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.
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.
"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."
"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."
"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."
"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."
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.
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.
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.