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ments and other dwellings as a place of public accommodation. The Federal Housing Administration office in the community has advised us that the subject apartments have not been financed by federal loans, nor have any loans to the apartments been guaranteed or insured by the federal government. The officer was advised that she had no redress under either the Civil Rights Act of 1964, or the President's Executive Order for Equal Opportunity in Housing."

CASE NO. 12

From a Defense installation in the southern portion of the United States, the Commander reports that:

"On April 7, 1965, a formal complaint was received from a serviceman stationed at the base against the owners of newly built apartments in one of the cities adjacent to the installation. Inquiry revealed that these apartments were not subject to the Civil Rights Act of 1964, however, the officer received assistance in preparation of a formal request for suit over his own signature.

"On September 20, 1965, a 26 year old serviceman with four and one-half years service complained about off-base housing accommodations available to Negro military personnel and their dependents."

CASE NO. 13

The Commander from a large Defense installation in the southwestern United States reports:

"A Negro Lt. Col. on 7 December 1965, indicated that he had signed a contract with a large construction firm for the construction of a home. The president of the firm refused to fulfill the contract after it was determined that the Negro Colonel desired to have the house constructed in a district that did not contain other Negro homes. The president of the company directly stated to the Commander that the construction would not be accomplished because of the Colonel's

race.

"The Post Staff Judge Advocate provided assistance to the Negro Colonel in transmitting the circumstances to the FHA. In addition, the Commanding General wrote the Chamber of Commerce requesting an inquiry and corrective action. The Colonel departed for Vietnam without favorable resolution of the problem."

CASE NO. 14

From the same Defense installation, the Commander writes:

"A Sgt. First Class on 13 April 1966 contracted with the agent for a realty company for purchase of a home in a suburban community near the Defense installation. The Sgt. presented $250 as a contract binder on 17 April and offered additional funds to the builders. Subsequently, changes were made in the contract without the Sgt's agreement involving payment for certain miscellaneous services and materials. These additional requirements made it impossible for the Sgt. to comply with the new purchase price. This appeared to be a deliberate attempt by the owners to void the contract. A letter was initiated by the Sgt. to FHA providing details of the transaction and requesting assistance. The Commanding General has contacted the local Chamber of Commerce for assistance."

CASE NO. 15

From an important training center and military department school, the Commanding Officer reports:

"A Staff Sgt. on 12 April 1966 contacted a realty company in the community almost at the gate of the installation to rent a house. He was advised that the house could not be made available because of his race. He subsequently contacted another representative of the firm and was again denied consideration because of his race. The Commanding General of the installation advised the Mayor, the Secretary of the Board of Realtors, and the Biracial Civic Committee of the refusal to rent to the Negro Staff Sgt. and requested corrective action."

CASE NO. 16

An important Defense installation near the Nation's Capitol reports: "A Negro Lt. Col. during January 19, 1966 attempted to secure rental housing in two communities neighboring the installation and was denied because of his As a result of this denial the Negro officer found it necessary to purchase

race.

a home in another community further away from his duty station and incurring increased financial burdens because of the racial discrimination he had encountered. "The Commanding Officer contacted the realtors and management personnel involved in the rental and sale of housing in the communities and communicated with various civic organizations in efforts to secure housing without discrimination for Negro applicants. Notwithstanding these efforts, except in the case of FHAsponsored units, rental housing on a nondiscrimination basis is generally not available in the area near the defense installation."

From the same Defense installation the Commander reports that:

"A Negro Lt. Col. was scheduled to depart for Vietnam and desired to relocate his family from on-post quarters prior to his departure for overseas. He attempted to purchase a home in several communities near the base. His purchase application, however, was denied because of his race. The Colonel contracted in November for the construction of a home in another community and immediately left for Vietnam. The Commanding Officer of the base has authorized the continued occupancy of on-post quarters for the Colonel's family until completion of their home."

