First, read Douglas S. Massey's "The Legacy of the 1968 Fair Housing Act."
Now
do your best to answer (in a few brief sentences) the questions below:
1) According to Massey, how did federal policies encourage/create mass
homeownership and mass suburbanization as a response to the Great Depression?
Why was this wave of suburbanization only available to white people?
2) According to Massey, how were “urban renewal” and public housing projects used
to preserve residential segregation in U.S. cities?
3) What was the “Dirksen compromise” and how did it limit the effect that the Fair
Housing Act could have on housing discrimination? In the end, who became largely
responsible for enforcing the Act?
4) How did George Romney, who became HUD secretary in 1969, try to get the
federal government to act “affirmatively” to promote integration? Why didn’t his
efforts succeed?
5) According to Massey, what were the three main failures of the 1968 Fair Housing
Act that caused segregation to continue largely unchanged through 1980?
6) What are three factors that slowed desegregation in certain metropolitan areas?
(This also applies to Hispanic communities, according to Massey…)
7) What do “audit studies” show when it comes to the persistence of discriminatory
practices?
8) According to Massey, what are three ways to achieve the dispersal of affordable
housing into advantaged residential areas? Give a specific example of one of these.
The Legacy of the 1968 Fair Housing Act
Author(s): Douglas S. Massey
Source: Sociological Forum, Vol. 30, No. S1, SPECIAL ISSUE: COMMEMORATING THE
FIFTIETH ANNIVERSARY OF THE CIVIL RIGHTS LAWS (JUNE 2015), pp. 571-588
Published by: Wiley
Stable URL: https://www.jstor.org/stable/43654407
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Sociological Forum, Vol. 30, No. SI, June 2015
DOI: 10. 1 1 1 1 /socf. 12178
© 2015 Eastern Sociological Society
The Legacy of the 1968 Fair Housing Act
Douglas S. Massey1
Civil rights activists in 1968 hoped that the passage of the Fair Housing Act would lead to the residential
desegregation of American society. In this article, I assess the degree to which this hope has been fulfilled. I
begin by reviewing how the black ghetto came to be a universal feature of American cities during the twentieth century and the means by which high levels of black segregation were achieved. I then describe the legis-
lative maneuvers required to pass the Fair Housing Act and review its enforcement provisions to assess its
potential for achieving desegregation. After examining trends in residential segregation since 1970, I conclude with an appraisal of the prospects for integration as we move toward the fiftieth anniversary of the
Act's passage.2
KEY WORDS: civil rights; inequality; neighborhood; policy; race; segregation.
INTRODUCTION
The Fair Housing Act passed in the wake of Martin Luther King
nation in an effort to address, at least symbolically, the anger of African
who were rioting in the nation's ghettos. For the first time in American
islation banned racial discrimination in the sale or rental of housing.
levels of black residential segregation were extreme, higher than any gro
experienced before or since. The two most common measures of segregat
index of dissimilarity and the isolation index (Massey and Denton 19
mer index measures the degree to which blacks and whites are unevenly
across neighborhoods and equals 0 when each neighborhood replicat
composition of the city as a whole and 100 when blacks and whites sh
borhood in common. The isolation index gives the percentage of Afric
in the neighborhood of the average black city dweller and reaches a mini
to the city's overall black percentage when African Americans are ev
across neighborhoods and a maximum of 100 when every black city dwell
an all-black neighborhood (Massey and Denton 1988). At the time of t
sage, the average black-white dissimilarity index stood at around 78 a
isolation index was 66 (Rugh and Massey 2014).
Civil rights activists in 1968 hoped that outlawing racial discrimin
housing markets would lead to the desegregation of American society
cle, I assess the degree to which this hope has been fulfilled. I begin
1 Office of Population Research, 239 Wallace Hall, Princeton, New Jersey
dmassey@princeton.edu.
This article is part of a special issue entitled, "Commemorating the Fiftieth Anniversa
Civil Rights Laws." Other authors include Andrews and Gaby (2015), Bonastia (2
McAdam (2015), Pettit and Sykes (2015), Santoro (2015), Valdez (2015), and Whitlinge
571
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572
Massey
how
the
bla
twentieth
c
achieved.
