Civil Rights Act of 1968 - Subsequent Legislative and Judicial Changes

Subsequent Legislative and Judicial Changes

In 1988, Congress voted to weaken the ability of plaintiffs to prosecute cases of discriminatory treatment in housing. But the Fair Housing Act was also amended in 1988 to allow plaintiffs' attorneys to recover attorney's fees. Additionally, the 1988 amendment added people with disabilities and families with children to the classes covered by the Act.

In the early 1990s, in Trouillon v. City of Hawthorne, the Legal Defense and Education Fund of the National Association for the Advancement of Colored People (NAACP) successfully challenged an urban renewal plan on the basis of race discrimination by bringing suit under the Fair Housing Act. Previous litigation under the Act had largely been limited to discrimination in buying or renting housing.

Although he ruled in favor of the plaintiffs, Judge Davis nevertheless disputed the allegations of discrimination. He said he based his ruling in part on the city's failure to prove that the area had a higher crime rate and lower property values than other parts of the city. The city "did not act in bad faith or fraudulently," Davis wrote. "(It) did not discriminate against any minority or low or moderate income person and did not violate any person's Due Process, Equal Protection or other Civil Rights."

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