The Fair Housing Act: A Legal Overview

Publication Date: May 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

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Abstract:

The Fair Housing Act (FHA) was enacted "to provide, within constitutional limitations, for fair housing throughout the United States."1 The original 1968 Act prohibited discrimination on the basis of "race, color, religion, or national origin" in the sale or rental of housing, the financing of housing, or the provision of brokerage services.2 In 1974, the Act was amended to add sex discrimination to the list of prohibited activities.3 Likewise, in 1988 the Act was amended to prohibit discrimination in housing on the additional grounds of physical or mental handicap, as well as familial status.4

The FHA may be enforced by the Attorney General, the Department of Housing and Urban Development (HUD), and by victims of discrimination. Since enactment, the Act's coverage has been extended to "residential real estate-related transactions," which include both the making and the purchasing of loans secured by residential real estate, and the "selling, brokering, or appraising of residential real property."5 Over the years, the FHA has also been construed to apply to discrimination in property and hazard insurance. Although the FHA has been amended by a series of smaller laws in recent years, there has not been a major overhaul of the Act since 1988.

In the 108th Congress, only one bill that would amend the FHA has been introduced. That bill, H.R. 214, would amend the FHA to prohibit discrimination on the basis of affectational or sexual orientation. Under the proposed legislation, "affectational or sexual orientation" would be defined as "male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults."

This report will be updated as warranted.