Information about http://www.hud.gov/offices/fheo/FHLaws/FairHousingJan2002.pdf
U.S. Department of Housing and Urban Development Office of .air…
Tags: apartment buildings, condominium developments, department of housing, department of housing and urban development, equality of opportunity, fairhousing, familial status, homeownership opportunities, housing and urban development, housing discrimination, intimidation, landlords, mel martinez, mortgage loans, national origin, new immigrants, rich diversity, true strength, u s department, urban development office,Pages: 16
Language: english
Created: Tue Mar 19 12:28:48 2002
Display cached document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
U.S. Department of Housing and Urban Development
Office of .air Housing and Equal Opportunity
.air Housing
Equal Opportunity for All
Please visit our website: www.hud.gov/fairhousing
.air Housing Equal Opportunity for All
The rich diversity of our people, coupled with the unity of spirit upon which this nation
was founded, is Americas true strength. We are a nation that celebrates equality of
opportunity, which makes it all the more disturbing when new immigrants, minorities,
families with children, and people with disabilities are denied housing because of
unfair housing discrimination.
The Department of Housing and Urban Development enforces the .air Housing Act
and the other federal laws that prohibit discrimination and the intimidation of people
in their homes. These laws cover virtually all housing in the United States private
homes, apartment buildings, and condominium developments and nearly all
housing transactions, including the rental and sale of housing and the provision
of mortgage loans.
Equal access to rental housing and homeownership opportunities is the cornerstone
of this nations federal housing policy. Landlords who refuse to rent or sell homes to
people based on race, color, national origin, religion, sex, familial status, or disability
are violating federal law, and HUD will vigorously pursue them.
Housing discrimination is not only illegal, it contradicts in every way the
principles of freedom and opportunity we treasure as Americans. The
Department of Housing and Urban Development is committed to ensuring that for
everyone seeking a place to live, all housing is .air Housing.
Mel Martinez
Secretary
Contents The .air Housing Act ...................................... 1
What Housing Is Covered? ............................... 1
What Is Prohibited? ........................................ 1
Additional Protection If You Have A Disability ......... 3
Housing Opportunities for .amilies ..................... 5
If You Think Your Rights Have Been Violated .......... 6
What Happens When You .ile A Complaint? ........ 10
Does the U.S. Department of Justice
Play A Role? ............................................... 11
What Happens After A Complaint Investigation? ... 12
In Addition ................................................. 13
U.S. Department of Housing and Urban Development
Secretary Mel Martinez
451 7th Street, S.W.
Washington, DC 20410-2000
The .air Housing Act The .air Housing Act prohibits
discrimination in housing because of:
Race or color
National origin
Religion
Sex
.amilial status (including children under
the age of 18 living with parents or legal
custodians; pregnant women and people
securing custody of children under 18)
Handicap (Disability)
What Housing Is Covered? The .air Housing Act covers most housing.
In some circumstances, the Act exempts
owner-occupied buildings with no more than
four units, single-family housing sold or
rented without the use of a broker and
housing operated by organizations and
private clubs that limit occupancy to
members.
What Is Prohibited?
In the Sale and Rental of Housing: No one
may take any of the following actions based
on race, color, national origin, religion, sex,
familial status or handicap (disability):
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or
privileges for sale or rental of a dwelling
Provide different housing services
or facilities
.alsely deny that housing is available for
inspection, sale or rental
.or profit, persuade owners to sell or rent
(blockbusting) or
Deny anyone access to or membership
in a facility or service (such as a multiple
listing service) related to the sale or
rental of housing.
1
In Mortgage Lending: No one may take any
of the following actions based on race, color,
national origin, religion, sex, familial status or
handicap (disability):
Refuse to make a mortgage loan
Refuse to provide information
regarding loans
Impose different terms or conditions on
a loan, such as different interest rates,
points, or fees
Discriminate in appraising property
Refuse to purchase a loan or
Set different terms or conditions for
purchasing a loan
In Addition: It is illegal for anyone to:
Threaten, coerce, intimidate or interfere
with anyone exercising a fair housing right
or assisting others who exercise that right
Advertise or make any statement that
indicates a limitation or preference based
on race, color, national origin, religion,
sex, familial status or handicap (disability).
