FHA – If You Think Your Rights Have Been Violated

 

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 may fill out a Housing Discrimination Complaint form (which will be available for downloading soon!), write HUD a letter, or telephone the HUD Hotline. 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 of the housing involved

       A short description of the alleged violation (the event that caused you to believe your rights were violated)

       The date(s) of the alleged violation

 

Where to Write:

Send the Housing Discrimination Complaint Form or a letter to the HUD office nearest you or to:

      Office of Fair Housing and Equal Opportunity
      U. S. Department of Housing and Urban Development
      Room 5204
      Washington, D.C. 20410-2000

 

Where to Call:

If you wish, you may use the toll-free Hotline number: 1-800-669-9777

 

If You Are Disabled:

HUD also provides

       a toll-free TDD 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:

       Irreparable harm is likely to occur without HUD s intervention

       There is substantial evidence that a violation of the Fair Housing Act occurred

 

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 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 (ALJ) will consider evidence from you and the respondent. If the ALJ 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.

 

Back to FHA’s page to find more topics of interest

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