The Fair Housing Act is our nation’s primary fair housing law. On April 11, 1968, President Lyndon Johnson signed into law Title VIII of the Civil Rights Act of 1968, known as the federal Fair Housing Act. The law was passed seven days after the assassination of Dr. Martin Luther King, Jr. to honor Dr. King’s work to create fair or “open” housing in the U.S.

The twin goals of the Fair Housing Act are to prohibit discrimination in housing, and to replace existing patterns of residential racial segregation with “truly integrated and balanced living patterns.”

Notwithstanding, racial discrimination in market rate housing informs the disproportionate representation of people of color experiencing homelessness. Here’s a look back at how this history of structural racism has created these disparities in homelessness, and how adherence to the Fair Housing Act is critical to addressing our nation’s current housing crisis.

How We Can Use the Fair Housing Act to End Homelessness

In every state, Black Americans are more likely than Whites to experience homelessness (NAEH 2018). Appropriately, in recent years, homelessness providers, researchers, and local and national government agencies have recognized systemic racism is a major driver of homelessness. As we continue to understand homelessness as a housing justice issue, we invite you to consider how the Fair Housing Act can aid efforts to end homelessness.

The Fair Housing Act is one of our most comprehensive civil rights laws. It prohibits a wide range of discriminatory housing practices and provides strong remedies, including injunctive relief and damages. Protected classes under the Fair Housing Act include Race, Color, Religion, National Origin, Sex (including sexual orientation and gender identity), Disability, and Familial Status.

Some state and local laws also prohibit source of income discrimination: discriminating against any lawful manner in which a person supports herself or her dependents. Several federal housing subsidies fall under source of income, including Housing Choice Vouchers, Veterans Affairs Supportive Housing, and Emergency Housing Vouchers.

Read the full article about fair housing by Scott Chang and Saba Mwine-Chang at the National Alliance to End Homelessness.