As Fair Housing Act turns 50, landmark law faces uncertain future

Under the Trump administration, and most Republican White Houses, enforcement of the 1968 anti-discrimination law has weakened. Housing advocates say the constantly changing federal approach has held back progress

By J. Brian Charles | Governing

Fifty years after passage of the Fair Housing Act — a law intended to end housing discrimination and increase homeownership among minorities — key enforcement provisions of it are being dismantled by the federal government.

President Lyndon Johnson signed the Fair Housing Act on April 11, 1968. /Lyndon B. Johnson Library

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Efforts to enforce the landmark law, which was signed by President Lyndon B. Johnson on April 11, 1968, have ebbed and flowed over the past five decades. Democratic presidents have tended to direct more resources toward enforcing it and have put greater emphasis on the Department of Housing and Urban Development’s role in desegregating cities. Republican administrations, meanwhile, have routinely scaled back those efforts.

But as the Fair Housing Act turns 50, many experts say HUD’s recent actions, under the direction of Secretary Ben Carson, represent a new level of attempts to undo the legislation.

Under Carson and President Donald Trump, HUD has decisively pared back its role as the primary legal advocate for the Fair Housing Act. Carson instructed HUD officials to delete the words “inclusive” and “free from discrimination” from the agency’s website. HUD recently settled a case in Houston under terms that at least one former official says does nothing to end residential discrimination in the city. And the agency terminated an investigation into Facebook for alleged discriminatory housing advertising practices. Carson has also delayed a requirement, established under the Obama administration, that local governments must create detailed plans to integrate racially divided neighborhoods. And HUD has put an indefinite hold on secretary-initiated housing cases, which historically have been seen as a critical tool in fighting systemic housing discrimination.

Advocates see the moves as a rollback of progress that had been made, particularly under the Obama administration.

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