CASE NO. 17

A high-level official of one of the Military Departments in reporting on their findings of discrimination in housing in the farwest state said:

"One of the Military Departments made an extensive survey in order to determine family housing needs for the FY-1967. From data obtained in the survey, the department stated that 89 service members stated that their dependents did not accompany them to their present duty station because of racial discrimination in off-base housing. These persons were presently located in 13 states in every section of the country. An officer of one of the Military Departments says that the area in which discrimination is felt most severely is in off-base housing. Continuing, the officer said that although there has been a great deal of progress recently made in this area, the attitudes and practices of some realtors, landlords and home owners associations still reflect discriminatory policies.'

CASE NO. 18

The Commander of one of the Defense installations in the West Coast stated that:

"Whereas families of minority groups are found in virtually all areas of the base city and the surrounding communities, it is a fact that Negroes are concentrated and located in one particular area. Trailer parks, with two exceptions, are not available to Negroes in the community and adequate housing is not available except in a particular area in a city near the base."

CASE NO. 19

From a Defense installation in a farwestern state the Commander reports: "One man stated that, in the Summer of 1963, he arrived from overseas and attempted to contract for several rentals. On one occasion he was denied a rental because of his racial origin. Another man reported that, in May 1965, on two or three occasions he was told frankly that the landlords would not rent to him because he was a Negro.

"In another community, the Commander reported a complaint in which a Negro alleged discrimination in a trailer park because of his race. Another factor contributing to the refusal was the size of the serviceman's trailer which was too large for accommodation in the trailer park. The commander pointed out that some Negroes have to be separated from their families who can only find housing accommodations in a larger metropolitan community, thus causing additional expenses for increased commuting time, commuting expenses and family separation."

CASE NO. 20

The Commander of a Defense installation in the south says:

"Negro personnel do not have equal opportunity as to the location of adequate housing off-base, but in one of the communities near the installation they do have equal opportunity in the quality of the dwellings.

"In another nearby community the Commander reports that all off-base housing for personnel in that area is substandard, inadequate and is separated from the white areas. Recently, however, new units of low cost for off-base housing have been built. 26 are designated for occupancy by whites and the remaining

14 are set aside for non-whites. As to trailer parks the commander says: Trailer parks in the area, with one exception profess to be nonsegregated. About onehalf of them would probably accept colored tenants and the others, except one, grudgingly. One will positively accept only white tenants. The only specific complaint by an individual concerning housing involved a newly married officer of Mexican extraction and swarthy complexion, who was refused dwelling accommodations in white neighborhoods. He was transferred by headquarters as a solution to the problem. It is not believed that he would have been offered suitable housing in this area although the president of the local real estate board was brought in on the case. He was offered government housing which was refused."

CASE NO. 21

From another southern state the Commander of a Defense installation says: "There is limited integration in housing. Segregation is practiced on an individual basis. The community is divided into the white community and the Negro community. Sales and rentals are handled on a racial basis and the majority of houses available to Negroes are below average. Negro visitors in housing occupied by whites are resented by landlords. Tenants may be evicted if they have Negro guests."

CASE NO. 22

From far away outpost of the United States, a Commander relates that: "A large number of his military personnel, approximately 80 in number, reported experiencing difficulties in securing adequate rental housing. The command stated that the evidence was sufficient to conclude that discriminatory practices against Negroes by individual realtors and landlords is prevalent."

CASE NO. 23

The Commander of a Defense installation of a midwestern state says:

"The only apparent condition adversely affecting equal opportunity for military personnel and their dependents is off-base housing which tends to be segregated. Our off-base located Negroes live in areas that are predominantly all Negro. These areas are not created by governmental restrictions in any way, but are rather imposed by local property-home owners and real estate men whose personal prejudices and interests foster segregation. All other services and facilities are completely integrated. However, those facilities in predominantly all-white or all-Negro residential areas tend to be segregated. This segregation, it appears, is due to choice of the clientele and/or the owner, or operator, but not by local or state governmental directives.

