The Fair Housing Act
prohibits discrimination in housing because
of:
- Race or color
- National origin
- Religion
- Sex
- Familial status (including children
under the age of 18 living with parents
or legal custodians; pregnant women and
people securing custody of children
under 18)
- Handicap (Disability)
What Housing Is Covered?
The Fair Housing Act covers most
housing. In some circumstances, the Act
exempts owner-occupied buildings with no
more than four units, single-family housing
sold or rented without the use of a broker,
and housing operated by organizations and
private clubs that limit occupancy to
members.
What Is Prohibited?
In the Sale and Rental of Housing: No
one may take any of the following actions
based on race, color, national origin,
religion, sex, familial status or handicap:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable
- Deny a dwelling
- Set different terms, conditions or
privileges for sale or rental of a
dwelling
- Provide different housing services or
facilities
- Falsely deny that housing is available
for inspection, sale, or rental
- For profit, persuade owners to sell or
rent (blockbusting) or
- Deny anyone access to or membership in
a facility or service (such as a
multiple listing service) related to the
sale or rental of housing.
In Addition: It is illegal for anyone to:
- Threaten, coerce, intimidate or
interfere with anyone exercising a fair
housing right or assisting others who
exercise that right
- Advertise or make any statement that
indicates a limitation or preference
based on race, color, national origin,
religion, sex, familial status, or
handicap. This prohibition against
discriminatory advertising applies to
single-family and owner-occupied housing
that is otherwise exempt from the Fair
Housing Act.
Additional Protection If You Have a
Disability If you or someone associated with
you:
- Have a physical or mental disability
(including hearing, mobility and visual
impairments, chronic alcoholism, chronic
mental illness, AIDS, AIDS Related
Complex and mental retardation) that
substantially limits one or more major
life activities
- Have a record of such a disability or
- Are regarded as having such a
disability your landlord may not:
- Refuse to let you make reasonable
modifications to your dwelling or common
use areas, at your expense, if necessary
for the disabled person to use the
housing. (Where reasonable, the landlord
may permit changes only if you agree to
restore the property to its original
condition when you move.)
- Refuse to make reasonable
accommodations in rules, policies,
practices or services if necessary for
the disabled person to use the housing.
Your landlord may not:
- Refuse to let you make reasonable
modifications to your dwelling or common
use areas, at your expense, if necessary
for the disabled person to use the
housing. (Where reasonable, the landlord
may permit changes only if you agree to
restore the property to its original
condition when you move.)
- Refuse to make reasonable
accommodations in rules, policies,
practices or services if necessary for
the disabled person to use the housing.
Example: A building with a "no
pets" policy must allow a visually
impaired tenant to keep a guide dog.
Example: An apartment complex that offers
tenants ample, unassigned parking must honor
a request from a mobility-impaired tenant
for a reserved space near her apartment if
necessary to assure that she can have access
to her apartment.
However, housing need not be made available
to a person who is a direct threat to the
health or safety of others or who currently
uses illegal drugs.
Requirements for New Buildings
In buildings that are ready for first
occupancy after March 13, 1991, and have an
elevator and four or more units:
- Public and common areas must be
accessible to persons with disabilities
- Doors and hallways must be wide enough
for wheelchairs
- All units must have:
- An accessible route into and
through the unit
- Accessible light switches,
electrical outlets, thermostats and
other environmental controls
- Reinforced bathroom walls to allow
later installation of grab bars and
- Kitchens and bathrooms that can be
used by people in wheelchairs.
If a building with four or more units has no
elevator and will be ready for first
occupancy after March 13, 1991, these
standards apply to ground floor units.
These requirements for new buildings do
not replace any more stringent standards in
State or local law.
Housing Opportunities For Families
Unless a building or community qualifies
as housing for older persons, it may not
discriminate based on familial status. That
is, it may not discriminate against families
in which one or more children under 18 live
with:
- A parent
- A person who has legal custody of the
child or children or
- The designee of the parent or legal
custodian, with the parent or
custodian's written permission.
Familial status protection also applies to
pregnant women and anyone securing legal
custody of a child under 18.
Exemption: Housing for older persons
is exempt from the prohibition against
familial status discrimination if:
- The HUD Secretary has determined that
it is specifically designed for and
occupied by elderly persons under a
Federal, State or local government
program or
- It is occupied solely by persons who
are 62 or older or
- It houses at least one person who is
55 or older in at least 80 percent of
the occupied units, and adheres to a
policy that demonstrates an intent to
house persons who are 55 or older. A
transition period permits residents on
or before September 13, 1988, to
continue living in the housing,
regardless of their age, without
interfering with the exemption.
