Lease and Desist Examining the Intersection of Civil Probation and the Fair Housing Act: Implications for Housing Equity and Legal Protections

1. xCharles S. Bullock, III, and Charles M. Lamb†† (Summer, 2024). Article: Strengthening American Fair Housing Enforcement: A Proposal. UC Davis Social Justice Law Review, 28, 169. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a6CJS-4791-JD86-N49T-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. The article begins by discussing the historical context of the FHA, passed in 1968 to prohibit discrimination in housing based on race, color, religion, sex, disability, familial status, or national origin. It emphasizes the Act’s significance in addressing systemic housing inequalities but points out enforcement challenges that have hindered its effectiveness. 

1. 15 Am Jur 2d Civil Rights § 386 (2024). https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a6CNP-23R3-RW6M-C2CV-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. Will Gomberg (February 21, 2024). ARTICLE: Affirmatively Furthering Fair Housing Through State Law. N.Y.U. Journal of Legislation and Public Policy Quorum, 2024, 1. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a6BNV-KVX1-DYRW-V0VV-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. Gomberg explains that the AFFH mandate, derived from the FHA, requires governments not only to prevent housing discrimination but to take proactive steps to create more equitable housing opportunities. The AFFH mandate has historically been underenforced and inconsistently applied at the federal level, leaving gaps in fair housing outcomes. 

1. Vanessa Springer (Summer, 2024). STUDENT NOTE & ARTICLE: AFFORDABLE HOUSING IN HEALTHY COMMUNITIES: INTEGRATING ENVIRONMENTAL JUSTICE INTO THE APPLICATION CRITERIA FOR AFFORDABLE HOUSING TAX CREDITS IN NEW MEXICO. New Mexico Law Review, 54, 623. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a6CBB-4CV1-DYRW-V00C-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. The article critiques how QAP criteria often fail to consider environmental justice concerns. It points out that current application processes for tax credits prioritize economic feasibility but overlook the long-term health impacts of placing affordable housing in environmentally compromised areas. 

1. Khadijah Wright1 (Spring, 2023). ARTICLES: Bridge or Barrier: The Intersection of Wealth, Housing, and the Disparate Impact Standard. Florida A&M University (FAMU) Law Review, 17, 203. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a69B4-9441-F0R8-C003-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. The article argues that the wealth disparities caused by these practices are perpetuated by modern housing policies that disproportionately harm low-income and minority populations, often under the guise of economic or zoning policies that, while neutral, have a discriminatory effect. 

1. By: Richala Jackson (March 3, 2022). ARTICLE: Redlining: How Discriminatory Practices Led to Urban Heat Islands. Louisiana State University Journal of Energy Law and Resources Currents, 2022, 1. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a655C-5X91-F956-S0J5-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. The article connects historical housing discrimination to current environmental justice issues, highlighting the disparities in heat exposure between redlined and non-redlined communities. Jackson advocates for addressing these inequalities by looking at urban planning reforms and equitable environmental policies to make sure un fair practices do not continue to happen. 

1. H.Res.657 – 118th Congress (2023-2024): Declaring unconditional war on racism and invidious discrimination and providing for the establishment of a Cabinet-level Department of Reconciliation charged with eliminating racism and invidious discrimination. (2023, August 18). https://www.congress.gov/bill/118th-congress/house-resolution/657 

1. This resolution proposes that the United States should create a department that focuses on reconciliation on a cabinet level and this department would focus on trying to eliminate racism and discrimination in the United States, addressing systemic inequities across various sectors, including housing, education, and employment 

1. (September 17, 2024 Tuesday). A quantitative analysis of the affirmative furtherance of fair housing in the Housing Choice Voucher program. NewsRx Science Daily. https://advance.lexis.com/api/document?collection=news&id=urn%3acontentItem%3a6D0B-5TX1-DY7R-R3K5-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. this article provides a data-driven examination of the Housing Choice Voucher (HCV) program’s role in promoting fair housing. It evaluates the effectiveness of the program in achieving Affirmatively Furthering Fair Housing (AFFH) goals and if they are fully effective as they stand now or if there are further measures or better alternatives to look at.  

1. Friedman, S. (2015). Commentary: Housing Discrimination Research in the 21st Century. Cityscape, 17(3), 143–150. http://www.jstor.org/stable/26326966 

1. Friedman tries to seek advancements and ongoing challenges in housing discrimination research. Also highlights the importance of continuing to refine research methods to address subtle, modern forms of discrimination that may not be as overt as in the past but remain pervasive. 

1. Poverty & Race Research Action Council. (2020). A Vision for Federal Housing Policy in 2021 and Beyond. Poverty & Race Research Action Council http://www.jstor.org/stable/resrep27277 

1. This report emphasizes the need for federal leadership in addressing housing disparities and promoting inclusive communities while preventing further displacement and gentrification. Also creating Housing choice programs and creating affordable housing initiatives.  

1. H.Res.657 – 118th Congress (2023-2024): Declaring unconditional war on racism and invidious discrimination and providing for the establishment of a Cabinet-level Department of Reconciliation charged with eliminating racism and invidious discrimination. (2023, August 18). https://www.congress.gov/bill/118th-congress/house-resolution/657 

1. This report tries to take a more aggressive view towards racism and fixing the issues at the root of the problem and stopping it where it influences different communities the most in education, housing and more. 

