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1973 DOJ Housing Discrimination Settlement: Trump's First Civil Rights Case

Black applicants at Trump apartment buildings were systematically denied housing that was simultaneously offered to white applicants. A Black doorman described being instructed to discourage Black applicants; the government documented instances where the Trumps coded applications with a 'C' (for 'colored') to identify Black applicants for rejection. Trump hired Roy Cohn to fight the lawsuit, countersuing the government for $100 million. He settled without admitting guilt in 1975. Three years later, DOJ filed a second suit alleging violations of the settlement terms.

Record summary

Grade

Grade 2 of 5: Major Abuse of Power

Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions

Status
Concluded
Incident date
Record updated
Location
Trump apartments, Brooklyn/Queens/Staten Island, New York
Category
Civil Rights
Legal posture
Judicial finding
War-crime classification
Enabling conduct
Verification
Independently verified
ICC relevance
No
Sources
4 cited
Stable ID
trump-1973-housing-discrimination-doj-settlement
Victims
Black applicants systematically denied housing at Trump Management properties in New York; African Americans subject to steering and discriminatory rental practices
Alleged responsible parties
  • Donald Trump, President of Trump Management Inc. under Fred Trump— Trump Management Inc.
  • Fred Trump, Owner of Trump Management Inc.— Trump Management Inc.

Key points

  • The 1973 DOJ suit was described by the agency as one of the largest housing discrimination suits ever filed, alleging systematic discrimination against Black applicants in 39 buildings across Brooklyn, Queens, and Staten Island
  • DOJ investigators posing as potential tenants documented that white applicants were offered apartments that Black applicants with similar or better qualifications were told were unavailable
  • A Black employee of Trump Management testified that he had been instructed to discourage Black applicants; the government documented evidence that rental applications were coded with 'C' (for 'colored') to flag Black applicants
  • Trump hired Roy Cohn, who filed a $100 million countersuit against the government alleging malicious prosecution — the same aggressive counterattack strategy Cohn would teach Trump for decades
  • Trump settled in 1975 without admitting guilt, agreeing to an equal opportunity consent decree
  • In 1978, the DOJ filed a second suit alleging Trump had violated the consent decree — including by maintaining a list of approved applicants that excluded Black candidates and by falsely telling Black applicants that no apartments were available

Overview

Donald Trump's first major encounter with federal law was a civil rights case. In 1973, the Department of Justice filed one of the largest housing discrimination lawsuits of its era against Trump Management Inc., Donald Trump, and his father Fred.

The allegations were specific and documented: Black applicants at Trump buildings were systematically denied housing that was simultaneously offered to white applicants. Government investigators who applied undercover documented the discrimination firsthand. A Black employee described being instructed to discourage Black applicants. Applications were coded to identify Black applicants for rejection.

The Cohn Response

Trump's response to the lawsuit — hire Roy Cohn, countersue the government for $100 million, deny everything aggressively — was the template he would follow for every legal challenge for the next five decades.

The countersuit was frivolous and was eventually dismissed. The strategy was not about winning the countersuit; it was about creating legal complexity, generating costs for the government, and maintaining a posture of aggression rather than concession. Cohn had taught Trump that being sued was not primarily a legal problem — it was a rhetorical and tactical problem that could be addressed by going on offense.

The Second Lawsuit

The 1975 settlement required Trump to end discriminatory practices. Three years later, the DOJ was back with a second lawsuit alleging Trump had violated the consent decree — continuing the practices he had promised to end.

The pattern would repeat itself throughout Trump's career: court orders, settlements without admission, continued violations, further legal proceedings. The specifics changed; the pattern of conduct and response did not.

International law engaged

InstrumentProvisionWhat it protects or prohibits
International Convention on the Elimination of All Forms of Racial DiscriminationArticle 5Right to housing without discrimination based on race — systematic refusal to rent to Black applicants violates this right

Update log

  1. Updated with consent decree settlement.

Sequence of events

  1. DOJ files housing discrimination suit

    The Department of Justice files suit against Trump Management Inc., Donald Trump, and Fred Trump, alleging systematic discrimination against Black applicants in Trump-owned apartment buildings across the New York City boroughs. The suit is described as one of the most significant housing discrimination cases filed under the Fair Housing Act.

  2. Trump countersues for $100 million

    Trump, represented by Roy Cohn, countersues the United States government for $100 million, alleging malicious prosecution and defamation. The countersuit is eventually dismissed.

  3. Consent decree settlement

    Trump settles with the DOJ without admitting guilt, agreeing to a consent decree requiring equal opportunity rental practices, advertising in Black-oriented publications, and informing the Urban League of vacancies.

  4. DOJ files second suit — consent decree violations

    The DOJ files a second suit alleging Trump has violated the consent decree by maintaining discriminatory practices — including a list of pre-approved applicants that excluded Black candidates and continuing to turn away Black applicants.

  5. Second case resolved

    The second discrimination case is resolved through a second consent decree with additional requirements. The cases collectively document a decade of systematic housing discrimination.

Sources

  1. Suit Over Trump's Racial Bias Called 'One of the Worst' Cases — The New York Times
  2. What did Trump do when the feds sued his company for racial bias? — The Washington Post
  3. Trump's Documented Record of Housing Discrimination — ProPublica
  4. The Long History of Trump's Housing Discrimination — The Atlantic archived ✓

How this record was published

Manually curated This entry was added directly and does not carry an automated audit trail.

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