Published: January 03, 2007

Fighting Back Against Housing Discrimination (2006)

This publication outlines the process of filing a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD).

Introduction

More than 30 years after passage of the federal Fair Housing Act, housing discrimination continues to harm millions of Americans. According to a statistical analysis by academic researchers commissioned by the National Fair Housing Alliance, an estimated 3.7 million cases of housing discrimination occur annually.

The Fair Housing Act prohibits housing discrimination on the basis of race, color, national origin, religion, sex, family status (with children under 18) and disability. The law covers many kinds of housing transactions, including rentals, home sales, mortgage lending, homeowner's insurance, home improvement and zoning. In some states and municipalities, fair housing laws also protect residents from discrimination based on sexual preference and/or age.

If you believe you were treated unfairly in a rental or real estate transaction because of who you are, you have a right to file a housing discrimination complaint. Call HUD at 800-669-9777 for information about filing a complaint.

HUD and housing discrimination

HUD is the federal agency charged with enforcing federal fair housing laws. However, state or local laws may take precedence in some housing discrimination cases. (See “SPECIAL SECTION: California fair housing laws.”)

If you need help quickly to stop the loss of potential housing, HUD will address your complaint immediately. For instance, if you entered an agreement to buy a house, but the seller backs out because his neighbors put pressure on him not to sell to a person of color, you might lose the home if your complaint is not investigated immediately. In addressing urgent complaints, HUD can authorize the Attorney General to go to court to prevent a rental or sale until the complaint has been investigated.

How to file a complaint

Housing discrimination complaints may be filed for up to one year from the incident. However, it is best to file your complaint as soon as possible.

HUD accepts housing discrimination complaints at its 10 regional offices, where you can also request a copy of its complaint form. (Information on how to contact the office nearest you can be found at the end of this article.) HUD also will accept a letter outlining your complaint. Include your name, address, the name and address of the person you are complaining about, the address or description of the housing, a short statement of why you think your rights were violated and the date it happened. Send your complaint to the nearest HUD office.

When you file a housing discrimination complaint with HUD, it may decide that your state, county or city has the same or stronger fair housing laws as the federal government. The state or local agency must begin to work on the complaint within 30 days or HUD will take it back. (See “SPECIAL SECTION: California fair housing laws.”)

Conciliation

While HUD (or the state or local agency) investigates your complaint, it will at the same time try to help you reach a conciliation agreement with the other party (the respondent). If an agreement is reached, it will be legally binding. However, both parties must agree to it.

Investigations

Unless a conciliation agreement is reached, HUD will continue to investigate your complaint. You will be notified if HUD finds reasonable cause that discrimination took place. Within 120 days of that decision, you will have an administrative hearing, held before an administrative law judge (ALJ). ALJs are professional hearing officers who work for government agencies and enforce powers given the agencies under law.

You—and the respondent—have the right to decline the administrative hearing and instead have the case heard in Federal District Court. Whichever avenue is chosen, there is no cost to you, the complainant, unless you choose to be represented by your own attorney.

The administrative hearing

In meetings with the ALJ, you may choose to be represented by HUD's attorneys or your own attorney. Each side presents evidence and testimony from witnesses.

The ALJ will issue a decision that is subject to review by HUD or by a court. If discrimination is found, the ALJ can order the other party to:

• Pay you money for actual damages, humiliation and suffering caused by the discrimination. Actual damages means money you lost as a direct result of the discrimination.
• Provide relief—such as allowing you to rent or buy the dwelling.
• Pay the federal government a civil penalty.
• Pay your attorney's fees and costs.
• The ALJ cannot order punitive damages, but they may be awarded in court.

Federal District Court case

If you or the respondent choose to have the case heard by a Federal District Court, the U.S. Attorney General will file a suit and represent you in court. Your own attorney also may represent you.

The District Court can order relief and award actual damages, your attorney's fees and costs, and punitive damages.

Reconsideration and appeals

ALJ decisions and Federal District Court decisions can be appealed. This means that if you, the government or the respondent do not like the decision, any of you can bring the case to a higher level in the agency or the court and ask to have the decision reversed.

In the case of administrative hearings, any of the parties may ask the Secretary of HUD for the case to be reconsidered by a higher level within the agency or by a court.

The losing parties in a Federal District Court case may ask for the decision to be reversed by filing an appeal in the U.S. Court of Appeals.

Bringing your own lawsuit

If you have not signed a conciliation agreement or the government has not begun an administrative hearing within two years after the housing discrimination occurred, you can bring a civil lawsuit at your own expense in Federal District Court. You retain this right even if you have filed a complaint with HUD. If you cannot afford to hire an attorney, seek assistance from your local legal aid society or ask the court to appoint an attorney for you. Legal aid organizations exist in many communities to provide low income people with free (pro bono) legal counsel.

SPECIAL SECTION: California fair housing laws

California laws that pertain to fair housing and prohibit discrimination in housing include:

• The California Fair Employment & Housing Act (FEHA) expands the types of housing covered under federal anti-housing discrimination laws.
• The Unruh Act, California's oldest anti-discrimination law provides for the right to be free from discrimination in public accommodations regardless of family status and requires equal access to all businesses, including businesses that sell or rent property. The protection of the Unruh Act extends to arbitrary discrimination based on personal characteristics or traits.
• California's Ralph Act protects state residents from violence, intimidation by threat of violence and other hate crimes. It prohibits violence or threats of violence in rental housing situations, including houses, apartments, hotels, boarding housing and condominiums.
• The Bane Act prohibits interference with state residents constitutional or statutory rights through the use of force or threats. The law also protects against damage or destruction of property.

California enforcement agencies

The Fair Employment and Housing Commission

455 Golden Gate Ave., Suite 10600
San Francisco, CA 94102
415-557-2325.
Email: info@fehc.ca.gov

Promotes and enforces the civil rights of Californians against unlawful discrimination in employment, housing, and public accommodations, and hate violence and threats of violence.

Department of Fair Employment and Housing

The Department of Fair Employment and Housing protects Californians from unlawful discrimination in employment, housing and public accommodations, and from the perpetration of acts of hate violence.
To contact the department, call: 800-884-1684 or 916-478-7200. For housing discrimination matters, call 800-233-3212 or 510-622-2945. For hate violence matters, call 800-884-1684 or 916-478-7200. The department’s TTY is 800-700-2320.

Other California agencies

There are many other local government agencies and non-profit organizations in California that can help with housing discrimination complaints. You may download a list of California housing agencies (pdf).

About this publication

This is an updated version of the "Fair Housing: It's Your Right" series originally created by Consumer Action with funds from the U.S. Department of Housing & Urban Development. Other publications in the series include "Discrimination in Housing is Illegal" and "Know the Signs of Housing Discrimination." Chinese, Korean, Spanish and Vietnamese versions are available.
© Consumer Action 2006

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Keywords

Hud, Fighting Back Against Housing Discrimination, Fair Housing, It's Your Right, Fair Housing Act, Housing Discrimination Problems

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Consumer Action Housing Information Project

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Filed Under

Housing   ♦   Discrimination   ♦  

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© 2007 Consumer Action. Rights Reserved.