DOJ Housing Discrimination Suit: Trump Refused to Rent to Black Applicants

Overview

In 1973, the U.S. Department of Justice sued Donald Trump and his father Fred Trump for systematically refusing to rent apartments to Black applicants across 39 properties in New York. The evidence was specific: testers found white applicants offered apartments that Black applicants were told did not exist. An employee had marked minority rental applications with the letter "C" for "colored."

Trump's response was Roy Cohn and a $100 million countersuit. The countersuit was dismissed. He settled without admitting wrongdoing.

The Evidence

The DOJ case was built on tester evidence — a standard civil rights investigation technique. White testers and Black testers inquired about the same apartments at the same properties on the same days. Black testers were consistently told no vacancies existed. White testers were offered leases.

The application markings — "C" for "colored" — documented the classification system in writing.

Roy Cohn

Hiring Roy Cohn to fight a housing discrimination case was a statement. Cohn was the chief counsel for Joseph McCarthy's Senate investigation, the attorney who had helped blacklist hundreds of people during the Red Scare, and who would later represent several of New York's organized crime families. Cohn taught Trump to respond to accusations with counterattacks, never acknowledge wrongdoing, and never settle on the opponent's terms.

Trump followed this model for the rest of his career.

The Consent Decree

The 1975 settlement required Trump Management to advertise vacancies in minority publications, to notify the Urban League of available units, and to certify compliance. Within two years, the DOJ found Trump in violation and had to negotiate a second agreement.

The original DOJ press release called it "one of the most far-reaching agreements ever reached." Trump later called the settlement "very good" for his company.