Fair Housing Series Part 2: Fair Housing Act Was a Compromise – Footnotes

  1. Civil Rights Act of 1968 (Fair Housing Act), Pub. L. No. 90-284, 82 Stat. 73 (1968). Senator Everett Dirksen brokered the compromise removing HUD’s direct enforcement authority, substituting a 30-day conciliation process.
  2. Equal Credit Opportunity Act of 1974, Pub. L. No. 93-495, 88 Stat. 1521 (1974). Prior to ECOA, no federal prohibition existed against denying mortgage credit on the basis of race.
  3. Community Reinvestment Act of 1977, Pub. L. No. 95-128, 91 Stat. 1147 (1977). Enacted in direct response to documented redlining by banks accepting deposits from Black communities while refusing to lend there.
  4. National Housing Act of 1934, Pub. L. No. 73-479, 48 Stat. 1246 (1934); Servicemen’s Readjustment Act of 1944 (GI Bill), Pub. L. No. 78-346, 58 Stat. 284 (1944). Less than 2 percent of GI Bill home loans went to Black veterans.
  5. Rothstein, Richard. The Color of Law (New York: Liveright Publishing, 2017), 59–75.
  6. Katznelson, Ira. When Affirmative Action Was White (New York: W.W. Norton, 2005), 113–141.
  7. Fair Housing Amendments Act of 1988,Fair Housing Series Part 2: Fair Housing Act Was a Compromise Pub. L. No. 100-430, 102 Stat. 1619 (1988). Added administrative law judge system, removed complainant litigation cost requirement, added disability and familial status as protected classes, and substantially increased available damages.
  8. ]U.S. Census Bureau, “Quarterly Residential Vacancies and Homeownership,” Q4 2024. Black homeownership rate: 44.7 percent. The racial homeownership gap has not materially improved in five decades since passage.
  9. ]Executive Order No. 14281: Restoring Equality of Opportunity and Meritocracy, April 23, 2025. Combined with HUD staff reductions, this effectively removed the enforcement capacity the 1988 Amendments established.