Every April, we celebrate the passage of the Fair Housing Act of 1968. Originally designed as a part of the Civil Rights Act of 1964, the Fair Housing Act stands as the last significant, legislative achievement of the civil rights era.
The Act promised to make discrimination in housing based on race, religion, national origin, sex illegal. In 1988, the Fair Housing Act was strengthened by the addition of two additional classes, handicap and familial status.
Before 1968, it was perfectly legal practice for homeowners to refuse to sell a home, for a private bank to deny a loan, or for a real estate agent to lie and say there are no homes available to any member of these groups. It was so common people resorted to using a white buyer as an intermediary to purchase a home in an area that would have been otherwise forbidden.
The law made explicit discrimination in housing illegal and since that time inequity has improved. However, the full promise of fair housing for all has never been fully delivered.
One group that has long been the subject of discrimination and has been left out of protection has been the LGBTQ+ community. Common examples of discrimination include refusing to show property to a potential buyer because they appear to be transgender, denying to rent a home to a same-sex couple, and a building manager refusing to make required repairs because they do not agree with the tenant’s lifestyle.
A national push for additional protections for LGBTQ+ people never gained steam on a national level, even though many states and local laws were passed.
All of that changed on June 15, 2020, when the Supreme Court issued a decision in the Bostock vs. Clayton County. The Supreme Court held that Title VII’s prohibition against sex discrimination also included sexual orientation and gender identity.
Following that decision, President Biden issued Executive Order 13988 on preventing discrimination and HUD issued a memorandum implementing the change to enforce the prohibition on sex discrimination consistent with the Bostock decision.
If you believe you have experienced housing discrimination, contact HUD’s Office of Fair Housing and Equal Opportunity at 800-669-9777.
Greater Nashville Realtors believes that every individual should have access to safe, affordable housing, and a pathway to homeownership.
While we have taken another step to fulfill the promise of fair housing for all, our journey is not over. We need you and everyone else working together to make the American Dream a reality for all who desire to own a home.
Steve Jolly is President of Greater Nashville Realtors. A Realtor is a member of the National Association of Realtors who subscribes to its strict code of ethics. You can reach Steve at 615-519-0983 or Steve@NashvilleRealEstateNow.com