November 22, 2022, Adam Community Center v. City of Troy, et al. (E.D. Mich.) and United States v. City of Troy (E.D. Mich.)

On November 15, 2022, the United States filed a statement of interest which explained that damages may be available to private litigants pursuing land use claims against municipal defendants under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) because of the finding that Troy violated RLUIPA by (1) imposing an unjustified substantial burden on Adam Community Center’s exercise of religion in its effort to operate a mosque and (2) requiring places of worship to abide by more onerous zoning restrictions than places of nonreligious assembly.

IFHC · Adam Community Center V City Of Troy

Source: https://www.justice.gov/crt/recent-accomplishments-housing-and-civil-enforcement-section

November, 2022, DOJ Investigation of RealPage and YieldStar

In November 2022, the United States Department of Justice’s Antitrust Division opened an investigation into RealPage, which is accused of contributing to higher rent prices throughout the United States. The company’s Yield Star software uses an algorithm to “help landlords push the highest possible rents on tenants.” Civil rights groups are investigating them for redlining or restricting or giving worse terms (higher interest rates, fees) financial and other services to residents of area based on their race or other protected class.

IFHC · DOJ Investigation Of Realpage And Yieldstar

Source: https://www.propublica.org/article/yieldstar-rent-increase-realpage-rent

June 15, 2020, Bostock v Clayton County

The plaintiff, Gerald Bostock, was fired from his county job after he expressed interest in a gay softball league at work. The lower courts followed the Eleventh Circuit‘s past precedent that Title VII did not cover employment discrimination based on sexual orientation. The case was consolidated with Altitude Express, Inc. v. Zarda, a similar case of apparent discrimination due to sexual orientation from the Second Circuit, but which had added to a circuit split. Oral arguments were heard on October 8, 2019, alongside R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, a similar question of Title VII discrimination relating to transgender persons.

On June 15, 2020, the Court ruled in a 6–3 decision covering all three cases that discrimination on the basis of sexual orientation or gender identity is necessarily also discrimination “because of sex” as prohibited by Title VII. According to Justice Neil Gorsuch‘s majority opinion, that is so because employers discriminating against gay or transgender employees accept a certain conduct (e.g., attraction to women) in employees of one sex but not in employees of the other sex.

IFHC · Bostock V Clayton County

Source: https://en.wikipedia.org/wiki/Bostock_v._Clayton_County

November 19, 2020, Apology from National Association of Realtors

For the first time, NAR offers a full-on apology for racist practices of the past and vows to keep working to correct lasting inequities in housing. In 2018, during the commemoration of the 50th anniversary of the Fair Housing Act, the National Association of REALTORS® laid bare its painful past in perpetuating housing discrimination across America. While the leadership team acknowledged at the time that the organization had been “on the wrong side of history” and vowed to work harder to treat all home buyers and sellers equitably, the sentiments stopped short of a full-on apology.

Discriminatory practices weren’t just tolerated for many years—they were baked into the association’s guiding principles for much of the 20th century. This passage from the Code of Ethics, added in 1924, was revised over the years but not fully repealed until 1974:

REALTORS® “should never be instrumental in introducing into a neighborhood … members of any race or nationality, or any individuals whose presence will clearly be detrimental to property values in that neighborhood.”

IFHC · Apology From NAR

Source: https://www.nar.realtor/magazine/real-estate-news/commentary/an-apology-from-the-national-association-of-realtors

February 21, 2023, Seattle Becomes First US City to Ban Caste Discrimination

On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list of categories protected against discrimination. Caste system discrimination occurs when someone is excluded because of their castes’ social standing. Within a system that has such designations, people inherit their caste position through family descent. In the Hindu caste system, people are put into “varna” and “jati,” social groups within a strict hierarchy, passed down through family lines. Historically, these castes did not intermingle and caste carried the right to practice certain occupations.

IFHC · Seattle Bans Caste Discrimination

September 15, 2022, Reyes v Waples Mobile Home Park

On September 15, 2022 Relman Colfax filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit on behalf of a coalition of civil rights organizations and non-profit housing providers in support of the Plaintiffs–Appellants in Reyes v. Waples Mobile Home Park (No. 22-1660). The case alleges discrimination claims on behalf of four Latino immigrant families who were forced from their homes when their landlord began enforcing a policy requiring all adult residents to provide documentation of legal immigration status.

