What is housing discrimination under the Fair Housing Act?
The Fair Housing Act (FHA) prohibits discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, familial status, or disability. Many states and cities add additional protected classes such as source of income, sexual orientation, and marital status.
What are examples of illegal housing discrimination?
Common violations include: a landlord refusing to rent to you because of your race or religion; a seller refusing to negotiate because of your national origin; a landlord refusing to make reasonable accommodations for a disability; a property manager steering you away from certain units or neighborhoods; and discriminatory advertising that signals a preference for or against a protected class.
Who enforces the Fair Housing Act?
The U.S. Department of Housing and Urban Development (HUD) enforces the FHA through its Office of Fair Housing and Equal Opportunity (FHEO). You can also file a complaint with your state or local fair housing agency, or file a private lawsuit in federal court within two years of the discriminatory act.
How long do I have to file a housing discrimination complaint with HUD?
You must file your HUD complaint within one year of the discriminatory act. Missing this deadline can bar you from the HUD administrative process entirely, though you may still have time to file a private lawsuit. File as soon as possible to preserve all your options.
Do I need a lawyer to file a housing discrimination complaint?
No. HUD accepts complaints directly from individuals at no cost through hud.gov/fairhousing or by calling 1-800-669-9777. You do not need an attorney to initiate the process. uplaw.ai walks you through every step at no cost.
How do I file a complaint with HUD?
Go to hud.gov/fairhousing and click "File a Complaint." Provide your name and contact information, the name and address of the person or entity you believe discriminated against you, a description of the discriminatory act, and the dates it occurred. HUD will assign an investigator and notify the other party within 10 days.
What evidence should I gather before filing a housing discrimination complaint?
Collect: written communications (texts, emails, letters), rental listings, rental applications, lease agreements, rejection letters, notes from conversations with dates and witnesses, photos of any posted notices, and records showing similarly situated people of a different protected class were treated differently.
What happens after I file a HUD complaint?
HUD investigates your complaint within 100 days. The investigator may interview witnesses, review documents, and attempt conciliation (a voluntary settlement). If HUD finds reasonable cause to believe discrimination occurred, it issues a Charge of Discrimination and the case proceeds to an administrative hearing or federal court.
What remedies can I get if my housing discrimination complaint is successful?
Available remedies include: actual damages (out-of-pocket losses and emotional distress), injunctive relief (requiring the discriminatory conduct to stop), civil penalties up to $21,663 for a first violation, and attorney fees. In a private lawsuit, a court can also award punitive damages.
Can my landlord retaliate against me for filing a housing discrimination complaint?
Retaliation for filing a fair housing complaint is itself a violation of the FHA. If your landlord raises your rent, files a retaliatory eviction, or harasses you after you file, document it immediately and report it to HUD or your fair housing agency as a separate complaint.
Can I file a housing discrimination complaint against an HOA?
Yes. Homeowners associations are covered by the Fair Housing Act when they enforce rules in a discriminatory way — for example, selectively enforcing rules against residents of a particular race or refusing to grant disability accommodations. File with HUD or through a private lawsuit in the same way you would against a landlord.
What is a reasonable accommodation request for a disability?
A reasonable accommodation is a change in rules, policies, practices, or services that allows a person with a disability equal opportunity to use and enjoy the housing. Examples include allowing a service animal in a no-pet building, providing a first-floor unit, or granting an accessible parking space. Landlords must grant requests unless they cause undue hardship.
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