HUD FAIR HOUSING COMPLAINT GUIDE

A Step-by-Step Guide to Reporting Housing Discrimination

WHAT IS THIS GUIDE FOR?

This guide helps you file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). It covers:
- What types of discrimination are illegal
- How to file a complaint
- What happens during the investigation
- Your legal options

WHAT IS HOUSING DISCRIMINATION?

The Fair Housing Act makes it illegal to discriminate in housing-related activities based on:

Protected Classes

☐ Race - Any race or color
☐ Color - Skin color
☐ National Origin - Country of origin, ancestry, accent
☐ Religion - Any religious belief or lack of belief
☐ Sex - Including sexual harassment, sexual orientation, gender identity
☐ Familial Status - Families with children under 18, pregnant women
☐ Disability - Physical or mental disability

Note: Many states and cities have additional protections (source of income, veteran status, age, etc.). Check your local fair housing laws.

WHAT ACTIVITIES ARE COVERED?

The Fair Housing Act covers discrimination in:

Renting

☐ Refusing to rent
☐ Setting different terms or conditions
☐ Providing different services or facilities
☐ Falsely saying housing is unavailable
☐ Steering tenants to certain areas

Buying/Selling

☐ Refusing to sell
☐ Setting different terms or conditions
☐ Steering buyers to certain neighborhoods
☐ Blockbusting (inducing sales by saying neighborhood is changing)

Mortgage Lending

☐ Refusing to make loans
☐ Setting different loan terms
☐ Discriminatory appraisals

Other Activities

☐ Discriminatory advertising
☐ Harassment by landlords, neighbors, or agents
☐ Refusing reasonable accommodations for disability
☐ Refusing reasonable modifications for disability
☐ Retaliation for filing a complaint

RECOGNIZING DISCRIMINATION

Direct Discrimination Examples

• Landlord says "We don't rent to families with children"
• Real estate agent steers Black buyers away from white neighborhoods
• Lender charges higher interest rate to Hispanic borrowers
• Landlord refuses to rent to someone using a wheelchair

Subtle Discrimination Signs

☐ Unit suddenly "not available" when you arrive in person
☐ Different treatment than other applicants
☐ Stricter requirements for some applicants
☐ "Coded" language in ads ("perfect for professionals," "quiet building")
☐ Quoted a higher price than advertised
☐ Told about problems with the neighborhood
☐ Excessive delays in processing your application

Disability-Specific Issues

☐ Refusing to allow a service animal
☐ Refusing to allow an emotional support animal
☐ Denying request for accessible parking
☐ Refusing to allow modifications (grab bars, ramps)
☐ Building not accessible when required
☐ Denying reasonable accommodation for a disability

DEADLINE TO FILE

You must file within ONE YEAR of the last discriminatory act.

• File as soon as possible
• The date of the last incident starts the clock
• For ongoing discrimination, each act may have its own deadline

Note: To file a lawsuit in court, you have TWO YEARS from the discriminatory act.

STEP 1: DOCUMENT THE DISCRIMINATION

Information to Gather

☐ Names and contact information of people involved
☐ Dates and times of incidents
☐ What was said or done
☐ Names of witnesses
☐ Copies of ads, applications, leases
☐ Emails, texts, voicemails
☐ Photos or videos (if relevant)
☐ Notes from conversations

Create a Timeline

Testing Evidence

If you suspect discrimination but lack proof, a fair housing organization may conduct "testing" - sending testers of different backgrounds to document different treatment.

STEP 2: FILE A COMPLAINT WITH HUD

How to File

Online (Recommended):
Complete HUD Form 903 at: www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint

By Phone:
Call HUD's Fair Housing Hotline: 1-800-669-9777
TTY: 1-800-877-8339

By Mail:
Download HUD Form 903 from www.hud.gov and mail to:

Office of Fair Housing and Equal Opportunity
Department of Housing and Urban Development
451 Seventh Street SW, Room 5204
Washington, DC 20410-2000

In Person:
Visit your nearest HUD regional office
Find locations at: www.hud.gov/program_offices/fair_housing_equal_opp/contact_fheo

Information Needed for Complaint

About You:
☐ Name
☐ Address
☐ Phone number
☐ Email address

About the Person/Company You're Complaining About:
☐ Name
☐ Address
☐ Phone number
☐ Type (landlord, real estate agent, lender, etc.)

About the Discrimination:
☐ Address of the property
☐ Date(s) discrimination occurred
☐ Description of what happened
☐ Why you believe it was discrimination
☐ Names of witnesses

STEP 3: WHAT HAPPENS AFTER YOU FILE

HUD Reviews Your Complaint

1. HUD reviews to ensure it has jurisdiction
2. HUD determines if complaint states a valid claim
3. If accepted, HUD notifies you and the respondent

Conciliation

HUD will attempt to resolve the complaint through conciliation (settlement):

• HUD facilitates discussions between parties
• Settlement may include monetary compensation
• Settlement may include agreement to change practices
• Settlement is voluntary - you don't have to accept
• If you settle, case is closed

Investigation

If no settlement, HUD investigates:

• Reviews documents and records
• Interviews parties and witnesses
• May visit the property
• Goal: complete within 100 days (often takes longer)

After Investigation

If HUD Finds No Reasonable Cause:
- HUD dismisses the complaint
- You can still file a private lawsuit (within 2 years of discrimination)

If HUD Finds Reasonable Cause:
- HUD issues a Charge of Discrimination
- You choose: HUD Administrative Hearing OR Federal Court

YOUR OPTIONS DURING AND AFTER HUD PROCESS

Option 1: Let HUD Handle It

• Free process
• HUD investigates and attempts resolution
• If cause found, administrative hearing or DOJ lawsuit

Option 2: File Private Lawsuit

• You can file in federal or state court
• Can file while HUD investigates
• Must file within 2 years of discrimination
• No charge from HUD required
• Consider hiring an attorney (many work on contingency)
• Can recover damages, attorney fees, injunctive relief

Election of Remedies

If HUD finds cause and issues a charge, you must choose:
- Administrative hearing before HUD ALJ, OR
- Federal court lawsuit (DOJ may file on your behalf)

REASONABLE ACCOMMODATIONS AND MODIFICATIONS

Reasonable Accommodation

A change in rules, policies, or services that allows a person with a disability equal opportunity to use and enjoy housing.