I
ing
Act
and
desegregatio
clude
with
a
eth
annivers
CREATING THE BLACK GHETTO
The black urban ghetto was created in the late nineteenth and early
eth centuries through deliberate actions taken by white Americans to i
can Americans spatially, and thus marginalize them socially, economi
politically. The impetus for their segregation was the Great Black Mig
of the rural South and into cities throughout the country, which produ
growing black populations that triggered a rising tide of prejudice and
nation and a hardening residential color line (Lieberson 1980). In
before the ghetto was consolidated, the average black-white dissimilari
19 Northern and Southern cities was just 36 and in 1890 the average
tion index in 17 Northern cities was only 7 (Massey and Denton 1993
however, the average black-white dissimilarity index in 64 cities had r
and the average isolation index had climbed to 21 (Massey, Roth
Domina 2009).
Thus the foundations of the ghetto had been laid at the turn of the
century. As the Great Black Migration accelerated over the ensuing dec
of racial segregation steadily rose, with the average black-white dissimilari
ing 71 by 1940 and average black isolation attaining a value of 52 (Mass
well, and Domina 2009). Initially the residential the residential col
enforced by white-on-black violence. African Americans attempting to
neighborhoods were met by angry white mobs, burning crosses, bombi
ings, and arson (Massey and Denton 1993).
In an effort to keep the peace, the Baltimore City Council in 1910 p
setting aside certain neighborhoods for African Americans and others
(Rice 1968). Legislation mandating separate black and white neigh
quickly spread to other jurisdictions throughout the nation and might
vided the basis for a legalized system of apartheid were it not for the U.S.
Court, which in its 1917 Buchanan v. War ley ruling declared laws man
dential segregation to be unconstitutional, not so much because they di
against blacks, but because they deprived white property owners of th
dispose of assets as they wished (Rice 1968).
The outbreak of World War I in 1914 brought about a surge in indu
duction while simultaneously curtailing mass immigration from Europ
labor shortages throughout urban America, shortages that only grew
when the United States entered the war in 1917. In response, black ou
from the South surged from 197,000 during 1900-1910 to 525,0
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Legacy of the 1968 Fair Housing Act 573
1910-1920 (Farley and Allen 1987). The mi
inevitably spilled over to the white side of
wave of antiblack race riots that swept thr
culminating in the great Chicago Riot of 19
In response to the wanton destruction of
real estate industry stepped in to institutiona
In 1924 the National Association of Real E
code of ethics stating that "a Realtor shoul
into a neighborhood. . .members of any ra
clearly be detrimental to property values
remained in effect until 1950 (Helper 1969
Board followed up by developing a restric
neighborhood organizations and real estate
1978). A covenant was a private contract betw
geographic area who agreed not to rent or s
majority of property owners in a covered a
binding and violators could be sued in court f
enants remained the favored legal tool institu
declared unenforceable and contrary to pub
its 1948 Shelly v. Kramer decision (Jackson 19
Black out-migration from the rural S
Depression and accelerated during World W
suburban boom of the 1950s and 1960s. Ma
iod was substantially tied to federal policies
tration (FHA) was authorized to create a m
revolutionize housing and lending markets
the mortgage conformed to criteria estab
insure up to 90% of the loan's value against
free way of making money. The conformin
period of up to 30 years at a fixed interest
10% down payment, banks were happy to
the loan would be federally insured. Small dow
ments made mass home ownership possible
creation for the white middle class (Jackson 1
Although little changed in urban Ameri
years, after the war the Veterans Administra
insurance program modeled on that of the
and VA-approved mortgages to create a sur
were happy to satisfy by purchasing cheap lan
ducing standardized homes. The combinatio
tion techniques made it cheaper to buy
comparable older dwellings in the central
exacerbated by FHA regulations that favo
homes, and large lot sizes (Jackson 1985).
The resulting wave of suburbanization wa
2015). Building on a set of maps originally
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574
Massey
Corporation
itworthiness
erally
insu
perceived
cutting
t
them
son
1985).
T
Americans,
hood
is
to
r
pied
by
the
restrictive
The
massiv
tunities
for
through
m
1970,
for
th
and
Washin
phia,
St.
