Research Guides: Student Project: The Fair Housing Act and Racism: Secondary Sources

Books

Housing Segregation in Suburban America since 1960 by Charles M. Lamb
ISBN: 9780521548274
Publication Date: 2005-01-24
Charles Lamb's study argues that the promise of the Fair Housing Act was not realized because President Richard Nixon narrowly construed its intent and set in place a policy that has been upheld by his appointees to the federal courts and sustained by subsequent administrations, both Republican and Democratic.
The Imperative of Integration by Elizabeth Anderson
Call Number: E-book
ISBN: 9780691139814
Publication Date: 2010-09-27
Some would argue that we have finally arrived at a postracial America, but The Imperative of Integration indicates otherwise.

CRS Reports

Jody Feder, Cong. Research Serv., 95-710, The Fair Housing Act: A Legal Overview (2003).
Provides a summary of housing practices in which discrimination is prohibited, what disparate impact discrimination looks like in the context of the FHA, as well as who has the power to enforce the FHA.
David H. Carpenter, Cong. Research Serv., R44203, Disparate Impact Claims Under the Fair Housing Act (2015).
Discusses the availability of discriminatory intent claims under the FHA before the Texas decision, and the significance of discriminatory impacts becoming cognizable after the Texas decision.

Journals

Law Review Articles

Stephen M. Dane, Tara K. Ramchandani, & Anne P. Bellows, Discriminatory Maintenance of REO Properties as a Violation of the Federal Fair Housing Act, 17 CUNY L. Rev. 383 (2015).
more...less...
"This Essay explains how racial disparities in the maintenance and marketing of REO properties by lenders after foreclosure may result in violations of the federal Fair Housing Act."
Austin W. King, Affirmatively Further: Reviving the Fair Housing Act's Integrationist Purpose, 88, 6 N.Y.U. L. Rev. 2182 (2013).
more...less...
"Although commentators debate the exact degree of segregation in the United States today, the consensus is that the United States remains a mostly segregated nation. For example, most White Americans live in neighborhoods composed overwhelmingly of other Whites. Although less dramatically segregated than White neighborhoods, Blacks and Latinos still live in neighborhoods with a significant concentration of persons of the same race."
Valerie Schneider, In Defense of Disparate Impact: Urban Redevelopment and the Supreme Court's Recent Interest in the Fair Housing Act, 79 Mo. L. Rev. (2014).
more...less...
"This Article argues that in order to have a chance at achieving the goal of its sponsors – 'to replace the ghettos [with] truly integrated and balanced living patterns'– the Fair Housing Act cannot just take aim at the aberrant individual who intentionally denies a person housing because of his or her race. Instead, the Fair Housing Act must recognize claims based on disparate impact analysis alone."
Mark W. Zimmerman, Opening the Door to Race-Based Real Estate Marketing: South-Suburban Housing Center v. Greater South Suburban Board of Realtors, 41 DePaul L. Rev. 1271 (1992).
more...less...
"However, pervasive, subtle discrimination still exists, and most open housing programs have not altered the racial prejudice that contributes to the segregative norm. The result is that integrated housing is often merely a transition from all-white segregation to all-black resegregation."
Robert G. Schwemm, Discriminatory Housing Statements and Section 3604(c): A New Look at the Fair Housing Act’s Most Intriguing Provision, 29 Fordham Urb. L.J. 187 (2001).
more...less...
"In some situations, section 3604(c) may be aggressively interpreted and enforced without raising constitutional concerns. The article proposes that an 'old-fashioned approach' to discriminatory housing statements under section 3604(c) is the only way to achieve the FHA’s ultimate goals of nondiscrimination and truly integrate living patterns."

American Law Reports

73 A.L.R. Fed. 899 (1985)
- This link opens in a new window
"Redlining," consisting of denial of home loans or insurance coverage in certain neighborhoods, as discrimination in violation of § 804 and 805 of Fair Housing Act (42 U.S.C.A. §§ 3604, 3605)
148 A.L.R. Fed. 1 (1998)
- This link opens in a new window
Construction and Application of § 804(f) of Fair Housing Act (42 U.S.C.A. § 3604(f)), Prohibiting Discrimination in Housing Because of Individual's Disability
3 A.L.R. Fed. 3d Art. 2 (2015)
- This link opens in a new window
When is Claim under Fair Housing Act (42 U.S.C.A. 3601 et seq.) Ripe for Adjudication

Library of Congress Subject Headings

Encyclopedias and Practice Aids

15 Am. Jur. 2d Civil Rights § 390 (2016).
- This link opens in a new window
- This link opens in a new window
Contains a detailed statutory description of the FHA, the methods by which the FHA can be enforced, and who the FHA stands to protect. Also contains relevant statutes and case law which demonstrate methods in which the FHA achieves its purpose.
14 C.J.S. Civil Rights § 117 (2015).
- This link opens in a new window
Includes a description of how a prima facie case of housing discrimination could be demonstrated, defines terms such as 'redlining' and 'zoning,' as well as updates as to what is considered a cognizable disparate impact claim as of 2015.
Mark S. Dennison, Proof of Housing Discrimination Against a Prospective Tenant on Account of Race or National Origin, 93 Am. Jur. Proof of Facts 3d 415 (2016).
- This link opens in a new window
Provides intricacies of bringing an FHA claim, including persons who may bring an action, elements of a discrimination claim based on race or national origin, and damages or other relief available.
Bill Wishard, Racial Discrimination in Sale of Real Estate, 14 Am. Jur. Proof of Facts 2d 511 (2016).
- This link opens in a new window
Offers descriptions regarding various racial discrimination issues in the sale of real estate, including 'steering,' and which types of evidence tend to prove racial discrimination.

Treatises and Looseleafs

Housing Discrimination Law & Litigation
- This link opens in a new window
Provides a point-by-point analysis of the entire field of housing discrimination law -- from the background of our modern discrimination laws to the most recent fair housing cases and legislation.
more...less...
Robert G. Schwemm, Housing Discrimination Law and Litigation (2015).
Housing Discrimination Practice Manual
- This link opens in a new window
Includes information on what is substantively considered to be prohibited conduct under the FHA, and sets forth the procedural options and forums that are available to victims of discrimination.
more...less...
John P. Relman, Housing Discrimination Practice Manual (2015).
Fair Housing -- Fair Lending
This looseleaf provides up-to-date information on cases regarding housing discrimination, including coverage of recent settlements, filings, summaries of verdicts, federal court decisions, and HUD news.
more...less...
Call Number: KF5740.A6 F35