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Equal Housing

Equal Housing

Equal Housing and the Fair Housing Act

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

  • 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)

  • 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 Mortgage Lending

No one may take any of the following actions based on race, color, national origin, religion, sex, familial status, or handicap (disability):

  • Refuse to make a mortgage loan

  • Refuse to provide information regarding loans

  • Impose different terms or conditions on a loan, such as different interest rates, points, or fees

  • Discriminate in appraising property

  • Refuse to purchase a loan

  • Set different terms or conditions for purchasing a loan


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 applies even 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:

  • Has a physical or mental disability (including hearing, mobility, and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS-related complex, and intellectual disabilities) that substantially limits one or more major life activities

  • Has a record of such a disability

  • Is 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 person with a disability to use the housing (where reasonable, the landlord may require you 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 person with a disability to use the housing

Examples:

  • A building with a “no pets” policy must allow a visually impaired tenant to keep a guide dog

  • An apartment complex that offers unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment

Note: 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

  • All units must have:

    • An accessible route into and through the unit

    • Accessible light switches, electrical outlets, thermostats, and other environmental controls

    • Reinforced bathroom walls to allow later installation of grab bars

    • Kitchens and bathrooms usable by people in wheelchairs

If a building with four or more units has no elevator, these standards apply only to ground floor units.

These requirements do not replace 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 where one or more children under 18 live with:

  • A parent

  • A person who has legal custody of the child or children

  • The designee of the parent or legal custodian, with written permission

Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

Exemptions:
Housing for older persons is exempt from the prohibition against familial status discrimination if:

  • The HUD Secretary has determined it is specifically designed for and occupied by elderly persons under a federal, state, or local government program

  • It is occupied solely by persons 62 or older

  • It houses at least one person 55 or older in at least 80% of the occupied units and has a policy demonstrating an intent to house persons 55 or older

A transition period permits residents on or before September 13, 1988, to continue living in the housing, regardless of age.



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, you can:

  • Download and submit the Housing Discrimination Complaint Form

  • Submit a complaint online

  • Write a letter to HUD

  • Call your nearest HUD office

You have one year after an alleged violation to file a complaint, but you should file it as soon as possible.

What to Tell HUD:

  • Your name and address

  • The name and address of the person or entity your complaint is against

  • The address or other identification of the housing involved

  • A short description of the alleged violation

  • The date(s) of the alleged violation



Where to Write or Call

Send your complaint to the HUD office nearest you, or call that office directly.

If You Are Disabled, HUD Provides:

  • A toll-free TTY phone for the hearing impaired: 1-800-927-9275

  • Interpreters

  • Tapes and braille materials

  • Help reading and completing forms



What Happens When You File a Complaint?

HUD will notify you when it receives your complaint. Normally, HUD will also:

  • Notify the alleged violator (respondent) and allow them to respond

  • Investigate your complaint to determine whether there is reasonable cause to believe the Fair Housing Act was violated

  • Notify you if the investigation cannot be completed within 100 days


Conciliation

HUD will try to reach an agreement with the respondent. A conciliation agreement must protect you and the public interest. If one is signed, HUD will take no further action. If the agreement is breached, HUD may recommend that the Attorney General file suit.

Complaint Referrals

If HUD determines that your state or local agency has equivalent fair housing powers, your complaint may be referred. That agency must begin work within 30 days, or HUD may take the case back.


What If You Need Help Quickly?

HUD may act quickly to stop serious issues caused by a Fair Housing Act violation. HUD may authorize the Attorney General to seek temporary relief if:

  • Irreparable harm is likely without action

  • There is substantial evidence of a violation

Example:
A builder agrees to sell a house, but after learning the buyer is Black, backs out. The buyer files a HUD complaint. HUD may authorize legal action to prevent the home from being sold to someone else during the investigation.


What Happens After an Investigation?

If HUD finds reasonable cause to believe discrimination occurred, it will notify you. Your case will be heard in an administrative hearing within 120 days, unless you or the respondent choose Federal district court.

There is no cost to you.



The Administrative Hearing

HUD attorneys will represent you. You may also intervene and bring your own attorney. If the judge finds discrimination occurred, the respondent may be ordered to:

  • Compensate you for actual damages (e.g., humiliation, pain and suffering)

  • Provide injunctive relief (e.g., make housing available)

  • Pay a civil penalty (up to $10,000 for a first violation; $50,000 for a third within seven years)

  • Pay reasonable attorney’s fees and costs



Federal District Court

If either party chooses federal court, the Attorney General will file suit and represent you. The court may order:

  • Relief

  • Actual damages

  • Attorney’s fees and costs

  • Punitive damages



You May File Suit

You may file your own lawsuit in federal or state court within two years of the alleged violation. You may do this even after filing a HUD complaint, as long as no conciliation agreement has been signed and no administrative hearing has begun.

If you can’t afford an attorney, the court may appoint one. The court may award actual and punitive damages, as well as attorney’s fees and costs.



Other Tools to Combat Housing Discrimination

If someone fails to comply with an ALJ’s order, HUD may seek enforcement in a U.S. Court of Appeals.

The Attorney General may also file suit in federal district court if there is reason to believe a pattern or practice of housing discrimination exists.



For Further Information

 

The Fair Housing Act and HUD’s regulations contain more detail. If you need a copy, contact the HUD office nearest you or visit:
www.hud.gov/fairhousing