This was a term paper for my Public Policy course. It is an analysis of the political feasibility of the Fair Housing Act of 1968. This analysis was based on the policy proposals, the political environment, and the level of opposition the bill faced while being examined for passage or failure.

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Erika Campbell
Professor Sapotichne
PLS 313-001
14 December 2015
Fair Housing Act of 1968: A Feasibility Analysis
For millions of individuals and families in the United States, the ability to purchase a
home is considered a crucial part of the “American Dream”. From the beginning of the housing
market, both private and public groups, as well as governmental organizations, have attempted to
find ways to make attaining the dream of home ownership more feasible for Americans. This
issue is one of the utmost importance to constituents and politicians alike. This importance is
based in the representation of housing as not only a basic human need, but also a larger symbol
of the prosperity and growth of both cities and nations. In the year 1968, the playing field for
housing was better leveled, with the passage of the Fair Housing Act, which put into law
prohibitions against the discrimination in sale or rental of housing based on race.
Issue Emergence:
The issue of fair housing was not one that emerged only in 1968, during the 1900s the
United States saw a heavy movement of African Americans from North to South. What came to
be known as the Great Migration was the attempt of African-American workers to escape the
racially-hostile environment of the South. With this movement, the issue of housing segregation
in urban areas emerged, and subsequently the denial of African Americans from white suburbs.
White suburbanites believed that allowing black families into their neighborhoods would cause a
decrease in housing prices, and were unwilling to watch real-estate prices drop. Therefore, the
necessity for their votes enabled politicians to “frame and tailor this issue in their zeal to attract

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and retain the crucial suburban vote” (Lamb 3). President Lyndon B. Johnson, whose
administration oversaw the passage of the Fair Housing Act, believed that the “need for a fair
housing statue was apparent from the pervasiveness of black-white housing segregation” (Lamb
26).
In order to achieve the passage of The Fair Housing Act (FHA), certain political and legal
factors were important precursors. The passage of the Civil Rights Act of 1964 prohibited all
discrimination on the basis of race, color, religions, sex, or national origin, especially in regards
to public life such as facilities, schools, and voter registration. However, this law did not
discriminate against the private and public sale of property. Therefore, it was only after this set
of laws had been enacted that President Johnson began advancing the Fair Housing Act.
Additionally, the dramatic change in ideological viewpoint between the Republican and
Democratic parties regarding civil rights played an increasingly important role. While
Republicans became more conservative toward civil rights issues, Democrats became more
liberal. Then, with the induction of Lyndon Johnson, whose idea of a “Great Society (27) heavily
involved racial justice, an incredible triad was created within the American legal and legislative
system: “a Democratic President, a democratic congress, and a liberal-activist supreme court”
(27) were ready to pass and defend some of the most ground-breaking pieces of civil rights
legislation the nation had encountered, and with this political climate, the Fair Housing Act was
mobilized by President Johnson.
Image 1
Policy Proposals:
With the political environment and legal system ready to receive civil rights legislation,
one of the most important details in ensuring the passage of the Fair Housing Act was the

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POLICYISSUE POLICY PROVISIONS
ROLE OF GOVERNMENT:
AS HOUSING REGULATIONS
No
government
regulation:
Citizens
may choose
who to sell
to as
desired
Limited
Regulation:
Government
takes a partial
role in housing
sale regulations
Mixed
Regulation:
Government
takes a more
involved role
in housing sale
regulation
Complete
Regulation:
Government
as
regulators
of housing
sales
PENALTY:
PROCEEDINGS OF
PUNISHMENT/INVESTIGATION
OF THOSE WHO DO NOT
ADHERE TO HOUSING SALE
REGULATIONS
No penalty:
Citizens
may sell
property as
they see fit.
Referral to local
proceedings:
Individual
jurisdictions
handle
investigations
Secretarial
investigation
with local
enforcement:
Federally-
appointed
secretary
investigates
incident with
assistance of
local
enforcement
Federal
investigation
and
punishment:
Local
enforcement
has no role
TIME/IMPLEMENTATION:
AMOUNT OF TIME BEFORE STATES
AND INDIVIDUALS MUST COMPLY
WITH BILL
No time
frame: No
regulation
on sales.
Bill is enacted
but on no
specific time
frame
Federal
properties must
enact
immediately,
private owners
must adhere by
December 31st,
1968
Immediate
enactment
APPLICATION OF BILL:
WHO MUST ADHERE TO THIS BILL
No
application:
No
regulatory
bill
Federally-
owned/controlled
properties
All federally-
owned, private
citizens and
realtors, with
special
exemptions
All private
and public
owners, no
exemptions
GOVERNMENT INVESTMENT:
MONETARY INVESTMENT AND
OVERSIGHT OF THE APPLICATION OF
THE BILL
No
government
investment:
No
regulation
on sales
Reimbursement
given to states
and cities that
cooperate in bill,
no federal
oversight.
Appropriation
of funds for
legal
proceedings of
bill.
Provides
funding and
federal
monitoring
of the
enactment
of bill

