A/HRC/11/36/Add.3
page 20
Housing Act.43 Steering practices have generally contributed to a persistence of residential
segregation. Direct discrimination has also been detected in rental and sale of houses as well as
in mortgage lending, with people of colour being more likely to receive higher cost or subprime
loans than white borrowers with similar income and other characteristics.44
63. Concerns were expressed that the FHEO, which is the key agency responsible for acting on
complaints of housing discrimination, only finds reasonable cause for discrimination in a small
number of complaints and that the period of investigation is often surpasses the 100-day mark set
by Congress.45 It should be noted, however, that a number of cases are resolved through the
conciliation and settlement processes which are encouraged under the Fair Housing Act. At the
same time, enforcement actions by the Civil Rights Division at the Department of Justice were
also criticized due to the limited number of cases it has initiated. Another problem raised by civil
society is the large number of unreported cases of fair housing violations due to lack of
knowledge of Fair Housing laws. While the Special Rapporteur was informed by HUD of many
awareness-raising initiatives, civil society deemed them insufficient to educate the public.46
64. A particular dimension of the housing problem highlighted by civil society lies in
homelessness. The Special Rapporteur visited the Skid Row area in Los Angeles, interacting
with a number of homeless persons and civil society support groups. Interlocutors highlighted
the disproportionate impact of homelessness among minorities, particular African Americans, as
also highlighted by the Human Rights Committee in its 2006 of the United States periodic
report.47 This problem is often reinforced by the reduction of funds for the construction of public
housing. In addition, relations between law enforcement and homeless persons were also
highlighted as an important problem, particularly with regard to the enforcement of minor law
enforcement violations which often take a disproportionately high number of African American
homeless persons to the criminal justice system.
43
A recent report by the National Fair Housing Alliance described paired tests that showed that
in 20 percent of tests, African American or Hispanic testers were denied service or provided
limited service by real estate agents. See 2008 Fair Housing Trends Report, p. 28. Available at
http://www.nationalfairhousing.org/ An increase in steering from 1989 to 2000 was also detected
in the Housing Discrimination Study 2000 conducted by HUD.
44
See Vikas Bajaj and Ford Fessenden, “What’s Behind the Race Gap”, New York Times,
4 November 2007. Quoted in the shadow report Residential Segregation and Housing
Discrimination in the United States submitted to CERD by Housing Scholars and Research and
Advocacy Organizations, p.18. http://www2.ohchr.org/english/bodies/cerd/docs/ngos/usa/
USHRN27.pdf.
45
See U.S. General Accounting Office, Fair Housing: Opportunities to Improve HUD’s
Oversight and Management of the Enforcement Process. Available at http://www.gao.gov/
new.items/d04463.pdf.
46
Residential Segregation and Housing Discrimination in the United States.
47
See CCPR/C/USA/CO/3, para. 22.