HOUSING
SPECIAL SECTION
Supreme
Court’s Latest
Race Case:
Discrimination in Housing:
How to File a Complaint
Observers fear Texas
discrimination lawsuit could
gut the Fair Housing Act
By Nikole Hannah-Jones
ProPublica
PHOTO BY JERRY FOSTER
L
ast January, the U.S. Supreme Court took up one of
the most important civil rights cases of the last
decade. If you’ve never heard of Texas Department
of Housing and Community Affairs v. The Inclusive Com-
munities Project, you have company. The issue of housing
segregation has never captivated the nation’s attention like
affirmative action or voting rights.
Two days after the Martin Luther King Jr. holiday, the
court heard arguments in the Texas case that many fear
could gut the Fair Housing Act, the landmark 1968 law that
was passed just days after King’s assassination.
“This case has as broad of a reach as anything the court
has decided in the last 10 years,” said Myron Orfield, direc-
tor of the Institute on Metropolitan Opportunity at the
University of Minnesota Law School, because housing seg-
regation is the foundation of racial inequality in the United
States.
The case concerns whether the Fair Housing Act, which
sought to end the longstanding segregation of America’s
neighborhoods, should be read to only bar intentional dis-
crimination. For four decades, federal courts have held that
the law should be interpreted more broadly, ruling again
and again that if the policies of governmental agencies,
banks or private real estate companies unjustifiably perpet-
uate segregation, regardless of their intent, they could be
found in violation of the Fair Housing Act.
All 11 of the federal circuit courts that have considered
the question have seen it that way. As well, the U.S. Depart-
ment of Housing and Urban Development, the agency
charged with administering the act, issued a regulation
enshrining the principle in 2013.
The nation’s highest court does not typically intervene in
cases unless there’s been disagreement in the lower courts.
But this court has been determined to have its say on the
housing issue and the legal theory that has come to be
known as “disparate impact.” The Texas case marks the
T
he Fair Housing Act protects people from discrim-
ination when they are renting, buying, or securing
financing for any housing. The prohibitions
specifically cover discrimination because of race, color,
national origin, religion, sex, disability and the presence
of children.
1)What Housing Is Covered?
The Fair Housing Act covers most housing. In some
circumstances, the Act exempts owner-occupied build-
ings with no more than four units, single-family housing
sold or rented without the use of a broker, and housing
operated by organizations and private clubs that limit
occupancy to members.
2)What Is Prohibited?
In the Sale and Rental of Housing: No one may take
any of the following actions based on race, color, nation-
al origin, religion, sex, familial status or handicap:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or
rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection,
sale, or rental
For profit, persuade owners to sell or rent (blockbust-
ing) or
Deny anyone access to or membership in a facility or
service (such as a multiple listing service) related to
the sale or rental of housing.
In Addition: It is illegal for anyone to:
• Threaten, coerce, intimidate or interfere with anyone
exercising a fair housing right or assisting others who
exercise that right
• Advertise or make any statement that indicates a limi-
tation or preference based on race, color, national
origin, religion, sex, familial status, or handicap. This
See CASE on page 10
See FAIR on page 9
Need Help? Try These Housing Programs
Homeownership for the
African American Community
The African American Alliance for
Homeownership “AAAH” is a non-
profit 501c3 community based
alliance, comprised of housing and
business professionals. Their mission
is to increase homeownership and
economic stability for African Amer-
icans and other underserved
individuals by improving access to
homebuyer resources and education.
If you would like more information
about AAAH, or if you would like to
sign up for a program, call 503-595-
3517.
PHOTO BY JERRY FOSTER
Hacienda CDC – Many Servic-
es Available in Inner Northeast
Portland
Hacienda CDC is a Latino Commu-
nity Development Corporation that
strengthens families by providing
affordable housing, homeownership
support, economic advancement and
educational opportunities.
Since 2006, Hacienda’s Homeown-
ership Support Program has formed a
central piece of Hacienda’s strategy
to help families build and protect
their assets. Certified housing coun-
selors provide financial education to
first-time homebuyers and work with
them 1-on-1 during the home buying
process.
Hacienda also owns and manages
nearly 400 units of affordable rental
housing made available to low-
income households, primarily located
in the Killingsworth/Cully corridor.
For more information go to
www.haciendacdc.org.
NAYA Offers Wide Range
of Housing Help
Native Americans in Portland pay a
larger share of their income for rent-
ing and owning, experience higher
levels of homelessness, and are less
likely to own a home than White
Portlanders. They are denied applica-
tions for home loans for similar
homes at a rate much higher than
whites and access supportive services
to help alleviate this problem and pre-
vent homelessness at lower rates than
Whites.
We own affordable housing in sev-
eral locations and are working to
develop more.
Get
the
details
at
www.nayapdx.org.
PCRI – Affordable Rentals and
More with a Culturally
Competent Focus
Years of redlining by financial insti-
tutions left families in the inner north
and northeast neighborhoods of Port-
land unable to secure conventional
mortgages. As a result, hundreds of
properties became vacant and neg-
lected. Property values plummeted,
and in stepped an unscrupulous mort-
gage firm who scammed hundreds of
unsuspecting families.
For more information, call 503-
288-2923.
See PROGRAMS on page 9
April 22, 2015 The Portland and Seattle Skanner Page 7