1. Tegeler, P. (2020). Housing Choice Voucher Reform: A Primer for 2021 and Beyond. Poverty & Race Research Action Council. http://www.jstor.org/stable/resrep27276 

1. The report brings forth recommendations and reforms, such as expanding mobility counseling, increasing fair market rents in high-opportunity areas, and strengthening tenant protections to ensure greater housing equity and desegregation. 

1. PAIGE TAYLOR * (Fall, 2011). ARTICLE: Reaction to: Wealth, Poverty, and the Equal Protection Clause. Georgetown Journal of Law Modern Critical Race Perspectives, 3, 201. https://advance.lexis.com/api/document?collection=analytical-materials&id=urn%3acontentItem%3a5K7H-W400-02D1-315X-00000-00&context=1519360&identityprofileid=GTTST951583. 

1. The piece examines how legal frameworks fail to address economic inequality, particularly in housing, where wealth is a primary determinant of access, especially in many households that may not have the education to gain such wealth. Also advocates for a more nuanced interpretation of the Equal Protection Clause to consider economic disparities alongside racial and other forms of discrimination. 

1. Galster, G. C. (1977). A Bid-Rent Analysis of Housing Market Discrimination. The American Economic Review, 67(2), 144–155. http://www.jstor.org/stable/1807228 

1. This study suggests and tries to prove that discriminatory practices, such as steering and exclusionary zoning, distort market dynamics, resulting in higher costs for minority groups. 

1. P. G. A., & M. C. G. (1959). Racial Discrimination in Housing. University of Pennsylvania Law Review, 107(4), 515–550. https://doi.org/10.2307/3310523 

1. The authors explore how legal tools such as restrictive covenants and exclusionary zoning were used to enforce racial segregation in housing markets. This piece is important in understanding the long-term legal and social effects of housing discrimination. 

1.  April 2024 rent report. (2024). Retrieved from https://www.rent.com/research/average-rent-price-report/  

1. This report highlights the ongoing challenges faced by low-income renters, particularly in regions with high demand and limited housing supply. Further calling for policy interventions to address rental affordability and prevent further displacement. 

1. Cottom, T. M. (2024). What’s happening in Louisville could solve a housing crisis. Retrieved from https://www.nytimes.com/2024/08/06/opinion/housing-louisville-tenants-union.html  

1. A coalition of Louisville comes together to try and battle the gentrification hitting their neighborhood by teaching locals what they can do and the legal rights they have with their houses. Cottom argues that the Louisville model could serve as a blueprint for other cities dealing with housing crises, particularly in protecting vulnerable renters from eviction and rent spikes. 

1. Grabar, H. (2024). The Feds are coming for the secret tool landlords use to keep rents high. Retrieved from https://slate.com/business/2024/09/realpage-property-rental-pricing-antitrust-department-justice-lawsuit-collusion-monopoly.html  

1. a software company accused of enabling landlords to collude and artificially inflate rents. The investigation sheds light on how sophisticated data-driven pricing tools are used to manipulate the rental market and limit competition, contributing to the housing affordability crisis. 

1. Kholodilin, D. K. A. (2024). Rent control: Does it work? Retrieved from https://iea.org.uk/publications/rent-control-does-it-work/  

1. Describes the basics of rent control and how it works describing tactics landlords use to extract maximum value from tenants. 

1. Trapasso, C. (2024). Fair Housing Complaints jump as more people report being victims of Discrimination. Retrieved from https://www.realtor.com/news/trends/fair-housing-complaints-jump/ 

1. he article attributes the increase to greater awareness of rights under the Fair Housing Act and improved access to legal resources for victims of discrimination. 

1. Mateyka, P. J. (2023). Housing programs and racial segregation: The role of place-based and mobility programs. Retrieved from https://www.huduser.gov/portal/pdredge/pdr-edge-pdrat50-101723.html  

1. Mateyka analyzes how both approaches affect the distribution of low-income and minority households across neighborhoods, recommending a hybrid approach that combines the strengths of both strategies to promote housing integration. 

1. A paired-testing pilot study of housing discrimination against same-sex couples and transgender individuals. (n.d.). Retrieved from https://www.huduser.gov/portal/publications/HDS-LGBT.html 

1. The study found that same-sex couples and transgender individuals often face discrimination in housing markets. This includes being shown fewer rental units, being quoted higher prices, or receiving less favorable terms compared to heterosexual or cisgender applicants. 

1. Stanford Law Review. (2023). Civil probation. Retrieved from https://www.stanfordlawreview.org/print/article/civil-probation/  

1. The Stanford Law Review article suggests that while civil probation may offer benefits as an alternative to punitive measures, it requires careful regulation to avoid infringing on individuals’ rights or creating disproportionate burdens, especially for vulnerable populations. Civil probation could be applied as an enforcement mechanism in cases where landlords or housing providers violate Fair Housing Act (FHA) provisions. For example, if a landlord is found guilty of discriminatory practices (such as refusing to rent to people based on race, disability, or family status), they could be placed on civil probation. 

https://www.ctinsider.com/connecticut/article/ct-hud-housing-complaints-delay-19464483.php