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consideration of the many different policy proposals for this issue. As image one shows above,
one of the most contentious pars of this bill is whether or not the federal government is able to
tell private owners who they must sell to. Therefore, the final bill that passed would stem from
this issue. The section under greatest debate were those regarding the mechanics and specific
details enactment.
The first criteria listed describes the ways in which investigation and punishment will be
handled in the event that a person disobeys this anti-discrimination bill. Having local
governments, federal investigators, or a mix of the two institutions are three possible solutions
for giving a non-biased, thorough investigation to claims of discriminatory housing policies. The
second row gives a time frame under which private citizens and government housing must begin
to adhere to the bill if enacted.
The third row presents an important part of both possible policy proposals, and what was
eventually passed into law. Who the bill applies to presents both challenges and several different
policy proposals that could be considered. If the government has full control, then no
government or private property owner, nor realtor may discriminate in property sales. However,
private citizens are often wary of having government tell them how to handle private matters,
therefore other exemptions (such as the religious exemption of the final bill) had to be
considered by legislators. The final piece of criteria that holds importance for the Fair Housing
Act is the way in which the government will fund and oversee the implementation of the bill.
With more funding for integration programs there is more government involvement and
oversight, which can often be a point of disagreement between both political parties and citizens.
Government officials then had the important task of considering each of these proposals, while

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balancing out the interests of private citizens with the interests of those being discriminated
against, as well as taking into account powerful interest groups at work.
INTEREST GROUP DESCRIPTION

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NATIONAL ORGANIZATION FOR THE
ADVANCEMENT OF COLORED PEOPLE
Civil rights leaders during 1950s and 60s. Won
several important court cases for civil rights,
approx. 600,000 members during 1960s
KU KLUX KLAN Religious background. Chapters in 15 states,
many Congressmen former members. 20,000
members during 1960s.
CONGRESS OF RACIAL EQUALITY Considered one of “big four” civil rights
groups. Organized Freedom Summer, freedom
rides, and nationwide protests. Predominantly
white members
NATIONAL ASSOCIATION OF
REALTORS
1,550 active chapters, 87,871 members during
1968.
Image 2
Interest Group Power:
Despite the political environment and number of possible policy provisions, interest
groups working for or against the Fair Housing Act attempted to use their political power to

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shape the policy in a way that was most expedient for them. Two key civil rights organizations,
The National Association for the Advancement of Colored People and the Congress of Racial
Equality, pushed hard to see the passage of legislation that would outlaw discrimination in the
sale of housing, with as little change as possible. In contrast, groups such as the Ku Klux Klan
and National Association of Realtors hoped to see all or part of the legislation struck down, and
use any power to see the bill’s policies favor them.
The two organizations in favor of passing the Fair Housing Act believed in passing it without
exemptions and with plenty of avenues for citizens to report discrimination in housing. The
National Association for the Advancement of Colored People (NAACP) was one of the Fair
Housing Act’s greatest supporters. The NAACP was a historically powerful political force, with
approximately 600,000 members during 1960s, with an unprecedented ability to mobilize
support and win landmark court cases with their legal team. Public protests organized by the
NAACP such as the Freedom Rides of 1961, and court cases like Brown v Board of Education
had placed this interest group on the political landscape. Additionally, their lobbying efforts had
helped push forward the Voting Rights Act of 1965, as well as the integration of the armed
forces. All of this participation and success in past political environments made it clear that
having the NAACP backing a bill was an important perquisite of passing a civil rights policy.
Similar to the NAACP, the Congress of Racial Equality (CORE) carried political power
through their years of organized protest and civic engagement. Their work included voter
registration for black men and women, as well as freedom rides, sit-ins, and lobbying for
different pieces of legislation. Their membership consisted of a majority of white members,
bringing a level of legitimacy to a civil rights organization that would have been received poorly
during the 1960s had the members been predominantly black. These two organizations,

