Note: Many units have more than 1 major flaw. HUD defines defects as follows-Plumbing: unit lacks or shares complete plumbing (hot and cold water, flush toilet, and bathtub or shower inside the structure); kitchen; unit lacks or shares a complete kitchen (installed sink with piped water, a range or cookstove, and mechanical refrigerator); sewage: absence of a public sewer, septic tank, cesspool or chemical toilet; heating: there are no means of heating or unit is heated by unvented room heaters burning gas, oil, or kerosene, or unit is heated by fireplace. stove, or portable room heater; maintenance: any 2 of leaking roof, open cracks or holes in interior walls or ceiling, holes in floor, large areas (over 1 sq. ft.) of broken plaster or peeling paint; public hall: any 2 of no light fixtures, loose, broken or missing steps, loose or missing stair rails; toilet access: access to sole toilet is through 1 of 2 or more bedrooms used for sleeping (children under 18 in household); electrical: unit has exposed wiring and fuses blew or circuit breakers tripped 3 or more times in last 90 days and unit lacks working wall outlet in 1 or more rooms.

Source: HUD, How Well Are We Housed? No. 1, Hispanics; No. 2, female-headed households; No. 3, blacks.

TABLE 3.-CHARACTERISTICS OF HOUSEHOLDS LIVING IN INADEQUATE HOUSING, 1977

Source: Urban institute, cited in hearings of task force on assisted housing, Subcommittee on Housing and Community Development, House Committee on Banking, Finance and Urban Affairs, 1978, pt. 2, p. 1533.

NATIONAL LOW INCOME HOUSING COALITION

OFFICERS AND BOARD OF DIRECTORS

Hon. Edward W. Brooke, Chairperson; Anthony R. Henry, Ronald T. Krietemeyer, Vice Chairpersons; Cushing N. Dolbeare, President; William Powers, Treasurer; Jose S. Garza, Secretary.

Mathew H. Ahmann, Associate Director, National Conference of Catholic Charities.

Richard C. Allen, Chair, Subsidized Housing Task Force, LALSHAC.

Rev. Douglas Brian, The Program Agency, United Presbyterian Church. Edward W. Brooke,* former United States Senator.

Jeremiah S. Buckley, Leighton, Conklin & Lemov.

Marvin Caplan, Industrial Union Department, AFL-CIO.

Gale Cincotta, Chairperson, National People's Action.

Michael Cortes, Vice President for Research, Advocacy and Legislation, National Council of La Raza.

Cushing N. Dolbeare.* Consultant on Housing Policies and Programs.

Ernest Eden, Executive Director, National Association of Housing Cooperatives.

Rev. Albert E. Erickson, Director, Lutheran Housing Coalition.

Jose S. Garza,* President, National Hispanic Housing Coalition.

Al Gonzalez, National Association of Social Workers.

James H. Harvey, Executive Director, Metropolitan Washington Planning and Housing Association.

Anthony R. Henry,* American Friends Service Committee.

M. Carl Holman, President, National Urban Coalition.

Edward Holmgren, Executive Director, National Committee Against Discrimination in Housing.

Thomas Howarth, New England Regional Commission.

William Hughes, American Association of Homes for the Aging; Chairperson, Ad Hoc Coalition on Housing for the Elderly.

Mildred Jeffrey, Chair, National Women's Political Caucus.

Stanley F. Knock,* Jr., Interreligious Coalition for Housing.

Ronald T. Krietemeyer,* Coordinator for Urban Issues, U.S. Catholic Conference.

Constance Lieder. State Planning Director, Maryland.

Robert McAlpine.* National Urban League.

Robert E. McKay, Executive Director, Citizens Housing and Planning Association (Massachusetts).

David Madway, National Housing Law Project.

David O. Meeker.* Jr., Executive Director, American Institute of Architects. William R. Morris, Executive Director, National Association of Real Estate Brokers.

Andrew H. Mott,* Vice President. Center for Community Change.