The appeal involved whether the defendants could show a “business necessity” for their policy of denying residents the ability to live in the park due to immigration status. The defendants had argued that they would be at risk of breaking a federal anti-harboring statute by allowing them to reside in their park, but the Court of Appeals firmly rejected that argument, finding that the statute did not apply in these circumstances. Simply renting does not constitute illegal “harboring” – which, the opinion notes, “makes good sense:”

April, 2020, HUD Issues Statement on Covid-19 Pandemic

“Every year, April is the time we honor history’s fair housing heroes and celebrate our nation’s civil rights progress. Though our national attention is now fiercely focused on overcoming the public health threat of COVID-19, the principle and promise of Fair Housing for All must still guide us,” said HUD Secretary Ben Carson. “There’s a fair housing hero in all of us…in the kindness and care toward a vulnerable neighbor, in the compassion and empathy for those who have contracted the virus, in the celebration of the tireless caregivers serving on the front line of the disease, and in the simple sacrifice made by the rest of us to stay home, stay safe and slow the spread.”

During this national emergency, the U.S. Department of Housing and Urban Development wants to remind housing providers and the public at large of important federal fair housing laws that protect persons from discrimination, including harassment and intimidation, in housing and related services on the basis of race, color, religion, national origin, sex, familial status, and disability. The Fair Housing Act and other federal, state, and local laws collectively prohibit discrimination in nearly all housing transactions and residential settings across the nation, including rental housing, nursing homes, permanent shelters, and other places where people live and receive services together.

IFHC · HUD Statement On Covid 19 Pandemic

Source: https://www.hud.gov/sites/dfiles/FHEO/documents/secretary%20fh%20statement%20covid-19%204.3.20.pdf

May 25, 2020, Murder of George Floyd and Ensuing Protests

Following the murder of George Floyd at the hands of several Minneapolis Police Officers, social justice groups including many Fair Housing organizations across the country issued statements on the intersection of police brutality and the civil rights act, of which the FHA is part. The Fair Housing Justice Center, based in NYC issued the following statement:

“The Fair Housing Justice Center (FHJC) condemns the murders of George Floyd, Breonna Taylor, Freddie Gray, Michael Brown, Jamar Clark, Sandra Bland, Tamir Rice and many others who have lost their lives through police violence. We stand in solidarity with all those around the world who protest for racial justice. We unequivocally believe that BLACK LIVES MATTER The violent mistreatment of Black people by the police and their disproportionate number of deaths from the COVID-19 virus glaringly reflect the deeper structural and institutional racism that afflicts our society in all aspects of life. Across the board, Black and Brown communities are over-policed and under-served, with unequal access to quality health care, nutrition, schools, jobs, and public transportation. African American home seekers still face significant barriers when searching for housing. New York City — heralded as a progressive bastion — ranks as the nation’s 3rd most residentially segregated area for African Americans and it has the most racially segregated school system in the nation.”

Source: https://www.fairhousingjustice.org/wp-content/uploads/2020/06/FHJC-Justice-for-Black-Lives-Statement.pdf

May 2, 2018, Tripathi V. Murano Condominium Association

A Hindu toran simlilar to the one at the center of the case of Tripathi V. Murano Condominium Association — A Hindu toran

A Hindu resident filed a religious discrimination lawsuit against a Philadelphia condo association. A Hindu symbol is at the heart of a Fair Housing lawsuit, continuing the latest trend of religious rights lawsuits involving HOAs and condominium associations.

IFHC · Tripathi V Murano

Source: https://independentamericancommunities.com/2018/05/07/former-u-of-penn-professor-files-religious-discrimination-lawsuit-against-philadelphia-condo-association/

June 1, 2021, PAVE Interagency Task Force on Property Appraisal and Valuation Equity

On June 1, 2021, the centennial of the Tulsa Race Massacre, President Biden announced the creation of an interagency initiative to combat bias in home valuations. President Biden directed the PAVE Task Force to (1) evaluate the causes, extent, and consequences of appraisal bias, and (2) establish a transformative set of recommendations to root out racial and ethnic bias in home valuations.

