housing discrimination is discrimination in which individuals or families are treated unequally when trying to buy, rent, rent, sell or finance homes based on certain characteristics, such as race, class, gender, religion, national origin and status family. This type of discrimination can lead to housing and spatial inequalities and racial segregation which, in turn, can exacerbate the wealth gap between certain groups. In the United States, housing discrimination began after the abolition of slavery as part of federal-sponsored legislation, but has since been made illegal; However, research shows that housing discrimination still exists.
Video Housing discrimination (United States)
History
After the end of the Civil War and the abolition of slavery, Jim Crow's law was introduced. This law leads to discrimination of racial and ethnic minorities, especially African Americans. Fifteen state courts are obeying ordinances that impose housing rejection for African Americans and other minority groups in white-categorized areas. This procedure was then made illegal in the case of the Supreme Court of 1917, Buchanan v. Warley . However, following this decision, nineteen nations legally endorse "treaties," or agreements, between property owners not to lease or sell any home to ethnic or ethnic minorities. Although the treaty was also made illegal in 1948, they were still allowed to attend in private deeds. It was not until the 1968 Civil Rights Act, known as the Fair Housing Act, that the federal government made its first concrete steps to assume that all kinds of housing discrimination were unconstitutional. This law explicitly prohibits general housing discrimination practices at the time, including filtering out information on home availability, racial steering, blockbusting, and redlining.
Fair Housing Act
The Fair Housing Law was passed at the urging of President Lyndon B. Johnson. Congress passed the federal Fair Housing Act (codified on 42 U.S.C. 3601-3619, penalties for violation of 42 U.S.C. 3631), Title VIII of the Civil Rights Act of 1968, just one week after the assassination of Martin Luther King, Jr.
The main purpose of the 1968 Fair Housing Law is to protect residential buyers/tenants from the discrimination of landowners/owners. The main ban makes it illegal to refuse to sell, rent or negotiate with anyone because the person belongs to a protected class. The goal is a unified housing market where a person's background (as opposed to financial resources) does not restrict access arbitrarily. Calls for open housing were issued in the early twentieth century, but only after World War II the joint effort to achieve them was done.
The Fair Housing Law (Title VIII of the Civil Rights Act of 1968) introduces a meaningful enforcement mechanism. Banned:
- Disapproval to sell or rent a residence to anyone because of race, color, religion, gender, or national origin.
- Discrimination based on race, color, religion or national origin in terms, conditions or privileges of residential sales or rentals.
- Advertise a sale or rental of a residence that denotes discrimination preferences based on race, color, religion, or national origin.
- Forcing, threatening, intimidating, or disrupting one's enjoyment or exercising the right to housing on grounds of discrimination or retaliation against a person or organization assisting or encouraging exercise or enjoying the right to a fair housing.
When the Fair Housing Act is first enacted, it prohibits discrimination solely on the basis of race, color, religion, gender, and national origin. In 1988, disability and family status (presence or anticipated attendance of children under 18 years in the household) was added (hereafter codified in America with the Disabilities Act of 1990). In certain circumstances, the law allows limited exceptions for discrimination based on gender, religion, or family status.
The US Department of Housing and Urban Development is the federal executive department with the legal authority to administer and enforce a Fair Housing Act. The Secretary of Housing and Urban Development has delegated fair law enforcement and compliance activities to the Hud Office for Equitable Opportunities and Equal Opportunities (FHEO) and the HUD General Advisory Office. FHEO is one of the largest federal civil rights agencies in the United States. It has a staff of over 600 people located in 54 offices throughout the United States. In June 2014, the head of FHEO is Assistant Secretary for Equitable Housing and Opportunities Gustavo Velasquez, whose appointment has been confirmed on June 19, 2014.
Individuals who believe they have experienced housing discrimination may file a complaint with FHEO at no cost. FHEO funded and has employment agreements with many state and local government agencies where "substantially equivalent" existing housing law exists. Under this agreement, FHEO refers a complaint to the state or locality where the alleged incident occurred, and the agencies investigate and process the case, not FHEO. This is known as the Fair Housing Assistance Program FHEO (or "FHAP").
There is also a network of private fair housing advocacy organizations overseas. Some are funded by the FHEO Fair Housing Initiative Program (or "FHIP"), and some operate with private donations or grants from other sources.
