How to File a Housing Discrimination Complaint With HUD

HUD accepts complaints from people harmed by housing discrimination

You can report housing discrimination to the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity if you believe discriminatory treatment affected your housing rights.

Under the Fair Housing Act, anyone who has been or will be harmed by a discriminatory housing practice may file an allegation.

The complaint process can cover discrimination involving:

• renting a home or apartment;
• buying residential property;
• mortgage lending and other residential real estate financing;
• housing assistance;
• property management;
• homeowners associations;
• housing-related insurance; and
• other activities that affect access to housing.

Seven protected characteristics are covered by the federal Fair Housing Act

The Fair Housing Act prohibits housing discrimination because of:

• race;
• color;
• national origin;
• religion;
• sex;
• familial status; and
• disability.

HUD explains that the law protects people when renting or buying a home, obtaining a mortgage, seeking housing assistance and participating in other housing-related activities.

Complaints can involve landlords, lenders, agents and other housing actors

A Fair Housing Act complaint can be filed against people or organizations that affect housing opportunities.

HUD lists examples including:

• property owners;
• landlords and property managers;
• developers;
• real estate agents;
• mortgage lenders;
• homeowners associations;
• insurance providers; and
• other people or entities involved in housing decisions.

File within one year of the most recent discriminatory practice

Under the Fair Housing Act, an aggrieved person must generally file a HUD complaint within 1 year after the alleged discriminatory housing practice occurred or ended.

If the discrimination happened repeatedly or is continuing, identify the most recent date when reporting it.

HUD recommends reporting discrimination as soon as possible because evidence can become harder to obtain and legal filing periods continue to run.

Other civil-rights authorities can have different filing rules

HUD enforces other civil-rights laws in federally assisted housing and community-development programs in addition to the Fair Housing Act.

HUD states that some of these authorities may permit allegations after 1 year for good cause. Do not assume the Fair Housing Act deadline controls every other federal housing civil-rights claim.

HUD provides an online complaint system

You can report housing discrimination through HUD's online complaint system.

The online form asks for information about why you believe discrimination occurred, who was responsible, where the housing is located, when the discrimination happened and what occurred.

It also requests contact information so a HUD fair housing specialist can follow up.

HUD also accepts complaints without using the online system

You can report housing discrimination by calling HUD's FHEO intake line at 1-800-669-9777.

HUD also accepts complaints by mail through its regional Office of Fair Housing and Equal Opportunity offices.

HUD provides accessibility options for people who are deaf, hard of hearing or have speech or communication disabilities.

Give HUD enough detail to understand the alleged violation

HUD asks complainants to provide as much relevant information as possible, including:

• your name and address;
• the name and address of the person or organization your allegation is against;
• the address or other identification of the housing or program involved;
• a short description of what happened;
• why you believe your rights were violated; and
• the date or dates of the alleged discrimination.

If the conduct happened repeatedly or is continuing, state the most recent date and explain the pattern.

Preserve records that show what happened and how people were treated

HUD's complaint process allows you to explain any evidence you may have and identify witnesses.

Useful records can include:

• rental or purchase applications;
• leases and notices;
• advertisements or listings;
• emails and text messages;
• letters from a landlord, agent, lender or association;
• mortgage or loan documents;
• reasonable accommodation requests and responses;
• photographs;
• names and contact information for witnesses; and
• records showing how similarly situated people were treated differently.

You do not need to prove the entire case before contacting HUD. The intake and investigation processes are designed to determine whether the facts support a federal civil-rights violation.

A fair housing specialist reviews whether HUD has authority to investigate

After HUD receives the initial information, FHEO begins an intake review.

A fair housing specialist may interview you and request additional details. HUD then determines whether a formal allegation can be filed under one or more laws it enforces.

If the allegation is within HUD's jurisdiction, FHEO may prepare a formal complaint for review and signature and notify the respondent that the complaint has been filed.

Some complaints are investigated by Fair Housing Assistance Program partners

HUD works with state and local agencies through the Fair Housing Assistance Program.

If an allegation also falls under a state or local fair housing law administered by a certified or interim-certified agency, HUD may refer the complaint to that agency for investigation, conciliation and enforcement.

A referral does not mean the allegation has been rejected. The partner agency is handling the case through HUD's federal-state fair housing enforcement system.

Investigators gather facts from both sides

During an investigation, HUD or its partner agency may obtain information from the complainant, respondent and relevant witnesses.

The investigation can include:

• interviews;
• document requests;
• review of housing or lending records;
• analysis of relevant policies and communications; and
• other evidence needed to determine whether discrimination occurred.

The respondent receives notice of the formal complaint and an opportunity to respond.

Federal law generally sets a 100-day investigation period

The Fair Housing Act directs HUD to investigate and make a reasonable-cause determination within 100 days after the complaint is filed unless completing the process within that period is impracticable.

If HUD cannot make the determination within 100 days, federal law requires HUD to notify the complainant and respondent in writing and explain why.

The 100-day rule is therefore a statutory target, not a guarantee that every investigation will close within exactly 100 days.

HUD tries to resolve the dispute voluntarily during the investigation

Throughout the investigation, HUD attempts to help the parties resolve the matter through a voluntary agreement when appropriate.