PAVE is a first-of-its-kind interagency task force dedicated to ending discrimination in home valuations. The task force includes 13 federal agencies and offices and is chaired by Director of the Domestic Policy Council Ambassador Susan E. Rice and the U.S. Housing and Urban Development Secretary Marcia L. Fudge.

IFHC · PAVE

Source: https://pave.hud.gov/

June 10, 2022, HUD’s Continued Guidance on Use of Criminal Records by Housing Providers

On June 10, 2022, Demetria L. McCain, Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity (“FHEO”) issued a memorandum setting out a detailed framework for the Office of FHEO, Fair Housing Assistance Programs (“FHAPs” and Fair Housing Initiatives Programs” to use in their investigation and analysis of whether criminal background screening policies comply with the requirements of the Fair Housing Act (“FHA”).

Source: https://www.fairhousingnc.org/newsletter/hud-gives-further-guidance-on-criminal-background-screening/

January 20, 2021, Executive Order 13985

On his first day of office in January 2021, President Biden signed an Executive Order banning discrimination based on gender identity and sexual orientation, an Executive Order promoting racial equity, and a memorandum redressing the federal government’s history of discriminatory practices and policies. In Executive Order 13985, titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” President Biden also revoked President Trump’s Executive Order that prohibited, among other things, federal contractors from providing workforce diversity and anti-sexism and anti-racism training programs.

IFHC · Executive Order 13985

June 5, 2015, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.

On June 5, 2015, in a 5-4 split, the US Supreme Court held that disparate-impact claims are cognizable under the Fair Housing Act.

The Court reaffirmed the consistent finding of the federal courts over the past four decades that the Fair Housing Act bars not only intentional discrimination, but also policies that have an unwarranted disparate impact.

Courts have consistently recognized that policies and practices that unnecessarily limit housing opportunities or otherwise perpetuate segregation because of race, color, national origin, religion, sex, disability, or familial status violate the Fair Housing Act.

March 17, 2023, Restoring HUD’s Discriminatory Effects Standard

In March 2023, HUD issued the Restoring HUD’s Discriminatory Effects Standard, rescinding the 2020 rule governing Fair Housing Act disparate impact claims and restoring the 2013 discriminatory effects rule to institute a standard that is more consistent with how the Fair Housing Act has been applied in the courts and within HUD for more than 50 years.

IFHC · Restoring HUD's Discriminatory Effects Standard

April 11, 2023, The Fair Housing Act Turns 55

2023 marked the 55th Anniversary of the Fair Housing Act, enacted by the Congress on April 11, 1968. The law has been amended several times over the years and now prohibits housing discrimination based on race, color, religion, national origin, sex, families with children, and people with disabilities. Notwithstanding the passage of the federal law banning housing discrimination, and dozens of state and local ordinances, housing discrimination persists at high levels.

33,007 fair housing complaints were filed in 2023, which was the highest number ever reported. The unequal financial impact of the COVID-19 pandemic, coupled with high demand and record shortages in housing for rent and for sale, have increased racial and ethnic disparities in the housing market. These factors have added to the worsening of the housing affordability crisis for many households.

IFHC · Fair Housing Act Turns 55

February 9, 2023, Notice of Proposed Rulemaking (NPRM) entitled “Affirmatively Furthering Fair Housing”.

In February 2023, HUD issued a proposed Affirmatively Further Fair Housing regulation for public comment. For the first time, the proposed rule provided for an administrative complaint procedure to enforce the AFFH requirement. Giving the public the ability to submit complaints to HUD in cases where a grantee, such as a local or state government, has failed to comply with the requirements of the AFFH rule, failed to comply with the commitments it has made under the rule, or has taken action materially inconsistent with its obligation to affirmatively further fair housing, is a critical provision that must be enforced by HUD.

