a person who has filed a claim of housing discrimination what legal course

Victims of housing discrimination don’t have to pursue their claims with a government agency. If you experience housing discrimination, you have the right to sue whoever discriminated against you in a state or federal court. Which court you sue in depends, of course, on the law that applies to your situation.

Full Answer

Can a victim of housing discrimination file a complaint at multiple levels?

In fact, a victim of housing discrimination might be able to file a complaint at more than one level. Federal law—specifically, the Fair Housing Act (FHA)—prohibits discrimination based on:

What are the laws for housing discrimination?

Laws at all levels of government—federal, state, county, and city—prohibit housing discrimination, and each set of laws has its own complaint processes and enforcement procedures. Discrimination by a housing provider (for example, a landlord) can violate the law at more than one government level.

Which court should you sue in a housing discrimination case?

Which court you sue in depends, of course, on the law that applies to your situation. Housing discrimination victims can often file a private lawsuit in addition to filing a complaint with HUD or the relevant state or local agency.

How do I file a complaint against HUD for discrimination?

Fill out and file an administrative complaint with HUD's Fair Housing Equal Opportunity Office (FHEO), which by law is supposed to investigate within 100 days of a filing. 1 You can call the Housing Discrimination Hotline at (800) 669-9777, print out a form and mail it to the nearest regional office, or file a complaint online.

What law bans discrimination in housing?

The Fair Housing ActThe Fair Housing Act prohibits discrimination in housing because of: Race. Color. National Origin.

What are the 7 personal characteristics that are protected by the Fair Housing Act?

The Fair Housing Act There are seven protected classes in the Act. Housing discrimination is prohibited based on: race; national origin; sex; religion; color; disability; and familial status.

Which agency has the lead role in administering the Fair Housing Act?

HUD's Office of Fair Housing and Equal Opportunity (FHEO) works to eliminate housing discrimination and promote civil rights and economic opportunity through housing. FHEO enforces fair housing laws. One of its roles is to investigate complaints of housing discrimination.

How long after a discriminatory action does an aggrieved party in a discrimination dispute have to bring a private enforcement action in state or federal district court?

How long after a discriminatory action does an aggrieved party in a discrimination dispute have to bring a private enforcement action in state or federal district court? The answer is two years.

What is legally protected status?

Protected Status is a Legally Defined Term Unlawful discrimination is conduct that denies or limits a person's full and equal access to participate in, or benefit from education and/or employment programs, services or activities because of decisions made on the basis of that person's protected status(es).

What is a protected class under the law?

What are the protected classes? Under federal law, employers cannot discriminate on the basis of race, color, national origin, religion, sex, age, or disability.

What is the name of the federal act that prohibits discrimination in all areas of granting credit?

The Equal Credit Opportunity Act makes it illegal for a creditor to discriminate in any aspect of credit transaction based on certain characteristics. In addition, the Fair Housing Act makes many discrimination practices in home financing illegal.

How do I report housing discrimination in California?

How does a person file a complaint of housing discrimination?Online by creating an account and using our interactive California Civil Rights System, CCRS. ... Call the Communication Center at 800-884-1684 (voice). ... Print and fill out a hard copy of the Intake Form form that matches your issue and send it:

What does the Department of Fair Employment and Housing do?

The mission of the DFEH is to protect the people of California from unlawful discrimination in employment, housing, businesses, and state-funded programs, and from bias-motivated violence and human trafficking.

How do you respond to a discrimination complaint?

When that includes discrimination, employees should:Verbally object to the behavior on the spot.Document what happened, who did it, who saw it, and how it made you feel. ... Follow your office's complaint procedure if it has one.Talk to your union representative if you have one and follow the union's grievance process.More items...•

What is the penalty for violating the Fair Housing Act?

The maximum civil penalties are: $16,000, for a first violation of the Act; $37,500 if a previous violation has occurred within the preceding five-year period; and $65,000 if two or more previous violations have occurred within the preceding seven-year period.

What can a federal judge award in a fair housing lawsuit?

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.

What are some examples of housing discrimination?

Housing discrimination can take many forms. Here are some examples of housing discrimination. Discrimination Isn’t Always Obvious – Example #1: John, who is a Black man, speaks to a prospective landlord on the phone about leasing an apartment. On the phone, the landlord seems eager to rent to John, but when John meets with ...

Why did John file a complaint with HUD?

John files a complaint with HUD because steering someone to a certain neighborhood because of his race is a form of race discrimination. Harassment Is A Form Of Discrimination: Learn more about harassment here. Jane has a Housing Choice Voucher (Section 8), but one month she falls behind on her portion of the rent.

Why was John denied an apartment?

John suspects that the real reason he was denied the apartment was because he is Black, so John files a complaint with HUD.

What is housing discrimination?

Housing discrimination refers to a person being denied housing due to their membership to a protected class, and not for any legitimate business reasons. Pregnancy. There are state and federal laws in place that make it illegal to deny someone housing based solely on the above mentioned characteristics.

