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.
Requirements
for New Buildings
In buildings that are ready for first occupancy after March 13,
1991, and have an elevator and 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
Kitchens 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.
Housing
Opportunities For Families
Unless a building or community qualifies 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 custodian's written permission.
Familial 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 Federal, 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.
If
You Think Your Rights Have Been Violated
HUD is ready to help with any problem of housing discrimination.
If you think your rights have been violated, the Housing Discrimination
Complaint Form is available for you to download, complete and
return, or complete online and submit, or you may write HUD 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 to the housing involved
A short description to the alleged violation (the event that caused
you to believe your rights were violated)
The date(s) to the alleged violation
Where to Write or Call:
Send the Housing Discrimination Complaint Form or a letter to
the HUD Office nearest you or you may call that office directly.
If
You Are Disabled:
HUD also provides:
A
toll-free TTY phone for the hearing impaired: 1-800-927-9275.
Interpreters
Tapes and braille materials
Assistance in reading and completing forms
What Happens When You File A Complaint?
HUD will notify you when it receives your 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 Fair 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.
What
If You Need Help Quickly?
If you need immediate help to stop a serious problem that is being
caused by a Fair Housing Act violation, HUD may be able to assist
you as soon as you file a complaint. HUD may authorize the 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 HUD's intervention
There is substantial evidence that a violation of the Fair 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.
What
Happens After A Complaint Investigation?
If, after investigating your complaint, HUD 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 Federal
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 (ALA) will consider evidence from you and the respondent.
If the ALA 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 Federal Government a civil penalty to vindicate the
public interest. The maximum penalties are $10,000 for a first
violation and $50,000 for a third violation within seven years.
To pay reasonable attorney's fees and costs.
Federal District Court
If you or the respondent choose to have your case decided in Federal
District Court, the Attorney General will file a suit and litigate
it on your behalf. Like the ALA, the District Court can order
relief, and award actual damages, attorney's fees and costs. In
addition, the court can award punitive damages.
In
Addition
You May File Suit: You may file suit, at your expense, in Federal
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 attorney's 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 a Federal District Court if
there is reasonable cause to believe a pattern or practice of
housing discrimination is occurring.
For
Further Information:
The Fair Housing Act and HUD's regulations contain more detail
and technical information. If you need a copy of the law or regulations,
contact the HUD Office nearest you.
U.S.
Department of Housing and Urban Development
451 7th Street, S.W., Washington, DC 20410
Telephone: (202) 708-1112 TTY: (202) 708-1455
