Toward an Economic Fair Housing Act

Authors

Nat Jordan, University of Michigan Law SchoolFollow

Abstract

This Note evaluates the prospect of an “Economic Fair Housing Act” through the framework of antidiscrimination law. The proposed bill—a brainchild of housing expert Richard Kahlenberg—would amend the Fair Housing Act to make economic status a protected class alongside race, national origin, religion, sex, and disability. Currently, fair housing lawsuits against local governments rarely succeed. Plaintiffs must present resounding statistical evidence of blatant racial disparities directly caused by exclusionary policies. Simultaneously, many local governments deter homebuilding through restrictive zoning ordinances that prevent lower-income people from moving in.

An Economic Fair Housing Act (EFHA) could help address these twin shortcomings of antidiscrimination law and local control of zoning. The proposed Act could replace or complement the growing number of housing enforcement regimes in high-cost blue states and eventually reduce residential segregation. This Note makes the legal case for an EFHA and raises important drafting considerations for interested legislators.

Recommended Citation

Nat Jordan, Toward an Economic Fair Housing Act, 123 Mich. L. Rev. 757 (2025).
Available at: https://repository.law.umich.edu/mlr/vol123/iss4/5