If You Have Experienced Race Discrimination in Housing

There is a process established for individuals who feel they have suffered race discrimination under the Fair Housing Act. HUD has a Housing Discrimination Complaint Form available to individuals who wish to register a complaint against a property owner. This form is available from a local HUD office (get more information here). The complaint should include your name and address, the name and address of the person your complaint is against, the address of the property involved, a brief description of the alleged violations, and the date on which the violation occurred.

After the complaint is received, HUD will determine whether your state or local agency has the same powers as HUD, and refer the case to the local agency if they are competent to act on the complaint. If HUD retains the case, they will conduct an investigation and determine whether there are grounds to believe that the Fair Housing Act has been violated. If reasonable grounds exist, HUD will try to reach an agreement with the violator. If an agreement can be reached, HUD will not pursue further action.

Your Right to be Represented by Counsel

If necessary, the case may be heard in an administrative hearing at a local HUD office, or before a similar local agency. If your case goes to an administrative hearing you have the right to be represented. You may choose to be represented by a HUD attorney or you may seek legal counsel on your own.

At the administrative hearing, the administrative law judge will determine whether you are entitled to actual damages, including humiliation, pain and suffering. You may also qualify for equitable relief (non-financial awards), which may include the following: requiring that housing be made available to you; ordering that the violator pay a civil penalty to the federal government; or ordering the payment of reasonable attorney's fees and costs. Furthermore, you are entitled to file suit in federal district court or state court within two years of any violation. You are entitled to bring a suit if you have not signed a conciliation agreement and an administrative law judge has not started a hearing.

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