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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:
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:
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.
www.hud.gov
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