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“(a) a specific requirement of nondiscrimination and nonsegregation in all public and publicly-assisted housing programs and urban renewal programs provided to localities, builders, sponsors, and others through the facilities of the Veterans Administration and all the Housing and Home Finance Agencies, such as PHA, FHA, and URA.

"(b) a specific requirement that all Federal loan agencies related to housing programs issue regulations requiring nondiscrimination and nonsegregation in the use of their facilities, funds, and other benefits.

"2. That all Federal agencies responsible for the administration of any phase of the Housing Act of 1949, as amended, be given a clear mandate that they are to immediately effectuate the plans, programs, and requirements of the Federal commission herein recommended.

"3. That all Federal housing agencies and other Federal agencies performing housing functions immediately and consistently give the fullest support to State and municipal agencies which are charged with the responsibilities of enforcing laws against discrimination in housing.

"4. That the Federal Government immediately issue and publicize a statement of policy embodying the objective set forth by Congress in the Federal Housing Act of 1949, and consistent with the Federal Constitution with respect to the equal rights of all American citizens without regard to their race, creed, color, or national origin.

"The testimony reveals further a serious lack of Federal provisions for housing accommodations for the large segment of the American population which fall within the income range between the level required for low-rent public housing and that required for the so-called middle-income housing program. This lack points to an urgent need for a supplemental program to provide upper low-income and low middle-income housing. This committee strongly recommends that this need be provided by congressional action which would expand existing Federal housing programs to provide housing accommodations for the large group of people within the income range. The committee is obliged to emphasize the fact, however, that no expansion of the existing housing program, nor the existing housing program itself, will meet the spirit and objectives of the National Housing Policy or carry out the obligations of the Federal Government as expressed by Congress if the Federal housing agencies continue to operate on the side of discrimination and segregation.

"It is the opinion of this committee that the Civil Rights Commission might well be the proper agency to be given the powers as outlined in our recommendations, provided that it is given the additional funds and staff to exercise these powers."

OHIO

"We request the Civil Rights Commission to consider the following suggestions and proposals:

"1. The issuance of an Executive order establishing a policy of nondiscrimination and nonsegregation in all Federal housing programs;

"2. Legislation by Congress to guarantee unrestricted access for all citizens, regardless of race, religion, or national origin, to all housing, assisted by the Federal Government;

"3. Expand the function of Urban Renewal Administration to make sure that contract terms relate to adequate provision for displaced families without segregation.

"4. The present Executive order requiring that before an FHA or G.I. loan is approved it must appear that there are no recorded restrictions denying oc

cupancy or ownership to any citizen because of race, religion, or national origin, does not go far enough. After such financing has been arranged, it is not uncommon for those who have profited by the Federal assistance to themselves conspire, without entering such agreement formally of record and thereby to deny, limit, or restrict occupancy or ownership of the particular property and its environs based on race, creed, or national origin. Such voluntary agreements should be prohibited as to property which has been financed with Federal funds. "5. Legislation which would encourage lending institutions, having a tie-in with the Federal Government (either through charters or insurance) to lend to all races, if certain objective criteria are met. Local ordinances should be enacted which would prevent discrimination in housing before any loans are granted for urban renewal. It is suggested that the 221 law be amended to eliminate the requirement for approval of the local government body, if such housing is to be built in the area surrounding the central city. Income limitations should be raised in public housing tenements. The Federal Government should take proper legislative action to insure open occupancy in housing programs.

"6. Strong moral suasion should be used by the Administration emphasizing the fact it is to the good, not only of the minority groups but of the whole Nation, to provide adequate housing for all people, regardless of race, creed, or national origin. We believe that aid can and should be given, as Congress has suggested, through public guarantees of housing built by private groups. In many cases these groups might be corporations not for profit.

"7. Congress should provide that the equality of opportunity of citizens to acquire or use real estate is one of the basic civil rights inherent in citizens of the United States, and that conspiracy to deny such can be punished or redressed in appropriate actions in the Federal district courts."

PENNSYLVANIA

"The committee feels especially strong about the role the Federal Government can play in its loan-guarantee and insurance plan for available housing for both veterans and nonveterans. The Federal Housing Administration should exercise every power it has and such additional ones as can be obtained through legislation to achieve nondiscrimination in its program."

RHODE ISLAND

"The advisory committee does suggest a Federal examination of the policies of agencies disbursing Government funds to builders and investors who adhere to discriminatory practices in the erection of houses and the selling of those homes. This examination is to include measures which would deny Federal funds to those who practice discrimination in spite of local laws or 'customs.' "The Rhode Island Advisory Committee would further suggest the possibilities of a Federal program concerning the educational approaches that should and must accompany legislation."

WASHINGTON

"If the agencies of the Federal Government would use the not inconsiderable powers granted to them to enforce nondiscrimination provisions in contracts, some relief might be offered to those minority group home buyers who are otherwise qualified.

"It is the observation of this committee that although there are numerous wise provisions for nondiscrimination in the regulations of any Federal depart

ments, these are overlooked or not enforced, and require the constant scrutiny and prodding of outside, objective agencies * *

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STATE ADVISORY COMMITTEE CONFERENCE

At the National Conference of State Advisory Committees, former Gov. Charles A. Sprague of Oregon presented a synopsis of the findings and conclusions of the six housing roundtables. The following is an excerpt from that presentation:

"With respect to possible Federal legislation in this field, one section turned in a forthright synopsis of its position as follows:

"‘All agreed that the Federal Government has an obligation to enact, enforce, and implement by Executive order, nondiscriminatory administration of all housing and construction activities in the Nation wherein Federal funds are used or Federal guarantees for loans are extended.

