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A Social Problem and Policy Exploration of Housing Discrimination CHANNEL LOWERY
A SOCIAL PROBLEM and
Policy Exploration of Housing Discrimination
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BY CHANNEL L. LOWERY
ABSTRACT
This policy exploration looks at the historical, political, and societal cultural factors that have contributed to the issue of housing discrimination in the United States of America. By reviewing changes in policies over the 20th century and the shift in the social climate of the United States, reasons why housing discrimination continues to persist can be better understood.
Keywords: Housing discrimination, policy.
INTRODUCTION
Food, water, shelter, and clothing have long been described as basic needs of humans. In the United States, all individuals having equal access to fair and affordable housing is something that has been debated for decades. Housing discrimination is not something that is necessarily looked at as specifically as a social problem in the same way the former mentioned items have been, but it can be link to other social problems such as homelessness, access to quality education, unemployment, crime and poverty. This paper will explore and analyze housing discrimination as a social problem from a historical policy standpoint while also investigating how this problem has been constructed by our society. Important policies will be discussed as well as informal attempts to address this issue in society to gain a clearer understanding of this social issue.
THE SOCIAL CONSTRUCTION OF HOUSING DISCRIMINATION
Housing discrimination is when someone is prevented or discouraged from buying or renting housing based on their race, religion, color, sexual orientation, national origin, sex, family status or disability (HUD, 2020). One of the most significant legislative attempts to deal with this issue has been the Fair Housing Act of 1968. Along with many other civil rights legislations that were passed at that time, it was used to formally ban the action discrimination. In a report that was released in 2008 by the National Commission on Housing and Equal Opportunity entitled The Future of Fair Housing, it is clear that housing discrimination is still a large issue in this country, as the report points out that there are more than 4 million fair housing violations each year (p.7). This issue has its roots in a complex web of decisions that were made in the late nineteenth and early twentieth century in order to control certain groups within the population. An excerpt below highlights some important findings:
“…some local governments have used the zoning power delegated by state governments to indirectly control who may live within their boundaries. There has been a consistent pattern of exclusionary zoning and land use decisions that have been barriers to the building of affordable housing in predominantly White neighborhoods…thus effectively excluding African Americans and Latinos from living in certain neighborhoods or even entire communities.” (p. 10)
Being prevented from obtaining housing has been a practice happening in the United States for some time dating back to the late nineteenth and early twentieth century. During this time in history several significant events were taking place that lead to the persistence of discriminatory housing practices. Trattner (1999) points out in his work that between 1860 and 1900 almost fourteen million immigrants came to the United States.
Urbanization was taking place in major cities in the US and more people were moving into major cities. By the year 1920, one half of American’s lived in cities (Trattner, 1999). During this time, most of the immigrant population was also living in cities doing unskilled labor jobs and living in crowded and deplorable conditions. As unskilled workers, most immigrants could barely afford their housing based on the low wages they were being paid. Restrictive covenants-agreements between whites that they would only sell or rent to other whites that were in verbal and or written-also restricted the ability of immigrants to live in certain places and made metropolitan areas very segregated by racial and cultural groups (Molina, 2017).
Another major event during this time period was the ending of slavery. In 1865 the 13th amendment was passed that outlawed slavery in the US. As a result of this many former slaves who once lived on their owner’s plantation found themselves without shelter. Many decided to migrate to the northern and western states where they could possibly find jobs in the unskilled labor market like people who were immigrating from other countries outside the US (Baker, 2013). The Great Migration led to more blacks living in urban areas dealing with the effects of horrible living conditions, segregation, and discrimination not only in housing but also in the labor market as well. In response to this and other related factors, the fair housing movement started in 1940’s in communities all over the nation to advocate for open housing.
The main goals of this movement were to end discriminatory practices and work to integrate communities so they there would be integrated living patterns (Goetz, 2018). It is important to note that during this movement the racial segregation and discrimination of people of color were commonplace in society and was not an issue that was affecting most people that controlled the nation at that time; thus, it was of little importance on a large scale. The Jim Crow laws of the south, black codes and even the Federal Housing Administration supported the idea of people living in segregated areas as something that was not only preferable but safer. Some of the issues were the types of appalling conditions people of color and immigrants were being exposed to, differences in educational opportunities, poverty and other things due to the differential treatment that was taking place (Baker, 2013; Goetz, 2018; Molina, 2017).
