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of supply and demand by creating submarkets<br />

based on segregation.<br />

Exclusion occurs when information about housing<br />

vacancies, financial conditions, prices, rents, or<br />

security deposits is either concealed or distorted.<br />

Harassment involves intimidation or psychological<br />

abuse aimed at convincing households to move,<br />

while poor service quality results when minority<br />

clients do not receive the same services enjoyed by<br />

nonminority clients. By encouraging White homeowners<br />

to panic and sell based on suggestions that<br />

minorities are going to move into the area, agents<br />

engage in blockbusting. Documented cases exist<br />

where minority agents have been sent into Anglodominated<br />

neighborhoods to solicit homes, thereby<br />

reinforcing panic.<br />

Mechanisms of Discrimination<br />

Housing discrimination is said to occur for the following<br />

reasons. First is agent, broker, and landlord<br />

prejudice, which treats individuals poorly because<br />

they are from a particular minority group, even if<br />

it means losing revenue. Second, customer prejudice<br />

leads an agent to steer clients to a neighborhood<br />

where people like them live or steer them<br />

away from areas where residents discriminate<br />

against the client’s racial or ethnic group. Third,<br />

potential customer prejudice influences landlords<br />

and agents not to offer housing to someone who<br />

may be seen as unacceptable to existing residents,<br />

fearing loss of business as a form of retaliation.<br />

Fourth, landlords may exclude people based on<br />

statistical discrimination, where their ethnic or<br />

racial group identification signals them to be inferior<br />

tenants. Fifth, and most important, pure-<br />

profit maximizing occurs when a particular group<br />

is viewed as having a low elasticity of demand and<br />

thus is denied access. A group with a higher elasticity<br />

of demand is able to generate higher sales<br />

prices, rents, or insurance premiums.<br />

Many states and municipalities have adopted fair<br />

housing laws that reinforce provisions of the federal<br />

law. Some have expanded the number of protected<br />

groups to include marital status, military service, and<br />

sexual orientation. Municipalities have also attempted<br />

to regulate the activities of real estate agents.<br />

Prohibitions include the use of “for sale” signs to promote<br />

blockbusting practices and broker solicitation<br />

activities that maintain do-not-call lists for potential<br />

Fair Housing<br />

267<br />

home sellers. Realty firms might also be required to<br />

register with the city government and agree to abide<br />

by fair housing policies.<br />

In addition to the FHA, the 1975 Home<br />

Mortgage Disclosure Act (HMDA) and the<br />

Community Reinvestment Act (CRA) (1977) provide<br />

antidiscrimination legislation. They focus on<br />

discriminatory practices in mortgage lending.<br />

Congress passed the HMDA in response to community<br />

organizing against the practice of redlining,<br />

the collective disinvestment from select<br />

neighborhoods by lending institutions. The legislation<br />

requires lenders to disclose the number,<br />

amount, and location of mortgages. The CRA<br />

requires most lenders to meet the credit needs of<br />

their local communities, incl uding financing for<br />

low- and moderate-income housing. More specifically,<br />

the law requires depository institutions<br />

(above a minimum size) to offer credit opportunity<br />

to all individuals in the communities from<br />

which they take deposits. Section 109 of Title I of<br />

the CRA also prohibits discrimination based on<br />

race, color, national origin, sex, or religion when<br />

implementing infrastructural projects using the<br />

federal Community Development Block Grant.<br />

Fair housing laws have been criticized by<br />

housing scholars for being limited to the litigation<br />

of individual acts of discrimination. The<br />

housing problem is thus cast as idiosyncratic<br />

wrongdoing by agents and organizations and not<br />

systemic and institutionalized racism. Fair housing<br />

advocates call for laws that challenge the<br />

systematic structural arrangements that reproduce<br />

segregation and predominately minority,<br />

low-income communities.<br />

Nicole Oretsky<br />

See also Exclusionary Zoning; Ghetto; Housing; Housing<br />

Policy; Redlining; Social Housing: Suburbanization<br />

Further Readings<br />

Bratt, Rachel G. et al. 2006. A Right to Housing:<br />

Foundation for a New Social Agenda. Philadelphia:<br />

Temple University Press.<br />

Schwartz, Alex. 2006. Housing Policy in the United<br />

States: An Introduction. New York: Routledge.<br />

Schwemm, Robert G. 1998. “Fair Housing Amendments<br />

Act of 1988.” In Encyclopedia of Housing, edited by<br />

William Van Vliet. Thousand Oaks, CA: Sage.

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