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consisting of both black and white members, had proven themselves powerful political players
throughout the years and continued to lobby and fight for the Fair Housing Act during the year of
1968.
While both the NAACP and CORE offered strong support and political power for the
passage of the Fair Housing Act, two key interest groups fought for greater modification or
denial of the bill. The Ku Klux Klan (KKK), a radical interest group, had been in existence since
the mid-1800s, and was known throughout the country as a group determined to halt any attempt
to grant African Americans any civil rights. This history of anti-black activist and resurgence of
support during the 1960s allowed them to reach 20,000 members spread over 12 active chapters,
giving them enough political power to influence southern politicians voting on the bill. This
influence of southern politicians was seen when “on one occasion, Senator Robert Byrd of West
Virginia, a former Ku Klux Klan member, spoke for over 14 consecutive hours” (A&E
Networks) against the Fair Housing Act. Having congressmen as former members gave the KKK
a level of influence that would make passage of the bill much more difficult, and give them the
opportunity to influence modifications.
The second key interest group to consider in the modification and passage of the Fair
Housing Act is the National Association of Realtors (NAR). The Fair Housing Act has explicit
clauses barring discrimination not only when owners sell property, but when realtors do so as
well. These clauses were not to the satisfaction of NAR, and their discontent with the policy
created a very powerful enemy of the Fair Housing Act. During 1968, the NAR was not only
politically active, but had 1,550 chapters and 87,871 members to endorse their opposition to the
FHA. The number of members and chapters alone gave NAR a great deal of political standing,

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and their activism as an interest group made it all the more powerful as the Fair Housing Act
worked its way through Congress.
Image Three
Interest Group Symbol:
Indicates policy influence

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POLICYISSUE POLICY PROVISIONS
ROLE OF GOVERNMENT:
AS HOUSING SALE REGULATORS
No
government
regulation:
Citizens
may choose
who to sell
to as
desired
Limited
Regulation:
Government
takes a partial
role in housing
sale regulations
Mixed
Regulation:
Government
takes a more
involved role
in housing sale
regulation
Complete
Regulation:
Government
as
regulators
of housing
sales
PENALTY:
PROCEEDINGS OF
PUNISHMENT/INVESTIGATION
OF THOSE WHO DO NOT
ADHERE TO HOUSING SALE
REGULATIONS
No penalty:
Citizens
may sell
property as
they see fit.
Referral to local
proceedings:
Individual
jurisdictions
handle
investigations
Secretarial
investigation
with local
enforcement:
Federally-
appointed
secretary
investigates
incident with
assistance of
local
enforcement
Federal
investigation
and
punishment:
Local
enforcement
has no role
TIME/IMPLEMENTATION:
AMOUNT OF TIME BEFORE STATES
AND INDIVIDUALS MUST COMPLY
WITH BILL
No time
frame: No
regulation
on sales.
Bill is enacted
but on no
specific time
frame
Federal
properties must
enact
immediately,
private owners
must adhere by
December 31st,
1968
Immediate
enactment
APPLICATION OF BILL:
WHO MUST ADHERE TO THIS BILL
No
application:
No
regulatory
bill
Federally-
owned/controlled
properties
All federally-
owned, private
citizens, and
realtors, with
special
exemptions
All private
and public
owners, no
exemptions
GOVERNMENT INVESTMENT:
MONETARY INVESTMENT AND
OVERSIGHT OF THE APPLICATION OF
THE BILL
No
government
investment:
No
regulation
on sales
Reimbursement
given to states
and cities that
cooperate in bill,
no federal
oversight.
Appropriation
of funds for
legal
proceedings of
bill.
Provides
funding and
federal
monitoring
of the
enactment
of bill

