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providing brokerage services or permit the federalgovernment or Attorney General to interveneto assist parties that had been treated unjustly.Finally, the court observed that section 1982 didnot include a provision that authorized a federalcourt to order the payment of damages.Despite the fact that section 1982 did notaddress the majority of the issues included in theapproved Civil Rights Act of 1968, the court feltthat “it would be a serious mistake to supposethat 1982 in any way diminishes the significanceof the law recently enacted by Congress.”Examining PrecedentThe Court also considered relevant previouscases. Hurd v. Hodge, U.S. 24, had given the Courta recent opportunity to examine section 1982.Hurd v. Hodge arose when property owners in theDistrict of Columbia tried to impose restrictivecovenants against the African-American residentsof their block. A federal district court held that thedeeds of the African-American residents werevoid, thus enforcing the restrictive covenants.In rendering a decision onHurd v. Hodge, the Court adopteda broad view of section 1982 andheld that the enforcement of therestrictive covenants would havedenied the African-Americans“the same right as is enjoyed bywhite citizens . . . to inherit, purchase,lease, sell, hold, and conveyreal and personal property.” TheCourt felt that to decide differentlywould be to “reject the plainmeaning of language.” Furthermore,the Court stated that it madeno difference if an African-Americanwere denied the right to rentor purchase property by a privateparty; that African-Americanwould still be unable to enjoy the same rights as awhite citizen, regardless of the source of the discrimination.ConstitutionalityThe Court concluded that the statute is constitutionalin its purpose to enforce the ThirteenthAmendment, which abolished slavery. Section 1of the Amendment states:Neither slavery nor involuntary servitude,except as punishment for crime whereof the partyshall have been duly convicted, shall exist withinthe United States, or any place subject to theirjurisdiction.Section 2 of the Amendment provides that“Congress shall have the power to enforce thisarticle by appropriate legislation.” 42 U.S.C §1982 is just such legislation.Holding The provisions of 42 U.S.C § 1982prohibit all racial discrimination, private as well aspublic, in the sale or rental of property.1. What federal statute prohibits racialdiscrimination in the sale and rental ofreal estate?2. On what basis did the intermediate appellatecourt affirm the trial court’s decision to dismissthe action?3. From what act did this statute originate?4. What process did the Court utilize to assist itin interpreting the meaning of the statute?5. What Amendment to the U.S. Constitution doesthe statute enforce?Go to the Understanding Business and Personal Law Web site at ubpl.glencoe.comfor information about how to access online resources for the Landmark Cases.Chapter 36: Retirement and Wills 793