Discrimination in Affordable Housing
Affordable Housing Regulatory Legislation
Federal fair housing laws are intended to protect marginalized groups and minorities from discrimination in the rental and sales affordable housing markets. The Fair Housing Act of 1968, which is more formally recognized as Title VIII of the Civil Rights Act of 1968, seeks to ensure equal access to housing by prohibiting discrimination based on race, color, religion, national origin, sex, familial status, and disability in the sale or rental of housing and other real estate-related transactions. In 1988, an amendment to the Fair Housing Act was introduced to include families with children, including “any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years” as one of the groups protected under this statute against housing discrimination. A major weakness of the Fair Housing Act is its failure to include sexual orientation or gender identity as protected classes. Unfortunately, the fair housing laws of most states do not provide legal protections against housing discrimination for the lesbian, gay, bisexual, and transgender (LGBT) community.
US Department of Housing and Urban Development (HUD) National Studies Provide a Glimpse into Modern-Day Housing Discrimination
The enduring tale of discrimination in affordable housing can be told through the lens of 4 revealing case studies of discrimination in the rental and sales housing markets against racial and ethnic minorities (namely Black, Hispanic, and Asian renters and homebuyers), same-sex couples, families with children, and renters and homebuyers that are deaf or require the use of a wheelchair.
These case studies were able to measure and observe discrimination in action using paired-testing methodology. A paired test is a valuable research tool that involves 2 individuals. One of these individuals is a member of the protected class being studied (a racial minority, same-sex couple, parent with young children, or a disabled homeseeker) and the other is a tester similar to the protected individual in every way (usually an individual of the same age, gender, and socioeconomic status) except for the characteristic being tested. Both testers pose as equally qualified homeseekers and are carefully trained to make the same inquiries, express the same preferences, and offer the same needs and qualifications. From the perspective of the housing provider, the only difference between the 2 homeseekers is the single characteristic being tested (race, ethnicity, familial status, disability status, or sexual orientation). Theoretically, these testers should receive the same information and assistance in their housing searches. During the course of the study, each tester independently records the treatment he or she experiences, including information about all of the homes or apartments recommended and shown. The results across many paired tests are compared to determine whether and how the treatment experienced by protected testers differs systematically from that experienced by control testers, offering a way to measure the incidence and forms of discrimination faced by marginalized homeseekers in the rental and sales housing markets. Systematic differences in treatment of the 2 homeseekers provide direct evidence of discrimination. One of the noteworthy strengths of paired-testing methodology is that it provides a detailed picture of the forms discrimination takes and goes beyond a single “yes or no” answer.
To continue reading, click on one of the images below.
Discrimination Against Racial and Ethnic Minorities in the Rental and Sales Housing Markets
Discrimination Against Homeseekers with Disabilities (specifically Deafness and the need for Wheelchair Assistance)
Discrimination Against Same-Sex Couples
Discrimination Against Families with Children
Tired of looking at graphs and statistics? Grab some popcorn and check out this documentary video for a more holistic perspective on discrimination in affordable housing:
