Equal Opportunity For All

8/6/2019 Equal Opportunity For All

1/16

U.S. Department of Housing and Urban Development

Office of .air Housing and Equal Opportunity

air HousingEqual Opportunity for All

Please visit our website: wwwhudgov/fairhousing


2/16

The .air Housing Act 1

What Housing Is Covered? 1

What Is Prohibited? 1

Additional Protection If You Have A Disability 3

Housing Opportunities for .amilies 5

If You Think Your Rights Have Been Violated 6

What Happens When You .ile A Complaint? 10

Does the US Department of Justice

Play A Role? 11

What Happens After A Complaint Investigation? 12

In Addition 13

US Department of Housing and Urban DevelopmentSecretary Mel Martinez451 7th Street, SW

Washington, DC 20410-2000

Contents

air Housing Equal Opportunity for All

The rich diversity of our people, coupled with the unity of spirit upon which this nationwas founded, is Americas true strength We are a nation that celebrates equality ofopportunity, which makes it all the more disturbing when new immigrants, minorities,families with children, and people with disabilities are denied housing because of

unfair housing discrimination

The Department of Housing and Urban Development enforces the .air Housing Actand the other federal laws that prohibit discrimination and the intimidation of peoplein their homes These laws cover virtually all housing in the United States privatehomes, apartment buildings, and condominium developments and nearly allhousing transactions, including the rental and sale of housing and the provisionof mortgage loans

Equal access to rental housing and homeownership opportunities is the cornerstoneof this nations federal housing policy Landlords who refuse to rent or sell homes topeople based on race, color, national origin, religion, sex, familial status, or disabilityare violating federal law, and HUD will vigorously pursue them

Housing discrimination is not only illegal, it contradicts in every way theprinciples of freedom and opportunity we treasure as Americans TheDepartment of Housing and Urban Development is committed to ensuring that foreveryone seeking a place to live, all housing is .air Housing

Mel MartinezSecretary


3/16

1

The .air Housing Act prohibitsdiscrimination in housing because of:

Race or color

National origin

Religion Sex

.amilial status (including children underthe age of 18 living with parents or legalcustodians; pregnant women and peoplesecuring custody of children under 18)

Handicap (Disability)

The .air Housing Act covers most housingIn some circumstances, the Act exemptsowner-occupied buildings with no more thanfour units, single-family housing sold orrented without the use of a broker andhousing operated by organizations andprivate clubs that limit occupancy tomembers

In the Sale and Rental of Housing: No onemay take any of the following actions basedon race, color, national origin, religion, sex,familial status or handicap (disability):

Refuse to rent or sell housing

Refuse to negotiate for housing

Make housing unavailable

Deny a dwelling

Set different terms, conditions orprivileges for sale or rental of a dwelling

Provide different housing servicesor facilities

.alsely deny that housing is available forinspection, sale or rental

.or profit, persuade owners to sell or rent(blockbusting) or

Deny anyone access to or membershipin a facility or service (such as a multiplelisting service) related to the sale orrental of housing

What Housing Is Covered?

What Is Prohibited?

The air Housing Act


4/16

In Mortgage Lending: No one may take anyof the following actions based on race, color,national origin, religion, sex, familial status orhandicap (disability):

Refuse to make a mortgage loan

Refuse to provide informationregarding loans

Impose different terms or conditions ona loan, such as different interest rates,points, or fees

Discriminate in appraising property

Refuse to purchase a loan or

Set different terms or conditions forpurchasing a loan

In Addition: It is illegal for anyone to:

Threaten, coerce, intimidate or interferewith anyone exercising a fair housing rightor assisting others who exercise that right

Advertise or make any statement thatindicates a limitation or preference based

on race, color, national origin, religion,sex, familial status or handicap (disability)This prohibition against discriminatoryadvertising applies to single-family andowner-occupied housing that is otherwiseexempt from the .air Housing Act

2


5/16

Additional ProtectionIf You Have A Disability

3

If you or someone associated with you:

Have a physical or mental disability(including hearing, mobility and visualimpairments, cancer, chronic mentalillness, AIDS, AIDS Related Complex and

mental retardation) that substantiallylimits one or more major life activities

Have a record of such a disability or

Are regarded as having such a disabilityyour landlord may not:

Refuse to let you make reasonablemodifications to your dwelling or commonuse areas, at your expense, if necessary

for the disabled person to use the housing(Where reasonable, the landlord maypermit changes only if you agree to restorethe property to its original condition whenyou move)

Refuse to make reasonable accommodationsin rules, policies, practices or services ifnecessary for the disabled person to usethe housing

Example: A building with a no pets policymust allow a visually impaired tenant to keepa guide dog

Example: An apartment complex that offerstenants ample, unassigned parking must honora request from a mobility-impaired tenantfor a reserved space near her apartment if

necessary to assure that she can have accessto her apartment

However, housing need not be made availableto a person who is a direct threat to the healthor safety of others or who currently usesillegal drugs


6/16

4

Requirements for New Buildings: In buildingsthat are ready for first occupancy afterMarch 13, 1991, and have an elevatoror four or more units:

Public and common areas must be

accessible to persons with disabilities Doors and hallways must be wide enough

for wheelchairs

All units must have: An accessible route into and through

the unit Accessible light switches, electrical

outlets, thermostats and other

environmental controls Reinforced bathroom walls to allow laterinstallation of grab bars and

Kitchen and bathrooms that can be usedby people in wheelchairs

If a building with four or more units has noelevator and will be ready for first occupancyafter March 13, 1991, these standards apply toground floor units

These requirements for new buildings do notreplace any more stringent standards in Stateor local law


7/16

Housing Opportunitiesfor amilies

5

Unless a building or community qualifiesas housing for older persons, it may notdiscriminate based on familial status That is,it may not discriminate against families inwhich one or more children under 18 live with:

A parent A person who has legal custody of the child

or children or

The designee of the parent or legalcustodian, with the parent or custodianswritten permission

.amilial status protection also applies topregnant women and anyone securing legal

custody of a child under 18

Exemption: Housing for older persons isexempt from the prohibition against familialstatus discrimination if:

The HUD Secretary has determined that it isspecifically designed for and occupied byelderly persons under a .ederal, State orlocal government program or

It is occupied solely by persons who are62 or older or

It houses at least one person who is 55 orolder in at least 80 percent of the occupiedunits, and adheres to a policy thatdemonstrates an intent to house personswho are 55 or older

A transition period permits residents on or

before September 13, 1988 to continue livingin the housing, regardless of their age, withoutinterfering with the exemption


8/16

If You Think Your RightsHave Been Violated

6

HUD is ready to help with any problem ofhousing discrimination If you think yourrights have been violated, you may write aletter or telephone the HUD office nearest youYou have one year after an alleged violationto file a complaint with HUD, but you shouldfile it as soon as possible

What to Tell HUD

Your name and address

The name and address of the personyour complaint is against (therespondent)

The address or other identification of the

housing involved A short description of the alleged violation

(the event that caused you to believe yourrights were violated)

The date(s) of the alleged violation

Where to Writeor Call: Send a letter to thefair housing office nearest you, or if you wish,you may call that office directly (The direct dial

and TTY numbers for the deaf/hard of hearingusers are not toll free)

.or Connecticut, Maine, Massachusetts,New Hampshire, Rhode Island, and Vermont:

NEW ENGLAND OICE([email protected])

.air Housing Enforcement CenterUS Department of Housing

and Urban DevelopmentThomas P ONeill, Jr .ederal Building10 Causeway Street, Room 321Boston, MA 02222-1092Telephone (617) 994-8300 or 1-800-827-5005.ax (617) 565-7313 TTY (617) 565-5453

.or New Jersey and New York:

NEW YORK/NEW JERSEY OICE

([email protected]).air Housing Enforcement CenterUS Department of Housingand Urban Development26 .ederal Plaza, Room 3532New York, NY 10278-0068Telephone (212) 264-1290 or 1-800-496-4294.ax (212) 264-9829 TTY (212) 264-0927