This prohibition against discriminatory
advertising applies to single-family and
owner-occupied housing that is otherwise
exempt from the .air Housing Act.
2
Additional Protection If you or someone associated with you:
If You Have A Disability Have a physical or mental disability
(including hearing, mobility and visual
impairments, cancer, chronic mental
illness, AIDS, AIDS Related Complex and
mental retardation) that substantially
limits one or more major life activities
Have a record of such a disability or
Are regarded as having such a disability
your landlord may not:
Refuse to let you make reasonable
modifications to your dwelling or common
use areas, at your expense, if necessary
for the disabled person to use the housing.
(Where reasonable, the landlord may
permit changes only if you agree to restore
the property to its original condition when
you move.)
Refuse to make reasonable accommodations
in rules, policies, practices or services if
necessary for the disabled person to use
the housing
Example: A building with a no pets policy
must allow a visually impaired tenant to keep
a guide dog.
Example: An apartment complex that offers
tenants ample, unassigned parking must honor
a request from a mobility-impaired tenant
for a reserved space near her apartment if
necessary to assure that she can have access
to her apartment.
However, housing need not be made available
to a person who is a direct threat to the health
or safety of others or who currently uses
illegal drugs.
3
Requirements for New Buildings: In buildings
that are ready for first occupancy after
March 13, 1991, and have an elevator
or four or more units:
Public and common areas must be
accessible to persons with disabilities
Doors and hallways must be wide enough
for wheelchairs
All units must have:
An accessible route into and through
the unit
Accessible light switches, electrical
outlets, thermostats and other
environmental controls
Reinforced bathroom walls to allow later
installation of grab bars and
Kitchen and bathrooms that can be used
by people in wheelchairs
If a building with four or more units has no
elevator and will be ready for first occupancy
after March 13, 1991, these standards apply to
ground floor units.
These requirements for new buildings do not
replace any more stringent standards in State
or local law.
4
Housing Opportunities Unless a building or community qualifies
for .amilies as housing for older persons, it may not
discriminate based on familial status. That is,
it may not discriminate against families in
which one or more children under 18 live with:
A parent
A person who has legal custody of the child
or children or
The designee of the parent or legal
custodian, with the parent or custodians
written permission.
.amilial status protection also applies to
pregnant women and anyone securing legal
custody of a child under 18.
Exemption: Housing for older persons is
exempt from the prohibition against familial
status discrimination if:
The HUD Secretary has determined that it is
specifically designed for and occupied by
elderly persons under a .ederal, State or
local government program or
It is occupied solely by persons who are
62 or older or
It houses at least one person who is 55 or
older in at least 80 percent of the occupied
units, and adheres to a policy that
demonstrates an intent to house persons
who are 55 or older.
A transition period permits residents on or
before September 13, 1988 to continue living
in the housing, regardless of their age, without
interfering with the exemption.
5
If You Think Your Rights HUD is ready to help with any problem of
Have Been Violated housing discrimination. If you think your
rights have been violated, you may write a
letter or telephone the HUD office nearest you.
You have one year after an alleged violation
to file a complaint with HUD, but you should
file it as soon as possible.
What to Tell HUD
Your name and address
The name and address of the person
your complaint is against (the
respondent)
The address or other identification of the
housing involved
A short description of the alleged violation
(the event that caused you to believe your
rights were violated)
The date(s) of the alleged violation
Where to Write or Call: Send a letter to the
fair housing office nearest you, or if you wish,
you may call that office directly. (The direct dial
and TTY numbers for the deaf/hard of hearing
users are not toll free.)
