Federal Protections Against Housing Discrimination (The Fair Housing Act)

Collect all the evidence you have related to the discrimination. This includes any emails, documents, or other evidence that you have from the individuals or organizations involved.

Generally, it will be helpful if you are prepared to provide: 

• A timeline of events, starting with the first contact you had with the discriminating person or organization; 
• The locations of events; 
• Any people who were present when discriminating events occurred; 
• Any other people who might have information related to your complaint or experience; and 
• Any relevant documents. 

Fill out a Fair Housing Discrimination Complaint Form - HUD Form 903. This form includes information about the nature of the discrimination and the individuals or organizations involved.

Contact the Department of Housing and Urban Development (HUD). HUD is the agency responsible for ensuring federal fair housing laws are being followed. HUD begins the investigation process shortly after getting a complaint. You must file your complaint within one year of the last date of the alleged discrimination, but it is better to do it as soon as possible. 

You can file a complaint online, by mail, by email, or in person with the local fair housing agency.

When you file possible discrimination, HUD checks whether a formal complaint can get filed under a federal fair housing law. HUD may interview the person wanting to file a formal complaint. If HUD finds that a fair housing law was violated, HUD will draft a formal complaint, then have the filing person review and sign the complaint, and notify the parties that a complaint has been filed. 

As part of HUD's Fair Housing Assistance Program (FHAP), HUD may refer a fair housing complaint to a state or local government agency for investigation.
In certain circumstances, HUD may initiate a compliance review based on the information submitted in a complaint.

When you are successful in filing a formal complaint, HUD investigates the allegations. HUD will assign one or more investigators to investigate the allegations made in the complaint. HUD will provide notice to the person or organization that has been named in the complaint and allow them an opportunity to respond to the allegation. HUD may gather evidence in many ways, including interviewing parties and witnesses, getting documents, and inspecting properties. 

After completing the investigation, HUD will send you a written report of its findings. 

At any time, the parties to a complaint can resolve the issue under terms that are satisfactory to the parties and HUD. 

Throughout the investigation, HUD will try to help the parties resolve the complaint through an agreement. Any agreement is voluntary; no party is required to accept an offer. If the parties agree, HUD will prepare an agreement for signature. Following a signed agreement, HUD will close the investigation and monitor compliance with the agreement.

Depending on the authorities that apply to the complaint, HUD may resolve the investigation through a document called a Conciliation Agreement, a Voluntary Compliance Agreement, or both.

HUD will take appropriate legal action to enforce the law. The government may bring a Fair Housing Act or other civil rights case based on the findings of a HUD investigation. Examples of possible outcomes in such cases can include compensation for victims, changes to policies and procedures, and training.

When the government brings legal action, it does not charge any fees or costs to individuals who are alleging discrimination.

Cases before HUD Administrative Law Judges are handled by HUD's Office of General Counsel, and cases in the federal courts are handled by the U.S. Department of Justice.

HUD issues a determination of whether there is reasonable cause to believe discrimination occurred. HUD issues this determination at the end of the investigation when it gets completed. Notice goes out about the Determination of Reasonable Cause and Charge of Discrimination. All parties have twenty (20) days to decide whether to go to a Federal District Court Judge when they get notice. If no one goes to the Federal District Court Judge with the notice then the case may get heard by a HUD Administrative Law Judge (ALJ). 

All parties have twenty days after they get a reasonable cause notice to go to a Federal Court Judge. At the end of twenty days, HUD may schedule a hearing before a HUD Administrative Law Judge (ALJ). During a hearing, both parties have the right to appear in person. Parties may choose to get represented by legal counsel. At the hearing, parties have the opportunity to present evidence. They can cross-examine witnesses. Parties may conduct discovery of evidence. At the conclusion of the hearing, the ALJ will issue a decision based on findings of fact and conclusions of law. The ALJ determines whether a Fair Housing Act violation happened. The ALJ may order the following relief:

• Compensation for your actual damages, including out-of-pocket expenses and emotional distress damages.

• Permanent injunctive relief, such as an order not to discriminate.

• Appropriate equal relief, such as making housing available to you.

• Payment of reasonable attorney's fees if you hired a private attorney.

• Payment of a civil penalty to vindicate the public interest.

HUD attorneys get assigned to represent you during the ALJ hearing at no cost. You may choose to intervene in the case and keep your own attorney.

A party may elect to go to a federal civil trial. HUD must refer your case to the U.S. Department of Justice (DOJ) for enforcement. The U.S. DOJ may file a civil lawsuit on your behalf. The lawsuit gets filed in the U.S. District Court in the district where the act happened. Either party may request a jury trial and both parties have the right to appear in person. Both parties may have representation by legal counsel. You may choose to intervene in the case and get your own attorney. Both parties may present evidence and participate in the discovery of evidence. Both parties may cross-examine witnesses. If the Federal Court decides in your favor, a Judge or jury may order the following relief:

• Compensation for actual damages, including out-of-pocket expenses and emotional distress damages.
• Permanent injunctive relief, such as an order not to discriminate.
• Appropriate equal relief, such as making housing available to you.
• Payment of reasonable attorney's fees if you hired a private attorney.
• Payment of punitive damages.

You may have your complaint dismissed with a Determination of No Reasonable Cause. HUD finds that there is no reasonable cause to believe discrimination occurred. HUD notifies the parties of the dismissal. You may request a copy of the Final Investigative Report.

There is no formal appeal process for complaints dismissed by HUD. If your complaint gets dismissed then you may submit a written request for reconsideration review. Send your written request to: Director, FHEO Office of Enforcement, U.S. Department of Housing and Urban Development, 451 7th Street, SW, Room 5226, Washington, DC 20410-2000.

You may file a private civil lawsuit, even if you have already filed a complaint with HUD. You have two years to file your lawsuit based on the time of the most recent discriminatory act. If you file with HUD and your complaint is processing or is getting investigated you may have more time. This time is not counted in the 2-year filing period. To file your lawsuit, you may have to find an attorney. The court may appoint an attorney if you can't afford one. You may not be able to file a federal private civil lawsuit in certain situations. This includes if:

• You have already signed a HUD Conciliation Agreement to resolve your HUD complaint.

• A HUD Administrative Law Judge has started a hearing for your complaint.

If you could lose your home due to discrimination, HUD may be able to assist you during the investigation. You must tell your HUD investigator as soon as possible. You must believe you may lose your home due to unlawful discrimination.

If you file a fair housing complaint that also alleges a violation of Title VI, Section 504, the ADA, or other civil rights laws HUD enforces, some additional HUD procedures apply including: 

• Process to Resolve a Complaint
• Informal Resolution and Voluntary Compliance
• Letter of Findings
• Request for Review of Letter of Findings in Section 504 Complaint
• If Voluntary Compliance Cannot Be Achieved