Did You Know? Fair Housing Protections Rolled Back On Day One Of Trump Presidency 2.0
As featured in Inman News.
May I be transparent?
As a fair housing educator, I had hoped that our biggest 2025 issue would be people simply not being familiar with the process of reporting illegal unfair housing. That’s a simple solution (not easy, but simple). We simply have to consistently raise awareness of what unfair housing looks, feels and sounds like and then how to report it (a.k.a. fair housing education).
For instance, no matter how you feel about McDonald's, for literally my whole life, they have had commercials and other advertisements along with enticing, new promotions from time to time so that they stay top of mind (depending on who you are of course – e.g. kids that want the latest Happy Meal toy, people that relish the seasonal Egg Nog Shake, McRib, etc.). It’s Marketing 101, and that’s what fair housing requires, too – that we help it stay top of mind. Keep fair housing top-of-mind through continual, engaging, updated education, CHECK!
Not in my worst nightmares did I ever anticipate us being in a position where unfair housing, even a modicum, would return to being legal.
But here we are.
What do I mean?
The Rollback of Federal Fair Housing Protections
“The ache for home lives in all of us, the safe place where we can go as we are and not be questioned. Fair housing is a civil right; it’s about more than property—it’s about dignity and justice.”
–Dr. Maya Angelou, poet
In 2021, past President Biden signed Executive Order 13988 on January 20, 2021 (Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation). There were numerous effects from this EO, but in regards to real estate, this was a historic directive that temporarily engrafted two new federal fair housing protections:
sexual orientation, and
gender identity/expression
Within weeks of that EO, HUD (one of the fair housing enforcers) did not waste any time and began investigating. The federal government had caught up with what we, as Realtors, leading the way comparatively, had codified in our ethical code the decade prior.
But executive orders are notoriously not permanent.
Regardless, to my shock, it felt like a gut punch to read on Inauguration Day 2025 that President Trump had rescinded this monumental executive order. This rollback meant that both community members and real estate professionals alike no longer have a federal path to recourse should they not be welcomed into a home for no other reason than their gender and who they love.
Thankfully, there are approximately 25 state/territory laws (including DC) that have explicit laws on the book, but wait about the remaining states and territories?
That is how many surveyed by Zillow in 2024 shared they have experienced unfair housing based on sexual orientation and/or gender identity.
“But many of us as pros don’t trust Zestimates so how can we trust this data from Zillow?”
Aside from the Zillow study, did you know that fair housing complaints have been on the rise?
See the charts from the National Fair Housing Alliance for just the last 10 years as an example of the overall rising trend (although the data supports a slight reprieve understandably during the first year of the pandemic, which began at the end of 2019 and careened into 2020).
Caption: As you can see from these National Fair Housing Alliance visualizations, each fair housing/lending complaint agency has been well used by us, the American people.
Frankly, one fair housing violation is too many, and it is important for us to not succumb to the McNamara Fallacy.
Imagine how these forms of unfair housing may continue but now with no form of legal recourse federally or in certain states/territories.
Sidebar: As a friendly reminder, in 2024, there was both a federal EO and approximately 25 state/territory laws (including DC) in place. Yet, as I always say, laws are not “Disney Magic”. There’s no “Bibbidi-Bobbidi-Boo” from a fairy godmother that stops laws from being broken. If that were the case, we would not have True Crime podcasts that uncover to this day kidnapping, murder and other crimes that have been illegal. Thus, although unfair housing may crop up from time to time, the more our communities understand that legal remedies exist, the more we can hold those who violate fair housing laws accountable (hence why continuous fair housing education is vital).
Additional Actions That “Delete” Fair Housing
To complicate matters even further, we may lose some of the reporting and investigative options that we have needed. There have been calls to delete some of these organizations. There have been edicts to pause investigations within others. Plus, a federal funding freeze is currently in limbo.
For example:
1. Department of Housing and Urban Development (HUD) – The threat of a looming funding freeze will disrupt at least 100 HUD-based programs such as:
Office of Fair Housing and Equal Opportunity (FHEO): The main enforcer of the Fair Housing Act, which handles unfair housing complaints and partners with state/local agencies.
