Fair Housing Act Complaint - District of Columbia

DISTRICT OF COLUMBIA FAIR HOUSING COMPLAINT (D.C. HUMAN RIGHTS ACT)

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — D.C. Human Rights Act (D.C. Code § 2-1402.21, § 2-1402.61)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. District of Columbia Practice Notes
15. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Case No. [____]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF — HOUSING DISCRIMINATION

1. Violation of the D.C. Human Rights Act (D.C. Code § 2-1402.21);
2. [If the federal coverage gates are satisfied] Violation of the Federal Fair Housing Act (42 U.S.C. §§ 3604, 3605, 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification.

DEMAND FOR JURY TRIAL

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of the District of Columbia. Plaintiff claims to be aggrieved within the meaning of D.C. Code § 2-1403.16 and possesses one or more protected traits under the D.C. Human Rights Act, specifically: [PROTECTED TRAIT(S)]. [For a retained federal count: Plaintiff is also an “aggrieved person” under 42 U.S.C. § 3602(i) because Plaintiff [was injured / believes Plaintiff will be injured] by the pleaded discriminatory housing practice.]

2.2. Defendant Owner / Housing Provider. Defendant [DEFENDANT NAME] ("[SHORT NAME]") is, and at all relevant times has been, a [corporation / limited liability company / partnership / individual] that owns, operates, manages, and/or leases the real property at issue and engaged in the transaction in real property described below.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee / agent] of [SHORT NAME] acting within the course and scope of that agency, and is sued individually.

2.4. Additional Defendants. Defendant [BROKER / SALESPERSON / LENDER / APPRAISER] is named with respect to [brokerage services / financing / appraisal / other real estate-related transaction] under D.C. Code § 2-1402.21(a)(3) or (a)(7). [For a § 3605 count: plead facts showing that this Defendant's business includes residential real-estate-related transactions and identify the covered transaction.]

2.5. The Subject Real Property. The housing at issue is located at [PROPERTY ADDRESS], Washington, D.C. ("the Property").

2.6. Federal dwelling and exemption gate. [Retain only if federal counts are pleaded.] The Property is a “dwelling” under 42 U.S.C. § 3602(b) because [facts showing it is occupied as, or designed or intended for occupancy as, a residence / qualifying vacant land]. Plaintiff investigated the possible exemptions in 42 U.S.C. §§ 3603(b) and 3607 and alleges that no exemption defeats the retained federal claim because [owner/entity status, number and type of units, owner occupancy, broker/agent use, commercial purpose, housing-for-older-persons facts, and other relevant facts]. [Section 3603(b) does not exempt a § 3604(c) advertising/statement claim, but plead the facts supporting that specific claim.]

3. JURISDICTION AND VENUE

3.1. Subject-matter jurisdiction. This Court has jurisdiction over the D.C. Human Rights Act claims pursuant to D.C. Code § 2-1403.16, which authorizes any person claiming to be aggrieved by an unlawful discriminatory practice to file a private cause of action in a court of competent jurisdiction for damages and other appropriate relief, and pursuant to D.C. Code § 11-921.

3.2. Federal claims. [Retain only if federal counts are pleaded.] This Court has jurisdiction over the parallel federal Fair Housing Act claims because 42 U.S.C. § 3613(a)(1)(A) permits an aggrieved person to sue in an appropriate United States district court or State court.

3.3. Venue. Venue is proper in the District of Columbia because the discriminatory practice occurred in the District and the Property is located in the District.

3.4. Administrative status and timeliness.

• [ROUTE A — DIRECT PRIVATE ACTION WITHOUT OHR:] Plaintiff did not file this complaint with OHR. The alleged unlawful discriminatory act or its discovery occurred on [DATE], and this private action is filed within the general 2-year period in D.C. Code § 2-1403.16(b)(1). [For a federal count, separately plead timeliness under 42 U.S.C. § 3613(a), including the occurrence-or-termination date and any federal administrative tolling.]
• [ROUTE B — PRE-COMPLETION WITHDRAWAL OR QUALIFYING DISMISSAL:] Plaintiff timely filed with OHR on [DATE], OHR No. [____]. Plaintiff [submitted a written withdrawal before OHR completed its investigation / received an OHR dismissal for lack of jurisdiction, no probable cause, or administrative convenience]. OHR served its notice of right to file a civil action on [DATE]. This action is filed no later than 90 days after that service or within the remaining general limitations period, whichever is longer, under D.C. Code § 2-1403.16(b)-(c).
• [ROUTE C — RESIDENTIAL PROBABLE-CAUSE ELECTION; DO NOT USE THIS TEMPLATE AS THE INITIAL AG ACTION:] OHR served a charge based on probable cause on [DATE]. [COMPLAINANT / RESPONDENT / AGGRIEVED PERSON] elected a civil action within 20 days and sent certified-mail notice to the Director and all parties. Under D.C. Code § 2-1403.05(g), the Attorney General files the civil action for the aggrieved party, who may intervene. Use the Attorney General's pleading or an intervention pleading; do not file this private-plaintiff complaint as the initial action for Route C.

