What is the Fair Housing Act?
The Fair Housing Act prohibits discrimination
in housing on the basis of race, color, religion, sex, nationalorigin,
familial status, or disability by housing providers, such as landlords
and real estate companies as well as other entities, such as
municipalities, banks or other lending institutions, and homeowners
insurance companies.
How does the
Department of Justice enforce the Fair Housing Act?
Under the Fair Housing Act, the Department of
Justice may start a lawsuit where it has reason to believe that a
person or entity is engaged in a "pattern or practice" of
discrimination or where a denial of rights to a group of persons raises
an issue of general public importance. Through these lawsuits, the
Department can obtain money damages, both actual and punitive damages,
for those individuals harmed by a defendant's discriminatory actions as
well as preventing any further discriminatory conduct. The defendant
may also be required to pay money penalties to the United States. If
you have information that suggests a pattern or practice of
discrimination in housing, please contact us.
The Department of Housing and Urban Development
[HUD] nvestigates individual cases of discrimination in housing. If HUD
determines that reasonable cause exists to believe that a
discriminatory housing practice has occurred, then either the
complainant or the respondent (the person against whom the complaint
was filed) may elect to have the case heard in federal court. In those
instances, the Department of Justice will bring the case on behalf of
the individual complainant.
In addition, where force or a threat of force
is used to deny or interfere with fair housing rights, the Department
of Justice may begin criminal proceedings.
Finally, in cases involving discrimination in
home mortgage loans or home improvement loans, the Department may file
suit under both the Fair Housing Act and the Equal Credit Opportunity
Act.
What do I do if I
believe I have been the victim of illegal discrimination in housing?
Individuals who believe that they have been
victims of an illegal housing practice may file a complaint with theDepartment of Housing and Urban
Development [HUD] or file their own lawsuit in federal or state
court. You must file the complaint with HUD within one year of the
incident you believe to be housing discrimination. If you choose to
file your own lawsuit in federal or state court, the Act requires that
you do so within two years of the incident.
Does the Fair Housing
Act prohibit discrimination on the basis of a person's sexual
orientation?
When sexual orientation is the only basis of
discrimination, no. However, we evaluate these complaints on a
case-by-case basis to determine whether any other form of
discrimination is present (such as sex or disability, for example). In
addition, many state and local laws prohibit discrimination in housing
based on sexual orientation. You should consult with your local or
state civil rights enforcement agency to determine whether
discrimination on this basis is protected.
What is the Equal Credit
Opportunity Act?
Under the Equal Credit Opportunity Act, a
creditor may not discriminate on the basis of sex, race, color,
religion, national origin, marital status, age, or source of income in
any credit transaction.
How does the
Department of Justice enforce the Equal Credit Opportunity Act?
The Department of Justice may start a lawsuit
where it has reason to believe that a creditor is engaged in a "pattern
or practice" of discrimination. Through these lawsuits, the Department
can obtain money damages, both actual and punitive damages, for those
individuals harmed by a defendant's discriminatory actions as well as
preventing further discrimination by the defendant. If you have
information that suggests a pattern or practice of discrimination in
credit, please contact us.
What do I do if I
believe that I have been the victim of an unfair credit transaction
involving residential property?
Individuals who believe that they have been
victims of an illegal housing practice, such as the denial of a
mortgage, that involved credit may file a complaint with the Department
of Housing and Urban Development [HUD]. hat is
Title II of the Civil Rights Act of 1964?
This law prohibits discrimination because of a
person's race, color, religion, or national origin in certain places of
public accommodation, such as hotels, restaurants, and places of
entertainment.
How does the
Department of Justice enforce Title II?
When there is reason to believe that a person
or entity has engaged in a "pattern or practice" of discrimination,
which violates Title II, the Department of Justice can bring a lawsuit.
However, unlike lawsuits enforcing the Fair Housing Act or the Equal
Credit Opportunity Act, the Department can not obtain monetary damages
for individuals in Title II cases. If you have information that
suggests a pattern or practice of discrimination in public
accomodations, please contact us.
What do I do if I
believe that I have been the victim of discrimination under Title II?
Individuals who believe that a place of public
accommodation has violated Title II may file their own lawsuit in
federal court. In addition, you may some rights under other federal
laws, state laws, or local ordinances and should consult with your
local or state civil rights enforcement agency.
What is the Religious
Land Use and Institutionalized Persons Act (RLUIPA)?
This law prohibits local governments from
adopting or enforcing land use regulations that discriminate against
religious assemblies and institutions or which unjustifiably burden
religious exercise.
How does the
Department of Justice enforce the Religious Land Use and
Institutionalized Persons Act (RLUIPA)?
The Department can investigate and bring suit
to enforce the statute on behalf of individuals, houses of worship or
other religious institutions. The Department may obtain injunctive, but
not monetary relief. Individuals may file their own lawsuit in federal
or state court. If you believe your rights against discriminatory or
unjustifiably burdensome zoning and landmarking laws have been violated
please contact
us.
U.S. Department of
Justice, Civil Rights Division, Housing and Civil
Enforcement Section