Fair Housing Initiatives Program (FHIP): Funds private nonprofits to investigate unfair housing through testing and litigation.
Fair Housing Assistance Program (FHAP): Partners with state/local agencies to enforce fair housing laws.
Caption: A social media example of a nonprofit organization, Intermountain Fair Housing Council, whose mission is to ensure fair housing, was impacted by the initial funding freeze on January 27, 2025. The White House press secretary has stated that the freeze has not been rescinded although it has been blocked by a federal judge until February 3, 2025.
2. Department of Justice (DOJ) – Cases under current investigation have been paused, which impact these areas:
Housing and Civil Enforcement Section (which includes lawsuits for unfair housing under the Fair Housing Act and Equal Credit Opportunity Act).
Fair Housing Testing Program (which uses undercover testers to uncover unfair housing in housing and lending).
3. Consumer Financial Protection Bureau (CFPB) – Elon Musk has called for the CFPB to be deleted, although the CFPB has helped recover $21 Billion for us as American consumers since its 2010 inception through:
Enforcement of fair lending laws (ECOA, HMDA) and investigating discriminatory practices in mortgages, credit cards, and small business loans.
Leading interagency efforts to combat appraisal bias through the Appraisal Subcommittee, which operates the Appraisal Complaint National Hotline (1-877-739-0096), making it easier than ever for homeowners to report discriminatory property valuations.
Boots on the Ground: Why Have These Federal Options Been Necessary for States/Territories with Laws?
Sadly, in working with different local community members who want to report unfair housing/lending, the local and state governments typically refer us to federal agencies due to their limited local and state resources as well as their limited legal provisions (at times things that are covered federally are not covered locally).
For example, here in the state of Georgia, there are a handful of fair housing investigators (with a limited budget) responsible for the entire state, which has a population of over 11 Million residents; yikes!
In short, an abrupt dismantling and/or defunding of fair housing-focused EOs, agencies and initiatives – allowing no time for change management – hurts our communities.
I know that many of us – from real estate agents/brokers to mortgage lenders to insurance agents to other professions tangential to real estate – believe that having fair access and opportunity to leasing or owning a home is paramount to the American dream. As a sign of goodwill for our communities, our associations (mortgage, Realtors, insurance, etc.) should be at the forefront of demanding that our elected senators and representatives keep fair and affordable housing an A1 priority on this year’s legislative agendas.
If you want to act now individually, here’s a link to help you connect with your local representatives this weekend to advocate for fair housing to stay a top federal funding priority.
Caption: Example of the automated advocacy letter available from the National Fair Housing Alliance at this link this weekend.
“The stakes are too high for government to be a spectator sport. Fair housing is a battle we must fight together, ensuring that everyone has a place to call home, without discrimination or exclusion.”
–Barbara Jordan, U.S. House of Representatives former member
Dr. Lee Davenport is a real estate coach/educator and author (including Be a Fair Housing D.E.C.O.D.E.R. and How to Profit with Your Personality). Dr. Lee trains real estate agents around the globe on how to work smarter with their unique personalities and how to “advocate, not alienate,” so everyone has access and opportunity in real estate.
Have you ever needed the “Cliff Notes” version of fair housing? Well, move over Spark Notes!
The Starting Point: How to Be a Fair Housing DECODER Guide https://books.bookfunnel.com/learnwithdrlee
It is available to download for a limited time at no fee. Score!
This condensed workbook (based on the nationally acclaimed workshop) offers Dr. Lee's novel concept of being a Fair Housing DECODER© who skillfully and proactively advocates --not alienates-- for equitable access and opportunity in real estate for EVERYONE.
“Interesting approach on the topic of fair housing that I have not seen offered to Realtors.” --Maria, Broker/Owner, REALTOR®
“I have the Realtor GRI designation and they should make this part of that designation. This is THAT good. THANKS, Dr. Lee!” --Michael, Broker/Owner, REALTOR®
Hurry, download (and share with others) today while complimentary supplies last!
