Fair Housing Act — Online Journal — Columbia Undergraduate Law Review

Racially Restrictive Covenants Move Out of Homeowner Associations and Into Banks

While the pursuit of private property ownership is a distinctly American obsession, for many everyday Americans, this dream remains stubbornly elusive. Although the current housing market reflects increasing demand for property in a low supply market, the data consistently supports a historical truth: many consumers of color find themselves barred from obtaining real estate. In fact, Black Americans are statistically less represented than any other racial or ethnic group in the country, with only a 42 percent homeownership rate; Hispanic-Americans are only slightly ahead at 48.1 percent. [1] To this day, housing discrimination is among the most prominent examples of legal and industry-specific practices intended to spatially isolate racial and ethnic minorities. While the underlying intent to legally segregate homebuyers remains the same, the private institutions that engage in such discriminatory practices have morphed over the last few decades from homeowner associations (HOAs) to regional banks.

Irene JangAugust 17, 2021predatory lending, housing, housing discrimination, Fair Housing Act

A Civil Responsibility for Representation

The advent of American justice, in criminal proceedings, is often tied to the constitutional guarantee of the attorney. Our 6th Amendment promises that “in all criminal prosecutions, the accused shall enjoy the right to… have the Assistance of Counsel for his defence.” [1] This is a powerful promise our Founders codified, aiming to level the playing field for criminal defendants thereafter. In many ways, this pledge continues to represent the emphasis on individual rights in the American social contract. But when we take a step backwards, we are reminded that criminal proceedings have an often-overlooked twin: civil law.

Jaden SchneiderJanuary 6, 2019representation, Department of Housing and Urban Development, 6th Amendment, Supreme Court, Village of Arlington Heights v. Metropolitan Housing Development Corp., exas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., Fair Housing Act, housing lawComment