Examples:
- Allowing a service animal despite "no pets" policy
- Providing a reserved parking space close to unit
- Allowing lease payments at a different time
- Allowing a live-in aide

How to Request:

1. Make request in writing
2. Explain you have a disability (don't need to disclose diagnosis)
3. Explain what accommodation you need
4. Explain how it relates to your disability

Landlord's Obligations:
- Cannot charge extra fee or deposit for accommodation
- Must engage in interactive process
- Can request verification of disability and need
- Cannot ask nature of disability

Reasonable Modification

A physical change to the dwelling that allows a person with a disability full use.

Examples:
- Installing grab bars in bathroom
- Widening doorways
- Building a ramp
- Lowering kitchen counters

Key Points:
- Tenant generally pays for modification (in private housing)
- Landlord cannot refuse if reasonable
- Landlord can require restoration to original condition
- Federally funded housing may require landlord to pay

SAMPLE COMPLAINT STATEMENT

I believe I was discriminated against because of my disability in violation of the Fair Housing Act.

On September 1, 2025, I applied to rent an apartment at 123 Main Street from ABC Property Management. I submitted a complete application and met all income requirements.

During the showing, I used my wheelchair. The property manager, John Smith, stated "I'm not sure this unit will work for you" and suggested I look elsewhere.

On September 5, 2025, I was told my application was denied. The stated reason was "insufficient credit history." However, my credit score is 720 and I was not asked to provide any additional documentation.

On September 10, 2025, I requested a reasonable accommodation to install a ramp at the entrance. Mr. Smith refused, stating "We can't make those kinds of changes."

On September 15, 2025, I learned through a friend that the unit was rented to another applicant with a lower credit score.

I believe I was denied housing because of my disability.

PENALTIES AND REMEDIES

What You May Recover

Monetary Damages:
- Out-of-pocket expenses
- Emotional distress damages
- Moving expenses
- Higher rent paid elsewhere

Injunctive Relief:
- Order to rent/sell to you
- Order to change policies
- Order to make accommodations

Civil Penalties (Administrative Hearing):
- First offense: Up to $25,000
- Second offense within 5 years: Up to $65,000
- Third+ offense within 7 years: Up to $150,000

Attorney's Fees:
- Prevailing party may recover attorney fees

Retaliation Protection

It is illegal to retaliate against anyone for:
- Filing a fair housing complaint
- Participating in an investigation
- Testifying in a proceeding
- Helping someone else exercise their rights

LOCAL FAIR HOUSING RESOURCES

State and Local Agencies

Many states have their own fair housing agencies that can investigate complaints. They may have additional protections.

Find your state/local agency:
- HUD website: www.hud.gov/program_offices/fair_housing_equal_opp/partners
- Search: "[Your State] fair housing agency"

Private Fair Housing Organizations

Non-profit fair housing organizations provide:
- Free complaint assistance
- Testing services
- Education and outreach
- Referrals to attorneys

Find organizations at: www.nationalfairhousing.org/find-help

COMPLAINT TRACKING WORKSHEET

Complainant Information

Name: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

Respondent Information

Name/Company: [________________________________]
Address of property: [________________________________]
Contact phone: [________________________________]
Type: ☐ Landlord ☐ Property Manager ☐ Real Estate Agent ☐ Lender ☐ Other

Complaint Details

Protected class(es): [________________________________]
Date of discrimination: [__/__/____]
Filing deadline: [__/__/____]

HUD Complaint

Date filed: [__/__/____]
HUD case number: [________________________________]
HUD investigator: [________________________________]
Phone: [________________________________]

Conciliation

Offered: ☐ Yes ☐ No
Date: [__/__/____]
Outcome: [________________________________]

Investigation

Investigation completed: [__/__/____]
Finding: ☐ Cause ☐ No Cause

Resolution

Method: ☐ Settlement ☐ Administrative Hearing ☐ Court
Date resolved: [__/__/____]
Outcome: [________________________________]

COMMON MISTAKES TO AVOID

☐ Waiting too long to file (1-year deadline)
☐ Not documenting incidents as they happen
☐ Not keeping copies of communications
☐ Accepting verbal promises instead of written agreements
☐ Not requesting accommodations in writing
☐ Giving up after initial denial
☐ Not mentioning all protected classes that apply
☐ Not reporting retaliation immediately

SOURCES AND REFERENCES

• HUD Fair Housing: www.hud.gov/fairhousing
• File a Complaint: www.hud.gov/fairhousing/fileacomplaint
• HUD Complaint Process: www.hud.gov/program_offices/fair_housing_equal_opp/complaint-process
• National Fair Housing Alliance: www.nationalfairhousing.org
• Fair Housing Act: 42 U.S.C. § 3601 et seq.

This guide is for informational purposes only and does not constitute legal advice. HUD and local fair housing organizations can assist with complaints at no cost. For complex cases or to file a lawsuit, consider consulting with a fair housing attorney, many of whom work on contingency.