Lo
thus
creatin
hood
bound
inevitably
t
for
protect
the
expansi
1983;
White
Whenever
urban
renew
of
eminent
middle-clas
other
black
increasing
t
1993).
By
19
the
black
is
THE FAIR HOUSING ACT
The passage of legislation to address housing segregation proved to b
the most difficult tasks undertaken by the civil rights movement. Congress
cifically excluded the FHA and VA insurance programs from coverage u
1964 Civil Rights Act (Lief and Goering 1987), and although a fair housi
sions had passed the House in 1966, it died under the weight of a Senate
and an attempt to revive it in 1967 bottled up the legislation in committ
sky 1969). Although President Lyndon Johnson continued to call for the
fair housing legislation, the prospects for passage seemed bleak as 1968 da
In February, however, Senators Walter Mondale of Minnesota and E
Brooke of Massachusetts offered legislation to prohibit discrimination in
Their bill sought to ban discrimination in the sale or rental of all hou
authorized the secretary of Housing and Urban Development (HUD) to in
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Legacy of the 1968 Fair Housing Act 575
allegations of discrimination, issue compl
nation, hold hearings to assess the severity
desist orders in cases where discrimination
general was empowered to prosecute agen
of discrimination, and individual victims
civil suits in federal court for significant d
attorney's fees (Metcalf 1988).
Southern senators naturally opposed th
ing repeated cloture motions, attempting to
ers would be forced to give up in order t
To draw liberal Republicans into support
Illinois offered an amendment that re
nation's housing stock, mainly by excluding
fewer rental units. The compromise also we
by eliminating HUD's authority to hold
cease and desist orders, while also lowering
A day after the Dirksen compromise w
Commission issued its report on urban ri
toward two societies, one black, one whit
segregation as a leading cause of racial t
Advisory Commission on Civil Disorders
greatly strengthened the political consensus
issue of fair housing (Massey and Dent
amendments to adjust the extent of the Act
March 4 and the amended bill was sent
adopted without changes or face dubiou
Committee (Dubofsky 1969).
Although the chairman of the House J
mous consent to the Senate bill, Southern
the Rules Committee, where hearings dra
for the legislation seemed bleak when th
Thursday, April 4, but a few hours later
and the nation's mood changed dramatical
out the nation. Some 21 House Republica
urged passage of the Senate bill. Howeve
remained steadfast in their opposition to
an uncertain fate in conference committee
switched sides. With his own constituents' m
he made a principled voted to send it to the
Guard troops quartered in the basement
from riots in adjacent black neighborhoo
signed it into law the next day (Dubofsky
martyr's blood finally to outlaw discrimina
The Fair Housing Act expressly banned
practices that had evolved over the years
lawed the refusal to rent or sell to some
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576
Massey
discriminati
in
real
estat
dwelling's
a
agents
from
promote
pa
80%
of
the
months
late
Although
t
principle,
s
compromise
ing
to
the
F
housing
dis
the
allegati
ered
only
t
problem.
M
stantially
e
the
complain
Even
if
HU
crimination
damages,
pr
breaker
in
possible
pros
could
only
a
if
the
alleg
(Metcalf
19
Fair
Housin
wants
to
di
In
the
end,
"aggrieved
p
ages
in
fede
for
actual
d
filed
withi
mediation;
a
ble
for
all
co
to
be
prose
the
damages
of
1980,
onl
In
addition
Act
also
cal
relating
to
h
policies
of
words,
HUD
housing
pol
wherever
After
it
he
c
b
affirmative
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Legacy of the 1968 Fair Housing Act 577
that HUD had a clear obligation to consi
fact open up new, nonsegregated housin
decreasing the effects of past housing dis
"the impact of the concentration of the
extends beyond the city boundaries to include the surrounding community
solve problems of the 'real city,' only metropolita
man 2007:387).
