Fair Housing Act Complaint - Alabama

FAIR HOUSING ACT COMPLAINT — ALABAMA

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Civil Action No.: [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the Alabama Fair Housing Law (Ala. Code § 24-8-1 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. § 3604); and
3. Failure to Make Reasonable Accommodation / Modification (Ala. Code § 24-8-7(g); 42 U.S.C. § 3604(f)) [include only if disability is alleged].

DEMAND FOR JURY TRIAL

Plaintiff alleges as follows:

I. PARTIES

1.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of [CITY, COUNTY], Alabama, and is an "aggrieved person" within the meaning of Ala. Code § 24-8-3 and 42 U.S.C. § 3602(i). Plaintiff is a member of one or more protected classes, namely [race / color / religion / sex / familial status / national origin / handicap (disability)].

1.2. Defendant. Defendant [DEFENDANT NAME] ("Defendant") is [an individual / a corporation / an LLC / a partnership] that, at all relevant times, owned, managed, operated, leased, sold, or had the right to sell, lease, or rent the dwelling(s) at issue, and is a person subject to the Alabama Fair Housing Law and the federal Fair Housing Act.

1.3. Additional / Individual Defendant. Defendant [NAME] is [a property manager / leasing agent / real estate broker / owner / lender] who personally participated in the discriminatory conduct alleged and is sued individually.

1.4. Fictitious Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants designated as Fictitious Defendants A through E and will amend this Complaint to allege their true names and capacities when ascertained, pursuant to Ala. R. Civ. P. 9(h).

II. JURISDICTION AND VENUE

2.1. This Court has subject-matter jurisdiction over Plaintiff's Alabama Fair Housing Law claims and concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

2.2. Venue is proper in [COUNTY] County under the route selected for each Defendant and claim. For an individual defendant in a personal action, Ala. Code § 6-3-2(a)(3) uses the defendant's Alabama permanent residence or the county of the complained-of act or omission. For a corporate defendant, select and plead an actual § 6-3-7(a) route. The dwelling's location alone is not a universal substitute for those claim- and defendant-specific elements.

2.3. Property at issue: [ADDRESS OF DWELLING].

III. FACTUAL ALLEGATIONS

3.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / inquired about] the dwelling located at [PROPERTY ADDRESS].

3.2. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., race (Black/African American); national origin; familial status (household with children under 18); disability].

Nature of the discriminatory housing practice (check all that apply):

☐ Refusal to rent or sell the dwelling, or refusal to negotiate, or otherwise making the dwelling unavailable, because of Plaintiff's protected class (Ala. Code § 24-8-4(1); 42 U.S.C. § 3604(a));

☐ Discriminatory terms, conditions, or privileges of the sale or rental, or in the provision of services or facilities (Ala. Code § 24-8-4(2); 42 U.S.C. § 3604(b));

☐ Discriminatory notice, statement, or advertising indicating a preference, limitation, or discrimination (Ala. Code § 24-8-4(3); 42 U.S.C. § 3604(c));

☐ Misrepresentation that a dwelling was unavailable when in fact it was available (Ala. Code § 24-8-4(4); 42 U.S.C. § 3604(d));

☐ Steering Plaintiff toward or away from a dwelling or area because of protected class;

☐ Blockbusting (Ala. Code § 24-8-4(5); 42 U.S.C. § 3604(e));

☐ Refusal to make a reasonable accommodation or to permit a reasonable modification for a disability (Ala. Code § 24-8-7(g); 42 U.S.C. § 3604(f)(3));

☐ Discrimination in a residential real estate-related transaction (financing, appraisal, or brokerage) (Ala. Code § 24-8-6; 42 U.S.C. § 3605);

☐ Harassment or hostile housing environment based on protected class;

☐ Retaliation, coercion, interference, or intimidation for exercising fair-housing rights (42 U.S.C. § 3617).

3.3. Specific conduct. [DESCRIBE WHAT HAPPENED — who said or did what, when, and where: [________________________________]].

3.4. Chronology. [PROVIDE DATED ACCOUNT: [________________________________]].

3.5. Comparator evidence. Similarly situated persons outside Plaintiff's protected class(es) were treated more favorably, specifically [________________________________].

3.6. Disability-specific allegations (if applicable). Plaintiff has a disability/handicap within the meaning of Ala. Code § 24-8-3 and 42 U.S.C. § 3602(h), specifically [________________________________]. Plaintiff requested the following reasonable accommodation or modification on or about [__/__/____]: [________________________________]. Defendant's response was:

☐ Denied the request without justification
☐ Failed to respond
☐ Imposed unreasonable conditions
☐ Retaliated against Plaintiff for making the request

3.7. Harm. As a direct and proximate result, Plaintiff suffered [denial of housing / increased housing costs / relocation and moving expenses / storage costs / emotional distress, humiliation, and mental anguish / loss of housing opportunity / other: [________________________________]].

