Fair Housing Act Complaint - Florida

FLORIDA FAIR HOUSING ACT COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Florida Fair Housing Act (Fla. Stat. § 760.23, § 760.37)
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. Florida Practice Notes
15. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [____] COUNTY, FLORIDA

CASE NO. [____]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF — HOUSING DISCRIMINATION

1. Violation of the Florida Fair Housing Act (Fla. Stat. §§ 760.20–760.37);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification.

DEMAND FOR JURY TRIAL

Plaintiff, by and through undersigned counsel, sues Defendants and alleges:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [COUNTY] County, Florida. Plaintiff is an "aggrieved person" within the meaning of Fla. Stat. § 760.22(1) and 42 U.S.C. § 3602(i), and is a member of one or more protected classes under the Florida Fair Housing Act, specifically: [PROTECTED CLASS(ES)].

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 dwelling at issue, and is subject to the Florida Fair Housing Act and the federal Fair Housing Act.

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 / AGENT / LENDER] is named with respect to [brokerage services / financing / real estate-related transaction].

2.5. The Subject Dwelling. The housing at issue is located at [PROPERTY ADDRESS] ("the Dwelling"), which is a "dwelling" within the meaning of Fla. Stat. § 760.22(4) and 42 U.S.C. § 3602(b).

3. JURISDICTION AND VENUE

3.1. Subject-matter jurisdiction. This Court has jurisdiction over the Florida Fair Housing Act claims pursuant to Fla. Stat. § 760.35(1), which authorizes an aggrieved person to commence a civil action in any appropriate court, and the amount in controversy exceeds the jurisdictional minimum of the circuit court.

3.2. Federal claims. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613.

3.3. Venue. Venue is proper in [____] County because the discriminatory housing practice occurred in this County and the Dwelling is located in this County.

3.4. No exhaustion required. Under Fla. Stat. § 760.34(4), an aggrieved person may commence a civil action to enforce rights under §§ 760.20–760.37 and is NOT required to petition for an administrative hearing or exhaust administrative remedies before commencing the action.

4. FACTUAL ALLEGATIONS

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

4.2. Plaintiff is a member of the following protected class(es) under the Florida Fair Housing Act: [IDENTIFY — race, color, national origin, sex, disability (handicap), familial status, or religion].

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. Discriminatory housing practice. Defendants engaged in one or more of the following discriminatory housing practices because of Plaintiff's protected class (check all that apply):

☐ Refusal to sell or rent, refusal to negotiate, or otherwise making the Dwelling unavailable (Fla. Stat. § 760.23(1); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges, or in services or facilities (Fla. Stat. § 760.23(2); 42 U.S.C. § 3604(b))
☐ Discriminatory notice, statement, or advertisement (Fla. Stat. § 760.23(3); 42 U.S.C. § 3604(c))
☐ False representation that the Dwelling is unavailable (Fla. Stat. § 760.23(4); 42 U.S.C. § 3604(d))
☐ Blockbusting — inducing sale/rental for profit by representation about entry of protected-class persons (Fla. Stat. § 760.23(5); 42 U.S.C. § 3604(e))
☐ Steering to or away from particular dwellings or neighborhoods
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (Fla. Stat. § 760.23(9)(b); 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the premises (Fla. Stat. § 760.23(9)(a); 42 U.S.C. § 3604(f)(3)(A))
☐ Discrimination in residential real estate-related / lending transactions (Fla. Stat. § 760.25; 42 U.S.C. § 3605)
☐ Harassment or creation of a hostile housing environment
☐ Interference, coercion, intimidation, or retaliation (Fla. Stat. § 760.37; 42 U.S.C. § 3617)

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 outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Where applicable — disability:] Plaintiff has a disability (handicap) within the meaning of Fla. Stat. § 760.22(3a) and 42 U.S.C. § 3602(h), namely [DESCRIBE FUNCTIONAL LIMITATION]. On or about [DATE], Plaintiff requested [the reasonable accommodation / modification of: DESCRIBE], which was necessary to afford Plaintiff an equal opportunity to use and enjoy the Dwelling. Defendants [denied the request / failed to respond / imposed unreasonable conditions / retaliated].

4.8. [Familial status, if applicable:] The protections against familial-status discrimination apply to Plaintiff, who [is pregnant / is in the process of securing legal custody of a minor / resides with one or more children under 18] (Fla. Stat. § 760.23(6)).

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

5. COUNT I — FLORIDA FAIR HOUSING ACT (Fla. Stat. § 760.23, § 760.37)

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

5.2. The Florida Fair Housing Act makes it unlawful to discriminate in the sale, rental, terms, conditions, privileges, services, or facilities of a dwelling because of race, color, national origin, sex, disability, familial status, or religion. Fla. Stat. § 760.23.

5.3. Defendants committed a "discriminatory housing practice" as defined in Fla. Stat. § 760.22(2) by engaging in the conduct alleged in Paragraph 4.4 because of Plaintiff's protected class.

5.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of rights protected by the Florida Fair Housing Act, in violation of Fla. Stat. § 760.37.

5.5. As a direct and proximate result, Plaintiff has been injured and is entitled to actual and punitive damages, injunctive and declaratory relief, and reasonable attorneys' fees and costs under Fla. Stat. § 760.35(2)–(3).