Victims of housing discrimination do not need to go through HUD or other government agencies to pursue their rights. The Fair Housing Act provides jurisdiction to hear cases in the federal district court. The United States Department of Justice also has jurisdiction to file a case on behalf of the United States where there are patterns and practices of discrimination or where the HUD has found discrimination in any case and one party chooses to go to federal court rather than proceeding in the HUD administration process.
The Fair Housing Law applies to landowners renting or renting space in their primary residence only if the residence contains a residential occupied or intended to be occupied by three or more other families who live independently of each other, such as boardinghouses occupied by the owner.
Enforcement
The Fair Housing Law has been strengthened since it was adopted in 1968, but enforcement continues to be a concern among housing supporters. According to the 2010 Impedim Reporting Analysis (AI) report conducted by the Government Accountability Office, law enforcement is highly inconsistent across local jurisdictions.
Next development
The federal government has passed another initiative besides the Fair Housing Act in 1968. The Equal Credit Enforcement Act of 1974 and the Reinvestment Society Act of 1977 help with discrimination in the issue of mortgage lending and lenders with credit needs. The Fair Housing Amendment Act of 1988 was passed to give the federal government the power to enforce the original Fair Housing Act to correct past problems with law enforcement. The amendment establishes an administrative legal judicial system to listen to cases brought to them by the US Department of Housing and Urban Development and to levy fines. Because of the relationship between housing discrimination cases and private institutions, the federal government passed two initiatives. The Fair Housing Assistance Program in 1984 was authorized to assist public bodies by processing complaints, and the Fair Housing Initiative program in 1986 supported a fair private and public housing agency in their activities, such as audits. Between 1990 and 2001 both programs have resulted in more than a thousand lawsuits of housing discrimination and more than $ 155 million in financial recovery. However, the lawsuits and financial restitution resulting from a fair housing discrimination case only scratches the surface of all instances of discrimination. Silverman and Patterson concluded that poorer, less-funded federal, state and local budget policies designed to address housing discrimination resulted in less than 1% of all discrimination cases handled. In addition, they found that nonprofit organizations and local administrators responsible for enforcing fair housing law have a tendency to downplay discrimination based on family and racial status when designing implementation strategies.
The US census has shown that ethnic and racial minorities living in concentrated and poorer areas have actually increased following the passage of the Fair Housing Act from 1970 to 1990. African-Americans living in remote areas, this area increased from 16 percent to 24 percent, and Hispanics living in this area had increased from 10 percent to 15 percent. Although this does not necessarily refer to evidence of housing discrimination, it reflects the phenomenon of white flight - mass exodus during the 1970s and 80s of European-Americans from city to suburbs leaving only a quarter of the Anglo population still living in metropolitan areas. American sociologist Douglas Massey, in his essay, "The New Geography of Inequality in Urban America", argues that this new racial geography in the United States has laid the groundwork for housing discrimination to maintain the status quo.
Maps Housing discrimination (United States)
Type
Sociologists Vincent J. Roscigno, Diana L. Karafin, and Griff Tester have determined that the various acts that constitute housing discrimination can be classified as exceptional or nonexclusionary.
Exceptions
The practice of exclusion discrimination refers to "actions and practices that exclude individuals or families from obtaining the housing they choose." These forms of housing discrimination occur at various stages of the leasing or sale process. The majority of discriminatory actors in exclusive discrimination are landlords and landowners, as they have positional power and direct access to individuals or families and housing is being sought. Other actors or discriminatory agencies responsible for exceptions including real estate, insurance, and banking and lending agencies and institutions.
Most exclusive discrimination cases contain a form of direct exemption, such as direct refusal to hire prospective tenants, direct refusal to sell or discuss property sales, or false representations of houses or apartments available for sale or lease. Although these exceptions are often made from subtle acts, such as lying about lease qualification standards to disqualify certain individuals, sometimes accompanied by verbal abuse and outright blasphemies.
Other exclusive cases involve discriminatory terms and conditions relating to the sale or lease of an apartment or house in order to deny access. These forms include unfair financing or qualification of loans or requirements, directing or limiting the choice of people looking for a home, differential criteria to qualify for renting a house, and refusing to provide insurance, which would prevent the individual or family from obtaining a home. The consumer advocates group conducted the study and found that many of the minority borrowers who were eligible to get affordable traditional loans were often directed to subprime loans at very high prices that they could never pay back.