3.5. Plaintiff is not maintaining the same DCHRA complaint simultaneously in court and before OHR contrary to D.C. Code § 2-1403.16(e).

4. FACTUAL ALLEGATIONS

4.1. On or about [DATE], Plaintiff [applied to rent / sought to purchase / was a tenant of / sought financing for] the Property.

4.2. Plaintiff possesses the following protected trait(s) under the D.C. Human Rights Act: [IDENTIFY — e.g., race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, or homeless status].

4.3. At all relevant times Plaintiff was [qualified to rent / qualified to purchase / a tenant in good standing] and met Defendants' legitimate, non-discriminatory requirements.

4.4. Unlawful discriminatory practice. Defendants engaged in one or more of the following acts in a transaction in real property, wholly or partially for a discriminatory reason based on Plaintiff's protected trait (check all that apply). [Delete every federal citation unless the federal count and that subsection's elements are retained.]

☐ Refusal or failure to initiate or conduct a transaction in real property, or requiring different terms (D.C. Code § 2-1402.21(a)(1); 42 U.S.C. § 3604(a)–(b))
☐ Including a discriminatory clause, condition, or restriction in the terms of a transaction (D.C. Code § 2-1402.21(a)(2))
☐ Discriminatory financing, lending, appraisal, or refusal to make funds available (D.C. Code § 2-1402.21(a)(3), (a)(6); [if the defendant/transaction gate is met] 42 U.S.C. § 3605)
☐ Refusal or restriction of facilities, services, repairs, or improvements for a tenant (D.C. Code § 2-1402.21(a)(4))
☐ Discriminatory notice, statement, or advertisement (D.C. Code § 2-1402.21(a)(5); 42 U.S.C. § 3604(c))
☐ Steering (D.C. Code § 2-1402.22; for a federal count, select the applicable discriminatory availability, terms, or false-availability provision in 42 U.S.C. § 3604(a), (b), or (d))
☐ Blockbusting (D.C. Code § 2-1402.22; for a federal count meeting its for-profit and representation elements, 42 U.S.C. § 3604(e))
☐ False representation that real property is unavailable (D.C. Code § 2-1402.21(a)(1); 42 U.S.C. § 3604(d))
☐ Refusal to make a reasonable accommodation or permit a reasonable modification for disability (D.C. Code § 2-1402.21; 42 U.S.C. § 3604(f)(3))
☐ Harassing conduct that [made a dwelling unavailable / changed terms, conditions, services, or facilities / coerced, threatened, or interfered with protected rights]
☐ Coercion, intimidation, interference, or retaliation (D.C. Code § 2-1402.61; 42 U.S.C. § 3617)
☐ Discrimination based on source of income, personal appearance, family responsibilities, matriculation, political affiliation, place of residence or business, homeless status, sealed eviction record, or status as a victim of an intrafamily offense (District-specific protected traits; D.C. Code § 2-1402.21)

4.5. Specifically, Defendants engaged in the following conduct:

• [SPECIFIC INCIDENT 1 — date, decision-maker, conduct, words spoken, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence, if available: Similarly situated applicants or tenants without Plaintiff's protected trait(s) were treated more favorably, including [DESCRIBE].]

4.7. [Where applicable — disability:] Plaintiff has a disability under the DCHRA and [for a federal count] a “handicap” within the meaning of 42 U.S.C. § 3602(h), namely [DESCRIBE FUNCTIONAL LIMITATION / RECORD / REGARDED-AS BASIS]. On or about [DATE], Plaintiff requested [a reasonable accommodation in a rule, policy, practice, or service / permission for a reasonable modification at Plaintiff's expense] that was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling. Defendants [denied the request / failed to respond / imposed conditions inconsistent with the governing standard / retaliated]. [For a rental modification, address any reasonable restoration condition.]

4.8. [Subterfuge — retain only for a trait listed in subsection (b):] To the extent Defendants assert a non-discriminatory reason, that reason would not have been asserted but for, wholly or partially, Plaintiff's [SUBSECTION (b) TRAIT], and is unlawful under D.C. Code § 2-1402.21(b).

4.9. As a direct and proximate result of Defendants' conduct, Plaintiff suffered the harm described in the Damages section below.

5. COUNT I — D.C. HUMAN RIGHTS ACT (D.C. Code § 2-1402.21, § 2-1402.61)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.9 as though fully set forth.

5.2. The D.C. Human Rights Act makes it an unlawful discriminatory practice to engage in the acts described in D.C. Code § 2-1402.21(a)–(b) in a transaction in real property, wholly or partially for a discriminatory reason based on the actual or perceived protected traits enumerated therein.

