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August 1968

September 1968

Coming Events
Your Vote Makes a Difference (Betty Tobiasson)
From the President - Report of the 28th National Convention (Elaine Vik)
Taking Action - Human Resources
Open Housing Law Enacted by Congress
Application for Membership in the LWV-US
LWV Forum - Meet the Candidates for Mayor (insert)

Human Resources

League of Women Voters of the U.S.
1200 - 17th Street N.N,
Washington, D. C. 20036

OPEN HOUSING LAW ENACTED BY CONGRESS

On April 11, the President signed into law a landmark civil rights bill (P.L. 90-284). When the second Session of the 90th Congress convened in January, 1968, few in or out of Congress expected passage of a far-reaching open-housing bill in 1968.

The pending business of the Senate, when it convened in January, was a House-passed bill (H.R. 2516) protecting civil rights workers. After weeks of floor debate, filibustering and compromises, the Senate on March 11 by a 71-20 roll call vote approved the House-passed bill which now included a strong open housing provision. The bill was then sent back to the House, and another month of efforts by the proponents of the bill ensued. The House finally on April 10, accepted the Senate version of the bill by a 250-172 roll call vote. The next day the President signed the bill into law.

Housing Provision in the New Law (1)

When fully in effect (January 1, 1970) the bill will prohibit discrimination in the sale or rental of about 80 percent of all housing in the United States. The provisions in the bill come into effect in three stages, and will apply:

  1. Upon enactment -- to federally owned or operated dwellings and to dwellings provided in whole or in part with federal assistance including loans, grants, mortgage, insurance, slum clearance, urban renewal and similar activities. This applies only to housing provided under agreements made after. November 20, 1962.(2)

  2. After December 31, 1968 -- to multiple-unit housing and to single-family houses owned by contractors (or building firms) or by private individuals (provided the individual owns more than three homes), with certain exemptions (see below). This provision is intended primarily to cover most apartments and single-family housing in new subdivisions.

  3. After December 31, 1969 -- to all other housing, including privately owned single-family housing, with certain exemptions:

    1. Exempts dwellings owned by private individuals owning not more than three houses who sell or rent without the services of a real estate agent or broker and who do not indicate any preference or discrimination in advertising the sale or rental of the house,

    2. Exempts dwellings of up to four separate living units in which the owner maintains a residence (often referred to as "Mrs. Murphy" housing.)

    3. Exempts religious organizations and private clubs housing their own members on a noncommercial basis.

Administration: The housing provision of P.L. 90-284 will be administered by the Secretary of Housing and Urban Development (provision for a new Assistant Secretary was included). HUD will have the responsibilities for research, education, and technical assistance to reduce discriminatory housing practices.

Enforcement: The law provides that a person who thinks he has been discriminated against can file a complaint with the Secretary of HUD, which the Secretary is required to investigate and can attempt to conciliate. If conciliation fails the person can sue in a federal court for injunctive relief. State or local remedies, where available, must be sought before federal action is taken The law also provides that a person can sue in federal, state or local courts for relief or damages without filing a complaint with the Department of HUD. The burden of proof of discrimination will be on the person making the complaint.

The U.S. Attorney General can bring a civil suit where there is a pattern of discrimination of public importance.

INTERFERENCE WITH SALES OR RENTALS: The law provides criminal penalties for injuring, intimidation or interfering with any person, or attempting to injure, intimidate or interfere with any person:

  • because of his race, color, religion or national origin and because he has bought, sold, or rented a dwelling.

  • because he has participated without discrimination in the buying, selling, or renting of a dwelling.

  • because he has lawfully aided or encouraged a person to participate without discrimination, or has lawfully opposed the denial of the opportunity to participate in buying, selling or renting of a dwelling.

(1) Compiled from the CONGRESSIONAL QUARTERLY

(2) On November 20, 1962, President Kennedy, signed an executive order prohibiting discrimination in housing built, purchased, or financed with federal assistance. The order took effect immediately. The order covered federally-owned or operated housing, public housing and housing in urban renewal projects subsidized by the Federal Government; housing constructed with federal loans, such as housing for the elderly, community facilities and college housing; housing developments and apartments insured by the Federal Housing Administration or Veterans Administration. It also covered secondary mortgaging of FHA and VA mortgages by the Federal National Mortgage Association.

LWV SUPPORT POSITION - HUMAN RESOURCES: Support of equality of opportunity for education, employment, and housing. Evaluation of means to achieve equality of opportunity for housing and of further measures to combat poverty and discrimination, (As amended by the Convention)

Support of equal opportunity for housing means that the League believer that all persons should have the same rights to buy or rent dwellings regardless of race, color, sex, religion, or national origin. It means, further, that the League believes these rights should be secured by law, -Distributed by the LWV of Honolulu - August 1968

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