9/16

7

.or Delaware, District of Columbia,

Maryland,

Pennsylvania, Virginia, and West Virginia:

MID-ATLANTIC OICE

([email protected])

.air Housing Enforcement CenterUS Department of Housingand Urban DevelopmentThe Wanamaker Building100 Penn Square EastPhiladelphia, PA 19107-9344Telephone (215) 656-0662 or 1-888-799-2085.ax (215) 656-3419 TTY (215) 656-3450

.or Alabama, the Caribbean, .lorida, Georgia,Kentucky, Mississippi, North Carolina,

South Carolina, and Tennessee:

SOUTHEAST/CARIBBEAN OICE

([email protected])

.air Housing Enforcement CenterUS Department of Housingand Urban Development

.ive Points Plaza40 Marietta Street, 16th .loorAtlanta, GA 30303-2808Telephone (404) 331-5140 or 1-800-440-8091.ax (404) 331-1021 TTY (404) 730-2654

.or Illinois, Indiana, Michigan, Minnesota,

Ohio, and Wisconsin:

MIDWEST OICE

([email protected]).air Housing Enforcement CenterUS Department of Housingand Urban DevelopmentRalph H Metcalfe .ederal Building77 West Jackson Boulevard, Room 2101Chicago, IL 60604-3507Telephone (312) 353-6236 or 1-800-765-9372.ax (312) 886-2837 TTY (312) 353-7143


10/16

8

.or Arkansas, Louisiana, New Mexico,

Oklahoma, and Texas:

SOUTHWEST OICE

.air Housing Enforcement CenterUS Department of Housing

and Urban Development801 North Cherry, 27th .loor.ort Worth, TX 76102Telephone (817) 978-5900 or 1-888-560-8913.ax (817) 978-5876 or 5851 TTY (817) 978-5595

.or Iowa, Kansas, Missouri and Nebraska:

GREAT PLAINS OICE

([email protected])

.air Housing Enforcement CenterUS Department of Housingand Urban DevelopmentGateway Tower II400 State Avenue, Room 200, 4th .loorKansas City, KS 66101-2406Telephone (913) 551-6958 or 1-800-743-5323.ax (913) 551-6856 TTY (913) 551-6972

.or Colorado, Montana, North Dakota,

South Dakota, Utah, and Wyoming:

ROCKY MOUNTAINS OICE

.air Housing Enforcement CenterUS Department of Housingand Urban Development633 17th StreetDenver, CO 80202-3607

Telephone (303) 672-5437 or 1-800-877-7353.ax (303) 672-5026 TTY (303) 672-5248


11/16

9

.or Arizona, California, Hawaii, and

Nevada:

PACIIC/HAWAII OICE

([email protected])

.air Housing Enforcement Center

US Department of Housingand Urban DevelopmentPhillip Burton .ederal Buildingand US Courthouse450 Golden Gate AvenueSan .rancisco, CA 94102-3448Telephone (415) 436-8400 or 1-800-347-3739.ax (415) 436-8537 TTY (415) 436-6594

.or Alaska, Idaho, Oregon, and Washington:

NORTHWEST/ALASKA OICE

([email protected])

.air Housing Enforcement CenterUS Department of Housingand Urban DevelopmentSeattle .ederal Office Building909 .irst Avenue, Room 205

Seattle, WA 98104-1000Telephone (206) 220-5170 or 1-800-877-0246.ax (206) 220-5447 TTY (206) 220-5185

If after contacting the local office nearest you,

you still have questions you may contact HUD

further at:

US Department of Housingand Urban Development

Office of .air Housing and Equal Opportunity451 7th Street, SW, Room 5204Washington, DC 20410-2000Telephone (202) 708-0836 or 1-800-669-9777.ax (202) 708-1425 TTY 1-800-927-9275


12/16

What Happens When Youile A Complaint?

