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Will it be transparent? As fair housing educators, our biggest 2025 issue wanted people to be new to the process of reporting illegal, unfair housing. It’s a simple solution (not easy, but simple). We need to be consistently aware of what unfair housing looks, feels and hears, and how to report it. This is basic fair housing education.
It wasn’t my worst nightmare. We had expected that we would be in a position to return to legal, even unfair housing. But here we are.
what do you mean?
Federal Fair Housing Protection Rollback
“The lives of all of us homes are safe places where we are and we can go to avoid being questioned. Fair housing is a civil right. It’s more than property. Yes, it is about dignity and justice.” – Poet Dr. Maya Angelou
Former President Biden signed Executive Order 13988 on January 20, 2021 to prevent and fight discrimination based on gender identity or sexual orientation. This EO has had a lot of impact, but when it comes to real estate, this was a historic directive that temporarily instills two new federal fair housing protections.
Sexual orientation gender identity/expression
Within weeks of its EO, one of the fair housing enforcement agencies, HUD, began an investigation. The federal government was catching up to what we, relatively far ahead, codified in our code of ethics ten years ago. However, the executive order is not permanent.
“But wait, did these protections not be included in 1974, when sex was added as a fair housing protection class?”
Unfortunately, no. The addition of “sex” as a protected class under the Fair Housing Act of 1974 initially referred to only biological genders (male/female), reflecting the narrower social and legal understandings of the time. It’s there.
Anyway, to my shock, it felt like a gut punch to read in the inauguration ceremony in 2025, where President Trump revoked this monumental executive order. This rollback means that community members and real estate professionals don’t have a federal path to go to if they are not welcome in the home for reasons other than gender and for reasons other than their loved ones.
Thankfully there are around 25 state/territories laws (including Washington, DC) that have express laws in the book, but what about the rest of the states and territories? 79%.
This is the percentage of people surveyed by Zillow in 2024 who shared their experiences of unfair housing based on sexual orientation and gender identity. In 2024, a friendly reminder was established with a federal executive order and approximately 25 state/territory laws (including DC).
“But many of us professionally don’t trust Zestimates, so how can we trust this data from Zillow?”
Aside from Zillow’s research, did you know that there is an increase in fair housing complaints? See the National Fair Housing Alliance charts for the past decade. 2020).
Fair housing complaints mean that investigation and enforcement infrastructure does not need to be reduced or refunded. But the opposite seems to be happening.
Frankly, there are just too many single fair housing violations.
Imagine how these forms of unfair housing will continue. However, now there is no form of legal action in a federal or specific state/territory.
As you can see from this National Fair Housing Alliance visualization, each fair housing/loan complaint has been used often by us, Americans.
Additional actions to “delete” fair homes
To further complicate the issue, you may lose some of the required reporting and investigation options. There was a call to remove some of these organizations. Among others, there was a dict order that would suspend the investigation. Additionally, federal funding freezes are currently in scope.
for example:
1. Housing and Urban Development Authority (HUD): The threat of an impending funding freeze disrupts at least 100 HUD-based programs, including:
Fair Housing and Emmacon equalthance’s Office (FHEO): The main enforcer of the Fair Housing Act. Fair Housing Initiative Program (FHIP): Funding private nonprofits to investigate unfair housing through testing and litigation. Fair Housing Assistance Program (FHAP): Enforce the Fair Housing Act with state/local agencies and partners.
The Intermountain Fair Housing Council, an example of social media for nonprofit organizations, is on its mission to ensure fair housing, but was affected by the initial funding freeze on January 27, 2025. Although it has been blocked by a federal judge until February 3, 2025.
2. Department of Justice (DOJ): The cases currently under investigation have been suspended and affect these areas.
Housing and Private Enforcement Section (including unfair housing litigation under the Fair Housing Act and the Equal Credit Opportunity Act). Fair Housing Testing Program (Uses masked testers to reveal unfair housing and lending housing).
3. Consumer Financial Protection Bureau (CFPB): Elon Musk is asking for the removal of CFPB, but since its launch in 2010, CFPB has helped it recover $21 billion as an American consumer.
Enforcement of the Fair Loan Act (Ecoa, HMDA) and an investigation into discriminatory practices of mortgages, credit cards, and small business loans. This is how homeowners report discriminatory property valuations through key interagency efforts to combat valuation bias through the evaluation subcommittee that operates the Evaluation Complaint National Hotline (1-877-739-0096). It’s easier than ever.
Ground Boots: Why are these federal options needed for states/regions with law?
Sadly, by working with members of various local communities who want to report unfair housing/loans, local and state governments usually have limited local and state resources and limited legal provisions. (It can sometimes be that. The federal government is not covered locally).
Here in Georgia, for example, we have a statewide fair housing investigator (with a limited budget) with over 11 million residents. In short, demolition and refund of fair housing-centric EOs, agencies and initiatives suddenly fail to have time to manage change – hurts the community.
Many of us are exposed to real estate from real estate agents/brokers to mortgage lenders, insurance agents and other occupations – having fair access and the opportunity to lease or own a home is the most important part of America’s dreams I believe that is.
As a sign of goodwill in our community, our association (mortgages, real estate agents, insurance, etc.) has made it possible to ensure that elected senators and representatives make A1 priorities fair and affordable on this year’s legislative agenda. They should be at the forefront of demanding that they maintain affordable housing.
If you want to act individually now, here are the links to connect with local representatives this weekend and to advocate for Fairhousing to maintain their top priorities.
An example of an automated advocacy letter available from the National Fair Housing Alliance this weekend at this link.
“The stakes are too high for the government to become an audience sport. Fair housing is a battle we have to fight together, and ensure that everyone has a place to call their homes without discrimination or exclusion. “We guarantee that this is.” – Barbara Jordan, former member of the U.S. House of Representatives.
Dr. Lee Davenport is a real estate coach/educator and author who provides access and opportunities to real estate to train real estate agents. Connect with her on Instagram.
