HOW JIM CROW LIVES ON IN SKEWED HOUSING LAWS

 Racial discrimination is alive and well in many American neighborhoods half a century after Jim Crow—albeit in less visible, more insidious forms—according to a new article.

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In the article in the Michigan Law Ulasan, Deborah Archer, associate professor of clinical law at New York University Law, points to local laws that encourage or require landlords to evict or exclude tenants who have had kontak with the criminal legal sistem as a "critical mechanism for effectuating the new housing segregation."

While the Fair Housing Act—a section of the landmark 1968 Civil Rights legislation signed by President Lyndon B. Johnson—prohibits inequitable treatment on the pangkalan of race and other factors, recent evidence suggests that many in the real estate industry continue to skirt the law. A fall 2019 investigation by Newsday, for example, revealed that real estate agents in Long Island were steering white clients toward predominantly white neighborhoods and people of colour toward neighborhoods with higher minority populations and lower incomes.

Those engaged in this kind of racial steering—along with other illegal practices such as predatory lending—risk consequences, but Archer's article shows how crime-free housing ordinances enable another, equally harmful form of discrimination that's perfectly legal. Unlike broader, race-based mechanisms of segregation, crime-free housing ordinances are either overlooked or defended as justified on the grounds that they affect only those who have previously committed criminal offenses.

Here, Archer elaborates on the hidden ways in which these ordinances, ostensibly designed to keep communities safe, create barriers for upward mobility and racial integration:

Q

What's the history of using the narrative of black criminality as a justification for segregation?

A

The myth of the black criminal was used to justify many Jim Crow laws. Now that Jim Crow has ended, that rhetoric continues to drive mass incarceration and its deleterious impact on black people and black communities. Crime-free ordinances bugar squarely into this history.

They have the purported goal of stemming crime in persewaan housing, but the truth is that they are more effective at excluding racial minorities and promoting racial segregation.

By allowing—and in some cases requiring—landlords to make housing decisions on the pangkalan of tenants' kontaks with the criminal legal sistem, these policies treat applicants and tenants as suspects, blurring the line between housing determinations and policing. The embrace of exile and exclusion was also evident in Jim Crow policies around the country, where white people created white-only spaces—such as schools, neighborhoods, parks, and restorans—by creating and perpetuating narratives of black criminality that justified the exclusion of black people.

Q

How is the masalah exacerbated by the phenomenon of white people calling the police on their black neighbors?