research Paper

Review of policy and case law developments related to the Fair Housing Act.

“Making a Home in the Twenty-First Century: Methodologies for Researching the Production and Management of Housing” by International Journal of Housing Policy

Real Estate Basics: Civil Rights Act of 1968 Fundamentals Quiz

### Under which title is the Federal Fair Housing Act listed? - [ ] Title VI - [ ] Title VII - [x] Title VIII - [ ] Title IX > **Explanation:** The Federal Fair Housing Act is listed under Title VIII of the Civil Rights Act of 1968. ### Which of the following groups is NOT directly protected under the Fair Housing Act? - [ ] Race - [ ] Religion - [ ] Sex - [x] Sexual orientation > **Explanation:** Currently, race, religion, sex, and familial status are protected under the Fair Housing Act. Sexual orientation is not one of the original protected categories under the Act, however, some states and local jurisdictions provide additional protections. ### Is a landlord permitted to reject a tenant purely based on the tenant having children? - [ ] Yes - [x] No - [ ] Yes, but only if it is documented - [ ] Yes, but only after notifying the tenant in writing > **Explanation:** No, rejecting a tenant solely because the tenant has children would constitute discrimination based on familial status, which is prohibited under the Fair Housing Act. ### Can an owner-occupied building with four or fewer rental units be exempt from the Fair Housing Act? - [x] Yes - [ ] No - [ ] Only if the owner files an exemption form - [ ] Only if the building is in a rural area > **Explanation:** Yes, housing in an owner-occupied building with four or fewer units is exempt from the Fair Housing Act. ### Who is primarily responsible for enforcing the Fair Housing Act? - [ ] Real Estate Agents Association - [ ] State Governments - [x] U.S. Department of Housing and Urban Development (HUD) - [ ] Local Municipalities > **Explanation:** The U.S. Department of Housing and Urban Development (HUD) is the primary agency responsible for enforcing the Fair Housing Act. ### The Civil Rights Act of 1968 prohibits discrimination on which of the following bases in housing? - [ ] Age - [ ] Employment - [x] Race, color, religion, sex, national origin, familial status, disability - [ ] Political Persuasion > **Explanation:** The Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. ### If a potential tenant with a disability requires modifications to the rental unit, who is responsible for these changes? - [ ] Landlord, if it’s over $500 - [x] Tenant, but with landlord's approval - [ ] Government disability office - [ ] Real estate broker > **Explanation:** The tenant is responsible for modifications needed due to a disability, but changes must be approved by the landlord. ### Are advertisements that specify preferences based on religion allowed under the Fair Housing Act? - [ ] Yes - [ ] Yes, if targeting a religious audience - [ ] Sometimes - [x] No > **Explanation:** No, housing advertisements that specify preferences or exclusions based on religion are not allowed under the Fair Housing Act. ### Which body deals with disputes in the context of the Fair Housing Act? - [ ] Small Claims Court - [x] U.S. Department of Housing and Urban Development (HUD) - [ ] Real Estate Board - [ ] State Court > **Explanation:** The U.S. Department of Housing and Urban Development (HUD) handles disputes related to violations of the Fair Housing Act. ### Why was the Civil Rights Act of 1968 significant for the real estate industry? - [ ] It reduced the costs of permits. - [x] It aimed to eliminate racial discrimination in housing. - [ ] It helped in preserving green spaces. - [ ] It limited the powers of landlords. > **Explanation:** The Civil Rights Act of 1968 was significant for the real estate industry because it aimed to eliminate racial and other forms of discrimination in housing, ensuring equal opportunity for all individuals.