"General agreement that either a permanent Federal agency or a staff service in the Federal executive branch be instituted to police practices in administering Federal financial aid relating to nondiscrimination in housing activities.

"General agreement was expressed that the Federal Government should be concerned about Federal practices and leave to the States that which is not touched by Federal aid in housing.

""General agreement that the possibility of enforcing nondiscriminatory public housing may result in some southern States abandoning the field of public housing should not deter in any way the implementing of nondiscrimination in all U.S. public housing.'

"At the conference of moderators of the several sections, the consensus of opinion was in accord with this statement, although it was noted that members of some sections felt that adoption of such a Federal policy would greatly retard housing developments under Federal aid."

CHAPTER V. BUSINESS AND PRIVATE PROGRAMS AND POLICIES

Though governmental participation is substantial and manysided, private enterprise remains the major factor in the complex partnership that plans and produces housing for almost 180 million Americans. And while laws play an important role in shaping housing patterns and policies, most decisions in this field are made through countless voluntary actions of individual citizens and private organizations.1 Therefore, to appraise the role of Federal laws and policies it is necessary to understand the programs and policies of the housing industry and of some of the private groups working for equal opportunity in housing.

As before in this report, there are two main approaches toward equal opportunity that must be separately considered: (1) Improvement in the housing of minorities without necessarily changing present racial patterns, and (2) open occupancy housing.

1. MINORITY HOUSING

Atlanta is a good example of what can be done through private initiative to develop good housing in decent neighborhoods for Negroes (see above, pp. 419ff.). While city officials cooperated in providing public facilities for the Negro corridor into the outlying suburban land and in securing consent from adjacent white neighborhoods, the primary role was played by Negro real estate men, builders and lending institutions who purchased the land and constructed high quality homes. As one of the Negro business leaders responsible for this West Side Atlanta development testified, "If you have something, you can get something." There was general agreement that a key factor in the Atlanta situation was the existence of a number of successful Negro financial institutions with total assets of nearly $70 million. This story of Negro self-help through establishment of Negro businesses and investment in land and housing goes back at least 40 years.3

Negroes can borrow money for housing and other purposes easier in Atlanta than in most areas in the United States, the Commission was told by Mr. Jesse Blayton, president of the Mutual Federal Savings

1 In 1947 the Truman Committee stated flatly that "Discrimination in housing results primarily from business practices." (To Secure These Rights, Report of the President's Committee on Civil Rights, 1947, p. 67.)

1a Regional Hearings, p. 456.

* Id. at 503. The Atlanta Life Insurance Company ($49 million), Mutual Federal Savings and Loan Association ($10 million), Citizens Trust Company ($9 million). In Chicago, too, the Commission was informed that Negro savings and loan associations and life insurance companies played a major role in financing the expansion of Negro housing. Id. at 739, 749.

* Id. at 545.

& Loan Association. While Negro institutions cannot make all the loans needed by Negroes "they do point out that Negro trade is good," he said. "Without our own financial institutions in all probability this would not have been accomplished," said the housing director of the Atlanta Urban League, Mr. Robert Thompson. Loans from these institutions "broke the ice," he said. "Subsequent to that, then the white lending institutions came in and made loans." 5

A white business leader, Col. W. O. Du Vall, president of the Atlanta Savings & Loan Association, agreed that investment in Negro housing had become good business. "It is with pride that I tell you that we have loaned millions of dollars to colored people for the purchase and construction of homes," he told the Commission, adding that the record of these loans was "satisfactory" and that his institution would continue to seek this business."

Encouraged by the Negro's efforts to secure better housing, a white developer, Mr. Morris Abram, built "Highpoint," a middle income rental project for 452 Negro families. The developer told the Commission about the initial skepticism in the white community about this project:

It was widely felt that it would be a mistake to build 452 units of middle income housing to place upon the market at one time. Everyone admitted that on the income side the potential demand was present in the Negro community, but most people felt that the desire phase of demand was simply not sufficient in the Negro community to justify a middle income project of this magnitude.' But he and his codeveloper "had faith in the figures and in the predictions of the Atlanta Urban League, and we proceeded on that faith which has been justified." "

From the story of Highpoint and from the Commission's other studies of the problems of building minority housing these facts emerge. There is a considerable untapped market for better Negro housing, and yet there are special difficulties about this market that must be recognized. Mr. Abram testified that "the Negro did not queue up to apply for Highpoint Apartments, though they were among the first available middle income or middle class apartments in the community." Mr. Abram suggested the reasons for this slowness to respond to a new opportunity: Since Negro housing had been for the most part limited to less desirable neighborhoods, living in such a neighborhood has carried no social disability and imposed no social stigma in the Negro community. Not until recently has there been social pressure to force the middle income Negro family into a middle class setting.10

• Id. at 501.

Id. at 527. See also testimony of Mr. T. M. Alexander, Sr., id at 456.

Id. at 519, 520. See also the statement in accord of a leading white Atlanta real estate man, Mr. John O. Chiles. (Id. at 496-97).

• Id. at 569.

• Ibid.

10 Ibid.

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