Fair Housing Act Complaint

FAIR HOUSING ACT DISCRIMINATION COMPLAINT

Table of Contents

1. Complainant Information
2. Respondent Information
3. Basis of Complaint
4. Statement of Facts
5. Legal Claims
6. Relief Requested
7. Declaration
8. State-Specific Notes
9. Practitioner Checklist

COMPLAINT OF HOUSING DISCRIMINATION

Filed with:
☐ U.S. Department of Housing and Urban Development (HUD)
☐ Local Fair Housing Agency: [NAME]
☐ United States District Court for the [____] District of [____]

Date: [__/__/____]

I. COMPLAINANT INFORMATION

Name: [FULL NAME]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Filing Status:
☐ Individual complainant
☐ Filing on behalf of another person: [NAME]
☐ Organization (fair housing testing or advocacy): [ORG NAME]

II. RESPONDENT INFORMATION

Respondent 1:

• Name: [LANDLORD / PROPERTY MANAGEMENT COMPANY / REAL ESTATE AGENT / LENDER]
• Address: [________________________________]
• Telephone: [________________________________]
• Role: ☐ Landlord ☐ Property manager ☐ Real estate agent/broker ☐ Lender ☐ HOA ☐ Other: [____]

Respondent 2 (if applicable):

• Name: [________________________________]
• Address: [________________________________]
• Role: [________________________________]

Property at Issue: [ADDRESS OF HOUSING IN QUESTION]

III. BASIS OF COMPLAINT

The Complainant alleges discrimination based on one or more of the following protected classes under 42 U.S.C. § 3604:

☐ Race
☐ Color
☐ Religion
☐ Sex (including sexual harassment and gender identity)
☐ Familial status (families with children under 18, pregnant persons)
☐ National origin
☐ Disability (physical or mental)

Type of Discriminatory Act:
☐ Refusal to rent or sell housing
☐ Discrimination in terms, conditions, or privileges of housing
☐ Discriminatory advertising or statements
☐ Refusal to make reasonable accommodation for disability
☐ Refusal to permit reasonable modification for disability
☐ Discriminatory lending / redlining (42 U.S.C. § 3605)
☐ Blockbusting (42 U.S.C. § 3604(e))
☐ Steering
☐ Harassment or hostile housing environment
☐ Retaliation or intimidation (42 U.S.C. § 3617)
☐ Other: [DESCRIBE]

Date(s) of Discrimination: [________________________________]

Is the discrimination ongoing? ☐ Yes ☐ No

IV. STATEMENT OF FACTS

Background

1. On or about [DATE], Complainant [applied for / was residing in / sought to purchase] housing at [PROPERTY ADDRESS].

2. Complainant is a member of the following protected class(es): [IDENTIFY].

Discriminatory Conduct

3. [DESCRIBE THE DISCRIMINATORY ACT IN DETAIL — what happened, who was involved, what was said or done]

4. [PROVIDE CHRONOLOGICAL ACCOUNT WITH DATES]

5. [DESCRIBE ANY COMPARATOR EVIDENCE — how similarly situated persons outside the protected class were treated differently]

Disability-Specific Allegations (if applicable)

6. Complainant has a disability as defined by 42 U.S.C. § 3602(h), specifically: [DESCRIBE FUNCTIONAL LIMITATIONS].

7. Complainant requested the following reasonable accommodation or modification:
   ☐ Accommodation (change in rules, policies, practices, or services): [DESCRIBE]
   ☐ Modification (physical alteration to the dwelling): [DESCRIBE]

8. Respondent's response to the request:
   ☐ Denied the request without justification
   ☐ Failed to respond
   ☐ Imposed unreasonable conditions
   ☐ Retaliated against Complainant for making the request

Prior Complaints and Reporting

9. Complainant reported the discrimination to:
   ☐ Respondent directly on [DATE]
   ☐ Local fair housing agency on [DATE]
   ☐ HUD on [DATE]
   ☐ No prior report filed

Harm Suffered

10. As a result of the discrimination, Complainant suffered:
    ☐ Denial of housing
    ☐ Constructive eviction / forced relocation
    ☐ Increased housing costs
    ☐ Emotional distress, humiliation, and embarrassment
    ☐ Loss of housing opportunity
    ☐ Physical harm
    ☐ Other: [DESCRIBE]

V. LEGAL CLAIMS

Count I: Violation of 42 U.S.C. § 3604

11. Respondent's conduct constitutes unlawful discrimination in the sale, rental, or provision of housing on the basis of [PROTECTED CLASS] in violation of 42 U.S.C. § 3604.

