National Fair Housing Alliance -2- www.nationalfairhousing.org
throughout the United States. In order to ascertain whether or not even those
forced to relocate because of the hurricanes would experience discrimination,
NFHA conducted testing of rental housing providers in several communities.
Although housing discrimination based upon race, color, religion, sex, national
origin, disability or familial status is illegal,
NFHA’s investigation into housing
practices following the hurricanes documented violations of the federal Fair
Housing Act in several states to which many hurricane victims fled: Alabama,
Georgia, Florida, Tennessee and Texas. Out of 65 tests of rental housing
providers, African-Americans experienced discrimination in 43, or 66 percent, of
the transactions. NFHA will conduct further testing in 2006 to ascertain treatment
of displaced people based on national origin, disability and family status.
To counteract these widespread findings of race discrimination against Hurricane
Katrina survivors, NFHA has filed complaints alleging violations of the federal
Fair Housing Act with the U.S. Department of Housing and Urban Development
against five apartment complexes. These are the complexes at which the most
egregious instances of differential treatment occurred.
SUMMARY OF FINDINGS
From mid-September through mid-December, 2005, NFHA conducted telephone
tests of rental housing providers in seventeen cities in five states, as follows:
Alabama: Birmingham, Mobile, Huntsville and Montgomery
Florida: Gainesville, Tallahassee and Pensacola
Georgia: Atlanta, Columbus, Macon and Savannah
Tennessee: Nashville, Chattanooga and Memphis
Texas: Houston, Dallas and Waco
NFHA conducted 65 tests in five states, all with two White callers and one
African-American caller. In 43 of these tests, White testers were favored over
African-American testers. With limited resources and a short time-frame, NFHA
was able to conduct five in-person tests at apartment complexes for which we
had identified differential treatment on the initial phone test. These in-person
tests were matched pair tests with one White tester and one African-American
Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing
Amendments Act of 1988, (42 U.S.C. § 3601 et. seq) prohibits discrimination in housing and
housing related transactions based on race, color, religion, sex, national origin, disability or
familial status. Its legislative history is entwined with the national experience of urban riots and
civil unrest, and its passage was expedited in response to the assassination of Dr. Martin Luther
King, Jr. and the release of the Kerner Commission Report that concluded that America was
“moving toward two societies, one black, one white — separate and unequal.” In enacting the
Fair Housing Act, Congress’ purpose was “to provide, within constitutional limitations, for fair
housing throughout the United States.” 42 U.S.C. § 3601 (2004). The ultimate purpose of the
FHA was to create “truly integrated and balanced living patterns.” 114 Cong. Rec. 3422 (1968).