Webinar
NFHTA Forum | Addressing Systemic Housing Challenges: Racism in the Homebuying Process
September 21, 2022 | 2:00 PM - 4:00 PM EDT
Online
Description
"Where choice influencing factors such as race are not eliminated, freedom of choice in the purchase of real estate becomes a fantasy. It is the freedom of choice for the purchaser which the Fair Housing Act protects." Judge Damon Keith - Zuch v. Hussey, 594 F. Supp. 1028, 1048 (E.D. Mich. 1975) (Keith, J.), aff'd and remanded, 547 F.2d 1168 (6th Cir. 1977).
Homeownership is the cornerstone for building wealth in America. Yet nearly 55 years after the passage of the Fair Housing Act of 1968, which was passed to prohibit all forms of housing discrimination, the dream of equality in home buying remains unfulfilled. To date, steering and other covert kinds of discriminatory practices remain in the homeownership process. Recent reports of widescale steering by real estate agents, low appraisals of the homes of Black and Brown families, and other discriminatory practices show that much work remains.
This NFHTA forum will pull back the covers on subtle yet discriminatory practices that deny potential homebuyers access to fair and equitable housing. Panelists will examine and discuss the impact that racism and discrimination have at each stage of the homebuying process and the compounding cost to families and communities. Finally, participants will better understand how to increase consumer awareness, educate communities, and explore investigative strategies for enforcement agencies.
Learning Objectives
- Identify the common types of housing discrimination in the home buying process.
- Gain knowledge of the economic impacts of discrimination in the home buying process, including the continued disparities in wealth accumulation and the perpetuation of segregation.
- Explore the phenomenon of steering and its role in creating and reinforcing segregation.
- Discuss fair housing laws, regulation, and theories of liability used to combat steering and other forms of discrimination in the home buying process.
- Explore methods for conducting systemic and complaint-based investigations of unlawful steering practices and identifying responsible parties.
Audience
This forum is targeted to HUD-funded fair housing organizations (i.e., FHIP and FHAP professionals), fair housing partners (e.g., housing counselors, legal service providers, and civil rights advocates), real estate professionals (real estate agents and brokers), and others in the housing/lending industries.
Stay Tuned...
Materials for this forum will be posted in 1-2 weeks.
If you have any questions about materials, please contact NFHTA@cloudburstgroup.com.
Materials
Section 804 of the Fair Housing Act, as amended 42 U.S.C. § 3604
A section of the Fair Housing Act. Steering may violate Sections 804(a), (b), (c) and (d) of the Fair Housing Act (FHA).
24 C.F.R. § 100.70 Other Prohibited Sale and Rental Conduct
These regulations address discriminatory housing practices specifically those labeled as "other prohibited sale and rental conduct."
HUD Memorandum: Elements of Proof
Date Published: September 2018
This memorandum provides guidance in identifying the proper elements of proof/prima facie case elements when investigating Fair Housing Act complaints and writing determinations of both reasonable cause and no reasonable cause. It presents two possible frameworks: (1) McDonnell Douglas burden-shifting approach starting with a prima facie case analysis, or (2) a direct evidence analysis.
Gladstone Realtors v. Village of Bellwood, 441 U.S. 91 (1979)
Decided: April 17, 1979
On April 17, 1979, the US Supreme Court rendered a decision in Gladstone Realtors v. Village of Bellwood. The Court found that steering on the basis of race is illegal. The Court granted standing to sue to the Village of Bellwood and its residents based on the fact that having been deprived of the social and professional benefits of living in an integrated society [were] sufficient injury allegations in fair housing cases.
Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982)
Decided: February 24, 1982
On February 24, 1982, the US Supreme Court rendered a decision in Havens Realty Corp. v. Coleman. The case was an important landmark for fair housing advocates as the Court gave a seal of approval to "testing" and determined that testers have standing to sue. Further, the court determined that fair housing centers also have standing to sue when the discriminatory actions of a defendant impair the center's activities.