What is a real estate broker acting on behalf of a contractor?

A real estate broker acting on behalf of a contractor publishes the availability of a newly built housing complex as being for white tenants only. In such cases, both the broker and the contractor would be engaging in discriminatory behavior;

What is the FHEO?

If you feel you have been discriminated against, it is important that you begin by filing a complaint with the Office of Fair Housing and Equal Opportunity (“FHEO”). The Office is part of the Department of Housing and Urban Development (“HUD”).

Can you retaliate against someone who filed a fair housing complaint?

Retaliate against someone who has filed a fair housing complaint, or assists in the investigation of a fair housing complaint. There are four major exceptions to the Fair Housing Act: Single family homes, as long as: The home is also rented or sold by the owner; The owner does not own more than three homes at a time;

Does FHA cover all classes?

However, it has since extended to cover all protected classes. The FHA applies to the following circumstances: Selling or renting real estate; Advertising real estate; Providing financial assistance for buyers or renters of real estate; Brokering or appraising real estate; Participating in real estate organizations;

Is the advertising for the sale or rental discriminatory?

The advertising for the sale or rental was not discriminatory; and. The owner did not use a real estate or broker. Rooms or units in a building with a maximum of four units, as long as the owner is living in one of those units; Rooms or units owned either directly or indirectly by a religious organization.

Can a landlord deny housing?

Landlords are allowed to deny housing on the basis of legitimate business reasons. A few examples of this include credit history, income, references from past landlords, and past behavior, such as damaging property. Housing discrimination refers to a person being denied housing due to their membership to a protected class, ...

What are the remedies for housing discrimination?

State law provides for a variety of remedies for victims of housing discrimination, including: Recovery of out-of-pocket losses. An injunction prohibiting the unlawful practice. Access to housing that the landlord denied you. Damages for emotional distress. Civil penalties or punitive damages.

Who is the respondent in a housing complaint?

The individual filing the complaint is the complainant, and the housing provider is the respondent. The investigative process includes gathering evidence from both sides, interviewing the parties and witnesses, and reviewing records. An investigation may be conducted on site and/or through telephone interviews.

How long can you file a complaint against DFEH?

The time limit for filing in court is two years from the date of the alleged discrimination.

What does DFEH not help with?

DFEH can help with: DFEH does not help with: Unequal terms or provisions of housing due to any protected basis. For example, a landlord who refuses to make repairs for tenants of a certain race. Harassment due to any protected basis.

What is the DFEH?

The Department of Fair Employment and Housing (DFEH) is responsible for enforcing state fair housing laws that make it illegal to discriminate because of a protected characteristic (see “What is Protected”). The law applies to landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, and others. The law prohibits discrimination in all aspects of the housing business, including: renting or leasing, sales, mortgage lending and insurance, advertising, practices such as restrictive covenants, and new construction.

How to contact DFEH?

From then on you can use the service to communicate with DFEH. Call the Communication Center at 800-884-1684 (voice). If you are deaf or hard of hearing, please call 800-884-1684 (voice or 711 relay operator) or 800-700-2320 (TTY) Via U.S. mail to any of DFEH’s office locations.

Does DFEH help with housing?

DFEH does not help people find housing. It can only help resolve landlord/tenant problems that involve discrimination or harassment due to race, sex, religion, national origin, disability, or another protected basis. DFEH can help with: DFE H does not help with:

What are the levels of government that prohibit discrimination?

Laws at all levels of government—federal, state, county, and city —prohibit housing discrimination, and each set of laws has its own complaint processes and enforcement procedures. Discrimination by a housing provider (for example, a landlord) can violate the law at more than one government level. In fact, a victim of housing discrimination might be ...

What department is responsible for fair housing?

Determining which laws apply to the facts of your case isn’t something you need to do on your own. The U.S. Department of Housing and Urban Development (HUD) has a list of federal fair housing resources as well as a list of state and local fair housing resources.

Why do people file lawsuits?

A major one is money. When federal and state governments pursue fair housing complaints, their main goal is to root out discrimination—not to seek payment for the people harmed.

Can you file a private suit against HUD?

Housing discrimination victims can often file a private lawsuit in addition to filing a complaint with HUD or the relevant state or local agency. Because filing a private suit requires knowledge of the law, court system, and procedure, it’s a good idea to consider hiring an attorney to represent you.

Who enforces fair housing laws in Texas?

For instance, in Texas, the Texas Workforce Commission is responsible for enforcing the state’s fair housing act. After finding the right state agency, you can contact the agency directly or visit the agency’s website to find out about how to file a complaint. Usually a county or city agency enforces local fair housing law.

Can you sue someone for housing discrimination?

Victims of housing discrimination don’t have to pursue their claims with a government agency. If you experience housing discrimination, you have the right to sue whoever discriminated against you in a state or federal court. Which court you sue in depends, of course, on the law that applies to your situation.

