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Reprinted from HUD's site:
Fair Housing--It's Your Right
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, 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 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 or
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 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.
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
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 and
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
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 leqal
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 ot the housing involved
A short description ot the alleged violation (the event that caused you to believe your
rights
were violated)
The date(s) ot 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 Ouickly?
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.
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 ALJ, 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 reasonabie
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.
Contact us for further information.
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