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Fair Housing Cases

Court Cases in the History of Fair Housing for post license Real Estate Test

Case Name/YearSignificance/Description
1857 Dred Scott v. Sanford Persons of African descent, whether they be slaves or free, are not "citizens" of the United States entitled to the privileges and immunities of white citizens.
1883 Civil Rights Cases 14th Amendment prohibits discrimination only if it is the product of state (government) action. The 14th Amendment does not prohibit private acts of discrimination.
1896 Plessy v. Ferguson: Court sets forth "separate but equal" rule, thus permitting institutionalized segregation.
1917 Buchanan v. Warley: Court strikes down racial zoning law (on "equal protection" grounds) which had specifically limited blacks and other minorities to specific areas of town.
1948 Shelley v. Kraemer: Court held that state court enforcement of private restrictive covenants (based upon race) amounted to "sufficient government involvement" to violate equal protection clause of 14th Amendment.
Hurd v. Hodge: The Shelley rule applies equally to federal courts (in this case, the District of Columbia), as well as state courts
Brown v. Board of Education: Court finally reverses Plessy decision, ending the "separate but equal" era.
1967 Reitman v. Mulkey: Court held that a California State constitutional amendment, which effectively nullified California Fair Housing Laws, violated the equal protection clause, since the amendment encouraged private racial housing discrimination.
1968 Jones v. Alfred H. Mayer Co.: Court gives new life to the 1866 Civil Rights Act by holding that Section 1982 bars racial discrimination (private as well as public) in the sale or rental of property.
1972 Trafficante v. Metropolitan Life Insurance Co.: In the Court's first Title VIII decision the Court held that the Fair Housing Act should be broadly construed, that, Title VII (federal employment discrimination) court cases can be used to interpret Title VIII, and that HUD's interpretations of the Act s
1977 Village of Arlington Heights v. Metropolitan Housing Development Corp: Court holds that a housing corporation and neighborhood Corp residents had standing to challenge a municipality's denial of a rezoning which was alleged to have a racially disproportionate impact. (But the Court also held that some "discriminatory int
1979 Gladstone Realtors v. Bellwood: Court upholds municipality's and residents' standing to sue local real estate brokers for racial steering.
1982 Havens Realty Corp. v. Coleman: Extends standing to sue in racial steering cases to Fair Housing organizations and "testers" who investigate housing discrimination complaints.
Created by: supermom