.or Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, and Vermont:
NEW ENGLAND O..ICE
(Marcella_Brown@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
Thomas P. ONeill, Jr. .ederal Building
10 Causeway Street, Room 321
Boston, MA 02222-1092
Telephone (617) 994-8300 or 1-800-827-5005
.ax (617) 565-7313 TTY (617) 565-5453
.or New Jersey and New York:
NEW YORK/NEW JERSEY O..ICE
(Stanley_Seidenfeld@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
26 .ederal Plaza, Room 3532
New York, NY 10278-0068
Telephone (212) 264-1290 or 1-800-496-4294
.ax (212) 264-9829 TTY (212) 264-0927
6
.or Delaware, District of Columbia,
Maryland,
Pennsylvania, Virginia, and West Virginia:
MID-ATLANTIC O..ICE
(Wanda_Nieves@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-9344
Telephone (215) 656-0662 or 1-888-799-2085
.ax (215) 656-3419 TTY (215) 656-3450
.or Alabama, the Caribbean, .lorida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee:
SOUTHEAST/CARIBBEAN O..ICE
(Gregory_King@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
.ive Points Plaza
40 Marietta Street, 16th .loor
Atlanta, GA 30303-2808
Telephone (404) 331-5140 or 1-800-440-8091
.ax (404) 331-1021 TTY (404) 730-2654
.or Illinois, Indiana, Michigan, Minnesota,
Ohio, and Wisconsin:
MIDWEST O..ICE
(Barbara_Knox@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
Ralph H. Metcalfe .ederal Building
77 West Jackson Boulevard, Room 2101
Chicago, IL 60604-3507
Telephone (312) 353-6236 or 1-800-765-9372
.ax (312) 886-2837 TTY (312) 353-7143
7
.or Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas:
SOUTHWEST O..ICE
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
801 North Cherry, 27th .loor
.ort Worth, TX 76102
Telephone (817) 978-5900 or 1-888-560-8913
.ax (817) 978-5876 or 5851 TTY (817) 978-5595
.or Iowa, Kansas, Missouri and Nebraska:
GREAT PLAINS O..ICE
(Robbie_Herndon@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
Gateway Tower II
400 State Avenue, Room 200, 4th .loor
Kansas City, KS 66101-2406
Telephone (913) 551-6958 or 1-800-743-5323
.ax (913) 551-6856 TTY (913) 551-6972
.or Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming:
ROCKY MOUNTAINS O..ICE
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
633 17th Street
Denver, CO 80202-3607
Telephone (303) 672-5437 or 1-800-877-7353
.ax (303) 672-5026 TTY (303) 672-5248
8
.or Arizona, California, Hawaii, and
Nevada:
PACI.IC/HAWAII O..ICE
(Charles_Hauptman@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
Phillip Burton .ederal Building
and U.S. Courthouse
450 Golden Gate Avenue
San .rancisco, CA 94102-3448
Telephone (415) 436-8400 or 1-800-347-3739
.ax (415) 436-8537 TTY (415) 436-6594
.or Alaska, Idaho, Oregon, and Washington:
NORTHWEST/ALASKA O..ICE
(Judith_Keeler@hud.gov)
.air Housing Enforcement Center
U.S. Department of Housing
and Urban Development
Seattle .ederal Office Building
909 .irst Avenue, Room 205
Seattle, WA 98104-1000
Telephone (206) 220-5170 or 1-800-877-0246
.ax (206) 220-5447 TTY (206) 220-5185
If after contacting the local office nearest you,
you still have questions you may contact HUD
further at:
U.S. Department of Housing
and Urban Development
Office of .air Housing and Equal Opportunity
451 7th Street, S.W., Room 5204
Washington, DC 20410-2000
Telephone (202) 708-0836 or 1-800-669-9777
.ax (202) 708-1425 TTY 1-800-927-9275
9
If You Are Disabled: HUD also provides:
A TTY phone for the deaf/hard of hearing
users; see above list for the HUD office
nearest you.