IV. COUNT I — VIOLATION OF THE ALABAMA FAIR HOUSING LAW (Ala. Code § 24-8-1 et seq.)

4.1. Plaintiff incorporates Paragraphs 1.1 through 3.7 as though fully set forth.

4.2. The Alabama Fair Housing Law makes it unlawful to discriminate in the sale, rental, or financing of a dwelling, or in the terms, conditions, or privileges thereof, because of race, color, religion, sex, familial status, national origin, or handicap (Ala. Code § 24-8-4; § 24-8-6).

4.3. Defendant engaged in one or more unlawful discriminatory housing practices against Plaintiff because of Plaintiff's protected class, as set forth above.

4.4. As a direct and proximate result, Plaintiff suffered actual damages, including economic loss and emotional distress. Ala. Code § 24-8-14(b) permits a court to award actual and punitive damages and appropriate injunctive or other relief. It permits court costs and reasonable attorney's fees to a prevailing party only if, in the court's opinion, that party is not financially able to assume the attorney's fees. Civil penalties under Ala. Code § 24-8-13(l) belong to the ADECA administrative-hearing route, not this private civil action.

V. COUNT II — VIOLATION OF THE FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604)

5.1. Plaintiff incorporates Paragraphs 1.1 through 3.7 as though fully set forth.

5.2. The federal Fair Housing Act, 42 U.S.C. § 3604, makes it unlawful to refuse to sell or rent, to discriminate in the terms or conditions of, to make discriminatory statements about, or to otherwise make unavailable a dwelling because of race, color, religion, sex, familial status, national origin, or handicap.

5.3. Defendant's conduct, described above, violated 42 U.S.C. § 3604 (and, as applicable, § 3605 and § 3617).

5.4. Discriminatory intent may be shown by direct or circumstantial evidence, and liability may also rest on a disparate-impact theory. Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

5.5. If a discriminatory housing practice is found, the court may award actual and punitive damages and appropriate injunctive or other relief under 42 U.S.C. § 3613(c)(1); the court may, in its discretion, allow the prevailing party reasonable attorney fees and costs under § 3613(c)(2).

VI. COUNT III — FAILURE TO MAKE REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

[Include this Count only if a disability/handicap accommodation or modification is at issue.]

6.1. Plaintiff incorporates Paragraphs 1.1 through 3.7 as though fully set forth.

6.2. Under Ala. Code § 24-8-7(g) and 42 U.S.C. § 3604(f)(3), it is discriminatory to refuse to make reasonable accommodations in rules, policies, practices, or services, or to refuse to permit reasonable modifications, when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.

6.3. Plaintiff's requested accommodation/modification was reasonable and necessary, and Defendant's refusal denied Plaintiff equal opportunity to use and enjoy the dwelling.

6.4. As a direct and proximate result, Plaintiff suffered the damages described herein.

VII. DAMAGES

7.1. Actual / economic damages: out-of-pocket losses, alternative-housing costs, moving and storage expenses, increased rent or financing costs, and other pecuniary losses.

7.2. Emotional-distress damages: humiliation, mental anguish, embarrassment, anxiety, and loss of dignity.

7.3. Punitive damages: under 42 U.S.C. § 3613(c) for intentional, malicious, or reckless conduct (subject to Alabama's punitive-damages framework where a state-law theory is the vehicle).

7.4. Civil penalties are not requested in this private action. An ADECA administrative panel may assess a civil penalty under Ala. Code § 24-8-13(l), and a federal administrative law judge may assess a civil penalty under 42 U.S.C. § 3612(g). The private civil-action remedies in Ala. Code § 24-8-14(b) and 42 U.S.C. § 3613(c) do not include civil penalties.

7.5. Attorney's fees and costs: in the court's discretion under 42 U.S.C. § 3613(c)(2), and under Ala. Code § 24-8-14(b) only if the prevailing party, in the court's opinion, is not financially able to assume the attorney's fees.

7.6. Pre- and post-judgment interest as allowed by law.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as supported by the pleaded claims, applicable law, and proof, as follows:

• A. For actual and compensatory damages (economic and emotional distress) according to proof;
• B. For punitive damages under 42 U.S.C. § 3613(c);
• C. For a declaratory judgment that Defendants' conduct violated the Alabama Fair Housing Law and the federal Fair Housing Act;
• D. For injunctive relief ordering Defendants to cease the discriminatory practices, to make the dwelling (or a comparable dwelling) available to Plaintiff, and to adopt non-discriminatory policies and training;
• E. For reasonable attorney's fees and costs to the extent authorized by the applicable claim and the required statutory findings;
• F. For pre- and post-judgment interest; and
• G. For such other and further relief as the Court deems just and proper.

IX. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right.

X. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Alabama that I have read the foregoing Complaint and that the factual allegations are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Alabama.

