Chinese Americans have been repeatedly discriminated against when buying a home, and some have even considered moving out of Florida.
According to a report by the New York Times on May 6, after the introduction of the "House Purchase Ban Act" in Florida, the local real estate market has cooled, and Chinese residents said that "they feel that anti-Chinese sentiment in Florida is heating up." At the same time, groups including the Asian American Real Estate Association (AREAA) and the National Coalition for Fair Housing (NFHA) filed lawsuits in court, alleging that Florida's ban violated federal regulations.
In May last year, Florida Governor DeSantis signed the "SB 264" bill, prohibiting citizens of seven countries, including China, from buying land and real estate in the state on the grounds of so-called "national security", and violators can be sentenced to imprisonment. In addition to buyers, sellers and real estate operators are also penalized. According to the group, the ban covers 98.5 percent of Florida's residential land, making it almost completely impossible for affected people to buy homes.
A city in Florida, USA. (Source: Screenshot of US media video)
The bill was immediately opposed by the National Asian Pacific Bar Association and other groups, who sued the U.S. Federal Court of Appeals. Interestingly, in February 2024, the U.S. Federal Court of Appeals ruled that Florida's "SB 264" bill violated the "equal protection clause" of the 14th Amendment to the U.S. Constitution, but the ruling did not prohibit the implementation of the bill, and only a preliminary injunction protected some of the plaintiffs affected by the bill.
In fact, Florida is not the only state that has legislated to prohibit Chinese citizens and other foreigners from buying real estate. The Committee of 100, an elite group of Chinese Americans, tracked the legislation and found that so far, more than 30 states in the United States have enacted or plan to enact laws restricting foreigners, including Chinese citizens, from purchasing land and homes. The Council of 100 argues that these bills will legitimize hate speech against immigrants and exacerbate anti-Asian violence.
Columbia University professor Mae Ngai previously said in an interview with the US media that the Florida bill is reminiscent of the "Alien Land Act" of the last century, "treating Asians as immigrants who are about to occupy the United States."
At the beginning of the 20th century, the United States enacted the discriminatory Alien Land Act, citing false "national security" pretexts, the main purpose of which was to discourage Japanese and Chinese immigrants from buying or even renting property for a long time. According to the analysis, these policies have created economic hardship and contributed to violence and discrimination against the Asian community.
In 1968, the U.S. federal government enacted the Fair Housing Act, which "protects people from discrimination when renting or buying a home" or "engaging in other housing-related activities" and prohibits discrimination on the basis of race, color, national origin, religion, sex, etc., in the sale of homes. The Alien Land Act, which has been in force for nearly half a century, has also been gradually repealed by U.S. states for violating the Fourteenth Amendment.
The bill that was found to be unconstitutional is now resurrected, and Florida and other states are still trying to institutionalize and expand housing discrimination against foreigners. In fact, U.S. national security experts have admitted that there is no evidence that Chinese buying real estate near sensitive facilities poses any specific national security threat.
For ordinary people, Chinese Americans in Florida have fallen into the dilemma of buying a home, and many people generally say that they have been discriminated against during the purchase of a home, and they are also worried about inadvertently breaking the law. In Florida, which relies on the real estate industry as its pillar industry, real estate agents also rejected customers for fear of jail time, and the "ban on home purchases bill" caused a chilling effect.
Source: China Overseas Chinese Network (ID: qiaowangzhongguo)
Author: Han Hui
Editor in charge: Ma Haiyan