No party is required to accept a proposed settlement.

If the parties reach acceptable terms, HUD may prepare a Conciliation Agreement, a Voluntary Compliance Agreement or another applicable resolution document.

After a signed agreement resolves the case, HUD closes the investigation and may monitor compliance with the agreement.

HUD dismisses the Fair Housing Act complaint

After completing the investigation, HUD determines whether reasonable cause exists to believe discrimination occurred or is about to occur.

If HUD finds no reasonable cause, it dismisses the complaint and notifies the parties.

HUD states that a complainant may request a copy of the Final Investigative Report.

The Fair Housing Act does not provide a formal administrative appeal from a no-reasonable-cause determination, although HUD currently accepts written requests for reconsideration review.

HUD issues a formal Charge of Discrimination

If HUD determines that reasonable cause exists, it issues a Determination of Reasonable Cause and Charge of Discrimination.

The charge moves the matter from investigation into an enforcement proceeding.

At that stage, the complainant and respondent receive important procedural rights concerning where the case will be heard.

Either side can choose federal district court

After receiving notice of a Fair Housing Act charge, the complainant or respondent has 20 days to elect to have the matter decided in federal district court.

If nobody makes the election within that period, the case proceeds before a HUD Administrative Law Judge.

HUD attorneys can represent the complainant at no cost

If the case proceeds administratively, a HUD Administrative Law Judge conducts the hearing in or near the area where the alleged discrimination occurred.

The parties can:

• appear personally;
• have legal representation;
• present evidence;
• cross-examine witnesses; and
• use discovery procedures.

HUD states that its attorneys are assigned to represent the complainant during the ALJ proceeding at no cost to the complainant, although the complainant may choose to intervene with private counsel.

The Department of Justice handles the government's federal court case

If a complainant or respondent timely elects federal district court after HUD issues a charge, the U.S. Department of Justice handles the government's litigation.

Federal court remedies can include:

• compensation for actual damages;
• injunctive relief;
• equitable relief such as making housing available;
• reasonable attorney's fees where applicable; and
• punitive damages.

A private lawsuit has a separate two-year filing period

HUD's administrative complaint is not the only Fair Housing Act enforcement route.

An aggrieved person may generally file a private civil lawsuit within 2 years of the most recent alleged discriminatory housing practice.

HUD explains that time during which an administrative Fair Housing Act proceeding is pending is generally excluded when calculating that 2-year period.

Restrictions can apply after a conciliation agreement has resolved the matter or once an administrative hearing has begun, so obtain legal advice before choosing between overlapping remedies.

Federal law protects people who complain or assist others

Retaliation is illegal under the Fair Housing Act.

HUD states that a person cannot lawfully retaliate against someone because that person:

• reported a discriminatory housing practice;
• filed a HUD allegation;
• testified;
• assisted another person; or
• participated in a fair housing proceeding.

You can report retaliation to HUD even when it happens after the underlying housing dispute or investigation.

HUD investigates disability-related denials and unequal treatment

The Fair Housing Act protects people from housing discrimination because of disability.

A complaint may involve issues such as a housing provider's refusal to provide a legally required reasonable accommodation or other unequal treatment because of disability.

Federal guidance confirms that a person alleging disability discrimination may file a complaint with HUD within the applicable Fair Housing Act period and HUD investigates the complaint at no cost.

Fair housing protections also apply to residential lending

The Fair Housing Act's protections extend beyond landlords and rental housing.

HUD states that prohibited discrimination can occur in the residential mortgage process, including:

• loan approvals and denials;
• interest rates, points, fees and other terms;
• advertising;
• mortgage broker services;
• property appraisals;
• loan servicing;
• home-loan modification assistance; and
• homeowners insurance.

A homeowner in financial distress who also needs help understanding foreclosure alternatives can separately review how to obtain free HUD-approved foreclosure counseling. That counseling procedure is separate from filing a discrimination complaint.

Avoid deadline and evidence problems that can weaken your complaint

• Waiting too long: Fair Housing Act complaints generally must reach HUD within 1 year of the alleged discriminatory practice.
• Giving only a conclusion: explain what happened, who was involved, where it happened and why you believe the conduct was discriminatory.
• Leaving out the latest date: if conduct was repeated or ongoing, identify the most recent event.
• Discarding evidence: preserve messages, applications, notices, advertisements, accommodation requests, loan records and witness information.
• Assuming only tenants can complain: the Fair Housing Act also covers buyers, homeowners, mortgage borrowers and other housing-related transactions.
• Ignoring retaliation: retaliation for exercising fair housing rights is itself prohibited.
• Assuming a HUD investigation must end exactly on day 100: the statute permits additional time when completion within 100 days is impracticable, with written notice explaining the delay.

Report the facts promptly and preserve your evidence

If you believe a landlord, seller, lender, agent, homeowners association or another housing actor discriminated against you, record the facts and dates immediately.

Submit the allegation through HUD's online system, call 1-800-669-9777, or use HUD's mail process.

Because the Fair Housing Act generally provides only 1 year to file with HUD, do not postpone the complaint simply because you are still gathering additional evidence.