According to a new report from McGuireWoods, zoning legislation created during the 20th century in Virginia fostered segregation in housing and exacerbated the wealth gap between Black and white residents.

According to the report, “In many localities, neighborhoods are more racially segregated today than they were 50 years ago.” This is despite the fact that the Fair Housing Act of 1968 bans racial segregation. However, the laws, most of which are now obsolete, have already had their desired effects. These policies do not only impact housing; they also have a direct impact on access to healthcare and education, income, and job opportunities. 

The report goes on to say that segregation still exists but is now down the line of wealth and income, and because these laws targeted Black residents in the last century, those residents now have less wealth and lower incomes. Thus, segregation along wealth and income lines still serves as racial segregation.

The report summarizes the history of planning and zoning policies in Virginia and how they relate to segregation.

When zoning policy first started in Virginia, the goal was to systemically separate Black and white residents. The goal when this process was created was to promote racial segregation and ensure that the legislation would last. 

When zoning by race became illegal in the United States, Virginia’s zoning laws adapted so that the Commonwealth and localities within could continue to housing discrimination.

The report states that zoning now divides by economic standing, which is intrinsically linked to race. “Although zoning does not directly set the price of housing, it determines the size and characteristics of housing that may be built in a particular area.” While the zoning does not technically set the price of housing, in practice, the price is tied to the zoning because of what zoning does determine.

Because wealth is linked to race, zoning still segregates along racial lines under the guise of being an economic issue. Wealth and income now serve as a substitute for racial segregation because laws prevent segregation on the basis of race.

The report recommends revising Virginia’s zoning laws in order to address the systematic discrimination that has been built into the current system. A second report is expected to release later this year with more specific policy recommendations.