Laws at all levels of government—federal, state, and local—prohibit certain forms of housing discrimination. The federal Fair Housing Act (FHA) bans housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. (42 U.S.C. §§ 3601 and following.) These same categories of discrimination are illegal at the state and local level, too, and many state and local laws outlaw additional types of discrimination. All these laws have their own procedures for filing a fair housing complaint, and it can be difficult to figure out which ones apply to your situation. A lawyer can help you navigate the various laws, and can assist you in deciding if, how, and where you should file a fair housing complaint.

If you believe a housing provider has discriminated against you on one of the grounds barred by the FHA, and you’d like to file a federal fair housing complaint, here’s some information on how to start the process and what to expect.

Step 1: File a Complaint

The U.S. Department of Housing and Urban Development (HUD) enforces the FHA. HUD’s Office of Fair Housing and Equal Opportunity (FHEO) is responsible for receiving and investigating fair housing complaints. Your first step in making a federal fair housing complaint is to file a complaint with FHEO.

You can call FHEO directly to make a complaint, or you can file a complaint form. The complaint forms are available online in multiple languages, and FHEO accepts completed forms online, by email, by mail, or in person at one of FHEO’s ten regional offices.

If you intend to file a complaint with FHEO, you should do it as soon as possible—FHEO can only investigate complaints filed within one year after the alleged discrimination occurred. Be sure to provide as much information as you can on the complaint form, because the information you provide is crucial to FHEO’s ability to evaluate your case and proceed with an investigation.

Step 2: Investigation

After receiving a complaint, FHEO either assigns its own investigator to the case or refers the case to one of its Fair Housing Assistance Program partners for investigation. Fair Housing Assistance Program partners are state or local agencies certified by HUD to investigate complaints, and they provide the same rights, procedures, and remedies as HUD. FHEO recommends being prepared to provide investigators with the following information:

• a timeline of events
• the location of events
• the names and contact information of people who were present when the events occurred
• contact information for any other people who might have information related to your complaint, and
• any relevant documents, such as house rules, an advertisement, or your lease.

The investigator will likely interview people who witnessed the events, gather documents, and inspect property (if a physical inspection is relevant to your complaint). The party you filed the complaint against (the respondent) receives notice of your complaint and will have an opportunity to respond. It’s important to note that retaliation for filing a complaint is illegal; if you believe that you are being retaliated against, be sure to alert FHEO.

Throughout the investigation, FHEO will try to help you resolve the complaint with the respondent. Don’t feel you must reach an agreement—any resolution at this point is completely voluntary. If you do agree to a resolution, FHEO will prepare a document outlining the agreement and will ask for the signatures of everyone involved. This document is called a Conciliation Agreement or a Compliance Agreement, or both. FHEO closes the investigation when the parties reach an agreement. If HUD later finds out—either through its own follow-up or a report from one of the parties—that a party has violated the Compliance Agreement, it will refer the case to the U.S. Attorney General. The Attorney General can then file a suit in federal court to enforce the Agreement. A party to a Compliance Agreement can also file a lawsuit in federal court on their own to enforce the Agreement.

If you don’t reach an agreement, you’ll receive a written report when FHEO finishes its investigation. The point of the investigation is not to make a final decision about your complaint—it is simply to determine if the complaint should move forward. When FHEO decides that there’s enough evidence to show that a fair housing violation might have occurred, it issues a “Determination of Reasonable Cause and a Charge of Discrimination,” called a “Charge.”

Step 3: Legal Action

Once FHEO issues a Charge about a complaint, HUD can do one of two things: send the case to an administrative hearing in its Office of Hearings and Appeals (OHA), or refer the case to the U.S. Attorney General to file a lawsuit in federal court. Either way, the government will file the complaint on your behalf, meaning that the government—not you—is the named party (the plaintiff) in the administrative hearing or the federal lawsuit. HUD will assign you an attorney free of charge for either the OHA hearing or the federal lawsuit.

The decision to go to federal court is made by the parties (you or the landlord), not by FHEO. That decision must be made within 20 days after FHEO issues the Charge. If neither you nor the landlord chooses to go to federal court, HUD automatically sends the case to an OHA hearing.

If There Is an OHA Hearing

The OHA hearing will resemble a trial in some ways, like the questioning of witnesses and the presentation of evidence, but not in all respects. For example:

• An OHA hearing is usually shorter and less formal than a trial.
• An administrative law judge (ALJ) conducts the hearing. The ALJ works for the federal government, but like all judges, ALJs are required to be impartial. Their only duty is to uphold the law.
• Neither side has the option to ask for a jury. The ALJ decides the outcome.

If you hire an attorney and the ALJ decides the hearing in your favor, the ALJ has the power to award you reasonable attorney fees. An ALJ can also:

• award actual damages, including out-of-pocket expenses and emotional distress damages
• order permanent injunctive relief, which requires the respondent to stop doing a certain thing, such as refusing to rent to people of color
• grant equitable relief, which is an order for the respondent to do something to make you whole, such as offer you a unit to rent, and
• make the respondent pay a civil penalty, akin to a fine (the government gets the money).

What the ALJ orders—or doesn’t order—depends on the facts of the case. If the ALJ decides no discrimination occurred, you can accept the findings or discuss the possibility of an appeal with a lawyer.

If the Complaint Is Filed in Federal Court

If you or the respondent elects a federal trial, HUD must refer your case to the U.S. Department of Justice (DOJ). The DOJ files the lawsuit on your behalf in the U.S. District Court where the alleged discrimination occurred. Similar to an OHA hearing, you have the right to retain your own attorney.

All of the federal court rules regarding trial and courtroom procedures, evidence, and filing motions apply to your trial, and you or the respondent may demand a jury trial. The judge (or jury) has the discretion to award the same relief as an ALJ in an administrative hearing. In addition, they can order the respondent to pay punitive damages to punish particularly bad behavior. If you wish to appeal the court’s decision, the standard federal court appeals rules apply.

Other Considerations

Just because you’ve filed an FHA complaint doesn’t necessarily mean you can’t file a state or local complaint. Depending on where you are in the FHA complaint process, you might also be able to file a private lawsuit. Consult with a lawyer to discuss if bringing more than one complaint action is a good strategy for your situation.