"The letter from twelve officers assigned to various base activities addressed to the Secretary of Defense, dated 8 October 1965, also discusses the housing problem in the area near the base."

CASE NO. 24

The Commander of a Defense installation of a northern state says:

"Two complaints were received alleging that de facto discrimination exists, despite the command's requirements that the landlord or owner certify that they will not object to a person on the basis of color, creed or national origin when listed with the base housing office. The landlords involved were de-listed."

CASE NO. 25

The Commander of a Defense installation of an eastern state says that: "Generally, segregation exists, either admitted or de facto, in the entire off-base housing community (20-mile radius). Housing available to Negroes is almost entirely limited to that located in time-honored Negro housing neighborhoods. Most personnel live in title 8 housing, now Public Quarters, adjacent to the base. Other apartments and homes are available. Usually there are few homes available for purchase by Negroes, and these are frequently in substandard areas. About half of all off-base apartment owners will rent to Negroes. There is no local "fair housing law" and there is general, passive resistance to any change in historically established general segregation by color.

"A Negro Sgt. was refused an apartment for rent in 1965 in this area and another Negro Sgt. was refused realty service."

CASE NO. 26

The Commander of an installation in a southern state says:

"Negro personnel are restricted to housing in the colored sections of the city. In most cases this is substandard. However, Negro personnel living off-base do so by their own choice in that Capehart housing is available with an average four to six weeks waiting period. In addition, there are no integrated trailer parks in this area."

CASE NO. 27

From another southern state, the Commander of a Defense installation says: "In one area, 83% of the Negroes who have dependents presently live in public quarters. Only 55 live off-base. Housing is in segregated areas.

"Trailer parks and the 'for sale' and 'for rent' housing in one of the counties in this area remain largely segregated. The housing problem for Negro personnel at one of the camps in this area is mitigated to a degree by the availability of government housing. Approximately 10% of the government-owned trailers, now disposed of, were rented to Negro families in 1965. 88% of the Negroes who have dependents presently live in public quarters. There is a deficient militarycivilian community housing market. An annual survey completed on 31 May 1963 confirmed a gross deficit of 4,224 adequate family housing units in the military and civilian communities."

CASE NO. 28

From another southern state the Commander says:

"New apartments are being constructed. It is reported that these are segregated, being located in either all-white or all-Negro neighborhoods.

"Local housing pattern has predominantly Negro and white areas. Most housing available is on a segregated basis. The elimination of government trailers caused a problem since there was no other suitable available housing aboard the base. There are no trailer parks which lease to Negroes."

CASE NO. 29

A First Lt. of the Marine Corps tells in a letter to his Commanding Officer some of the details of discrimination encountered in the effort to get off-base housing:

"Since my arrival in this area on 6 January 1966, or there about, I have been trying to rent a house for myself and my wife, without success. As I stated to you when I made my request for a waiver of children requirement to Capehart I had tried almost a dozen places. Over the phone, they all had places 'to show and rent.' However, upon seeing me in person, *** 'have just rented or *** nothing left.' As example:

"(a) A First Lt. who rented his place from a realty company, called the realtor and told him he had a friend, me, looking for a place to rent. The realtor's wife took the call as her husband was in the hospital for a few days. She stated they had two (2) places coming up for rent within the week, and I could have my pick; one at $105.00 per month and the other at $110.00 per month. She told the First Lt. to bring me by and she would talk to me about the apartments. When I met her in person *** 'Don't know when they will be vacant.'

