Fair Housing is Your Right
The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing. Landlords, home sellers, and lenders are prohibited from discriminating against anyone because they belong to one of the protected classes. The protected classes are race, color, national origin, religion, sex, disability and the presence of children.
An example of discrimination is if someone refuses to rent you a home, sell you a home, or provide financing for a home because you are in one of the protected classes.
If you feel you have been discriminated against because you are in one of the protected classes, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). To file a complaint, you will need to complete the Housing Discrimination Complaint Form either on line (Click Here) or through the mail. You may also write HUD a letter, or call 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.
The HUD office nearest to Wyoming is the Denver Regional Office of FHEO, U.S. Department of Housing and Urban Development, 1670 Broadway, Denver, CO 80202-4801
TTY (415) 436-6594
Step 1: 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 to the alleged violation (the event that caused you to believe your rights were violated)
- The date(s) to the alleged violation
Step 2: Where to write or call:
Send the Housing Discrimination Complaint Form or a letter to the Denver HUD Office or call that office directly.
If you are disabled:
HUD also provides:
- A toll-free TTY phone for the hearing impaired: 1-800-927-9275
- 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 that the Fair Housing Act has been violated.
- Notify you if it cannot complete an investigation within 100 days of receiving your complaint.
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.
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 befin 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 our 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 outhorize 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 the discrimination occurred, the respoindent can be ordered:
- to compensate your 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 $16,000 for a first violation and $70,000 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.
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 the U.S. Court of Appeals.
The Attorney General may file a suit in a Federal District Curt if there is reasonable cause to believe a pattern or practice of housing discrimination ijs 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 (see address above).
This information is from HUD's website, www.HUD.gov