IFHC · Notice Of Proposed AFFH Rulemaking

March 19, 2019, NFHA v Facebook

The National Fair Housing Alliance (NFHA), Communications Workers of America (CWA), several regional fair housing organizations, and individual consumers and job seekers settled civil rights claims against Facebook.

NFHA and the other plaintiffs asserted that Facebook’s advertising platform contained pre-populated lists that allowed advertisers to place housing, employment, and credit ads that could exclude certain groups protected by the Fair Housing Act, such as African Americans, Latinx, and Asian Americans.

Because of the settlement, Facebook has agreed to establish a separate advertising portal for advertisers seeking to create housing, employment, and credit ads on Facebook, Instagram, and Messenger.

Housing advertisers will no longer be allowed to target consumers based on race, ethnicity, color, national origin, gender, age, religion, family status, disability, or sexual orientation. Housing advertisers will also be prevented from advertising based on ZIP code.

IFHC · NFHA V Facebook

September 1, 2015, Walter S. Mondale Addresses the National Fair Housing Training and Policy Conference

Photo of Walter S Mondale, a white man with gray hair wearing a suit and tie — Photo of Walter S. Mondale

“This is the most important moment, I believe, for fair housing since 1968, and we must use it to maximum advantage. This summer, because of Inclusive Communities and HUD’s [AFFH] rule, we stand for the first time in nearly 50 years with new laws and new energy that can make a difference…that can attack these barriers effectively.”

– Walter S. Mondale, remarks delivered at HUD’s National Fair Housing Training and Policy Conference, September 1, 2015.

On April 5, 1968, the day after the assassination of the Rev. Martin Luther King Jr, Walter Mondale, then one of the youngest members of the United States Senate, took the floor of the chamber and declared, “The foremost proponent of a nonviolent confrontation between the races is dead. His generosity to the white man, his belief in the basic goodwill of all men, and his dramatic, nonviolent action enabled him to speak to both races.” Mondale, then a 40-year-old Democrat had emerged as one of the chamber’s most ardent advocates for civil rights.

IFHC · Walter S. Mondale Addresses The National Fair Housing Training And Policy Conference

November 13, 2018, Fair Housing Improvement Act

The Fair Housing Improvement Act was introduced to the Senate by Senators Orrin Hatch (R-UT) and Tim Kaine (D-VA). The bill aimed to protect low income families and veterans from housing discrimination based on a person’s source of income and veteran status.

Ten states and the District of Columbia already have non-discrimination protections for housing voucher holders. However, Fair Housing research indicates that this is not nearly adequate on a federal level.

The Fair Housing Improvement Act (S.3612) was referred to the Committee on Banking, Housing and Urban Affairs in 2018 and has idled there with little activity ever since.

IFHC · Fair Housing Improvement Act

April 11, 2018, 50th Anniversary of the Fair Housing Act

The FHA has continued to receive a broad and expansive interpretation of its protections by the courts throughout 50 years of existence.

2017-2018, Immigration Policies

The FHA protects community members regardless of alienage based on the seven protected classes. Immigration policies toward migrants, asylum seekers, non-citizens, DACA community members, and people affected by the Muslim Ban have created a discriminatory and hostile environment toward community members based on national origin and religion in our communities.

April 4, 2016, HUD Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions

A housing provider violates the Fair Housing Act when the provider’s policy or practice has an unjustified discriminatory effect, even when the provider had no intent to discriminate. Under this standard, a facially-neutral policy or practice that has a discriminatory effect violates the Act if it is not supported by a legally sufficient justification.

June 26, 2015, Same Sex Marriage

On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that states must license and recognize same-sex marriages. Consequently, same-sex marriage is legal in all 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands and Northern Mariana Islands.

June 25, 2015, Disparate Impact

Department of Housing and Community Affairs v. Inclusive Communities Project. In Texas the Supreme Court upheld the government’s obligation to affirmatively further fair housing when policies result in disparate impacts. The U.S. Supreme Court, in a 5-4 decision written by Justice Kennedy, upheld the disparate impact doctrine under the Fair Housing Act. This precedent-setting opinion affirmed both 40 years of legal jurisprudence and the decisions of 11 U.S. appellate courts in holding that disparate impact is cognizable under the Fair Housing Act.