April is Fair
Housing Month. Why do we still need a Fair Housing Month? In the early 20th century, discrimination in housing was even more rampant in New York State than it is now. Landlords and real estate agents often refused to rent or sell to African Americans, Jews, and other groups. This discrimination was exacerbated by the practice of redlining, in which banks and other lending institutions refused to provide mortgages or loans to people living in certain neighborhoods, often those populated by African Americans. These practices led to a de jure (purposeful) segregated housing landscape that still divides the state's population along racial and ethnic lines.
In response to these practices in the 1940s & 1950s, civil rights activists, including Paul Robeson, an African American actor, singer, and activist, were instrumental in the creation of the National Negro Congress, an organization that fought against discrimination in housing and employment. In 1947, Robeson led a protest against discrimination at a housing development in Peekskill, New York, that was met with violent opposition from white supremacists. Despite the violence, Robeson continued to fight for fair housing throughout his life.
As housing discrimination was rampant, the National Association of Realtors or NAR, an organization I proudly hold membership in today, was complicit in many of these discriminatory practices. Until the 1960s, the organization's code of ethics allowed for discrimination based on race, religion, and other factors. Realtors were encouraged to "protect property values" by not showing homes in certain neighborhoods to African Americans and other minorities. Back then I could not have been a member of NAR, which is how NAREB, The National Association of Real Estate Brokers, was founded and chose the word “Realtist” to identify its members because NAR copywrote “Realtor” and would not allow African Americans to use this word to describe their profession.
In 1961 attorney Paul B. Zuber fought segregation in New Rochelle, New York by winning a Federal court decision that the New Rochelle Board of Education had deliberately created and maintained segregated school systems. He represented 11 African American children who were refused the right to register at the Lincoln School. The Supreme Court upheld the decision which ruled that the city gerrymandered the district lines and transferred White children out of the district.
The landmark Civil Rights Act of 1964, which prohibited discrimination in housing, marked a turning point in the fight for fair housing in New York State. However, the law was not enough to eradicate discrimination in the state, and it was often difficult to enforce. Today the homeownership rate for African Americans in New York State is 34%. It is 67% for White homeowners in the state. The national African American vs White homeownership rate is 44% vs 73% respectively.
In the 1969 case of Otero v. New York City Housing Authority, the New York State Supreme Court ruled that it was illegal for public housing authorities to discriminate based on race, ethnicity, or national origin. This ruling was significant because it expanded the protections of the Civil Rights Act to include public housing, which was often a site of discrimination.
In 1972, the NAR adopted a new code of ethics that prohibited discrimination in the sale, rental, and financing of housing. The organization also established a Fair Housing Task Force to promote fair housing practices and educate its members about the importance of equal access to housing.
Another important case was the 1975 ruling in the case of NAACP v. Town of Eastchester. In this case, the United States Supreme Court ruled that local governments could be held liable for discriminatory housing practices, even if they were not directly involved in the discrimination. This ruling helped to hold municipalities accountable for discriminatory practices that occurred within their borders.
In1988, the Fair Housing Amendments Act (FHAA) was signed into law. The FHAA formally recognized the discrimination people faced in procuring, and maintaining housing due to their disability or familial status. Accordingly, these groups were added to the list of protected classes previously enumerated under the Fair Housing Act (FHA).
In 1995 the case of Smith v. City of Jackson, the United States Supreme Court ruled that disparate impact could be used as evidence of discrimination in housing. The NAR filed a brief in support of the defendants, arguing that the use of disparate impact analysis would make it more difficult for real estate professionals to make legitimate business decisions. However, the court upheld the use of disparate impact as evidence of discrimination.
Despite significant legal victories, de jure segregation and discrimination in housing continues to be the norm in New York State. Permanent structural decisions and affordability contribute to the issue of gentrification, which often results in the displacement of African Americans. Activists continue to fight for fair housing protections and to hold landlords and developers accountable for discriminatory practices.
In the 2000s the New York State Attorney General’s office has opened investigations into several real estate brokerages after Newsday exposed discriminatory practices against African American and Hispanic homebuyers that violated state and federal fair housing laws.
In August 2022, the state announced settlements with those brokerages, agreeing to a number of remedial measures to promote fair housing. These measures included the creation of fair housing and diversity committees, the development of a fair housing training program for its members, and the establishment of a system for monitoring compliance with fair housing laws. As part of the settlement, brokerages also agreed to pay damages to individuals who had been harmed by the discriminatory practices. The settlement was hailed as a significant victory for fair housing advocates, and as a reminder to real estate professionals of the importance of complying with fair housing laws.
New York just recently announced another March 2023 settlement with Long Island Brokerages regarding continued discrimination. This settlement marks the fourth action Attorney General James has taken to stop illegal housing discrimination at Long Island real estate brokerages.
As we reflect on the long housing journey to the present day, I pose the question to you. Do we have fair housing now? Can any person live in any place in which they can afford? Can every one enjoy life, liberty and the pursuit of happiness here? Our job is to make sure the answers will be a resounding, Yes.