In Jones v. Alfred H. Mayer Co. (1968), the Supreme Court held that 42 U.S.C. §1982 prohibits racial discrimination by private parties as well as government actors in property sales and rentals. The Court also upheld Congress’s authority to enact that protection under the Thirteenth Amendment.
This ruling shaped future fair housing laws, so it’s essential for real estate professionals to know. You’ll need to learn about Jones v. Mayer from trusted experts if you’re studying for the licensure exam. Luckily, we’re here to help you learn about this critical real estate term before the big test.
In this post, we’ll define the Jones v. Mayer Case, give examples of how it works, and highlight the acts that came before and after.
What Is the Jones v. Mayer Case of 1968?
Jones v. Alfred H. Mayer Co. is an impactful case where the Supreme Court upheld the Civil Rights Act of 1866 that banned discrimination against black citizens in the private sale and rental of property.
The case began after Joseph Lee Jones and his wife alleged that the Alfred H. Mayer Co. refused to sell them a home in a Missouri development because Mr. Jones was Black.
Jones filed a lawsuit against Mayer with the United States District Court. He alleged that Mayer violated the Civil Rights Act by racially discriminating against him.
The federal district court dismissed the complaint, and the court of appeals affirmed. They interpreted section 1982 as applying only to government action. The Supreme Court agreed to review that interpretation.
However, the Supreme Court granted certiorari, or cert for short. This meant they would review the case themselves and make a final ruling.
The Supreme Court had to answer two important questions before making a verdict on Jones v. Mayer. The questions were:
- Does the Civil Rights Act protect black citizens against private discrimination?
- Does Congress have the constitutional power to ban private discrimination and enforce the Civil Rights Act?
What Was the Result of the Jones v. Mayer Case?
The Supreme Court reversed the lower court’s dismissal. It held that section 1982 reaches private as well as public racial discrimination in property sales and rentals, and that Congress validly enacted this protection using its power to enforce the Thirteenth Amendment.
The decision allowed the Joneses’ case to proceed. It did not itself decide every factual allegation or award a final damages amount.
What Impact Did Jones v. Mayer Have?
Jones strengthened the use of the Thirteenth Amendment to address private racial discrimination. The Court recognized Congress’s authority to identify the badges and incidents of slavery and enact laws to eliminate them. In this case, that meant protecting equal rights in property transactions under section 1982.
Do not confuse that holding with the enactment of the Fair Housing Act. Both are important to real estate, but they are separate legal protections.
The History Behind Jones v. Mayer
To understand how the Jones v Mayer case came to be, we must learn the history surrounding this case.
The Thirteenth Amendment, passed in 1865, paved the way for the Civil Rights Act. This amendment declared that neither slavery nor involuntary servitude could exist in the United States.
While the Thirteenth Amendment was a big step in the civil rights movement, the country still had a long way to go. Racial discrimination was rampant in the U.S., including in the housing market. Black citizens did not have access to the same rights as white citizens for buying or selling property.
What Is the Civil Rights Act of 1866?
The Civil Rights Act of 1866 established protections against racial discrimination. The provision central to Jones is now 42 U.S.C. §1982, which gives United States citizens equal rights to inherit, buy, lease, sell, hold, and convey real and personal property.
The Supreme Court had to decide whether that property-rights protection reached private conduct and whether Congress had constitutional authority to apply it that way.
Did the Jones v. Mayer Case End Housing Discrimination?
No court decision can by itself eliminate discriminatory conduct. Jones established an important legal protection, while enforcement depends on the applicable law and the facts of each case.
For example, the Justice Department continues to pursue fair housing cases involving racial discrimination. Its case record for United States v. Price describes a 2020 consent order resolving allegations of race discrimination and sexual harassment in rental housing. That was an FHA enforcement case, not a new ruling in Jones.
Source: Justice Department’s United States v. Price case record.
Effects of Housing Discrimination
Housing discrimination has many negative effects on the housing market, including:
- Racially segregated neighborhoods
- Lower homeownership rates
- Increased homelessness
- Reduced home values
Examples of Housing Discrimination Against Racial Minorities
Examples of racial discrimination addressed by federal fair housing and civil rights laws include:
- Denying housing to tenants because they are African American
- Charging higher fees for racial minorities
- Harassing minority tenants
- Steering black homebuyers away from white neighborhoods
- Telling black homebuyers a home has been sold when it is not
Examples of Housing Discrimination Against Other Protected Classes
Jones addressed racial discrimination under section 1982. Other protections come from the Fair Housing Act, its amendments, and state and local law. Examples under the applicable fair housing rules include refusing to rent because of a person’s religion, imposing discriminatory terms on families with children, and denying a required disability-related reasonable accommodation.
Accessibility duties need their own analysis. The FHA’s design-and-construction requirements apply to covered multifamily housing built for first occupancy after March 13, 1991. An older apartment is not automatically unlawful merely because it lacks wheelchair access; reasonable accommodation and modification duties, and other applicable laws, must also be considered.
How to Fight Housing Discrimination in Real Estate
Real estate professionals have a responsibility to fight racial discrimination in housing. We can help promote equal opportunities for protected classes by:
- Getting familiar with state and federal fair housing laws
- Using inclusive language on property listings
- Not working with brokers who violate fair housing laws
- Treating all home seekers equally
Frequently Asked Questions
What Is the Fair Housing Act?
The Fair Housing Act is Title VIII of the Civil Rights Act of 1968. It was enacted on April 11, 1968, before the Supreme Court decided Jones on June 17, 1968. The Act and section 1982 provide distinct protections; the FHA was not enacted as a result of the Jones ruling.
Source: HUD on the Fair Housing Act’s enactment.
Who Are the Protected Classes in Real Estate?
The federal Fair Housing Act names these protected categories:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
How these protections apply also depends on relevant court decisions and any additional state or local protections.
Are There Exceptions to Title VIII?
The FHA contains several limited exemptions, each with specific conditions. Examples include certain owner-occupied small dwellings, qualifying single-family transactions, and some noncommercial religious-organization or private-club housing. Qualifying housing for older persons is exempt from familial-status restrictions rather than from the entire Act.
An FHA exemption does not remove section 1982’s separate protection against racial discrimination in property transactions. Check state and local protections too.
Who Enforces the Fair Housing Act?
HUD’s Office of Fair Housing and Equal Opportunity (FHEO) investigates FHA complaints and may refer them to state or local agencies. Complaints may be resolved by agreement or lead to administrative or court proceedings. The Department of Justice also has a role in federal court enforcement.
The Jones case concerned section 1982, so keep that civil-rights claim separate from the FHA’s HUD complaint process.
What Are the Penalties for Violating Fair Housing Laws?
Available remedies depend on the law, proceeding, and facts. They may include compensation, orders to stop discrimination, and civil penalties. Federal civil penalty limits change through inflation adjustments, so a fixed list of older fine amounts can mislead readers. Consult the current official rules for a particular proceeding.
What to Know Before the Real Estate Exam
For the exam, connect Jones v. Alfred H. Mayer Co. with three points: section 1982, private as well as public racial discrimination in property sales and rentals, and Congress’s Thirteenth Amendment enforcement power. Keep it separate from the Fair Housing Act, which had already been enacted earlier in 1968.
Review more important terms with our Real Estate Flashcards as you prepare for test day.
Source: Supreme Court opinion in Jones v. Alfred H. Mayer Co..