To enact this vision, he proposed an "Open Com
HUD financial assistance to a community to its ac
thereby promoting desegregation by race and clas
ated a task force to implement the program on a
communities in several states, choosing suburbs with
tle or no affordable housing. Not surprisingly, th
opposition from suburban politicians and public of
to the White House. Nixon's political strategy, of c
voters, middle-class suburbanites, and Southerne
change and told his adviser John Ehrlichman that "th
time for either forcibly integrated housing or forcib
2014:149). Romney was ordered to release HUD fun
restrictions (Lamb 2005). When a St. Louis suburb
struction of affordable housing, Romney's plea fo
General John Mitchell was refused, and he was fo
munities initiative in September 1970 (Mason 2014
Nixon progressively came to disdain his HUD sec
chief of staff, "just keep [Romney] away from me
the White House for his departure rose, and short
1972, Romney resigned, disappointed with Nixon
don't know what the president believes in. Maybe
(Reeves 2001:277). In subsequent years, HUD's exer
under the Fair Housing Act's affirmative mandate
quent HUD secretaries carried out Nixon's bidding
and civil rights, triggering a series of lawsuits by
2015).
When a lower court in 1968 found the Chicago Housing Authority (CHA)
guilty of promoting racial segregation in public housing, HUD Secretary Carla
Hills chose to fight the decision and appealed all the way to the U.S. Supreme
Court, which in Hills v. Gautreaux (1976) unanimously affirmed HUD's complicity
in promoting segregation and ordered a metropolitan-wide desegregation plan (Vernarelli 1986). In the case of Shannon v. HUD , residents of an urban renewal area in
Philadelphia argued that HUD had failed to fulfill its affirmative mandate by not
developing procedures to assess the effect of project construction on the racial com-
position of the neighborhood. Once again, HUD strenuously fought the lawsuit,
but in 1970 a federal judge ordered HUD and the Public Housing Authority to
develop procedures that took racial composition into account in selecting sites for
public housing projects (Rubinowitz and Trosman 1979). HUD was similarly
obstructionist when a nonprofit developer sought to build subsidized apartments in
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578
Massey
a
suburb
of
application
Noting
a
d
report
by
t
not
been
fo
sion
on
Civ
SEGREGATION SINCE 1968
Although the Fair Housing Act is often heralded as a key piece of ci
legislation, in reality it was only the first of several steps Congress undert
mote residential segregation. Although the Act banned racial discrimina
sale and rental of housing, it took no action to stop discrimination in
lending. It was not until Congress passed the Equal Credit Opportunity
that discrimination against black individuals was prohibited and it was
1977 that it passed the Community Reinvestment Act to outlaw discr
against black neighborhoods, thus eliminating the legal basis for the practic
lining (Lief and Goering 1987).
Given the weak enforcement authority granted to HUD under the
ing Act, the agency's well-documented record of foot-dragging with re
affirmative mandate, and the delay in outlawing discrimination in lending,
haps not surprising that in their analysis of segregation trends through
sey and Denton (1993) detected little movement toward integration bet
and 1980. Owing to the technical limitations of the time, however, they on
segregation trends in the 50 largest metropolitan areas. In subsequent
moreover, metropolitan America was radically transformed by mass im
and rising inequality to produce a dramatically different urban contex
Hispanics had become the nation's largest minority group and segregatio
economic status was on the rise (Massey et al. 2009; Reardon and Bishoff
Figure 1 draws on Rugh and Massey's (2014) analysis of 287 con
defined metropolitan areas to show trends in average dissimilarity from
panic whites for blacks, Hispanics, and Asians from 1970 through 2010.
ity is measured at the census tract level and average values are weighted by
of the minority population in each metropolitan area. As can be seen
downward trend in black-white segregation that Massey and Den
observed between 1970 and 1980, though modest, continued steadily a
ensuing decades, dropping by around 4.5 points per decade and movin
value of 78 in 1970 to 60 in 2010, a shift that prompted Glaeser and Vi
to declare "the end of the segregated century." Logan and Stults (2011)
found that declining black-white segregation was far from universal and th
metropolitan areas displayed a pattern of "stalled integration."
In their analysis, Rugh and Massey (2014) found that as of 2010, hig
black segregation were actively promoted by restrictive density zoning
and high levels of antiblack prejudice across metropolitan areas. High s
persisted especially in large areas with older housing stocks and large
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Legacy of the 1968 Fair Housing Act 579
90
80
Hispanics
I
»/)
so
.E
II
M
M
Asians
8«
I~
~
30
GMD
i
>
20
10
o
1970
1980
1990
2000
2010
Year
Fig. 1. Trends in neighborhood-level dissimilarity from whites, 1970-2010.