5.3. Defendants committed an unlawful discriminatory practice by engaging in the conduct alleged in Paragraph 4.4 wholly or partially for a discriminatory reason based on Plaintiff's actual or perceived protected trait(s). [If subsection (b) is pleaded, identify a trait enumerated there and plead the but-for subterfuge facts.]

5.4. Defendants further coerced, threatened, retaliated against, or interfered with Plaintiff in the exercise of rights protected by the DCHRA, in violation of D.C. Code § 2-1402.61.

5.5. Plaintiff's D.C.-only theory is [source of income / personal appearance / family responsibilities / matriculation / political affiliation / place of residence or business / homeless status / sealed eviction record / status as a victim of an intrafamily offense / other]. [Do not carry a D.C.-only trait into the federal count unless the same facts independently establish a federally protected basis.]

5.6. As a direct and proximate result, Plaintiff seeks damages and other appropriate relief under D.C. Code § 2-1403.16(a), (f), including compensatory and equitable relief and reasonable attorneys' fees and costs. [DCHRA punitive damages may be requested in an appropriate private case under § 2-1403.16(f) and D.C. Court of Appeals precedent; plead the required malice or equivalent state of mind and check defendant-specific limits.]

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.9 as though fully set forth.

6.2. The Property is a dwelling under 42 U.S.C. § 3602(b), and the retained claim is not defeated by an exemption in 42 U.S.C. §§ 3603(b) or 3607 for the reasons pleaded in Paragraph 2.6.

6.3. Defendants' conduct alleged in Paragraph 4.4 violates the specifically applicable provision [42 U.S.C. § 3604(a) / (b) / (c) / (d) / (e) / (f)] because of Plaintiff's federally protected [race / color / religion / sex / familial status / national origin / handicap]. [Plead § 3605 only if the defendant's business and the residential-real-estate-related transaction satisfy that section.]

6.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of FHA-protected rights, in violation of 42 U.S.C. § 3617.

6.5. Under 42 U.S.C. § 3613(c), the Court may award actual and punitive damages and appropriate injunctive or other relief, and may allow the prevailing party a reasonable attorney's fee and costs. The statute states no numeric cap on those private-action damages.

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.9 as though fully set forth.

7.2. Plaintiff is a person with a disability under the DCHRA and [for a retained federal claim] a person with a “handicap” within the meaning of 42 U.S.C. § 3602(h).

7.3. D.C. Code § 2-1402.21(d)(3) and [if the federal gates are met] 42 U.S.C. § 3604(f)(3) prohibit refusal to make a necessary reasonable accommodation in rules, policies, practices, or services and refusal to permit a necessary reasonable modification at the disabled person's expense, subject to the governing conditions and defenses.

7.4. Plaintiff requested the accommodation or modification described in Paragraph 4.7, which was necessary and reasonable, and Defendants unlawfully refused it.

7.5. As a direct and proximate result, Plaintiff has suffered damages and seeks relief under D.C. Code § 2-1403.16 and [if the federal count is retained] 42 U.S.C. § 3613.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving expenses, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, mental anguish, anxiety, and loss of dignity arising from the discrimination.

8.3. Punitive damages: Under 42 U.S.C. § 3613(c), Plaintiff alleges that [specific facts showing the state of mind required for punitive damages] warrant punitive damages on the federal FHA claim. [For a DCHRA request, apply the malice-or-equivalent standard described in United Mine Workers of America v. Moore, D.C. Ct. App. No. 96-CV-1373 (1998), and check defendant-specific limits.]

8.4. Attorneys' fees and costs: Plaintiff requests reasonable attorneys' fees and costs under D.C. Code § 2-1403.16(f), incorporating the appropriate relief in § 2-1403.13(a), and [for a retained federal count] 42 U.S.C. § 3613(c)(2).

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

9. 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 according to proof;
• B. For damages for emotional distress, humiliation, and loss of dignity;
• C. For punitive damages under 42 U.S.C. § 3613(c) and [under the DCHRA private count if the pleaded facts meet the malice-or-equivalent standard and the defendant is eligible];
• D. For a declaration that Defendants' conduct violated the D.C. Human Rights Act and [if retained] the federal Fair Housing Act;
• E. For legally available and factually appropriate injunctive relief, including an order that Defendants cease the discriminatory practices, [make the Property available if no protected third-party interest or other legal bar prevents that relief], grant the requested accommodation/modification, and adopt non-discriminatory policies and training;
• F. For reasonable attorneys' fees and costs under D.C. Code § 2-1403.16(f) and [if the federal count is retained] 42 U.S.C. § 3613(c)(2);
• G. For pre-judgment and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

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

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the District of Columbia that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the matters stated therein are true of my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

Executed on [__/__/____] at Washington, D.C.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [____]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [____]

Email: [____]

13. CERTIFICATE OF SERVICE

I hereby certify or declare that on [__/__/____], the following Rule 4 process was served on [DEFENDANT]: [summons, Complaint, Initial Order, addendum, and other filing-time orders], by [AUTHORIZED RULE 4 METHOD], at [ADDRESS]. [Attach or file the process server's affidavit, return receipt, acknowledgment, or other required proof.]

