Fair Housing Discrimination Complaint

Fair Housing Discrimination Complaint

Purpose

This document provides templates and guidance for filing a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act. The Fair Housing Act prohibits discrimination in housing based on protected characteristics.

Protected Classes Under Federal Fair Housing Act

• Race
• Color
• National Origin
• Religion
• Sex (including sexual orientation and gender identity)
• Familial Status (families with children under 18, pregnant women)
• Disability (physical or mental)

Additional State/Local Protections (Common)

Many states and localities add protections for:

• Source of income (Section 8, vouchers)
• Marital status
• Age
• Veteran/military status
• Citizenship/immigration status
• Sexual orientation/gender identity (where not covered federally)
• Genetic information
• Political affiliation
• Domestic violence survivor status

TYPES OF HOUSING DISCRIMINATION

Discriminatory Actions Prohibited:

In Renting or Selling:
☐ Refusing to rent or sell housing
☐ Refusing to negotiate for housing
☐ Making housing unavailable
☐ Setting different terms, conditions, or privileges
☐ Providing different services or facilities

In Mortgage Lending:
☐ Refusing to make a mortgage loan
☐ Refusing to provide information on loans
☐ Imposing different terms or conditions on loans
☐ Discriminating in appraising property

Other Prohibited Actions:
☐ Threatening, coercing, intimidating, or interfering with anyone exercising fair housing rights
☐ Retaliating against anyone who has filed a complaint or assisted in an investigation
☐ Advertising that indicates any preference, limitation, or discrimination
☐ Steering (directing buyers/renters toward or away from certain areas)
☐ Blockbusting (persuading owners to sell based on neighborhood demographics changing)

Disability-Specific:
☐ Refusing to allow reasonable modifications (at tenant's expense)
☐ Refusing to make reasonable accommodations in rules, policies, or services
☐ Failing to design and construct accessible housing (buildings with 4+ units built after 1991)

HOW TO FILE A HUD COMPLAINT

Filing Options:

1. Online: https://portalapps.hud.gov/FHEO903/Form903/Form903Start.action
2. Phone: 1-800-669-9777 (TTY: 1-800-877-8339)
3. Mail: Use HUD Form 903 and mail to your regional HUD office
4. Email: Check regional office for email address

Timeline:

• Deadline: File within 1 year of the discriminatory act
• Investigation: HUD will investigate and attempt conciliation
• Determination: HUD will determine if reasonable cause exists (within 100 days, often longer)

TEMPLATE 1: COMPLAINT NARRATIVE

[Use this to accompany HUD Form 903 or when filing online/by phone]

COMPLAINANT INFORMATION

Name: [YOUR FULL LEGAL NAME]
Address: [YOUR CURRENT ADDRESS]
City, State, ZIP: [CITY, STATE ZIP]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
Preferred Contact Method: ☐ Phone ☐ Email ☐ Mail

RESPONDENT INFORMATION (Person/Entity You Are Complaining Against)

Name of Landlord/Property Manager/Company:
[NAME]

Address:
[ADDRESS]
[CITY, STATE ZIP]

Phone: [IF KNOWN]
Email: [IF KNOWN]

Property Address (if different):
[ADDRESS OF PROPERTY WHERE DISCRIMINATION OCCURRED]

DISCRIMINATION COMPLAINT NARRATIVE

Date(s) of Discrimination: [DATE(S)]

Location: [ADDRESS WHERE DISCRIMINATION OCCURRED]

Protected Class(es):
I believe I was discriminated against because of my:
☐ Race: [SPECIFY]
☐ Color: [SPECIFY]
☐ National Origin: [SPECIFY]
☐ Religion: [SPECIFY]
☐ Sex: [SPECIFY]
☐ Sexual Orientation: [SPECIFY]
☐ Gender Identity: [SPECIFY]
☐ Familial Status: [SPECIFY - e.g., pregnant, have children under 18]
☐ Disability: [SPECIFY - physical or mental impairment]
☐ Other (State/Local Protected Class): [SPECIFY]

DETAILED DESCRIPTION OF DISCRIMINATION

[Provide a detailed, chronological account of what happened. Include:]

Background:
On [DATE], I [applied for housing at / was living at / attempted to rent] the property located at [ADDRESS].

