human rights project!
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Human Rights Project!
Housing Discrimination in the United States
By: Sarah Wiczek & Dana Melink
Article 25 in the Universal Declaration of Human Rights:Article 25.(1) Everyone has the right to a standard of
living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Who is being discriminated? Race Religion Ethnic background or nationality Sex Family status (kids, married, exc.) Mental or physical disability
Statistics(2002) 25,246 complaints 30% race 27% disability 15% family status 12% nationality HUD estimates 2 million cases actually
happen every year
What Does This Mean For Fair Housing? Everyone is entitled to adequate housing
regardless of age, economic status, group or other affliction or status, and enjoyment of this right
People can’t be denied shelter
What do we mean by “adequacy”?The following are factors regarding housing: Legal security of tenure- security against forced
eviction, harassment, or other threats. Availability of services, materials, facilities and
infrastructure- housing must have safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities-including food storage and garbage disposal
What do we mean by “adequacy”?...continued Habitability- Adequate space, physical
security, shelter from weather, and protection from health threats
Accessibility- Accessible to all, including disadvantaged groups of society
Location- Has access to work opportunities, health care, schools, child care, and other social facilities.
What do we mean by “adequacy”?...continued Affordability- cost of house shouldn’t
threaten other basic needs. Cultural Adequacy- housing can illustrate
cultural expression
Who protects these rights? The Department of Housing and Urban
Development or “HUD” HUD is responsible for creating national
policies and programs to enforce fair housing laws.
What can you do if you’re being discriminated? Register a complaint to HUD HUD will determine if they are in harm HUD will decide if either they are or a state or
local agency can act on the complaint If necessary, the case will go to an administrative
hearing, where you have the right to be represented.
At the hearing, the judge will determine whether you are entitled to actual damages, including humiliation, pain and suffering.
US Supreme Court Cases Jones v. Mayer Co. (1968)
The court held that federal law bans all racial discrimination (private or public), in sale or rental of property
Village or Arlington Heights v. Metropolitan Housing Development Corp. (1977) The court declared that proof of a racially
discriminatory intent is required in claim that race was a motivating factor in a land zoning decision
What are some acts regarding fair housing? Age Discrimination Act of
1975 Prohibits discrimination on the
basis of age in programs or activities receiving federal financial assistance
Fair Housing Act (1968) Prohibits discrimination in the
sale, rental, and financial of dwellings, and in other house related transactions, based on race, color, national origin, religion, sex, familial status, and disabilities