A study conducted by the US Department of Housing and Urban Development (HUD) found that "the lion's share of discrimination for Hispanic and African American home seekers can still be attributed to being told units are not available when they are available to non-Hispanic whites and are shown and told about fewer units than a comparable minority. "
Nonexclusionary
discrimination practice Nonexclusionary refers to "actions and practices occurring in established settlement housing, most often involving racial harassment, different treatment of tenants, or applications different from the terms and conditions of contract residency." Individuals and families have already placed ongoing experiences of intimidation, different treatment, and abuse, and nonexclusionary discrimination often results in difficulty for victims because victims are often legally bound for home and usually have direct contact with perpetrators on a regular basis. Landlords and landlords are still responsible for most types of housing discrimination, but neighbors and banks and lending institutions participate more. For example, even without an institutionalized institutionalized strength, neighboring settlements may disrupt and intimidate tenants.
Most cases of non-exclusive discrimination involve the application of discriminatory terms and conditions in the current setting of the victim's residence. The majority of these cases involve terms, conditions and privileges associated with current lease arrangements. These cases are often seen as unfairly raising a particular group's lease or allowing certain tenant rights, such as using after-hours facilities or being soft on pet policies. Many cases of non-exclusionary discrimination involve failure to provide equal access to services and facilities, such as deliberately delaying or completely repairing damaged pipes. More cases and conditions involve discriminatory financing, lending, and property valuation of individuals or families, which when discriminatory actors take advantage of victims financially.
Other forms of non-exclusive discrimination include the use of harassment, intimidation and coercion against the victim. This includes racial insults and the threat of violence, both of which create an uneasy environment in which the victims live. These forms can cause excessive anxiety and stress for the affected individual or family. If an individual holds the position of authority, such as the landlord, is responsible for the discrimination of nonexclusionary, the victim is left with a feeling of helplessness and lack of ability to get help.
Different impact
Exclusionary and nonexclusionary describe a variety of different treatments that a residential provider or agent can place on tenants and buyers. In addition to the types of housing discrimination, certain policies that do not discriminate against their faces have also been found to cause discrimination of housing in the United States. Different impacts are a visually neutral housing policy that negatively affects minorities or other groups of protected persons. Different impacts are not always seen in the context of housing. It was first applied in housing discrimination by 2015 when the Court ruled that Congress intends to include accountability for discriminatory different impacts in the Fair Housing Law and its recognition is consistent with the main objective of the Act since amended in 1988. After the case, HUD began to recognize many different types of treatment of impact. For example, HUD publishes a statement concluding that banning blankets against tenants with criminal convictions would be different impacts of housing discrimination because detention rates in the United States are disproportionate between minorities and non-minorities. Different impacts are still controversial because some people feel that their freedom in applying policies and rules is now limited for fear of unintended consequences of rules that did not originally have discriminatory intentions.
Today's housing discrimination practice
Professor of Public Administration and Economics and expert in the study of housing discrimination, John Yinger, argues that discriminatory housing practices in the housing market have led to segregation and can be interpreted as a form of modern discrimination. One of the important examples cited are the sellers who choose to place public housing in minority neighborhoods in crowded cities rather than Anglo-majority because of "public and political pressure." Another housing phenomenon that Yinger believes encourages segregation is sorting and bidding in which bidders who are considered to be higher class wins in cheaper houses per square foot, larger ones far from inner cities. The study by the US Housing Scholar adds that school zoning has also been named the culprit for segregated housing, and can be used as an important place for housing discrimination. It also cites the Internet as another means to perpetuate housing discrimination which, as is now, is not limited by the provisions of the Fair Housing Act. Although the Fair Housing Act strictly prohibits any seller from using language explicitly mentioning preferences for a particular group, third party sellers who use sites such as Craigslist.com and Roommates.com to find buyers or tenants are given immunity from FHA, and websites not responsible. This was cemented by a 2004 court case, San Justice Board of San Fernando Valley v. Roommates.com, LLC , where Roommates.com is not responsible for users with ads such as, 'searching for White Christian Male,' because the website lacks the resources to monitor and censor such use.