Count II: Failure to Accommodate / Modify (Disability Claims)

12. Respondent failed to make a reasonable accommodation or permit a reasonable modification necessary for Complainant to have equal opportunity to use and enjoy the dwelling, in violation of 42 U.S.C. § 3604(f)(3)(A)–(B).

Count III: Interference, Coercion, or Intimidation (42 U.S.C. § 3617)

13. Respondent interfered with, coerced, intimidated, or retaliated against Complainant for exercising rights protected by the Fair Housing Act.

Count IV: State and Local Fair Housing Law Violations

14. Respondent's conduct also violates [STATE FAIR HOUSING STATUTE] and [LOCAL ORDINANCE, if applicable].

VI. RELIEF REQUESTED

☐ Investigation by HUD or local fair housing agency
☐ Conciliation and resolution
☐ Order that Respondent cease discriminatory practices
☐ Compensatory damages for emotional distress and out-of-pocket losses
☐ Punitive damages (in federal court action)
☐ Civil penalties (in HUD administrative proceeding)
☐ Injunctive relief requiring Respondent to adopt non-discriminatory policies
☐ Reasonable attorney's fees and costs (42 U.S.C. § 3613(c)(2))
☐ Other: [DESCRIBE]

DECLARATION

I declare under penalty of perjury that the statements in this complaint are true and correct to the best of my knowledge, information, and belief.

Signature: _______________________________

Printed Name: [________________________________]

Date: [__/__/____]

STATE-SPECIFIC NOTES

California

• State Law: Cal. Gov't Code § 12955 (FEHA — Fair Employment and Housing Act); source-of-income discrimination prohibited
• SOL: 1 year administrative (DFEH); 2 years court action
• Damages: No cap on compensatory or punitive damages

Texas

• State Law: Tex. Prop. Code Ch. 301 (Texas Fair Housing Act) — mirrors federal FHA
• SOL: 1 year administrative; 2 years court action
• Agency: Texas Workforce Commission Civil Rights Division

Florida

• State Law: Fla. Stat. § 760.23 (Florida Fair Housing Act)
• SOL: 1 year administrative (FCHR); 2 years court action
• Agency: Florida Commission on Human Relations

New York

• State Law: N.Y. Exec. Law § 296(5) (Human Rights Law) — broader protections including source-of-income, lawful occupation, and additional classes
• City Law: NYC Human Rights Law (N.Y.C. Admin. Code § 8-107(5)) — very broad protections
• SOL: 1 year (Division of Human Rights); 3 years (court action under NYHRL)

PRACTITIONER CHECKLIST

☐ Identified protected class and type of discriminatory conduct
☐ Filed within 1 year (HUD) or 2 years (federal court) of discriminatory act
☐ Documented discriminatory conduct with specificity (dates, witnesses, statements)
☐ Obtained comparator evidence (testers, similarly situated individuals)
☐ Preserved documentary evidence (applications, correspondence, advertisements, leases)
☐ Identified federal funding or nexus (if asserting Title VI claims alongside FHA)
☐ Assessed disability accommodation/modification claims if applicable
☐ Evaluated retaliation claims under 42 U.S.C. § 3617
☐ Determined whether to file HUD complaint, state complaint, or federal lawsuit
☐ Considered fair housing testing to establish pattern of discrimination
☐ Assessed punitive damages viability for willful or egregious conduct

SOURCES AND REFERENCES

• 42 U.S.C. § 3601 et seq. — Fair Housing Act
• 42 U.S.C. § 3604 — Prohibited discriminatory housing practices
• 42 U.S.C. § 3613 — Private enforcement (2-year SOL)
• 42 U.S.C. § 3617 — Interference, coercion, intimidation
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) — disparate impact cognizable under FHA
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004)
• HUD/DOJ Joint Statement on Reasonable Modifications (2008)
• 24 C.F.R. Part 100 — HUD Fair Housing regulations