Can you file a complaint against a victim of housing discrimination?

In fact, a victim of housing discrimination might be able to file a complaint at more than one level. Federal law—specifically, the Fair Housing Act (FHA)—prohibits discrimination based on: race. color. religion. sex. disability. familial status, and. national origin.

Which case held that "racially restrictive covenants" in property deeds are unenforceable?

Kraemer (1948) This decision held that "racially restrictive covenants" in property deeds are unenforceable. In this case, the "covenants" were terms or obligations in property deeds that limited property rights to Caucasians, excluding members of other races. Jones v.

Can cities sue banks for Fair Housing?

Bank of America v. City of Miami (2017) The Court ruled that cities can sue banks over Fair Housing Act violations if they target minorities.

Is housing discrimination unreported?

Although this behavior is forbidden, housing discrimination occurs and is often unreported. However, there are times when it is reported and victims take their grievances to court. The U.S. Supreme Court has addressed violations under the FHA several times.

Is discrimination against housing illegal?

Housing discrimination is illegal under federal law via the Fair Housing Act of 1968 (FHA). Under the FHA, in the sale and rental of housing, property owners, landlords, and financial institutions may not take any of the following actions (or inaction) based on race, color, national origin, religion, sex, familial status, or disability/handicap:

How to file a complaint against HUD?

If you are the victim of prohibited discrimination, you may file a complaint with your state’s fair housing agency, local Fair Housing and Equal Opportunity (FHEO), or HUD three different ways: Call the HUD case managers toll-free (800) 669-9777 or TTY (800) 927-9275.

How long can an aggrieved person file a complaint with HUD?

Under 42 U.S.C. § 3610 (a), an "aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice.". Call the HUD case managers toll-free (800) 669-9777 or TTY (800) 927-9275.

How long does it take to file a lawsuit against a homeowners association?

The lawsuit must be filed within two (2) years of the most recent date of the alleged discriminatory action at the aggrieved person's expense.

What is a HUD conciliation agreement?

A HUD Conciliation Agreement is signed to resolve the HUD complaint; or. A HUD Administrative Law Judge has commenced an Administrative Hearing for the complaint. Additional information. The information provided on this page is designed to give community members basic information about the Fair Housing Act.

What is reasonable accommodations and modifications for people with disabilities?

Under Section 804 of the FHA and the Americans with Disabilities Act, community associations are required to allow reasonable accommodations or modifications for a person with a disability to have an equal opportunity to use and enjoy a dwelling.

What is a reasonable accommodation?

The Department of Justice provides the following definitions: Reasonable accommodation - A change, exception, or adjustment to a rule, policy, practice, or service. Reasonable modification - Structural changes to interiors and exteriors of dwellings and common and public use areas.

Does the FHA protect people who are a direct threat to the health or safety of others?

The law does not protect a person who is a direct threat to the health or safety of others or who currently uses illicit substances or illegal drugs. Additionally, because the FHA does not protect people that pose a “direct threat” to other residents, juvenile and sex offenders are exceptions to the prohibition.

Who is responsible for civil rights violations?

The complaint sets out certain facts and allegations, in an attempt to show that the opposing party (the "defendant (s)") is/are responsible for the civil rights violations alleged in the complaint, and for any harm suffered by the plaintiff as a result.

What to expect in a civil rights lawsuit?

What to Expect in a Lawsuit. A lawsuit for a civil rights violation will be filed and handled in civil court (federal or state civil court, as discussed above). In a civil case, the person claiming a civil rights violation (the "plaintiff") files a "complaint" with the court. The complaint sets out certain facts and allegations, ...

How long do you have to file a civil rights lawsuit?

an employee alleging discrimination) must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing any private lawsuit, and must do so within 180 days of the alleged offense. Only after receiving permission from the EEOC may individuals file alawsuit. This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred.

What to do if you have been a victim of a civil rights violation?

If you believe you have been the victim of a civil rights violation, you most likely have the option of filing a lawsuit against those responsible for any harm suffered as a result. Following are a few things to consider before filing a lawsuit for a civil rights violation -- including the requirement that you file a government claim before filing a lawsuit in some types of cases, the choice of where to file (federal or state court), and what to expect in a lawsuit.

What is a right to sue letter?

This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred. State agencies may also investigate a complaint for civil rights violations or discrimination, and may work alongside (or in place of) a federal agency.

What to do if you believe you have been violated?

If you believe you have suffered a civil rights violation,the best place to start is to speak with an experienced civil rights attorney. Important decisions related to your case can be complicated -- including which laws apply, whether you must file a claim with the government, and where you should file your lawsuit.

Is a complaint to the EEOC a dual filing?

As part of its standard procedure, that state agency will usually send the complaint to the EEOC at the federal level, so that it becomes a "dual filing.". An experienced civil rights attorney will be able to tell you whether filing a government claim will be necessary in your case. Thank you for subscribing!