Open housing refers to the belief that people have a right to live wherever they choose and can afford to live. In the United States, the federal government and many state and local governments have laws and regulations to protect this right. Open housing laws are sometimes called fair housing laws or open occupancy laws.
The U.S. Civil Rights Act of 1968 included the first national open housing legislation of the 1900’s. The act prohibits discrimination in the sale or rental of most housing in the United States on the basis of race, color, religion, or national origin. In 1974, this law was revised to prohibit discrimination on the basis of sex. In 1988, Congress added further revisions to protect people with disabilities and families with children from housing discrimination. The law applies to almost all housing in the United States. It does not apply to some owner-occupied housing; buildings with fewer than four units, such as duplexes; and single-family houses sold or rented without the aid of a broker or real estate agent.
In 1977, the Community Reinvestment Act (CRA) became law. The law was designed to force banks to lend to all members of their community regardless of race or social or economic status. This law increased bank lending for home purchase and repair in low- and moderate-income and minority neighborhoods.
In 1993, some banks began offering subprime loans for home purchase and repair. Subprime lending makes loans available to borrowers who have below-standard credit histories or who lack evidence of their ability to repay the loan. Risky subprime lending contributed to an economic crisis that began in 2007. See United States, History of the (Financial troubles) .
Fair housing laws are weakly enforced in the United States. Discrimination against African Americans, immigrants, single parents, the elderly, and people with disabilities still occurs in the housing market.
Countries outside the United States vary greatly in how they protect housing rights. Some countries, such as South Africa, include housing laws in their national constitutions. In other countries, lower units of government primarily establish laws regarding fair housing practices. Problems of homelessness and inadequate housing persist in many areas of the world.