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National Association for the Advancement
of Colored People (NAACP)
Congress of Racial Equality (CORE)
Ku Klux Klan (KKK)
National Association of Realtors (NAR)
Image Three Key
Interest Group Influence:
The power and influence of the key interest groups surrounding the Fair Housing Act
affected the way in which the policy would take its final form, and when these interest groups
came together either for or against the FHA, the influence becomes even stronger. The NAACP
and CORE formed an “advocacy coalition” (Birkland), portrayed by the large blue circle. Both
the NAACP and CORE worked solely on the ideology of racial equality, and when the FHA
promised equality in the housing market, they quickly supported the role of government as a
housing regulator. While both the Ku Klux Klan and the National Association of Realtors had
the money, support, and tradition of influencing policy makers, they stood separate on the ways
in which they wanted to the bill to be handled. Therefore, their individual influence was not
nearly as strong as the combined force of CORE and the NAACP. The influence of these two
civil rights groups was crucial, as the FHA was a use of mobilization for agenda setting by
President Johnson, who put the bill on the agenda. After this topic was placed on the agenda, it
was up to pro-FHA groups such as the NAACP and CORE to expand positive attention on the
issue to the larger public and media.

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While the actual clause of anti-discrimination was passed, certain bargains regarding the
mechanics of the bill had to be made in order for groups such as the NAR and the KKK to be
appeased. According to the NAR website, realtors worried that the “law made it too easy for
complainants to get an administrative remedy, whereas a court remedy was tied up in a tedious
process that required the U.S. Department of Justice to establish a pattern” (Salvant). With their
large membership and lobbying power, the NAR wanted to influence policymakers toward a
more fully explained and drawn-out system for filing discrimination claims, protecting
themselves from facing unwarranted litigation.
The Ku Klux Klan, through their use of former members in Congress, also carved out
their own place on the policy. While the KKK was opposed to any sort of government
interference in the sale of property altogether, their influence and opposition did come to affect
the final policy that passed. The final version of the Fair Housing Act included a provision to
exempt religious organizations from being affected by the anti-discrimination clause. This was to
the advantage of the Ku Klux Klan, who still held status as a religious organization in 1968.
Conclusions:
The contentious policy proposals of the Fair Housing Act are not those regarding
discrimination, rather the clauses detailing what anti-discrimination will look like. Interest
groups in favor of the bill were able to influence the FHA toward passage by coming together to
combine resources and membership bases. However, their success in passing anti-discrimination
laws in housing would come with heft bargaining in 1968, and in years to come. The National
Association of Realtors was not satisfied with the legal structure of the 1968 bill, and would
continue to be a force against Fair Housing for another twenty years. Additionally, the Fair
Housing Act had to be later amended in order to account for loopholes found by realtors and

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private citizens alike who wished to continue discrimination in housing. Despite present and
future challenges, the political and social climate of 1968 as well as the resolve of President
Johnson made the passage of the FHA much more realistic. While certain bargains were made in
order to appease powerful interest groups, the bill was passed with its main purpose intact: to
outlaw discrimination against those looking to purchase or rent a home.

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Works Cited
"100 Years of History ." naacp.org. N.p., n.d. Web. 8 Dec. 2015.
<http://www.naacp.org/pages/naacp-history>.
"Civil Rights Act." History.com. N.p., 2010. Web. 10 Dec. 2015.
<http://www.history.com/topics/black-history/civil-rights-act>.
"Congress of Racial Equality." History.com. N.p., 2009. Web. 8 Dec. 2015.
<http://www.history.com/topics/black-history/congress-of-racial-equality>.
"Fair Housing Act ." fairhousingfirst.com. N.p., Apr. 1968. Web. 30 Nov. 2015.
<http://www.fairhousingfirst.org/documents/fairhousingact.pdf>.
"Historic Report." realtor.org. National Association of Realtors , 4 Feb. 2013. Web. 5 Dec.
2015. <http://www.realtor.org/membership/historic-report>.
"Ku Klux Klan." West's Encyclopedia of American Law. 2005. Encyclopedia.com. 10 Dec.
2015. <http://www.encyclopedia.com>.
Lamb, Charles M. My library My History Books on Google Play Housing Segregation in
Suburban America since 1960: Presidential and Judicial Politics. Cambridge: Cambridge
University Press, 2005. 26-60. Print.
Salvant, Lucien. " | -AA+A 30th Anniversary of the Fair Housing Act: Many Neighborhoods—
One America."realtormag.realtor.org. National Association of Realtors , Apr. 1998.
Web. 7 Dec. 2015. <http://realtormag.realtor.org/news-and-
commentary/feature/article/1998/04/30th-anniversary-fair-housing-act-many-
neighborhoods-one>.