If You Think Your Rights Have Been
Violated
HUD is ready to help with any problem of
housing discrimination. If you think your
rights have been violated, the Housing
Discrimination Complaint Form is available
for you to download, complete and return, or
complete online and submit, or you may write
HUD a letter, or telephone the HUD Office
nearest you. You have one year after an
alleged violation to file a complaint with
HUD, but you should file it as soon as
possible.
What to Tell HUD
- Your name and address
- The name and address of the person
your complaint is against (the
respondent)
- The address or other identification to
the housing involved
- A short description to the alleged
violation (the event that caused you to
believe your rights were violated)
- The date(s) to the alleged violation
Where to Write or Call
Send the Housing Discrimination
Complaint Form or a letter to the HUD Office
nearest you or you may call that office
directly.
If You Are Disabled - HUD also
provides:
- A toll-free TTY phone for the hearing
impaired: 1-800-927-9275.
- Interpreters
- Tapes and braille materials
- Assistance in reading and completing
forms
What Happens When You File A Complaint?
HUD will notify you when it receives
your complaint. Normally, HUD also will:
- Notify the alleged violator of your
complaint and permit that person to
submit an answer
- Investigate your complaint and
determine whether there is reasonable
cause to believe the Fair Housing Act
has been violated
- Notify you if it cannot complete an
investigation within 100 days of
receiving your complaint
Conciliation
HUD will try to reach an agreement with
the person your complaint is against (the
respondent). A conciliation agreement must
protect both you and the public interest. If
an agreement is signed, HUD will take no
further action on your complaint. However,
if HUD has reasonable cause to believe that
a conciliation agreement is breached, HUD
will recommend that the Attorney General
file suit.
Complaint Referrals
If HUD has determined that your State or
local agency has the same fair housing
powers as HUD, HUD will refer your complaint
to that agency for investigation and notify
you of the referral. That agency must begin
work on your complaint within 30 days or HUD
may take it back.
What If You Need Help Quickly? If you
need immediate help to stop a serious
problem that is being caused by a Fair
Housing Act violation, HUD may be able to
assist you as soon as you file a complaint.
HUD may authorize the Attorney General to go
to court to seek temporary or preliminary
relief, pending the outcome of your
complaint, if:
- Irreparable harm is likely to occur
without HUD's intervention
- There is substantial evidence that a
violation of the Fair Housing Act
occurred
Example: A builder agrees to sell a house
but, after learning the buyer is black,
fails to keep the agreement. The buyer files
a complaint with HUD. HUD may authorize the
Attorney General to go to court to prevent a
sale to any other buyer until HUD
investigates the complaint.
What Happens After A Complaint
Investigation?
If, after investigating your complaint,
HUD finds reasonable cause to believe that
discrimination occurred, it will inform you.
Your case will be heard in an administrative
hearing within 120 days, unless you or the
respondent want the case to be heard in
Federal district court. Either way, there is
no cost to you.
The Administrative Hearing
If your case goes to an administrative
hearing HUD attorneys will litigate the case
on your behalf. You may intervene in the
case and be represented by your own attorney
if you wish. An Administrative Law Judge
(ALA) will consider evidence from you and
the respondent. If the ALA decides that
discrimination occurred, the respondent can
be ordered:
- To compensate you for actual damages,
including humiliation, pain and
suffering.
- To provide injunctive or other
equitable relief, for example, to make
the housing available to you.
- To pay the Federal Government a civil
penalty to vindicate the public
interest. The maximum penalties are
$10,000 for a first violation and
$50,000 for a third violation within
seven years.
- To pay reasonable attorney's fees and
costs.
Federal District Court
If you or the respondent choose to have
your case decided in Federal District Court,
the Attorney General will file a suit and
litigate it on your behalf. Like the ALA,
the District Court can order relief, and
award actual damages, attorney's fees and
costs. In addition, the court can award
punitive damages.
In Addition
You May File Suit: You may file suit, at
your expense, in Federal District Court or
State Court within two years of an alleged
violation. If you cannot afford an attorney,
the Court may appoint one for you. You may
bring suit even after filing a complaint, if
you have not signed a conciliation agreement
and an Administrative Law Judge has not
started a hearing. A court may award actual
and punitive damages and attorney's fees and
costs.
Other Tools to Combat Housing
Discrimination
If there is noncompliance with the order
of an Administrative Law Judge, HUD may seek
temporary relief, enforcement of the order
or a restraining order in a United States
Court of Appeals. The Attorney General may
file a suit in a Federal District Court if
there is reasonable cause to believe a
pattern or practice of housing
discrimination is occurring.
For Further Information
The Fair Housing Act and HUD's
regulations contain more detail and
technical information. If you need a copy of
the law or regulations, contact the HUD
Office nearest you.
U.S. Department of Housing and Urban Development:
http://www.hud.gov |