10

If You Are Disabled: HUD also provides:

A TTY phone for the deaf/hard of hearingusers; see above list for the HUD officenearest you

Interpreters

Tapes and braille materials

Assistance in reading andcompleting forms

HUD will notify you when it receives yourcomplaint Normally, HUD also will:

Notify the alleged violator of your complaint

and permit that person to submit an answer

Investigate your complaint and determinewhether there is reasonable cause to believethe .air Housing Act has been violated

Notify you if it cannot complete aninvestigation within 100 days of receivingyour complaint

Conciliation: HUD will try to reach anagreement with the person your complaintis against (the respondent) A conciliationagreement must protect both you and thepublic interest If an agreement is signed,HUD will take no further action on yourcomplaint However, if HUD has reasonablecause to believe that a conciliation agreementis breached, HUD will recommend that the

Attorney General file suit

Complaint Referrals: If HUD has determinedthat your State or local agency has the samefair housing powers as HUD, HUD will referyour complaint to that agency for investigationand notify you of the referral That agencymust begin work on your complaint within30 days or HUD may take it back


13/16

Does theU.S. Departmentof JusticePlay A Role?

11

If you need immediate help to stop a seriousproblem that is being caused by a .air HousingAct violation, HUD may be able to assist youas soon as you file a complaint HUD mayauthorize the United States Attorney General

to go to court to seek temporary or preliminaryrelief, pending the outcome of your complaint,if:

Irreparable harm is likely to occur withoutHUDs intervention

There is substantial evidence that a violationof the .air Housing Act occurred

Example: A builder agrees to sell a house

but, after learning the buyer is black, failsto keep the agreement The buyer files acomplaint with HUD HUD may authorize theAttorney General to go to court to prevent asale to any other buyer until HUD investigatesthe complaint


14/16

What Happens AfterA Complaint Investigation?

12

If, after investigating your complaint, HUDfinds reasonable cause to believe thatdiscrimination occurred, it will inform youYour case will be heard in an administrativehearing within 120 days, unless you or the

respondent want the case to be heard in.ederal district court Either way, there is nocost to you

The Administrative Hearing: If your casegoes to an administrative hearing HUDattorneys will litigate the case on yourbehalf You may intervene in the case andbe represented by your own attorney if youwish An Administrative Law Judge (ALJ)will consider evidence from you and therespondent If the ALJ decides thatdiscrimination occurred, the respondentcan be ordered:

To compensate you for actual damages,including humiliation, pain and suffering

To provide injunctive or other equitablerelief, for example, to make the housing

available to you

To pay the .ederal Government a civilpenalty to vindicate the public interest Themaximum penalties are $11,000 for a firstviolation, $27,500 for a previous violationwithin the preceding five year period and$55,000 for two or more previous violationswithin the preceding seven years

To pay reasonable attorneys fees and costs

ederal District Court: If you or therespondent choose to have your case decidedin .ederal District Court, the Attorney Generalwill file a suit and litigate it on your behalfLike the ALJ, the District Court can order relief,and award actual damages, attorneys feesand costs In addition, the court can award

punitive damages


15/16

In Addition

13

You May ile Suit: You may file suit, at yourexpense, in .ederal District Court or StateCourt within two years of an alleged violationIf you cannot afford an attorney, the court mayappoint one for you You may bring suit even

after filing a complaint, if you have not signeda conciliation agreement and an AdministrativeLaw Judge has not started a hearing A courtmay award actual and punitive damages andattorneys fees and costs

Other Tools to Combat Housing

Discrimination:

If there is noncompliance with the order of

an Administrative Law Judge, HUD mayseek temporary relief, enforcement of theorder or a restraining order in a UnitedStates Court of Appeals

The Attorney General may file a suit in.ederal District Court if there is reasonablecause to believe a pattern or practice ofhousing discrimination is occurring

or urther Information:The purpose of this brochure is to summarizeyour right to fair housing The .air Housing Actand HUDs regulations contain more detailand technical information If you need a copyof the law or regulations, contact the HUD fairhousing office nearest you See the list of .airHousing Enforcement Centers on page 6-9


16/16

HUD-1686-.HEO

U.S. Department of Housing

and Urban Development

Room 5204Washington, DC 20410-2000

Equal Opportunity For All

Documents

Transcript of Equal Opportunity For All