Decided: April 28, 1975
This is an action brought by residents of several communities in Northwest Detroit to seek a remedy for certain alleged violations of the Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq. The matter is presently before the Court on the plaintiffs' Motion for a Preliminary Injunction. The hearing on this motion lasted approximately ten weeks, during which time the Court heard testimony from over fifty witnesses. More than ninety exhibits were admitted into evidence. After careful consideration of the matter and pursuant to the findings of facts and conclusions of law, the Court grants the plaintiffs' Motion for a Preliminary Injunction.
Date Published: January 1, 2022
This is the Code of Ethics and Standards of Practice of the National Association of Realtors. While the Code of Ethics establishes obligations that may be higher than those mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of the law must take precedence.
2022 Snapshot of Race and Homebuying In America
Date Published: February 2022
This report from the National Association of Realtors® examines the homeownership trends among each race and the challenges that they face to become homeowners. The report also examines homeownership across race groups and locations in order to explain the current racial disparities in the housing market.
Date Published: November 2019
In one of the most concentrated investigations of discrimination by real estate agents in the half century since enactment of America's landmark fair housing law, Newsday found evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communities on Long Island. The three-year probe strongly indicates that house hunting in one of the nation's most segregated suburbs poses substantial risks of discrimination, with black buyers chancing disadvantages almost half the time they enlist brokers.
Date Published: April 2017
Despite decades of civil rights successes and fair housing activism, who gets access to housing and credit, on what terms, and where, remains driven by race. This report discusses how Implicit Bias undermines housing opportunity in America--and what we can do about it.
Date Published: August 2018
Despite numerous legal interventions intended to mitigate racial discrimination in the United States, racial inequality persists in virtually every domain that matters for human well-being. To better understand the processes enabling this durable inequality, this report is a case study of the housing market--a domain centrally linked to persistent, systemic disparity--in Houston, Texas that examines how racial stereotypes permeate the distinct but serially linked stages of the housing exchange process; the conditions under which stereotypes are deployed in each stage; and how such dynamics accumulate to affect ultimate processes of exclusion and inclusion.
The Black Tax: The Cost of Being Black in America
Date Published: January 2018
A book that analyzes how anti-Black bias has created a detrimental tax that Black Americans pay in the housing, lending, auto, online, and job markets and how that tax has decreased their ability to provide quality education, safe neighborhoods, and a sizable inheritance for their children.
NAR Introduces Implicit Bias Training for Realtor® Members, Associations
Date Published: June 10, 2020
This National Association of Realtors® (NAR) press release announced the launching of a training video exploring implicit bias that NAR developed in partnership with Perception Institute. The video "draws upon recent research to illustrate how the human brain's automatic, instant association of stereotypes with particular groups can cause people to treat those who are different from them unfairly". This project is part of NAR's Fair Housing Accountability, Culture Change and Training (ACT) Plan.
NAR's Fair Housing Action Plan (ACT Initiative)
Date Published: January 8, 2020
The National Association of Realtors® (NAR) issued this press release detailing the Fair Housing Action Plan that NAR's leadership unanimously passed on January 8, 2020. This plan, that NAR abbreviated to ACT, "emphasizes (A)ccountability, (C)ulture Change, and (T)raining in order to ensure America's 1.4 million REALTORS® are doing everything possible to protect housing rights in America."
An Apology From the National Association of REALTORS®
Date Published: November 19, 2020
This REALTOR® Magazine article discusses The National Association of Realtors® (NAR) 2021 President Charlie Oppler public apology for "NAR's past policies in support of racist practices, including steering, redlining, and creating covenants that prohibited nonwhite people from living in certain communities, were wrong."
Specific Enforcement Areas
Date Published: May 31, 2022
This page details the enforcement actions that the United States Department of Justice can take based on the type of discrimination prohibited under the Fair Housing Act.