LGBT housing discrimination
Housing discrimination is more racially focused, but recent research shows an increasing trend toward discrimination in the housing market against those who identify themselves as gay, lesbian or transgender. Because housing discrimination based on sexual orientation is not explicitly stated in the Fair Housing Act, in 2007, it was banned in only 17 states. In all states, same-sex couples often can not apply to public housing as a family unit, thus reducing their chances of being accepted into the program. For example, in a comprehensive study conducted by Fair Housing Centers of Michigan in 2007, statistics show that of the 120 tests paired, nearly 30 percent of same-sex couples were given higher lease rates and less incentive to rent, both examples of nonexclusionary discrimination housing. A HUD study was released in 2011 surveyed against 6,450 transgender people and people who did not adhere to gender and found that "19 percent reported having rejected a house or apartment because of gender identity."
On January 30, 2012, HUD Secretary Shaun Donovan announced a new regulation requiring all housing providers to receive HUD funding to prevent housing discrimination based on sexual orientation or gender identity. This regulation is effective from March 5, 2012.
Discrimination of minority and racial minorities
Ethnic and racial minorities are most affected by housing discrimination. Exclusive discrimination against African Americans is most common in the rental market and the sales market. Families are vulnerable to exclusion, but African-American women typically occupy higher places as victims, especially single African American mothers. This discriminatory exclusion is due to stereotypes about race and single women. The presence of children in the minority family at that time ensures discrimination. African-Americans are also victims in most non-inclusion cases, with African-American women still occupying many places. No other forms of inclusive discrimination such as contempt and racial intimidation affect many minority victims. Some racial minorities suffer from ignorance of directed service needs, such as a landlord who fixes a white tenant's bath quickly but delays repairing a minority tenant's tub. Data obtained by the Ohio Civil Rights Commission studied the case of housing discrimination between 1988 and 2003, and of 2,176 cases filed, 1,741 were filed by African-Americans. A study by HUD released in 2005 found that more and more Hispanics face discrimination in their housing search. A 2011 article by HUD confirmed that one in five times, Asian Americans and the Pacific Islands received less favorable treatment than others when they were looking for housing. Some cases brought to the Justice Department show that municipalities and other local government entities violated the Fair Housing Act in 1968 when they rejected African American housing, permits, and changes in zonation, or directed them into environments with a largely minority population.
Empirical evidence
Quasi-experimental audit studies, in which qualified individuals from different races participate in housing searches, have found strong evidence of racial home discrimination in the United States.
Demographics
According to the US Population Census in 1990, 25.3 percent of all Anglo-Americans in the US live in downtown areas. The percentage of African Americans living in inner cities is 56.9 percent, and the percentage in Hispanic cities is 51.5 percent. Asian Americans living in central cities account for 46.3 percent. According to a more recent US Census Bureau study in 2002, the average white person living in a metropolitan area lives in an environment that is 80 percent Anglo and seven percent black, while the average African American lives in a 33 percent white and more than 51 percent black. In 2000, 75 percent of all African Americans lived in very separate communities, making them the most isolated group in the country. This statistic does not necessarily refer to evidence of housing discrimination, but rather to segregation based on historical reasons that have made ethnic and racial minorities more economically deprived, and thus vulnerable to living in poorer urban areas.
HUD Study
In a comprehensive study by HUD in 2000, paired tests (in which two applicants of different races but economic status and the same credit score apply to rent or buy houses) were used to determine whether statistics on separation really point to housing discrimination. The study reports that although treatment harming racial and ethnic minorities has declined over time, about 25 percent of white applicants are still favored over those who are African-American or Hispanic. Approximately 17 percent of African American applicants and 20 percent of Hispanic applicants are subjected to ill-treatment, including receiving little information about homes or displayed fewer, lower quality units.
The Effects of Housing Discrimination
John Yinger, a sociologist who has studied housing discrimination, argues that it is something that is perhaps most evident by its impact: concentrated poverty. People who suffer from housing discrimination often live in low-quality housing. Housing inequality often reflects an uneven distribution of income. Poor areas suffer from education disparities, and poor education translates into income gaps. Those with lower incomes can only afford to buy low-quality housing. Segregation, health risks, and wealth gaps are all related to poverty.
Residential segregation
Perhaps the most obvious consequence of housing discrimination is the segregation of housing. Housing discrimination helps to strengthen housing segregation through mortgage discrimination, redlining, and predatory lending practices. Racial avoidance and the threat of violence also result in racial segregation. Housing discrimination may also affect minority preferences over time, as individuals or families who experience bullying and bullying in their homes on a daily basis can transition to a more accepting environment.
