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"Banning buying homes based on citizenship and registering your property did not bode well in history," said one lawmaker. "This is the Republicans rewriting the Chinese Exclusion Act."
Days after a group of Chinese citizens sued Florida's government over its new law restricting Chinese citizens from purchasing property in the state, U.S. Rep. Al Green this week warned of a "proliferation" of such bans and unveiled federal legislation to prohibit them.
The proposal would affirm that federal law, such as the Fair Housing Act, takes precedence over state bans restricting who can and cannot legally purchase real estate or farmland. It would also allow people to sue in federal court and have a right to court-ordered relief including an injunction if they've been harmed by bans like the one approved by Republican Florida Gov. Ron DeSantis.
The Fair Housing Act explicitly prohibits discrimination in housing based on national origin, race, sex, gender identity, religion, and disability.
Despite the long-standing law, Florida this month became the latest state to pass restrictions on property ownership, targeting Chinese, Russian, Iranian, Syrian, Cuban, Venezuelan, and North Korean citizens. DeSantis claimed Chinese people have been "gobbling up" land in the state and said the law is intended to stop the Chinese Communist Party from gaining influence and spying in the state.
"That is not in the best interests of Florida to have the Chinese Communist Party owning farmland, owning land close to military bases," said the governor, who announced his 2024 presidential campaign this week.
Utah Gov. Spencer Cox, also a Republican, signed a ban on Chinese companies buying property in March, and the Texas Legislature had advanced a similar bill targeting companies and government entities headquartered in China, Russia, North Korea, and Iran.
According to the National Agricultural Law Center, 21 states have laws restricting foreign ownership of farmland. More than 30 states have drafted or advanced legislation to either tighten those restrictions or introduce new ones.
"I don't think we ought to allow 50 states to have the opportunity to pass laws that can impact foreign affairs, which really is the province of the executive branch of the federal government," Green told HuffPost on Thursday. "I don't think we should wait until we get 30, 50, whatever number of different laws to act."
The measures have drawn comparisons to the so-called "alien land laws" that were in place in the early 20th century before being struck down by courts and state legislatures. The laws prohibited Chinese and Japanese immigrants from owning land and "severely exacerbated violence and discrimination against Asian communities," according to the ACLU, which is representing the plaintiffs in the lawsuit filed in Florida this week.
"Banning buying homes based on citizenship and registering your property did not bode well in history... This is the Republicans rewriting the Chinese Exclusion Act," said Rep. Grace Meng (D-N.Y.) this week, referring to the 1882 law that banned Chinese workers from immigrating to the United States.
\u201c\u2026when you ask me why we worry about anti-China rhetoric\u2026 many people can\u2019t differentiate between someone who works for the CCP from an average Chinese American. These laws will increase anti Asian suspicion & hate. https://t.co/z7j9TuyfA3\u201d— Grace Meng (@Grace Meng) 1684285341
Contrary to DeSantis' claim that Chinese citizens are buying large amounts of property across Florida, according to the U.S. Department of Agriculture's Farm Service Agency, foreigners owned only 3.1% of farmland at the end of 2021, and about a third of that land was owned by Canadians. Less than 1% of the land—0.03% of all farmland in the U.S.—was owned by Chinese citizens or entities.
"In the richest country in the world, it is a moral imperative that we take this issue head-on," said Rep. Pramila Jayapal.
Declaring that homelessness and housing insecurity is the result of "a structural failure of a country that has refused to make safe and affordable housing a priority," U.S. Reps. Pramila Jayapal and Grace Meng on Wednesday reintroduced the Housing is a Human Right Act and called on the federal government to provide $300 billion to end the crisis facing unhoused people.
The legislation would invest more than $200 billion in affordable housing and support services, $27 billion annually for services for unhoused people, and $100 million per year for community-driven alternatives to people experiencing homelessness.
Other funds would go to support communities at heightened risk for homelessness.
"Housing is a human right, and nobody in the world should be without a place to call home, especially not in America," said Meng (D-N.Y.). "This is an issue that impacts individuals for a number of reasons and sometimes isn't fixed with just a physical roof above a person's head."
The bill was reintroduced as real estate website Realtor.com released an analysis showing that even for people who have a place to live, housing is becoming more precarious across the United States.
The U.S. Department of Housing and Urban Development recommends that people spend less than 30% of their income on housing, but eight of the country's top 50 metropolitan areas now have "a rent share higher than 30% relative to the median household income," including Miami, Los Angeles, New York, and San Diego.
Even in more affordable cities renters are spending more, with the average monthly rent in Cincinnati, Ohio costing 19.4% of the average monthly income—up from 18.4% last year. In Birmingham, Alabama, renters spend an average of 22.2% of their income on housing.
"As costs have risen and the minimum wage has stagnated, it would take the average minimum wage worker more than 96 hours of work per week to afford a two-bedroom rental," noted Jayapal (D-Wash.).
The shrinking stock of affordable housing is linked to the crisis of homelessness, which more than half a million people in the U.S. experienced in 2022—up by 3% from 2020.
"The crisis of housing instability is one that can be fixed by investing in housing infrastructure and supportive services for vulnerable communities," said Jayapal.
The legislation has been co-sponsored by Democratic lawmakers including Reps. Jamaal Bowman of New York, Cori Bush of Missouri, James McGovern of Massachusetts, Alexandria Ocasio-Cortez of New York, and Rashida Tlaib of Michigan.
The $200 billion proposed investment included in the bill would go toward McKinney-Vento Emergency Solutions Grants, which fund engagement with people experiencing homelessness and improve emergency shelters; and Continuum of Care grants, which help rehouse people who have faced homelessness.
The legislation would also:
"In the richest country in the world, it is a moral imperative that we take this issue head-on," said Jayapal. "Housing is a human right—and every person deserves to have a safe place to call home."