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

The DOJ complaint documented specific evidence including testers — white and Black individuals sent to inquire about the same apartments — where Black applicants were told there were no vacancies while white applicants were offered leases for the same units. An employee named Elyse Goldweber documented that a Trump employee had marked rental applications with the letter 'C' (for 'colored') to identify minority applicants. Trump's response was to hire Roy Cohn, file a $100 million countersuit against the DOJ (which was dismissed), and ultimately settle via consent decree in 1975. The consent decree required Trump Management to place ads in minority newspapers and to notify the Urban League of vacancies; Trump violated the decree within two years and a second agreement had to be negotiated.

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
New York, NY
Category
Civil Rights
Legal posture
Judicial finding
War-crime classification
Enabling conduct
Verification
Independently verified
ICC relevance
No
Sources
3 cited
Stable ID
trump-racial-housing-discrimination-doj-1973
Victims
Black and minority applicants systematically denied housing at 39 Trump-managed properties in New York City and Brooklyn
Alleged responsible parties
  • Donald Trump, Named defendant; president of Trump Management Corporation during the period covered by the lawsuit— Trump Management Corporation
  • Fred Trump, Founder and primary shareholder of Trump Management Corporation; named defendant— Trump Management Corporation

Key points

  • The 1973 Department of Justice complaint covered 39 apartment buildings managed by Trump Management Corporation across Brooklyn, Queens, and Staten Island — all containing hundreds of rental units
  • DOJ testers documented specific instances where Black applicants were told no vacancies existed, while white testers sent to the same properties on the same days were offered apartments — the core evidence of systematic discrimination
  • A Trump Management employee had marked rental applications with the letter 'C' (for 'colored') to flag minority applicants — direct documentary evidence of the classification system used to screen applicants by race
  • Trump hired Roy Cohn — the McCarthy-era attorney who would later represent the New York Mafia — and filed a $100 million countersuit against the DOJ, calling the case 'outrageous' and 'a reverse form of discrimination'; the countersuit was dismissed
  • A 1975 consent decree required Trump Management to place ads in minority newspapers, to notify the Urban League of vacancies, and to certify compliance; within two years, the DOJ found Trump in violation and a second agreement had to be negotiated in 1978
  • Trump never admitted wrongdoing; the consent decree resolved the case without an adjudication on the merits; Trump later described the settlement as 'very good' for his company

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 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.

International law engaged

InstrumentProvisionWhat it protects or prohibits
International Convention on the Elimination of All Forms of Racial DiscriminationArticle 5(e)(iii)Right to housing — systematic exclusion of racial minorities from housing through discriminatory rental practices violates ICERD Article 5(e)(iii)

Update log

  1. Documented from reporting during 2016 presidential campaign.

Sequence of events

  1. DOJ files housing discrimination complaint

    The U.S. Department of Justice files a civil rights complaint against Trump Management Corporation and Donald Trump personally, alleging systematic racial discrimination in rental practices across 39 properties.

  2. Trump hires Roy Cohn; files $100M countersuit

    Trump hires attorney Roy Cohn and files a $100 million countersuit against the DOJ alleging the case is discriminatory and politically motivated. The countersuit is later dismissed.

  3. Consent decree — no admission of wrongdoing

    Trump Management settles via consent decree requiring advertisements in minority newspapers and Urban League notifications. Trump admits no wrongdoing. The DOJ declares it 'one of the most far-reaching agreements ever reached.'

  4. Second agreement after consent decree violations

    The DOJ finds Trump Management in violation of the 1975 consent decree within two years. A second agreement is negotiated, expanding the obligations.

Sources

  1. The Trumps Were Accused of Racism in 1973 Case — The New York Times
  2. The story of a 1973 lawsuit about racial discrimination against Trump's company — The Washington Post
  3. Trump once faced DOJ discrimination suit before settling — The Associated Press

How this record was published

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

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