Kathleen F. O'Reilly, Executive Director, Consumer Federation of America. William Powers.* Vice Chairperson. National Rural Housing Coalition. David Raphael, Executive Director, Rural America.

Florence Roisman,* National Housing Law Project.

Henry B. Schechter,* Director of Urban Affairs, AFL-CIO.

Ron Schiffman, organizational representative for the Pratt Center.

James H. Schuyler,* Legislative Counsel, National Association of Home Builders.

Leon Shull, National Director, Americans for Democratic Action.

Glenda Sloane, Chairperson, Housing Task Force, Leadership Conference on Civil Rights.

Walter L. Smart, Executive Director, United Neighborhood Centers.

Jerry Tucker,* Legislative Representative, UAW.

Nan Waterman, Chairperson, Common Cause.

Harold O. Wilson,* Executive Director, Housing Assistance Council.

Rose Wylie, National Tenants Organization.

Senator BAYH. Thank you very much. Ms. Dolbeare.

I want to compliment you for your continued interest in this area. You are not a stranger to it.

*Member of Executive Committee.
[Affiliations for identification only].

The coalition, I think, will play can play-hopefully-it must play, I think-a significant role in this effort.

It goes without saying that our distinguished colleague, our former colleague, from Massachusetts, has been a long-time crusader in this area. It is not uncharacteristic of him that just because he doesn't have an official role, he won't recognize the important role he has to play in this as a citizen.

I look forward to working with you and him and the other members. The statistics-of course, we will have them in our record. It will be helpful to us to have them.

Would it be possible for you to gather any similar statistical information with reference to the effects of redlining with respect to minorities and our poorer citizens?

Ms. DOLBEARE. There is not the same kind of comprehensive national statistical base available. The statistics that I used came largely from the annual housing survey, which is prepared by HUD and the Bureau of the Census.

There are a number of groups which have made studies of redlining. And I would be glad to cite them for you. Or I will provide the information for the record, if that would be helpful.

Certainly, there is considerable information from many different cities as to the impact of redlining. And, they show particularly, that redlining is far more likely to take place in areas of minority occupancy than in areas of white occupancy.

Senator BAYH. I would like to have any notations you might have on that.

I would also like to have, if I might-if you can, I would like for you to run through the statistics on the national low-income housing situation and give us your expert opinion on pluses and minuses, the strengths, and the weaknesses of that program as it effects fair housing. If you would do that, we would appreciate it.

Ms. DOLBEARE. All right.

Senator BAYH. Thank you.

I don't think there is any need to direct questions at you. The statistics you have given us will be very helpful.

We look forward to working with you as we move this legislation forward.

Ms. DOLBEARE. Thank you.

We look forward to the same thing.

Senator BAYH. Thank you very much.

Our very best to our former colleague, Ed Brooke.

We will recess our hearings pending the call of the chair as we pursue as vigorously as we know how-considering the other business before the Judiciary Committee and the Senate-getting these hearings concluded, so that we can move forward on this legislation. It is extremely important legislation.

Again, we will say that we appreciate the demands on their time and the inconveniences that the witnesses have been subjected to-who, nevertheless, have demonstrated their perseverance in helping us to pass this legislation to make fair housing a reality.

Thank you very much.

[Whereupon, at 12:10 p.m., the subcommittee recessed, to reconvene at the call of the Chair.]

FAIR HOUSING AMENDMENTS ACT OF 1979

WEDNESDAY, MAY 2, 1979

U.S. SENATE,

SUBCOMMITTEE ON THE CONSTITUTION OF THE

COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to recess, at 9:30 a.m., in room 457, Russell Senate Office Building, the Honorable Charles McC. Mathias, Jr., presiding.

Present: Senators Mathias and Thurmond.

Also present: Nels Ackerson, chief counsel and executive director; Mary K. Jolly, staff director; Linda Rogers-Kingsbury, chief clerk; Ben Dixon, professional staff member; Marion Morris, counsel to Senator Mathias; Paul Grech, staff aide; Steve Markman, minority counsel; and James E. Lockemy, counsel to Senator Thurmond.