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

14. DISTRICT OF COLUMBIA PRACTICE NOTES

• Direct court route. Section 2-1403.16(a) permits a private action in a court of competent jurisdiction. A person maintaining a court action based on the same DCHRA act may not file the same complaint with OHR. Choose and plead the actual route; do not use generic “right-to-sue” language without the notice and dates.
• OHR deadline and mediation. The OHR deadline is 1 year after the act or discovery. OHR complaints are mediated before full investigation; residential-real-estate or FHA complaints have the additional service and investigation timing in § 2-1403.04(d).
• DCHRA court timing. The general private-action period is 2 years after the act or discovery. A timely OHR complaint tolls that period until OHR serves its notice of right to file. For a withdrawal before completion of OHR's investigation or a dismissal for lack of jurisdiction, no probable cause, or administrative convenience, suit is due within 90 days after service of that notice or the remaining general period, whichever is longer. The Fairness Act provisions apply as of October 1, 2025; analyze accrual and applicability for older facts.
• Residential probable-cause election. After OHR serves a residential-real-estate or FHA charge based on probable cause, an eligible person may elect a civil action within 20 days and must notify the Director and all parties by certified mail. The Attorney General then files for the aggrieved party within the statutory route, and the aggrieved party may intervene. A private-plaintiff complaint is not the initial filing vehicle for that route.
• Federal coverage gates. A federal count requires a dwelling under § 3602(b), an applicable defendant and transaction under § 3604 or § 3605, a federally protected basis, and analysis of §§ 3603(b) and 3607. D.C.-only traits such as source of income, sealed eviction record, and homeless status do not automatically support a federal FHA count.
• District-specific protections. Section 2-1402.21 lists broader District traits and rules, including source of income, sealed eviction record, homeless status, and income-based housing-subsidy protections. Section 8 assistance is source of income under subsection (e).
• Remedies gate. Section 2-1403.16(f) lets a court grant appropriate relief, including relief listed in § 2-1403.13(a). That section states no numeric cap on compensatory damages and does not list punitive damages, but D.C. Court of Appeals precedent permits punitive damages in appropriate DCHRA private actions. The civil penalties in § 2-1403.13(a)(1)(E-i) are Commission remedies and should not be demanded as private-plaintiff civil penalties. Federal § 3613(c) expressly permits actual and punitive damages and states no numeric cap.
• Forum / removal. This form is captioned for Superior Court, whose general civil jurisdiction is stated in D.C. Code § 11-921. A retained federal FHA claim may support removal by a defendant under 28 U.S.C. § 1441(a); assess every possible jurisdictional basis rather than promising a forum outcome.
• Case information sheet. File the Civil Actions Branch information sheet with the Complaint.
• Initial service. Serve the summons, complaint, Initial Order, addendum, and any other filing-time orders under Civil Rule 4. Do not use Rule 5 or CaseFileXpress as a substitute for initial service unless a specific current rule or order authorizes the chosen procedure.

15. SOURCES AND REFERENCES

• D.C. Code § 2-1402.21 (housing prohibitions) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21
• D.C. Code § 2-1402.22 (blockbusting and steering) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.22
• D.C. Code § 2-1402.61 (coercion or retaliation) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.61
• D.C. Code § 2-1403.04 (OHR filing and mediation) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.04
• D.C. Code § 2-1403.05 (residential probable-cause election) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.05
• D.C. Code § 2-1403.13 (Commission remedies) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.13
• D.C. Code § 2-1403.16 (private cause of action) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.16
• D.C. Code § 11-921 (Superior Court civil jurisdiction) — https://code.dccouncil.gov/us/dc/council/code/sections/11-921
• D.C. Law 25-300 and D.C. Law 26-55 — https://code.dccouncil.gov/us/dc/council/laws/25-300 and https://code.dccouncil.gov/us/dc/council/laws/26-55
• 42 U.S.C. §§ 3602-3605, 3607, 3613, 3617 — https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter45&edition=prelim
• 28 U.S.C. § 1441 — https://www.govinfo.gov/app/details/USCODE-2024-title28/USCODE-2024-title28-partIV-chap89-sec1441
• D.C. Superior Court Rules of Civil Procedure — https://www.dccourts.gov/sites/default/files/superior-rules/Superior%20Court%20Rules%20of%20Civil%20Procedure_4.pdf

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in the District of Columbia must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.