Preferred Corporate Housing

Race or color
National origin
Religion
Sex
Familial 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

The Fair 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.

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:

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
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (blockbusting)
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

In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

Refuse to make a mortgage loan
Refuse to provide information regarding loans
Impose different terms or conditions on a loan
Discriminate in appraising property
Refuse to purchase a loan
Set different terms or conditions for purchasing a loan

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. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.

Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, 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
Are regarded as having such a disability

Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the handicapped 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 handicapped 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.

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

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
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.

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
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
It is occupied solely by persons who are 62 or older
It houses at least one person who is 55 or older in at least 80 percent of the occupied units; has significant services and facilities for older persons; and adheres to a published policy statement 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.

HUD is ready to help with any problem of housing discrimination. If you think your rights have been violated, you may download a Housing Discrimination Complaint form 903 from HUD's website to complete and return, write HUD a letter, or telephone the HUD Hot line. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.

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

Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
Room 5204
Washington, D.C. 20410-2000

If you wish, you may use the toll-free Hot line number: 1-800-669-9777. (In Washington, D.C. call 708-0836.)

A toll-free TDD phone for the hearing impaired: 1-800-927-9275. (In Washington, D.C., call 708-0836.)
Interpreters
Tapes and braille materials
Assistance in reading and completing forms

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

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.

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.

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.

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.

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 Federal Government a civil penalty to vindicate the public interest (up to statutory maximums for repeat violations)
To pay reasonable attorney's fees and costs

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 ALJ, the District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages.

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.

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.

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 or:

Office of Fair Housing and Equal Opportunity
Room 5116
Department of Housing and Urban Development
451 Seventh Street, S.W.
Washington, D.C. 20410-2000
(202) 708-2878

Menu

Fair Housing — It’s Your Right

What Housing Is Covered?

What Is Prohibited?

Additional Protection If You Have a Disability

Requirements for New Buildings

Housing Opportunities For Families

If You Think Your Rights Have Been Violated

What to Tell HUD

Where to Write

Where to Call

If You Are Disabled

What Happens When You File A Complaint?

Conciliation

Complaint Referrals

What If You Need Help Quickly?

What Happens After A Complaint Investigation?

The Administrative Hearing

Federal District Court

In Addition

Other Tools to Combat Housing Discrimination

For Further Information

Our Memberships & Accreditations