Senator MATHIAS. The subcommittee will now come to order. More than a century ago, two Anglican clergymen-Augustus and Julius Hare-captured in a graceful phrase how much our homes mean to all of us. "To Adam, paradise was home," they wrote, but "to the good among his descendants, home is paradise."

Unfortunately, the fact is that today that paradise is denied many Americans because of discrimination.

As we continue our hearings on S. 506 amendments to the Fair Housing Act of 1968, I hope that we can shed some light on the causes and cures of this situation.

Perhaps we can even move closer to the proposal of President Kennedy "to present to the world a concept of freedom which has not been diluted by the evils of prejudice and discrimination."

I think the committee should note this morning we have another cosponsor, my friend and colleague, Senator Stafford of Vermont. So, I have some good news with which to start the day.

The legislation which this subcommittee is considering touches a broad range of people-from tenants and landlords, to homebuyers and sellers, realtors, homebuilders, primary and secondary financial institutions, mortgage and hazard insurers. Through these hearings, we will attempt to hear from as many of those affected groups as we

can.

We want to know the full dimensions of the problems which this legislation seeks to correct. It is always a wise idea to understand the problem before you attempt to devise a solution to the problem of discrimination in the sale or rental of property and the kinds of persons and groups of persons who suffer from this discrimination. I think we want to assure ourselves that we have a clear grasp of the

perspective and problems which the property owners, the brokers, the lenders, the insurers all face in pursuing a fair housing policy.

Today we will hear from the U.S. Civil Rights Commission. Dr. Arthur Flemming will speak for the Commission. I hope he will address himself at least in part to the Commission's recently released study, "The Federal Fair Housing Enforcement Effort."

We will also hear testimony from the American Civil Liberties Union, the Urban League, and the League of Women Voters.

We will first hear from Dr. Flemming, Chairman of the Civil Rights Commission. If I might venture one thought before you begin, Dr. Flemming, it seems that the most significant finding from this comprehensive study which the Commission undertook of fair housing efforts by the Federal Government is that there is no affirmative. strategy for promoting fair housing and equal opportunity; but, rather, Federal departments find themselves dealing with complaints ex post facto or retrospectively, and there really isn't very much comfort in that for people who are still out in the cold.

So, this is clearly an area where we need to turn things around and make certain that the Department of Housing and Urban Development, the Justice Department, the Farmers Home Administration, and the Veterans' Administration are in the forefront promoting equal housing rights under the law rather than bringing up the rear.

Dr. Flemming, it is an honor and pleasure always to have you before the committee.

You may proceed with your statement.

TESTIMONY OF DR. ARTHUR S. FLEMMING, CHAIRMAN, U.S. COMMISSION ON CIVIL RIGHTS, ACCOMPANIED BY LOUIS NUNEZ AND CYNTHIA GRAAE

Dr. FLEMMING. Senator Mathias, thank you very much. It is a real privilege to have the opportunity to appear before you in connection with S. 506.

I am accompanied today by Mr. Louis Nunez, whom the Senate recently confirmed as the Director of the U.S. Commission on Civil Rights and Mrs. Cynthia Graae who had the responsibilities for the report to which you have referred.

As you have indicated, Mr. Chairman, in April, the Commission did release a report assessing the activities of Federal executive agencies to insure fair housing. This report which was entitled, "The Federal Fair Housing Enforcement Efforts" reviews the efforts of the Department of Housing and Urban Development, and Justice, as well as the activities of other agencies with programs or regulatory responsibilities that potentially affect equal housing opportunities.

I would like to say personally, Mr. Chairman, in the 5 years that I have served as Chairman of the U.S. Commission on Civil Rights, I have become very much impressed with the importance of this Government establishing a far better record than has been established up to the present time in the area of fair housing. There is a great deal that remains to be done in many other civil rights areas, but it seems to me that what has been lacking in this particular area is a vigorous, affirmative-action type of program. I concur with you wholeheartedly on that point.