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Two former Secretaries of HUD, one Democrat, one Republican, have testified to the ineffectiveness of the remedy available to their Department.

Patricia Harris, Secretary in the Carter Administration, told Congress; "The lack of adequate enforcement power has been the most serious obstacle to the development of an effective fair housing program within HUD. Our present authority is limited to a purely voluntary process of 'conference, conciliation and persuasion.' I will not dwell upon the ironies associated with a law that mandates HUD to investigate and establish the existence of violations of a law and then limits the Secretary to asking the discovered lawbreaker whether he wants to discuss the matter...."

Carla Hills, a former HUD Secretary in a Republican administration, declared that violators of the law "know all too well that HUD has no meaningful enforcement power. Many have virtually ignored our conciliation efforts because they have no inducement to cooperate. In effect, the present law, in relying on conciliation, is an invitation to intransigence." In addition, Samuel Pierce, the current HUD secretary, firmly supports legislation strengthening fair housing enforcement.

Q. Do victims of discrimination have other remedies?

A. Yes. They can go to court and bring a private law suit. But this requires time and money. They must hire an attorney and take time off from work to appear for depositions and in court. In addition, the court process is a long one. The courts are already overcrowded. In most metropolitan district courts it takes two and a half years to get a trial date. A victim of housing discrimination wants a house now, not two and a half years later.

Q. Can't the Justice Department sue to enforce the Fair Housing Act?

A. Yes, but only where the Attorney General believes there is a "pattern or practice" of discrimination in housing. Fewer than 20 Justice Department attorneys are assigned to bring fair housing cases. They cannot go to court on behalf of individual victims.

How the New Law Would Work

Q. How would the Fair Housing amendments deal with the shortcomings in the present law?

A. The Fair Housing Amendments Act of 1987 would amend the 1968 law to put teeth into the enforcement process. A key change provides for hearings of individual housing discrimination complaints by Administrative Law Judges who would make findings