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 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. Each year, the Department files a report with Congress on its activities under the statute. 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.
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