If a tenant has reason to believe that they have faced discrimination on the basis of disability, they should file a complaint through The United States Department of Housing and Urban Development (HUD). HUD’s Office of Fair Housing and Equal Opportunity (FHEO) handles complaints. Situations wherein a tenant may file a complaint may include but are not limited to:
Complaints go through a process of intake, investigation, conciliation or voluntary compliance, and legal action. The following is an outline of the steps in the complaint process.
The complaint process begins with intake. When HUD receives a report of alleged discrimination, they first verify whether the incident is in violation of its laws and mandates. If the report reflects an instance of discrimination, FHEO will file a formal complaint. FHEO may conduct an interview with the complaining party to better grasp the situation.
FHEO may draft up a formal written complaint, have the reporting individual sign it, and notify all appropriate parties that a complaint has been filed. It’s not uncommon for FHEO to refer complaints to a state or local government agency for investigation.
Let’s say, for example, that a tenant claims that their landlord has raised the cost of rent because the tenant wants to install a grab-bar in the shower. To do so would be illegal on the landlord’s part. Therefore, the claim could be filed as a complaint and would necessitate an investigation. We'll come back to this example in a moment.
If a formal complaint has been filed, HUD will assign one or more investigators to investigate the alleged discrimination. The investigator may ask the complaining party to provide more information about the complaint. This may include the time and place of the incident, other people involved or present, and any documents relevant to the complaint.
Investigators will conduct interviews with any relevant parties and witnesses. This includes giving the alleged violating party a chance to respond to the allegations of discrimination. The investigators may also inspect relevant properties and read through any relevant documentation. Upon conclusion of the investigation, HUD will send the complaining party a written report of all its findings.
Investigators would also interview the tenant about the alleged discrimination and may ask for documents proving that the landlord has violated the Fair Housing Act.
Throughout the investigation process, HUD will do its part to help both parties reach this agreement to avoid legal action. This can happen at any time during the investigation. Any agreement is strictly voluntary. Neither party has to accept an offer.
In the modification scenario, investigators may encourage the landlord and tenant to reach an agreement. An agreement, in this case, could be one that dictates that the landlord refunds any unduly paid rent so long as the tenant is responsible for the cost of the grab bar.
Should an agreement be reached, HUD will prepare an official document for both parties to sign. This may be referred to as a conciliation agreement or a voluntary compliance agreement. Upon both parties signing the agreement, the investigation will close. Any follow-up from HUD would be to track whether the agreement is being upheld.
If discrimination has taken place and an agreement can’t be reached, a complaint may result in legal action. This will come in the form of a Fair Housing Act case or other civil rights case brought by the government. The type of case is dependent on the findings of the HUD investigation. Examples of the relief sought in these cases can include compensation, changes in policy, or training.
In the modification example, relief may constitute a court ruling that the landlord may not raise the cost of the rent. The court may also rule that the landlord refund all undue rent surcharges for the modification.
Cases before a HUD Administrative Law Judge are handled by HUD’s office of general counsel. Cases in the federal courts are handled by the Justice Department. The government will not charge the complaining party any legal fees if legal action is pursued.
If you wish to file a complaint through HUD, there are a few ways to do so:
HUD also offers toll-free teletypewriters and disability-related assistance upon request.