Interpreters
Tapes and braille materials
Assistance in reading and
completing forms
What Happens When You HUD will notify you when it receives your
.ile A Complaint? complaint. Normally, HUD also will:
Notify the alleged violator of your complaint
and permit that person to submit an answer
Investigate your complaint and determine
whether there is reasonable cause to believe
the .air Housing Act has been violated
Notify you if it cannot complete an
investigation within 100 days of receiving
your complaint
Conciliation: HUD will try to reach an
agreement with the person your complaint
is against (the respondent). A conciliation
agreement must protect both you and the
public interest. If an agreement is signed,
HUD will take no further action on your
complaint. However, if HUD has reasonable
cause to believe that a conciliation agreement
is breached, HUD will recommend that the
Attorney General file suit.
Complaint Referrals: If HUD has determined
that your State or local agency has the same
fair housing powers as HUD, HUD will refer
your complaint to that agency for investigation
and notify you of the referral. That agency
must begin work on your complaint within
30 days or HUD may take it back.
10
Does the If you need immediate help to stop a serious
U.S. Department problem that is being caused by a .air Housing
Act violation, HUD may be able to assist you
of Justice
as soon as you file a complaint. HUD may
Play A Role? authorize the United States Attorney General
to go to court to seek temporary or preliminary
relief, pending the outcome of your complaint,
if:
Irreparable harm is likely to occur without
HUDs intervention
There is substantial evidence that a violation
of the .air Housing Act occurred
Example: A builder agrees to sell a house
but, after learning the buyer is black, fails
to keep the agreement. The buyer files a
complaint with HUD. HUD may authorize the
Attorney General to go to court to prevent a
sale to any other buyer until HUD investigates
the complaint.
11
What Happens After If, after investigating your complaint, HUD
A Complaint Investigation? finds reasonable cause to believe that
discrimination occurred, it will inform you.
Your case will be heard in an administrative
hearing within 120 days, unless you or the
respondent want the case to be heard in
.ederal district court. Either way, there is no
cost to you.
The Administrative Hearing: If your case
goes to an administrative hearing HUD
attorneys will litigate the case on your
behalf. You may intervene in the case and
be represented by your own attorney if you
wish. An Administrative Law Judge (ALJ)
will consider evidence from you and the
respondent. If the ALJ decides that
discrimination occurred, the respondent
can be ordered:
To compensate you for actual damages,
including humiliation, pain and suffering.
To provide injunctive or other equitable
relief, for example, to make the housing
available to you.
To pay the .ederal Government a civil
penalty to vindicate the public interest. The
maximum penalties are $11,000 for a first
violation, $27,500 for a previous violation
within the preceding five year period and
$55,000 for two or more previous violations
within the preceding seven years.
To pay reasonable attorneys fees and costs.
.ederal District Court: If you or the
respondent choose to have your case decided
in .ederal District Court, the Attorney General
will file a suit and litigate it on your behalf.
Like the ALJ, the District Court can order relief,
and award actual damages, attorneys fees
and costs. In addition, the court can award
punitive damages.
12
In Addition You May .ile Suit: You may file suit, at your
expense, in .ederal District Court or State
Court within two years of an alleged violation.
If you cannot afford an attorney, the court may
appoint one for you. You may bring suit even
after filing a complaint, if you have not signed
a conciliation agreement and an Administrative
Law Judge has not started a hearing. A court
may award actual and punitive damages and
attorneys fees and costs.
Other Tools to Combat Housing
Discrimination:
If there is noncompliance with the order of
an Administrative Law Judge, HUD may
seek temporary relief, enforcement of the
order or a restraining order in a United
States Court of Appeals.
The Attorney General may file a suit in
.ederal District Court if there is reasonable
cause to believe a pattern or practice of
housing discrimination is occurring.
.or .urther Information:
The purpose of this brochure is to summarize
your right to fair housing. The .air Housing Act
and HUDs regulations contain more detail
and technical information. If you need a copy
of the law or regulations, contact the HUD fair
housing office nearest you. See the list of .air
Housing Enforcement Centers on page 6-9.
13
U.S. Department of Housing
and Urban Development
Room 5204
Washington, D.C. 20410-2000
HUD-1686-.HEO
January 2002