It is important to note that other groups have and do face discrimination in housing because of their status in this country. Same sex couples, women, women with children, people with mental or physical disabilities, interracial couples, and people in poverty have all faced housing discrimination and been subject to unequal treatment (Blake, 2013; Fair Housing Report, 2008). The historical significance of this issue seemed to be most pressing during the civil rights era although it was always a concern for the groups affected by it. With the combination of media and globalization taking place it became more of an addressable concern than it had been in previous years, although the change that has taken place has been debated.
To get a better idea of society’s overall view and disposition towards different minority groups, we need to take a historical perspective and look at some of the commonly held beliefs related to integration. After slavery was abolished, there were many whites who felt that blacks were not equal to whites given that they had been previously owned by them. This idea permeated in the southern parts of the US and led not only to discrimination but also violence and terrorism by groups like the Ku Klux Klan. Immigrants that were moving into parts of the US faced similar ideologies as Molina (2017), points out in her work, referencing that the racist reaction became so strong in the public opinion, immigration policy was changed and less immigrants were allowed to come into the US. With these ideas of public opinion in mind, the next portion of this paper will explore historical policies related to housing discrimination.
The Great Depression had ravaging consequences on the housing and rental market in general. Housing policies that were a result of the New Deal program were geared towards helping Americans during these difficult economic times. In 1934, Congress established the Federal Housing Administration (FHA) (HUD, 2020). The FHA along with the Homeowners Loan Corporation that was established one year prior, worked together to assist people with obtaining mortgage loans and establishing a standard for lending practices.
The Federal Housing Administration Underwriting Manual that was produced to help people in charge of making these decisions includes language that suggest that racial and ethnic minorities should not live in the same areas. (FHA Underwriting Manual, 1938). Money was directed towards mainly new suburban white neighborhoods and excluded integrated, older, urban, and predominantly black neighborhoods. The rationale behind this was that the latter mentioned neighborhoods were seen as risky and inherently unstable (Molina, 2017). This would set the industry standard and lead to the use of practices such as redlining and create numerous barriers for minority groups looking to purchase homes.
In a response the Civil Rights movement and advocacy efforts led by groups such as the National Association for the Advancement of Colored People (NAACP), National Committee Against Discrimination is Housing (NCDH), and the American Civil Liberties Union (ACLU), Congress passed the Fair Housing Act of 1968 (Goetz, 2018). This legislation outlawed most housing discrimination based on race, color, sex, disability, familial status, or national origin. It also introduced enforcement mechanisms that would penalize these actions (HUD, 2020).
Although the law was passed, the racial and economic segregation persisted in communities all across the U.S. The public response to this and other civil rights legislation that was passed ranged from violent protest and cities being burned to white residents moving out
of their neighborhoods that were becoming open to racial minorities-a termed called “white flight.” Another response was the breaking up of the New Deal Coalition (Goetz, 2018). Within advocacy groups there became a difference in interpretation related to the important goals of the fair housing movement due to the legislation. Some groups felt that integration needed to be the main focus while other groups felt that equal access to housing was more important (Goetz, 2018).
Thirty years after the passage of the Fair Housing Act of 1968, Public housing reform was presented through the Quality Housing and Work Responsibility Act of 1998 by President Bill Clinton (Karger & Stoesz, 2013; HUD, 2020). Some of the main goals of this program were to reduce poverty in public housing, raising performance standards in public housing agencies and protecting access to public housing to the poorest families. Programs that followed such as the Moving to Opportunity program and public housing demolition sought to deal with the issue of segregation but were met with resistance from communities. People that were displaced often moved to other segregated neighborhoods as a result (Karger & Stoesz, 2013; Goetz, 2018).
In conclusion, policy efforts have been made to answer the call of advocacy groups that have been fighting against housing discrimination for decades. The Fair Housing Act was the most cited of these legislative efforts and has set a precedent for how we discuss the issue of housing discrimination. The roots of this problem as presented in this paper are lodged in the historical geographic changing of this country’s citizens and have proven to have deep roots. The National Commission on Housing and Equal Opportunity’s report, The Future of Fair Housing, shows that although this country has made strides to correct its mistakes, we still have a long way to go. The relevance of public opinion cannot be ignored and has been shown to historically influence legislative outcomes and efforts. Considering all these factors, housing discrimination in the United States will continue to be a battle that should be fought.
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