HousingSmart: Next Generation ...Know your Fair Housing Rights

What is the Fair Housing Act (FHA) and how does it relate to me?

• The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings and other housing related transactions based on seven categories: Race, Color, National Origin, Religion, Sex, Familial Status, and DISABILITY.
• The FHA is a law created so that no one may take any of the following actions against you based on race, color, national origin, religion, sex, familial status or DISABILITY:
  • Refuse to rent or sell housing;
  • Refuse to negotiate for housing;
  • Make housing unavailable;
  • Deny a dwelling;
  • Set different terms, conditions or privileges for the sale or rental of a dwelling;
  • Provide different housing services or privileges;
  • Falsely deny that housing is available for inspection, sale, or rent;
  • Deny anyone access to or membership in a facility or service related to the sale or rental of housing (access to gym, pool);
  • Or otherwise treat you any different than they would any other person in a differing situation.
• Additional protection if you have a disability:
  • Your landlord may not:
    • Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the person with a disability to use the housing (where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move).
    • Refuse to make reasonable accommodations in rules, policies, practices, or services if necessary for the person with a disability to use the housing (requested handicapped parking, no-pet policy service dog exception).

 

Public Policy behind the FHA:

• With its adoptions of fair housing laws, Congress expressed its intent that people with disabilities should have the same rights to use and enjoy housing as do other persons, and that decision making about people with disabilities must be made on objective criteria and not on unfounded assumptions.

 

What to do if you believe you have a discrimination claim:

• File a 903.1 housing complaint with HUD.
• There are 4 ways to file a housing complaint with HUD:
  1. ONLINE: you can file a complaint by completing a HUD 903.1 online.
  2. TELEPHONE: Call HUD toll free at: 1.800.669.9777.
  3. MAIL:
     • Print, fill out (PDF) mail form to:
       • Office of Fair Housing and Equal Opportunity
         Department of Housing and Urban Development
         Room 5204
         451 Seventh Street SW
         Washington, D.C. 20410-2000
  4. LETTER: You can write a letter containing:
• Your name and address
• The name and address of the individual your complaint is about
• The address of the house or apartment you were trying to buy or rent
• The date when the incident occurred
• A short description of what happened
• Then you will mail the letter to the HUD Fair Housing Hub closest to you.
• Mississippi Citizens mail to:
  Atlanta Regional Office of FHEO
  U.S. Department of Housing and Urban Development
  Five Points Plaza
  40 Marietta Street, 16th Floor
  Atlanta, GA 30303-2806

   

Once the fair housing complaint is received by HUD then the Office of Fair Housing and Equal Opportunity (FHEO) will investigate the complaint. If FHEO does not resolve or conciliate the complaint then FHEO will determine whether reasonable cause exists to believe that a discriminatory housing practice has occurred. If so, all parties to the complaint are notified about the issuance of a determination, a Charge of Discrimination, and a hearing is scheduled for a HUD Administrative Law Judge. At this time (once the determination of discrimination has been issued) either party to the complaint can terminate the Administrative Hearing by taking the case to Federal Court (litigation). If taken to court then the Department of Justice (DOJ) takes over HUD’s role and sees the case to its end. Either action that is taken (HUD Administrative Law Hearing or Litigation in Federal Court) is subject to review by the U.S. Court of Appeals.

*If you file a Housing Discrimination Complaint with HUD please keep a copy of the complaint, the date it was filed and acknowledgement of receipt of the complaint (from HUD) in a personal file.

HousingSmart: Next Generation project personnel are here to assist you with questions about your fair housing rights. If you believe you have been discriminated against based on one of the seven protected categories (race, color, national origin, religion, sex, familial status, disability) call Caleb Koonce at 601.432.6933 or tollfree at 1.866.883.3374.

 

For more information, contact:

Coordinator for HousingSmart Caleb Koonce Telephone:  601.432-6977 Toll Free and TTY:  1.866-883-4474

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