[________________________________]
[PLAINTIFF NAME]

XI. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (Ala. Bar No. [________])
Attorney for Plaintiff
[Firm Name]
[Address] · [City, AL ZIP]
Telephone: [____] · Email: [____]

XII. REQUEST FOR SERVICE OF PROCESS

Plaintiff files this Complaint with the Clerk by [AlaFile / hand delivery / permitted mail filing]. Plaintiff requests that the Clerk issue a summons for each Defendant and arrange service of the summons with a copy of the filed Complaint under Ala. R. Civ. P. 4. Filing through AlaFile alone does not establish service of original process.

Preserve the return or other proof of service in the court record.

Alabama Practice Notes

• State statute. The Alabama Fair Housing Law, Ala. Code § 24-8-1 et seq. (Acts 1991, No. 91-659), closely mirrors the federal Fair Housing Act. Protected classes are race, color, religion, sex, familial status, national origin, and handicap (disability) (Ala. Code § 24-8-4) — the same seven federal classes (Alabama does not add source-of-income, sexual orientation, or gender identity by statute).
• Prohibited practices. § 24-8-4 prohibits refusal to sell/rent, discriminatory terms, discriminatory advertising, misrepresentation of availability, steering, and blockbusting; § 24-8-6 reaches residential real-estate-related transactions (financing/brokerage); § 24-8-7(g) defines disability discrimination to include refusal of reasonable modifications/accommodations and failure to meet design-and-construction accessibility standards.
• State enforcement routes. The state administrative process runs through the Alabama Department of Economic and Community Affairs (ADECA). An aggrieved person may also bring a civil action under Ala. Code § 24-8-14(a). If a party timely elects a civil action after ADECA orders a hearing, § 24-8-13(c)(2) directs ADECA to commence and maintain that action on behalf of the aggrieved person. Do not describe § 24-8-14 as a general Attorney General enforcement provision.
• Administrative charge vs. direct suit.
• State administrative: A written, verified complaint must generally be filed with ADECA within 180 days after the alleged practice (Ala. Code § 24-8-12(b)). After an order for hearing, a party has 20 days after receiving the notice to elect a civil action, and ADECA must commence that action within 30 days after the election (§ 24-8-13(c)(2)). Section 24-8-14(a) generally gives an aggrieved person one year after the practice to sue directly; after ADECA dismissal, § 24-8-13(b) permits suit within 90 days after dismissal or within one year after the alleged violation, whichever is later.
• Federal FHA: A HUD administrative complaint must be filed within one year (42 U.S.C. § 3610(a)); a private civil action under 42 U.S.C. § 3613 must be filed within two years of the discriminatory practice (tolled during HUD processing). The federal two-year private-suit window is longer than the state law's one-year window — plead carefully and preserve the longer federal limitations period.
• Remedies. Separate the forum-specific remedies. Private civil actions under Ala. Code § 24-8-14(b) and 42 U.S.C. § 3613(c) may seek actual and punitive damages and appropriate injunctive relief; federal fees and costs are discretionary, while the state fee route additionally requires the financial-inability finding in § 24-8-14(b). Civil penalties belong to an ADECA administrative order under § 24-8-13(l) or a HUD administrative order under 42 U.S.C. § 3612(g), not the private complaint's prayer.
• Disparate impact. Disparate-impact liability is cognizable under the FHA. Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction and permits removal under 28 U.S.C. § 1441. If state court is preferred, consider pleading the state count alone (but note the shorter state limitations period and limited state-court fair-housing case law).
• Unsettled / flag. Alabama appellate case law construing the Alabama Fair Housing Law is sparse; courts look to federal FHA authority for guidance. Verify the precise limitations windows in §§ 24-8-12 through 24-8-14 and the current ADECA process before filing, and confirm whether to anchor the matter in state administrative, HUD administrative, or direct judicial channels.

Sources and References

• Ala. Code §§ 24-8-12 through 24-8-14 (administrative complaint, hearing/election, civil action, and remedies) — Alabama Legislature, Code of Alabama — https://alison.legislature.state.al.us/code-of-alabama?section=24-8-12
• Ala. Code § 24-8-4 (unlawful discriminatory housing practices); § 24-8-7 (exemptions; reasonable accommodation/modification; accessibility) — https://codes.findlaw.com/al/title-24-housing/
• Alabama Department of Economic and Community Affairs (ADECA) — fair housing complaints — https://adeca.alabama.gov/
• 42 U.S.C. § 3612 (federal administrative enforcement and penalties) — https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3612&num=0&edition=prelim
• 42 U.S.C. § 3613 (private civil action and remedies) — https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3613&num=0&edition=prelim
• U.S. Department of Housing and Urban Development (HUD) — file a complaint — https://www.hud.gov/
• Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)

Disclaimer: This template is for informational purposes only and does not constitute legal advice. Alabama's ADECA administrative complaint, direct state civil action, federal HUD complaint, and federal private action have different deadlines and remedies. An attorney licensed in Alabama must review and customize this document before filing.