What Happened:
[Describe in detail what the landlord/agent/company did or said. Be specific about:]

• Exact words used (put in quotation marks if you remember them exactly)
• Actions taken
• Witnesses present
• Dates and times

Example format:

On [DATE], I contacted [LANDLORD/AGENT NAME] at [PHONE/EMAIL/IN PERSON] regarding the rental unit at [ADDRESS].

During our conversation/meeting, [HE/SHE/THEY] [DESCRIBE WHAT HAPPENED]:

[Example: "When I mentioned that I have two children, the landlord said 'We don't rent to families with kids - they're too noisy and cause damage.' He then refused to show me the unit."]

[Example: "After seeing my wheelchair, the property manager told me the unit wasn't 'suitable for someone like me' and refused to process my application."]

[Example: "When I asked about using my Section 8 voucher, the landlord said 'We don't accept government assistance' even though the listing didn't mention this restriction."]

Evidence of Discrimination:
☐ The respondent's stated reason was: [WHAT THEY SAID]
☐ However, I believe the real reason was discrimination because: [EXPLAIN]
☐ I observed that others not in my protected class were treated differently: [EXPLAIN]
☐ I have witnesses who can confirm: [NAMES AND WHAT THEY OBSERVED]
☐ I have documentation including: [LIST DOCUMENTS]

How I Was Harmed:
As a result of this discrimination, I:
☐ Was denied housing
☐ Had to find alternative housing at greater cost
☐ Experienced emotional distress
☐ Lost money (application fees, deposits, moving costs): $[AMOUNT]
☐ Other: [DESCRIBE]

WITNESSES

SUPPORTING DOCUMENTS

I have the following documentation to support my complaint:
☐ Rental application
☐ Correspondence (emails, texts, letters) with respondent
☐ Rental listing/advertisement
☐ Rejection letter or communication
☐ Lease agreement
☐ Photographs
☐ Audio/video recordings
☐ Witness statements
☐ Proof of income/qualifications
☐ Other: [DESCRIBE]

PRIOR COMPLAINTS

☐ I have NOT previously filed a complaint about this discrimination.
☐ I have previously filed a complaint with:

• [AGENCY NAME] on [DATE]
• Case/Reference Number: [NUMBER]
• Status: [PENDING/RESOLVED/ETC.]

RELIEF REQUESTED

I am requesting the following relief:

☐ Injunctive Relief:

• Order respondent to cease discriminatory practices
• Order respondent to rent/sell me the housing
• Order respondent to implement fair housing training

☐ Compensatory Damages:

• Out-of-pocket expenses: $[AMOUNT]
• Emotional distress damages: $[AMOUNT]
• Other actual damages: $[AMOUNT]

☐ Civil Penalties:

• First offense: up to $21,663
• Second offense within 5 years: up to $54,157
• Third or more within 7 years: up to $108,315

☐ Other Relief:
[SPECIFY]

DECLARATION

I declare under penalty of perjury that the information provided in this complaint is true and correct to the best of my knowledge.

_______________________________
[YOUR SIGNATURE]

_______________________________
[YOUR PRINTED NAME]

_______________________________
[DATE]

TEMPLATE 2: DEMAND LETTER TO LANDLORD

[Send before or in addition to filing with HUD]

[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[EMAIL]
[PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[LANDLORD/PROPERTY MANAGER NAME]
[ADDRESS]
[CITY, STATE ZIP]

RE: Notice of Fair Housing Violation and Demand
Property Address: [ADDRESS]

Dear [NAME]:

I am writing to notify you that your actions on [DATE(S)] constitute housing discrimination in violation of the Fair Housing Act, 42 U.S.C. § 3601 et seq., and [STATE] fair housing laws.