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

6.3. Defendants' conduct alleged in Paragraph 4.4 constitutes discrimination in violation of 42 U.S.C. § 3604(a)–(e) and, where lending or real estate-related transactions are at issue, 42 U.S.C. § 3605.

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. Pursuant to 42 U.S.C. § 3613, Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorneys' fees and costs. There is no federal cap on compensatory or punitive damages in a private FHA action.

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 (handicap) within the meaning of Fla. Stat. § 760.22(3a) and 42 U.S.C. § 3602(h).

7.3. Under Fla. Stat. § 760.23(9) and 42 U.S.C. § 3604(f)(3), it is unlawful discrimination to refuse to make reasonable accommodations in rules, policies, practices, or services, or to refuse to permit, at the disabled person's expense, reasonable modifications, when necessary to afford an equal opportunity to use and enjoy a dwelling.

7.4. Plaintiff requested the reasonable accommodation/modification described in Paragraph 4.7, which was necessary and reasonable, and Defendants unlawfully denied or failed to engage in the interactive process regarding that request.

7.5. As a direct and proximate result, Plaintiff has suffered damages and is entitled to relief under Fla. Stat. § 760.35 and 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: Defendants acted intentionally, willfully, and/or with reckless disregard for Plaintiff's protected rights, warranting punitive damages under Fla. Stat. § 760.35(2) and 42 U.S.C. § 3613(c).

8.4. Civil penalties: In a civil action brought by the Florida Commission on Human Relations under Fla. Stat. § 760.34(7), the court may impose fines of up to $10,000 (first violation), $25,000 (one prior violation within 5 years), or $50,000 (two or more violations within 7 years).

8.5. Attorneys' fees and costs: Recoverable by the prevailing party under Fla. Stat. § 760.35(2)–(3) and 42 U.S.C. § 3613(c)(2).

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

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, 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 Fla. Stat. § 760.35(2) and 42 U.S.C. § 3613(c);
• D. For a declaration that Defendants' conduct violated the Florida Fair Housing Act and the federal Fair Housing Act;
• E. For injunctive relief, including an order that Defendants cease the discriminatory practices, make the Dwelling available to Plaintiff, grant the requested accommodation/modification, and adopt non-discriminatory policies and training;
• F. For reasonable attorneys' fees and costs under Fla. Stat. § 760.35 and 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 State of Florida 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 [CITY], Florida.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Florida Bar No. [____]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [____]

Email (primary/secondary per Fla. R. Jud. Admin. 2.516): [____]

13. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of the foregoing COMPLAINT was served on the following parties by [method — e-service through the Florida Courts E-Filing Portal per Fla. R. Jud. Admin. 2.516 / personal service / certified mail]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

14. FLORIDA PRACTICE NOTES

• Enforcing agency. The Florida Commission on Human Relations (FCHR) investigates housing-discrimination complaints under §§ 760.20–760.37. Where a city or county has a substantially equivalent local fair housing law (e.g., Orlando, Tampa, Jacksonville/Duval, Palm Beach, Pinellas, Broward), FCHR refers the complaint to the local agency.
• Administrative charge vs. direct court suit. A complainant may EITHER file an administrative complaint with FCHR (Fla. Stat. § 760.34) OR proceed directly to court (Fla. Stat. § 760.35) without exhausting administrative remedies (Fla. Stat. § 760.34(4)).
• Limitations periods. The administrative complaint must be filed with FCHR within ONE (1) YEAR after the alleged discriminatory housing practice occurred (Fla. Stat. § 760.34(2)). The civil action must be commenced no later than TWO (2) YEARS after the alleged discriminatory housing practice occurred (Fla. Stat. § 760.35(1)), mirroring the federal 2-year limit under 42 U.S.C. § 3613(a).
• Protected classes. Florida's classes mirror the federal seven: race, color, national origin, sex, disability (handicap), familial status, and religion. Unlike many states, Florida's statewide Fair Housing Act does NOT add source of income, sexual orientation, gender identity, age, or marital status — though some Florida local ordinances do. Check local law for additional protected classes.
• Remedies. Actual and punitive damages, injunctive and declaratory relief, and attorneys' fees and costs to the prevailing party (Fla. Stat. § 760.35(2)–(3)). Civil penalties of $10,000 / $25,000 / $50,000 are available in a Commission-initiated action under § 760.34(7).
• Punitive damages pleading. Confirm whether Fla. Stat. § 768.72 (requiring a reasonable evidentiary showing and leave of court before pleading punitive damages) applies to the Fair Housing Act claim in your forum; courts have divided on its interplay with statutory civil rights claims.
• Forum / removal. The Florida Fair Housing Act action lies in circuit court. Adding federal FHA counts permits removal to the applicable U.S. District Court.
• Unsettled / verify: Confirm the current statutory text of § 760.34 and § 760.35 and any local-ordinance protected classes; verify the punitive-damages pleading procedure for the specific circuit.

15. SOURCES AND REFERENCES

• Florida Fair Housing Act, Fla. Stat. §§ 760.20–760.37 — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html
• Fla. Stat. § 760.23 (prohibited practices) — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.23.html
• Fla. Stat. § 760.34 (enforcement; 1-year complaint; civil penalties), § 760.35 (civil action; 2-year limit), § 760.37 (interference)
• Florida Commission on Human Relations — Fair Housing — https://fchr.myflorida.com/fair-housing
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3604, § 3605, § 3613, § 3617
• 24 C.F.R. Part 100 (HUD Fair Housing regulations)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)

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