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.
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Candidate qualifying for Louisiana’s November 3 election began Wednesday, August 5, and concludes Friday, August 7. The three-day qualifying period will establish the candidates for all six U.S. House districts, as well as judicial, parish and municipal races across the state. This election cycle includes several changes to Louisiana’s congressional races and election calendar. The state’s U.S. House primaries, originally scheduled for May 16, were canceled following the U.S. Supreme Court’s decision in Louisiana v. Callais. The Louisiana Legislature subsequently adopted a new congressional map that reduced the number of Black-majority congressional districts from two to one. Under the revised election calendar, the November 3 U.S. House contests will use an open primary system. All qualified candidates will appear on the November ballot, regardless of party affiliation. A candidate receiving more than 50% of the vote will be elected. If no candidate receives a majority, the two candidates receiving the most votes will advance to a December 12 runoff. U.S. Senate The November general election will feature Republican nominee U.S. Rep. Julia Letlow and Democratic nominee Jamie Davis. Letlow's Senate campaign has also created an open seat in Louisiana's 5th Congressional District. 5th Congressional District Several candidates have announced campaigns for the 5th Congressional District seat: State Sen. Stewart Cathey State Rep. Michael Echols Louisiana Board of Regents Chair Misti Cordell State Rep. Gabe Firment Cathey, Echols and Firment currently serve in the Louisiana Legislature. Additional candidates may qualify before the deadline on Friday. The 5th District covers portions of northeastern and central Louisiana and extends into the Florida Parishes. 6th Congressional District Congressman Cleo Fields has announced that he will not seek reelection in the newly redrawn 6th Congressional District. Instead, Fields is running in a special election for his former state Senate seat, which became vacant following the death of Sen. Larry Selders of Baton Rouge. The newly drawn 6th Congressional District extends around the Baton Rouge area and includes portions of rural communities surrounding the capital region. State Sen. Rick Edmonds has announced his candidacy. State Sen. Blake Miguez has also been discussed as a potential candidate, although the candidate field will not be finalized until qualifying closes Friday. Federal law requires congressional candidates to reside in the state they seek to represent but does not require them to reside within the specific congressional district. 2nd Congressional District Congressman Troy Carter currently represents the 2nd Congressional District, which extends from the Baton Rouge area toward New Orleans. Under the newly adopted congressional map, the 2nd District remains Louisiana's sole Black-majority congressional district. East Baton Rouge Parish Judiciary All 15 judgeships on the 19th Judicial District Court are scheduled for election following the Legislature's creation of two new judicial election subdistricts. Each subdistrict will elect seven judges, with an additional judgeship elected parishwide. Litigation challenging the new judicial map remains pending. Judicial races are among the contests being monitored by Louisiana REALTORS® and local Political Action Teams. Judicial decisions can have implications for property rights, business activity, litigation and the overall legal environment in Louisiana. Local Elections Voters across Louisiana will also consider candidates for mayors, city and parish councils, school boards, police chiefs and other local offices. While these races typically receive less statewide attention than congressional and statewide contests, local elected officials make decisions affecting land use, zoning, permitting, infrastructure, taxation and housing policy. These issues can directly affect real estate activity and development within local communities. Candidate Lists and Election Information The candidate field will not be final until qualifying closes Friday, August 7. The official list of qualified candidates is available through the Louisiana Secretary of State's Candidate Inquiry portal. The complete election schedule, including key dates for voting, registration and absentee ballots, is available through the Secretary of State's election calendar. For Louisiana REALTORS®, the qualifying period provides an early look at the candidates who will appear on the November ballot and the races that may affect real estate, property rights, development and local communities across the state.