Date Published: August 8, 2022
The Civil Rights Division Housing and Civil Enforcement Section enforces federal fair lending laws to protect equal access to credit. The Division has authority to enforce the Equal Credit Opportunity Act (ECOA) and the Fair Housing Act on its own or upon referral from another agency. Through the Initiative, the Department of Justice is partnering with U.S. Attorney’s Offices and coordinating with financial regulators to ensure that banks and lenders will be held accountable as we work to combat discriminatory race and national origin-based lending practices.
Sexual Harassment in Housing Initiative
Date Published: November 7, 2018
The Department of Justice's webpage on sexual harassment details recent cases, press releases, and articles.
Date Published: November 7, 2018
The Initiative seeks to increase the Department's enforcement of Religious Land Use and Institutionalized Persons Act (RLUIPA), and educate religious leaders, county and municipal officials, and the general public about RLUIPA.
Servicemembers and Veterans Initiative
The Department of Justice protects a servicemember's civilian employment rights, voting rights, and financial security. Through this page servicemembers, veterans, and their family members will find information about the federal laws that protect their rights.
Date Published: April 28, 2022
The Fair Housing Testing Program employs various means to accomplish testing in local communities, including contracts with private fair housing organizations and by using non-attorney Department employees throughout the country. The Department employees are volunteers who have been trained to participate as testers. Using these various means, the Fair Housing Testing Program conducts numerous investigations simultaneously at any given time.
Housing and Civil Enforcement Section News, Cases, and Guidance
DOJ Civil Rights Division Housing and Civil Enforcement Section News
This website features DOJ Housing and Civil Enforcement Section press releases to remain apprised of the Department’s developments.
DOJ Civil Rights Division Housing and Civil Enforcement Section Recent Accomplishments
This page provides highlights of the ongoing work that the DOJ Housing and Civil Enforcement Section is doing to enforce the Fair Housing Act (FHA), the Equal Credit Opportunity Act (ECOA), Servicemembers Civil Relief Act (SCRA), the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA), and Title II of the Civil Rights Act of 1964, which prohibits discrimination in public accommodations.
DOJ Civil Rights Division Housing and Civil Enforcement Section Case List:
This page features cases handled by DOJ Housing and Civil Enforcement Section from 2018 to present. Fair housing practitioners to inform their work.
DOJ Civil Rights Division Housing and Civil Enforcement Section Policy Statements and Guidance
This page provides links to DOJ Housing and Civil Enforcement Section issued joint statements, guidance, and memorandums.
FHEO Remarks
Demetria McCain
Principal Deputy Assistant Secretary
Office of Fair Housing and Equal Opportunity, HUD
Jacy Gaige
Director, Compliance Disability Rights Division
Office of Fair Housing and Equal Opportunity, HUD
Live Roundtable
Sameena Shina Majeed
Chief of the Housing and Civil Enforcement Section, Civil Rights Division
Department of Justice (DOJ)
Panelist
About the Forums
Forums are online conversations designed to allow multi-directional interactions between HUD and its FHIP and FHAP partners around emerging fair housing issues regarding processing complaints, conducting investigations, and managing agencies. Topics will evolve based on partner needs and interests.
Disclaimer: The National Fair Housing Forum webinar series provides training by and to HUD partners, including entities and persons participating in HUD's FHAP Program and FHIP Program. The series offers multidirectional idea sharing in real-time. The views offered by speakers and participants do not necessarily reflect HUD's views. Similarly, unless otherwise noted, documents provided as part of the webinar were created and maintained by other public and private organizations and may not reflect HUD's official position. HUD-produced guidance documents, except when based on statutory or regulatory authority or law, do not have the force and effect of law and are not meant to bind the public in any way. Such guidance documents are intended only to provide clarity to the public regarding existing requirements under the law or HUD policies. The information is not intended to provide legal advice to any individual or entity. Please refer to relevant laws and regulations and/or your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked. Some materials have been translated into languages other than English; slight variations may have resulted from the translation.
Tags: Fair Housing NFHTA