FACTS

[Summarize the discriminatory conduct]

LEGAL VIOLATIONS

Your conduct violates the Fair Housing Act, which prohibits discrimination in housing based on [PROTECTED CLASS]. Specifically, you have:

☐ Refused to rent housing
☐ Made housing unavailable
☐ Applied different terms, conditions, or privileges
☐ Refused to make a reasonable accommodation for a disability
☐ [OTHER]

DEMAND

I demand that you immediately:

1. [SPECIFIC DEMAND - e.g., process my application, rent me the unit, cease discriminatory practices]
2. Compensate me for damages in the amount of $[AMOUNT]
3. Confirm in writing that you will comply with fair housing laws

NOTICE OF INTENT TO FILE COMPLAINT

If I do not receive a satisfactory response within [14/21/30] days, I intend to:

1. File a complaint with the U.S. Department of Housing and Urban Development
2. File a complaint with [STATE FAIR HOUSING AGENCY]
3. Pursue all available legal remedies, including filing a lawsuit in federal court

Please be aware that violations of the Fair Housing Act can result in:

• Civil penalties up to $108,315 (for repeat offenders)
• Compensatory damages for out-of-pocket losses and emotional distress
• Punitive damages
• Attorney's fees and costs

RESPONSE

Please respond in writing to the address above by [DATE].

Sincerely,

_______________________________
[YOUR NAME]

WHAT HAPPENS AFTER FILING WITH HUD

Investigation Process:

1. Intake: HUD reviews complaint to ensure it falls within jurisdiction
2. Notification: HUD notifies respondent of complaint
3. Investigation: HUD investigates allegations (interviews, document requests)
4. Conciliation: HUD attempts to negotiate settlement
5. Determination: HUD determines if "reasonable cause" exists

Possible Outcomes:

If No Reasonable Cause:

• Case is closed
• You can still file private lawsuit

If Reasonable Cause Found:

• Case goes to HUD Administrative Law Judge, OR
• Either party can elect to have case heard in federal court
• Government attorneys may prosecute on your behalf

Timeline:

• HUD aims to complete investigations within 100 days
• Complex cases may take longer
• You can file private lawsuit at any time (within 2 years of discrimination)

RETALIATION IS PROHIBITED

It is ILLEGAL for anyone to:

• Retaliate against you for filing a complaint
• Threaten, coerce, or intimidate you
• Interfere with your fair housing rights

If you experience retaliation, you can file an additional complaint.

OTHER FILING OPTIONS

State Fair Housing Agencies

Many states have their own fair housing enforcement agencies with additional protections. HUD may refer your complaint to a state agency.

Private Lawsuit

You may file a lawsuit in federal or state court:

• Deadline: Within 2 years of discriminatory act
• No attorney fee required upfront: Prevailing plaintiffs can recover attorney's fees
• Damages: Compensatory, punitive, and injunctive relief available

Local Fair Housing Organizations

Many communities have local fair housing organizations that can:

• Assist with filing complaints
• Conduct testing to document discrimination
• Provide education and resources

EVIDENCE GATHERING TIPS

Document Everything:

☐ Save all emails, texts, voicemails
☐ Take notes immediately after conversations (date, time, what was said)
☐ Keep copies of all applications, listings, correspondence
☐ Photograph any relevant evidence

Witnesses:

☐ Identify anyone who observed discriminatory conduct
☐ Get their contact information
☐ Ask if they're willing to provide a statement

Testing Evidence:

☐ Fair housing organizations can conduct "testing" - sending similar applicants of different protected classes to see if they're treated differently
☐ Contact your local fair housing organization about testing

Comparative Evidence:

☐ Document how others outside your protected class were treated
☐ Look for patterns of discrimination (listings, policies, other complaints)

DISCLAIMER

This template is provided for informational purposes only and does not constitute legal advice. Fair housing law is complex, and the specific facts of your situation matter greatly. For assistance with your fair housing complaint, consider contacting:

• HUD: 1-800-669-9777
• Local fair housing organization: Find at www.nationalfairhousing.org
• Legal aid organization: Find at www.lawhelp.org
• Private fair housing attorney