"(b) The manager and his wife, reside in one of the apartments. I went there with a First Lt. and ENS who wanted an apartment. There were two available, they took one. A week later, I called the manager and his wife answered the phone. I identified myself, she stated she remembered me. I asked what they had available in two bedroom apartments. She stated there were two (2) unfurnished and I could have my choice; (this was on Monday, 31 January 1966). I told her I would be down Wednesday to give a $50.00 deposit on one of the apartments. She said fine, she would hold one for me. The next day, I heard from the First Lt. telling me not to send a deposit as the manager stated * * *. 'We have nothing available.' I called the manager the following morning and asked him the reason for the sudden change. He simply stated ***. "Fella, we don't have anything nor do I know when anything will be available.' 'Fella' Nice address.

(c) I was riding with a First Lt. and we made a wrong turn. I saw a sign "House for Rent." I called the mentioned number, and spoke to the realtor. He stated the house was for rent. I made an appointment to see the house that afternoon. The First Lt. drove me to the house. We got out of the car and approached the realtor. There was a smile on his face as he looked at the First

Lt. When I spoke and introduced myself, the smile left. He showed us the house and told me he would "call me tomorrow." The call never came. I called his office for the next four (4) days. His secretary answered each time, and when I introduced myself *** "He is not in, I'll have him call you.' The call never

came.

(d) I made an appointment with a man of a realty company as a last effort to get housing (buy). Upon meeting me in person, he asked *** “Are you a Syrian?" If you are, O.K., if not, we cannot rent to non-white skin people! He stated also *** "The real estate men are not allowed to rent or sell to nonwhite skin people in this block of homes." FHA Financing even!

(e) And so it went with several other realty companies and a private house for sale, "Nothing available.'

CASE NO. 30

Twelve commissioned officers of one of the Military Departments forwarded a memorandum to the Secretary of Defense via the chain of command and the Civilian Secretary of their Department in reference to racial discrimination, and recommendations concerning the subject. Their comments on discrimination in housing are relevant. They said:

We would all readily agree that this (housing) has been our greatest problem area. All of us are married, most have children, and we were all subjected to overt racial discrimination as we sought to find decent public housing for our families. In some cases, civilian advertisers who indicated to housing authorities that they would rent or sell without regards to race refused to accommodate us. We often saw white non-rated men move into facilities which were "unavailable" to us. In many cases we were separated from our families for long periods as we watched persons reporting to the area after us acquire accommodations and rejoin their families. Often persons have recommended "nice colored" locations usually served by "nice colored" schools which offer our children substandard education. Fortunately and unfortunately most of us have been given priority on the base housing list due to our "handicap." Whereas we realize that this was necessary, in fact we usually requested it; we take no pride in being given "special consideration." We simply want to be able to find decent housing just as easily (or with as much difficulty) as anyone else. When a door is slammed in our faces because we are Black, we feel that the full stature and determination of (the Military Departments) should back us up. *** It appears that something more than a half promise from a local official is needed. Often it is said that our situation is understandable and everyone sympathizes with us but very little can be done. ***

(That

We suggest that the full economic and diplomatic weight of the government be brought to bear in areas where this problem is proven to be prevalent. would include most of the country.) This has been suggested and in fact ordered in the past but the situation remains basically unchanged. We feel that if certain accommodations are not open to all military personnel, no military personnel should be allowed to acquire those accommodations. With regards to housing we are desperately in need of assistance and support.

THE LIBRARY OF CONGRESS LEGISLATIVE REFERENCE SERVICE THE POWER OF CONGRESS TO PROHIBIT RACIAL DISCRIMINATION IN THE RENTAL, SALE, USE, AND OCCUPANCY OF PRIVATE HOUSING

(By Vincent A. Doyle, legislative attorney, American Law Division, June 2, 1966, Washington, D.C.)

TABLE OF CONTENTS

Page

Frontispiece.

1

The Power of Congress Under the Fourteenth Amendment__.
Conclusions on the Fourteenth Amendment as a Basis for a Federal Fair
Housing Law

3

30

The Power of Congress Under the Commerce Clause..

37

Conclusions on the Commerce Clause as a Basis for a Federal Fair Housing

Law

50

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