50 Years of the Fair Housing Act
LOUISIANA REALTORS • March 28, 2018
Five decades ago Title VII of the Civil Rights Act was signed into law. This final piece of civil rights legislation prohibits the discrimination in the sale and rental of residential housing. The goal of this act was to end the decades-long problem of discrimination based on race, sex, age, disability, and several other personal characteristics when it comes to access to housing.
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Overseen by the U.S. Department of Housing and Urban Development, or HUD, this department has the authority to investigate cases of discrimination involving:
• Home sales
• Rentals
• Advertising
• Mortgage lending and insurance
• Property insurance
• And more
It is important to be aware of everything that the Fair Housing Act
covers. It applies to dwellings that are defined as, “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof”. It also covers a number of different real estate transactions:
• The making or purchasing of loans or providing other financial assistance for the purchase
• Construction
• Improvement
• Repair or maintenance of a dwelling
• The selling, brokering or appraising of residential real property
• Access, membership, or participation in multiple listing services, real estate brokers’ organizations, or other services related to the business of selling or renting dwellings.
Originally upon enactment, the Fair Housing Act prohibited discrimination based on race, color, religion, sex, or national origin. In 1974 and again in 1988 it was expanded to include disability and familial status. These are the protected classes under the act. But what exactly constitutes discrimination?
The types of discrimination that the Fair Housing Act protects against are outright, intentional discrimination, and disparate impact. Outright, intentional discrimination or steering can be proven with direct evidence such as a sign stating that a particular member of one of the protected classes listed above is not eligible to rent or purchase, or making statements dissuading interest based on age, race, sex, ability, etc. Disparate impact is less obvious. This type of discrimination will involve a policy that has the unintended consequence of discrimination. These types of policies can make housing options more restrictive for members of the protected classes than for people not affiliated with those groups. While this policy was not designed to discriminate, its implementation has a higher impact on people in the protected classes.
While this is a lot of information, this groundbreaking law has changed the lives of countless people and families for decades. As a REALTOR®
it is important to understand the ins and outs of the Fair Housing Act so that you can ensure that every client you have is receiving the protection that they deserve, because Fair Housing Makes U.S. Stronger.

NAR is pleased to share the latest consumer guide helping buyers navigate shifting interest rates. The one-page guide covers how lenders set rates, the impact of small shifts on monthly payments and strategies to get the lowest rate possible. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow up to two weeks for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Navigating Interest Rate Shifts Financing a Renovation When You Buy Staging Your House for a Sale Spotting Deepfake Scams in Real Estate Are You Ready to Invest in Real Estate? Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their home buying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for the next consumer guide, which looks at how solar installations may impact home sales transactions.

Louisiana REALTORS® spent week six of the Legislative Session actively engaged on several bills at the Capitol impacting core industry priorities, including private property rights, affordability, redevelopment and transaction-related regulations. Most of the meaningful activity remained in the House, where lawmakers continued advancing measures with direct implications for the real estate market. HB 284 by Rep. John Wyble , which would authorize certain local governments to expropriate blighted property by declaration-of-taking, failed on final passage in the House Tuesday by a 48-47 vote, and remains subject to reconsideration. Meanwhile, HB 472 by Rep. Alonzo Knox , which would authorize rent stabilization at the local level, was voluntarily deferred in committee following testimony from Louisiana REALTORS® and our partners at the Louisiana Apartment Association effectively ending its path this session. This marks a significant win, as rent control policies do not address housing supply challenges and instead risk further market distortion. In House Commerce, several key bills moved forward. HB 1027 by Rep. Troy Hebert , which clarifies that appraisers are not liable for a seller’s failure to meet smoke and carbon monoxide detector requirements, passed committee unanimously and is now slated for a House floor vote. This common-sense measure protects appraisers and helps preserve efficiency in the transaction process. HB 673 by Rep. Tammy Phelps , which would have imposed new security camera mandates on certain blighted properties, was also voluntarily deferred following industry opposition. Additionally, HB 426 by Rep. Phelps , which addresses criminal blighting and expands enforcement liability, remains under consideration. Louisiana REALTORS® is monitoring this bill closely to ensure efforts to address blight do not unintentionally discourage investment or redevelopment. We continue to track broader market integrity and redevelopment efforts. HB 468 by Rep. Hebert , addressing residential wholesaling, has now moved to the Senate after unanimous House passage. HB 217 by Rep. Chance Henry , which provides tax incentives for the rehabilitation of blighted property, also remains active in the Senate and represents a constructive approach to redevelopment. Looking ahead, the House Commerce Committee will consider HB 1166 by Rep. Kim Carver next week, which addresses disclosure requirements for vacant residential property. Louisiana REALTORS® supports clear, consistent consumer disclosures and have been working closely with the author and the Louisiana Real Estate Commission to ensure the bill is structured to promote transparency while maintaining practical standards and avoiding unintended liability for real estate professionals. Overall, the House carried the bulk of real estate activity this week, while the Senate saw limited movement on major REALTOR® priorities. As the session continues, Louisiana REALTORS® remains focused on protecting private property rights, opposing harmful market interventions, supporting responsible redevelopment and advancing policies that strengthen real estate transactions for both consumers and our members. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

NAR is pleased to share the latest consumer guide that helps buyers learn about conventional, FHA and VA mortgage options that let them fold in the cost of renovations or repairs. Renovation financing can help buyers compete in low-inventory markets, customize a home to their needs and build equity faster. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow up to two weeks for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Financing a Renovation When You Buy Staging Your House for a Sale Spotting Deepfake Scams in Real Estate Are You Ready to Invest in Real Estate? Thinking of Selling? 7 Factors to Consider Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their home buying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for the next consumer guide, which discusses lessening the impact of changing mortgage rates