American populations characterized by low levels of income and education relative
to whites. Declines in segregation over the period were significantly slower in metropolitan areas displaying high levels of antiblack sentiment, restrictive density zoning
regimes, and low black socioeconomic status. The five most segregated metropolitan areas in 2010 were Milwaukee, Gary, Detroit, Newark, and New York, and in
these areas no decline in black segregation was observed.
A follow-up analysis by Massey and Tannen (2014) showed that in 21 metropolitan areas African Americans remained hypersegregated in 2010 and that these
areas accounted for a third of all metropolitan blacks. In their factor analysis of seg-
regation indices, Massey and Denton (1988) identified five geographic dimensions
of segregation and in subsequent work they showed that uniquely among racial-ethnic groups, African Americans in a subset of metropolitan areas were highly segre-
gated on at least four of the five spatial dimensions, a pattern they labeled
hypersegregation (Massey and Denton 1989). Although the number of areas in
which blacks were hypersegregated declined from 40 to 21 between 1970 and 2010
and the share of African Americans experiencing hypersegregation declined by half,
among those areas that remained hypersegregated in 2010 there was no apparent
movement toward integration, and in several areas average levels of segregation
across the five dimensions had increased.
Although black segregation may have declined substantially in some metropolitan areas, therefore, it certainly has not disappeared and indeed has displayed a
remarkable persistence in many places. Turning to Hispanics, we see that on average their segregation from non-Hispanic whites displayed no trend toward integra-
tion from 1970 to 2010 and, in fact, increased slightly, going from a dissimilarity
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580
Fig.
Massey
2.
Trends
score
of
ics
were
46
no
persegrega
communiti
dential
segr
whites,
rest
the
form
o
flat
with
a
Asians
did
(Massey
an
Given
stead
huge
increa
drive
up
le
this
is
exac
sus
tract
th
same
period
20%.
In
con
going
from
similarity
a
the
period.
experienced
Latino
sen
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Legacy of the 1968 Fair Housing Act 581
-HP*WW -«-P»WB -*-P*WA
100
X
Oí
ç
__
__
^
70
"O
tS
60
i
3
50
0
1
40
I
8
30
20
-
10
'i
0
1970
1980
I
1990
2000
2010
Year
Fig. 3. Trends in white isolation and contact indices.
growing numbers, the degree of isolation remained quite low compared with blacks
and Hispanics.
Despite the declines in black-white segregation and the rising presence of Hispanics within U.S. metropolitan areas, in a very real way whites remain the most
spatially isolated of all groups in the United States. Figure 3 shows trends in nonHispanic white isolation within census tracts from 1970 to 2010, along with tractbased interaction indices. The latter give the percentage of blacks, Hispanics, and
Asians in the neighborhood of the average white metropolitan resident. Although
the trend in white isolation is clearly downward, it still remains quite extreme. From
1970 to 2001 the white isolation index dropped from 92 to 72, but the latter figure is
still quite high compared to the values of 47, 45, and 21 for Hispanics, blacks, and
Asians, respectively; and the likelihood that a white person shared residential space
with a minority person was still quite small in 2010. The likelihood of spatial inter-
action with blacks was only 8%, compared with 6% for Asians, and 11% for
Hispanics.
THE PAST AND FUTURE OF SEGREGATION
Despite some signs of progress toward a more integrated society,
desegregation has been quite uneven, and 46 years after the passage
Housing Act, many metropolitan areas remain just as segregated as th
1968. Indeed, as of 2010 African Americans remained hypersegregated in
politan areas, including Milwaukee, Detroit, St. Louis, Cleveland, Ch
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582
Massey
York,
Philad
prominent
b
Boulder,
Fo
containing
c
typical
of
u
politan
Afri
and
another
dissimilarity
Since
1970
t
463%
and
le
politan
area
New
York.
