What is the Fair Housing Act?
The Fair Housing Act prohibits discrimination in housing on the basis of
race, color,
religion,
sex,
national origin,
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] investigates
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 the
Department 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 orgin, marital status, age, source of income or the exercise of rights under the Consumer Credit Protection Act 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.
Individual complaints of discrimination are handled by the creditor's federal
regulatory agency. The agencies and the types of financial institutions that
they regulate are as follows:
Office of Thrift Supervision [OTS]:
Savings associations and federally chartered savings banks (the word "Federal"
or the initials "F.S.B." appear in federal institution's name).
Comptroller of Currency [OCC]:
National banks, federal branches/agencies of foreign banks (the word "National"
or the initials "N.A." appear in or after the bank's name).
Federal Reserve Board [FRB]:
Financial institutions that are members of the Federal Reserve System, except
national banks and federal branches/agencies of foreign banks.
Federal Deposit Insurance Corporation
[FDIC]: State chartered banks that are not members of the Federal Reserve
System.
National Credit Union Association [NCUA]:
Federal credit unions (the words "Federal credit union" appear in the
institution's name).
Federal Trade Commission [FTC]: Retailers,
finance companies, creditors (including most mortgage companies) that are not
assigned to another agency.
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].
What 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 have 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 (for additional information,
please see the Housing & Civil Enforcement Section's page on
RLUIPA).
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.