Health
Health risks are a consequence of housing discrimination. Those who suffer from housing discrimination and people living below the poverty line often hire small housing or low-quality housing. The remaining lead paint from previous years and animal pests, such as rats, can be found in older homes, resulting in serious health consequences. Lead can lead to decreased intelligence in children. Asthma is also a problem that comes with low-quality housing, because air pollution, dust, fungi, and fungi are more likely to occur.
About
Environmental effects are also seen due to housing discrimination and housing segregation. The inequality of housing that comes with living in low-quality housing means that environmental facilities are lacking. Poorer areas offer poorer education, leading to higher education and employment losses and higher drop out rates. Schools are often separated due to the effects of housing discrimination and housing segregation, which in turn hampers the performance of student education. A study conducted by the Century Foundation in Montgomery County, Md., Shows that students from low-income backgrounds enrolled in prosperous schools perform better than students in poorer schools. Criminal activity, including gang life and drug abuse, is also more prevalent in poorer areas. Teenage pregnancy rates have been shown to increase in these areas as well.
Lack of Wealth
Sociologists Thomas Shapiro and Jessica Kenty-Drane stated that the wealth gap is also the result of housing discrimination, since housing discrimination acts as a barrier to home ownership. Homeowners can learn management skills and home improvement, and homeowners tend to drop out or have children as teenagers. In addition, credit limits limit home ownership to low-income people. The housing discrimination that keeps families from affordable loans and better areas with increased property values ​​makes the victims of accumulating wealth. Residential segregation also leads to disparities in wealth generation. Children often inherit wealth from their parents, and if parents are forced to live in poor quality homes because of housing discrimination, there is less wealth to be lived.
Possible solutions
Sociologist Douglas Massey argues that housing discrimination is a moving target. As federal laws on anti-housing discrimination policies become more effective, new forms of housing discrimination have emerged to perpetuate housing segregation, and in turn, poverty.
There are a number of proposed solutions to finally end the threat of housing discrimination and eliminate the legal loopholes in which it can operate. So far, fair law enforcement of federal laws on housing discrimination has faced challenges. The main burden of enforcement falls on federal financial regulatory agencies, such as the Federal Reserve Board, and HUD. The provision of enforcement of the 1968 Fair Housing Act was limited, and although the action was changed in 1988, there were still problems with enforcement because housing discrimination was often one-on-one and less noticeable, even in the audit. The Fair Housing Amendment Act of 1988 did create an administrative legal judicial system to hear cases of housing discrimination to help combat illegal acts. Other examples of federal legislation may include increased federal enforcement, spread-site housing, or state and local enforcement at a more concentrated level. Better enforcement methods in addition to the new policy are proposed to be of assistance. In 2010 the Department of Justice under President Barack Obama created a new just loan unit.
Inclusive efforts to truly uphold integration are also proposed. Inclusive housing refers to ensuring that its territory is integrated, and inclusive housing increases the chances for racial minorities to earn and keep jobs. Recently Montgomery County, Md., Passed a regulation to require the construction of new housing to consist of a percentage of medium-priced residential units, ensuring a more affordable and better housing for 10 years.
Other proposed solutions include subsidies, such as direct subsidies, project-based subsidies, household-based subsidies, and tax reductions. In 2001, only 15.7 percent of poor households received federal housing subsidies, meaning the majority of people in poor households did not receive the assistance. Household subsidies have been a significant source of new housing assistance in recent years. HUD has submitted housing certificates to allow Part 8 participants to move to higher-quality housing units.
It is important to prioritize city policy and planning. Planning for sustainability does not come with a one-size-fits-all approach; malicious problems persist without any clarity or solution. However, looking outside the urban regime and accepting these regime linkages is the first step for changes that planners can make. This can be done through the idea of ​​Equitable Development, an approach aimed at creating a society of opportunity. Inequality suppressing low-income societies consisting of diverse ethnicities is not only unethical but proves to be uneconomical and unsustainable. Partnerships between government, the private sector, and community-based organizations to manipulate public policy for the promotion of social equity, as well as economic growth and environmental sustainability are essential to justice.
See also
- Segregation of housing in the United States
- Housing inequality
- Redlining
- Subsidized houses
- United States Department of Housing and Urban Development
Footnote
Further reading
- Richard R.W. Brooks and Carol M. Rose, Saving the Environment: The Restricting Race Agreements, Laws and Social Norms. Cambridge, MA: Harvard University Press, 2013.
Source of the article : Wikipedia
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