Long Overdue: Desegregation Litigation and Next Steps To End Discrimination and Segregation in the Public Housing and Section 8 Existing Housing Programs
Florence Wagman Roisman, Indiana University
Abstract
It is not 30 but 130 years since the U.S. Congress prohibited racial discrimination in housing,
directing that "all citizens ... shall have the same right ... as is enjoyed by white citizens ... to
inherit, purchase, lease, sell, hold, and convey real and personal property." (U.S. Congress 1866.)
In 1954 the Supreme Court held that the Federal, State, and local governments are constitutionally
obligated to eschew racial discrimination in their programs and activities.2 In 1968 the Court held
that the Constitution requires disestablishment of existing segregation and elimination of the vestiges
of past segregation "root and branch."3 These mandates were reinforced in 1964, 1968, and 1994 (U.S.
Congress, 1996, 1968a; U.S. President, 1994). The 1968 Federal Fair Housing Act requires HUD to act
affirmatively "to end segregation in federally assisted housing." (Schwemm 1996:21.2 note 7.)
Long
Overdue: Desegregation Litigation and Next Steps To End Discrimination
and Segregation in the Public Housing and Section 8 Existing Housing
Programs (*.pdf)
|
