Fair Housing-Related Presidential Executive Orders

Real estate professionals are hopefully already aware of the federal Fair Housing Act and the various fair housing laws of individual states. Most people are, however, unaware of fair housing-related Presidential Executive Orders.

Executive orders are official documents, numbered consecutively, through which the President of the United States manages the operations of the federal government. Executive orders are legally binding orders given by the President, acting as the head of the Executive Branch. Executive orders are generally used to direct federal agencies and officials in their execution of laws or policies established by Congress.

To date, there have been six Presidential Executive Orders relating to fair housing. Those include:

Executive Order 11063: Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds. (Issued on November 20, 1962, by President John F. Kennedy)

Executive Order 11246: Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin. (Issued on September 24, 1965, by President Lyndon B. Johnson)

Executive Order 12892: Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD. (Issued on January 17, 1994, by President William J. Clinton)

Executive Order 12898: Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin. (Issued on February 11, 1994, by President William J. Clinton)

Executive Order 13166: Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities. (Issued on August 11, 2000, by President William J. Clinton)

Executive Order 13217: Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities. (Issued on June 18, 2001, by President George W. Bush)

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