The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, disability, familial status, and national origin. This covers renting, buying, mortgage lending, and insurance.
15 steps across 2 sections
1. Steps Process
- Identify the discrimination — Determine what happened and which protected class is involved. Examples: refusal to rent or sell, different lease terms, steering to certain neighborhoods, denial of r...
- Document everything — Save emails, texts, rental applications, advertisements, and any written communications. Take notes with dates, times, and names of people involved. If possible, get witness s...
- File a complaint with HUD — Submit online at hud.gov/reporthousingdiscrimination, by email, phone (1-800-669-9777), or mail. The complaint form (HUD-903) is available in multiple languages. You can...
- Provide detailed information — Your complaint should include: who discriminated against you, what happened, when it happened, the address of the housing involved, and why you believe it was discrim...
- FHEO investigation — FHEO investigates within 100 days (complex cases may take longer). They interview parties, request documents, and attempt conciliation (voluntary resolution).
- Conciliation — FHEO will try to help both parties reach a voluntary agreement. If successful, the agreement is enforceable by the court.
- Determination — If conciliation fails, HUD determines whether "reasonable cause" exists to believe discrimination occurred.
- Hearing or civil trial — If reasonable cause is found, either party can elect a federal civil trial (within 20 days) or the case proceeds to an administrative hearing before an ALJ.
2. Key Details
- Filing deadline: Within 1 year of the last discriminatory act
- Protected classes (federal): race, color, religion, sex, disability, familial status, national origin
- Many states add: sexual orientation, gender identity, source of income, age, marital status, veteran status
- Disability accommodations: landlords must allow reasonable modifications and provide reasonable accommodations (e.g., allowing service/emotional support animals even in "no pets" buildings)
- Familial status: cannot discriminate against families with children under 18 (exception: qualifying senior housing)
- Retaliation is separately illegal
- Penalties: compensatory damages, injunctive relief, civil penalties up to $16,000+ (first offense)
Common Mistakes
- Not filing within the 1-year deadline
- Not documenting discriminatory statements or actions
- Only filing with the state agency and missing the federal filing
- Assuming discrimination must be overt (subtle discrimination like steering co...
- Not requesting reasonable accommodations in writing
Pro Tips
- HUD complaints are free to file and you do not need an attorney
- Fair housing testing organizations can help prove discrimination (they send t...
- Many local fair housing organizations provide free legal assistance
- File with both HUD and your state/local fair housing agency for maximum prote...
- Keep a timeline of events — chronological organization makes your complaint s...