Racial inequities in housing—the result of decades of discrimination by all levels of government and the private sector—are well-documented, as are their insidious effects. These disparities demand responses, and cities across the country are working to develop new and innovative housing policies that redress the harms of discrimination. However, the legal considerations involved in crafting policies to address racial disparities in housing can be complex, given the Supreme Court’s interpretation of the Fourteenth Amendment’s Equal Protection Clause as well as the federal Fair Housing Act. This brief provides an introduction to the legal frameworks governing housing initiatives that aim to address racial disparities, with the goal of equipping local policymakers to assess the risks of different approaches and develop locally-appropriate, legally sound strategies. The brief addresses a non-legal audience; however, readers with legal backgrounds can find more detailed legal analysis and citations in footnotes.
Updated on October 1, 2024. This brief was written before the Students for Fair Admissions, Inc. v. Pres. and Fellows of Harv. Coll., 600 U.S. 181 (2023) was decided. This decision striking down race-conscious educational affirmative action programs will have impacts that reach beyond higher education and seep into housing policy aiming to remedy systemic racial and economic discrimination. The legacy of Students for Fair Admissions, Inc. is currently playing out through ongoing litigation over interpretations of the Fourteenth Amendment related to neighborhood equity programs across the country. We will update this guidance in 2025 to address how the case law affects legal strategies to promote racial integration in local housing initiatives.