I
low
socioeco
and
Massey
estimated
p
and
Stringfi
lived
under
tion
index
o
dent
lived
in
In
many
wa
tion
in
the
black
ghetto
time
the
civ
crimination
become
clan
employ
audit
istics
and
sen
rent
in
a
spe
documented
tinue
to
be
portionately
away
from
et al. 2002).
Audit studies likewise indicate the persistence of discrimination against African
Americans in mortgage lending as well as the continued redlining of black neighborhoods (Hartman and Squires 2013; Ross and Yinger 2002), though in recent years
redlining has given way to "reverse redlining," or predatory lending in which black
borrowers are channeled into high-interest, high-risk loans (Hyra et al. 2013; Rugh,
Albright, and Massey 2015; Squires 2004). Research also reveals substantial "linguistic profiling" during phone calls to inquire about the availability of housing,
such that callers speaking Black English Vernacular or having a "black" accent are
not informed of opportunities that are made readily apparent to those speaking
Standard American English (Fischer and Massey 2004; Massey and Lundy 2001;
Purnell, Idsardi, and Baugh 1999; Squires and Chadwick 2006).
Over the years audit studies have been commissioned by HUD to measure discrimination in selected housing markets, but the agency has generally lacked
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Legacy of the 1968 Fair Housing Act 583
funding to conduct these studies widely acr
time. Moreover, as already noted, the agency
ods for purposes of enforcement. Given th
the funding nor the authority for a wider fe
likely to be forthcoming anytime soon. Audit
ing groups around the country, however, b
crimination; but once again, funding has been
often successful in court, are laborious, tim
ineffective in deterring discrimination more
Under these circumstances, the most rea
more of what we have seen in the past. Blac
fall, on average, but will be characterized b
metropolitan areas with less restrictive zon
black populations, on the one hand, and larg
zoned suburbs and large, poor black commu
former will continue to desegregate at a st
come to be comprised of a distinct set of hyp
ment toward integration occurs. Hispanic s
to creep upward and neighborhood isolatio
growth continues. Given that Hispanic seg
against undocumented migrants and that la
politan areas are presently undocumented
will depend on what happens with respect t
gress, which currently have dubious prospe
in the House of Representatives.
Hopes for faster desegregation thus rest wi
being, and at this writing the Obama admi
possibility of unilateral actions on immigr
elections. Likewise, the Obama administrati
to enact HUD's fair housing mandate along
ties initiative 45 years earlier. The rule, la
Housing," would require states and local g
complete an assessment of their progress tow
coming historic segregation moving toward in
of poverty in minority neighborhoods; red
borhood quality; and progress toward resp
Department of Housing and Urban Develop
required to submit the assessment to HUD,
complete and whether it was making suffi
Once accepted, HUD would work with lo
Action Plan, detailing how they would affir
their community, setting forth specific strat
issues identified in the assessment.
At this point we do not know whether or how the proposed rule on Affirmatively Furthering Fair Housing will be implemented, and if it is implemented, the
degree to which it might be effective in bringing about racial-ethnic integration and
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584
Massey
the
déconce
ties
Progra
to
leave
dis
persal
of
af
one
of
erty
three
areas;
by
construc
According
t
achieve
resi
In
the
Mov
public
housi
neighborho
lems
with
t
sey
2008),
disadvantag
generally
e
2010;
Ludw
expectation
taged
areas
class
segre
have
been
p
ever,
vouch
ing
desegre
Requiring
considerabl
Simmons
2
2011),
revea
tive
means
o
of
children
affluent
ne
metropolita
complex
of
suburb,
des
that
it
woul
a
systemati
neighborho
low-income
Compared
reduction
i
negative
lif
2015).
At
th
increase
in
half
times.
disorder
an
although
th
school
distr
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Legacy of the 1968 Fair Housing Act 585
Thus, affordable housing programs carry
the disadvantages imposed on poor minorit
Recent research indicates that the concent
imposed by residential segregation is the
black poverty and the main explanation fo
equality (Sampson 2012; Sharkey 2013). Co
housing and fair lending laws with a wider
programs would go a long way toward deseg
class and move the nation closer to the id
2015). As Schwemm (1989:47) once noted, "
the Fair Housing Act cannot keep." Nearly
Housing Act, making good on that promise
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