The Fair
Housing Act prohibits discrimination in housing
because of:
| Race or color
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| National origin
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| Religion
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| Sex
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| 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
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| Refuse to negotiate for housing
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| Make housing unavailable
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| Deny a dwelling
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| Set different terms, conditions or
privileges for sale or rental of a dwelling
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| Provide different housing services or
facilities
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| Falsely deny that housing is available for
inspection, sale, or rental
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| For profit, persuade owners to sell or rent
(blockbusting) or
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| 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
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| 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:
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| 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
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| All units must have:
| An accessible route into and through the
unit
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| Accessible light switches, electrical
outlets, thermostats and other environmental
controls
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| Reinforced bathroom walls to allow later
installation of grab bars and
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| 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
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| A person who has legal custody of the child
or children or
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| 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
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| It is occupied solely by persons who are 62
or older or
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| 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
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| The name and address of the person your
complaint is against (the respondent)
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| The address or other identification to the
housing involved
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| A short description to the alleged violation
(the event that caused you to believe your
rights were violated)
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| 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
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| Tapes and brailed 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
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| Investigate your complaint and determine
whether there is reasonable cause to believe the
Fair Housing Act has been violated
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| 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 thebuyer 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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