Remarks on Signing the
Fair Housing Amendments Act of 1988
Well,
please be seated, and welcome to the White House. You know, today is a day I've
been waiting for, for 8 years. About this time 8 years ago, I noted that
homeownership is ``among the foremost values of the American people'' and that
this value was seriously in danger. The danger I was addressing then was
economic. According to real estate industry economists, the average family at
that time was making only 75 percent of what it needed to buy a home. And as
Secretary [of Housing and Urban Development] Pierce's
predecessor said, ``For many hard-working families,
housing is growing beyond their reach.'' Well, today interest rates are down.
Real incomes are up. And the average family is making approximately 110 percent
of what it needs to buy a home. And once again, the American family can afford
the American home.
When
it comes to housing for low- and medium-income families who rent, national
vacancy rates today average just under 8 percent, up from 5 percent when we
took office, with even more progress for low-income units. This reflects that
today we have an abundant supply of affordable rental housing for all
Americans.
Today
we address, at last, the other important obstacle to homeownership and rental:
discrimination. Discrimination is particularly tragic when it means a family is
refused housing near good schools, a good job, or simply in a better
neighborhood to raise children. This bill is the product of years of bipartisan
work and repairs a significant deficit -- or defect, I should say -- deficit is
on my mind too -- in civil rights law.
The
Civil Rights Act of 1968 included, for the first time in our history, a fair
housing provision. That was a major achievement, one that many Members of
Congress, including a young Congressman named George Bush, had to show enormous
courage to vote for. Unfortunately the fair housing title didn't work as well
as had been hoped. It lacked teeth. Its conciliation provisions were
ineffective, when used. And that's why our administration, and Secretary Sam
Pierce, in particular, has devoted 8 years to redress the absence of penalties
and the inability of the Government to initiate actions except when a pattern
of discrimination could be proven. These were shortcomings that made the
statute difficult to enforce. In my State of the Union Address 5 years ago, I
joined with Members of Congress on both sides of the aisle in vowing that ``We
will work to strengthen enforcement of fair housing laws for all Americans,''
and now we've achieved that goal.
The
bill I sign today has a number of significant features. First, the law extends
protection to families with children and persons with handicaps and continues
to recognize and protect the special needs of the elderly. Second, for the
first time, aggrieved parties may avail themselves of an administrative
enforcement procedure. Moreover, the administrative law judge may assess
penalties against those who discriminate. The penalties are a $10,000 fine for
the first violation, $25,000 for the second, and
$50,000 for the third. Third, for the first time, in cases initiated by the
Department of Justice, the Department may obtain monetary relief for victims
and civil penalties of $50,000 for a first violation and $100,000 for
subsequent violations. Fourth, the constitutional rights of all parties are
protected. Both defendant and plaintiff have the option of a jury trial, or
they can agree to the faster, simpler administrative procedure.
At
the same time, I want to emphasize that this bill does not represent any
congressional or executive branch endorsement of the notion, expressed in some
judicial opinions, that title 8 violations may be established by a showing of
disparate impact or discriminatory effects of a practice that is taken without
discriminatory intent. Title 8 speaks only to intentional discrimination.
There
are so many people who deserve credit today -- Secretary Pierce, of course, as
well as the leadership of the Justice Department. When I signed the 1987
Housing Act, I called Sam the unsung hero of the administration. Well, it's
time we all recognize Sam as the unsung hero of this, the most important civil
rights legislation in 20 years.
And
then there's Representative Hamilton Fish, who has worked for decades to
strengthen our fair housing laws. Ham Fish was the architect of the key
provisions in the bill that protect the constitutional right of Americans to
civil jury trials.
Every
Senator and Representative standing up here with me today played an important
role in the passage of this landmark civil rights bill, and I want to mention
especially Representative John Lewis. Twenty-five years ago, as a young leader
of the civil rights movement, Congressman Lewis was standing in this very Rose
Garden pressing for Federal action to eliminate housing discrimination. John's
hard work to achieve that has brought us one step closer to realizing Martin
Luther King's dream. To all of you and to everyone involved in the passage of
this legislation, the Nation says thank you.
And
now I have a little signing to do.
Note: The President
spoke at