Where to Turn... Your Guide to Federal Disability Policies and Programs Authors Patrice Drew, Esq. Cathy Ficker Terrill Anne C. Parrette, Esq. Project Coordinator Janna Starr Editors Larry H. Hoffer Lisa Ward Monique Marino Brain Injury Association US Department of Health and Human Services HRSA Health Resources and Services Administration Maternal and Child Health Bureau Disclaimer The Brain Injury Association shall not be held liable for content changes made by unauthorized parties, including but not limited to: alterations of text, images or other information within Where to Turn: Your Guide to Federal Disability Policies and Programs (the Guide.) The Guide contains general information. It is not an authoritative legal document, nor shall it be construed as legal advice. The Guide shall not be relied upon as a legal authority for acting or refusing to act. The information contained in the Guide may change as Federal polices and programs are amended periodically. The Brain Injury Association is not responsible for notifying the Public of these changes. The Fair Housing Act The Fair Housing Act prohibits discrimination in housing, including discrimination against a person with a disability. Which Types of Housing are Covered by the Law? Most housing is covered by the Fair Housing Act. However, the Act exempts the following types of housing: Owner-occupied buildings with no more than four units Single-family housing sold or rented without the use of a broker Housing operated by organizations and private clubs that limit occupancy to members What Is Prohibited under the Act? Under the Fair Housing Act, no one may take any of the following actions in the sale and rental of housing based on 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 sale or rental Provide different housing services or facilities Falsely deny that housing is available for inspection, sale or rental For profit, persuade owners to sell or rent Deny anyone access to or membership in a facility or service related to the sale or rental of housing Under the Fair Housing Act, no one may take any of the following actions in mortgage lending based on disability: Refuse to make a mortgage loan Refuse to provide information regarding loans Impose different terms or conditions on a loan, such as different interest rates, points or fees Discriminate in appraising property Refuse to purchase a loan Set different terms or conditions for purchasing a loan In addition, it is illegal for anyone to: Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right assisting others who exercise that right Advertise or make any statement that indicates a limitation or preference based on disability. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act What are New Buildings Required to Have? If a building is ready for first occupancy after March 13, 1991, and have an elevator and four or more units: Public and common areas that are accessible to persons with disabilities Doors and hallways wide enough for disabilities Each unit must have: An accessible route into and through the unit Accessible light switches, electrical outlet, thermostats and other environment controls Reinforced bathroom walls to allow later installation of grab bars Kitchens and bathrooms that can be used by people in wheelchairs If a building with four or more units has no elevator and was ready for first occupancy after March 13, 1991, these standards apply to ground floor units What do I do if I believe my rights have been violated? You may report any problems with housing discrimination to the Department of Housing and Urban Development (HUD). You can download the Housing Discrimination Complaint Form at http://www.hud.gov/hdiscrim.html. This form can be downloaded, completed and returned, or completed online and submitted. You may also write HUD a letter. Your letter must contain the following information: Your name and address The name and address of the person your complaint is against (the respondent) The address or other identification of the housing involved A short description of the alleged violation (the event that caused you to believe your rights were violated) The date(s) of the alleged violation Where to write or call: Send the Housing Discrimination Complaint form or a letter to the National HUD office or the HUD Office nearest you. You also may call that office directly. Office of Fair Housing and Equal Opportunity Department of Housing and Urban Development Room 5204 451 Seventh Street SW Washington, DC 20410-2000 See Appendix B for a list of local HUD offices. What Happens When I File a Complaint? You have one year after an alleged violation to file a complaint with HUD. Once you have filed a complaint, HUD will notify the alleged violator of your complaint and permit that person to submit an answer. Your complaint will be investigated by HUD investigators and it will be determined whether there is reasonable cause to believe the Fair Housing Act has been violated. If HUD decides that it cannot complete an investigation within 100 days of receiving your complaint, it will notify you. HUD will try to reach an agreement with the person your complaint is against (the respondent). If you sign a conciliation agreement with the alleged violator, HUD will take no further action on your complaint. However, if HUD had reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit. If HUD had determined that your state or local agency has the same fair housing powers as HUD, HUD will refer your complaint to that agency for investigation and notify you of the referral. That agency must begin work on your complaint within 30 days or HUD may take it back. What If You Need Help Quickly? If you need immediate help to stop a serious problem that is being caused by a Fair Housing Act violation, HUD may be able to assist you as soon as you file a complaint. HUD may authorize the Attorney General to go to court to seek temporary or preliminary relief, pending the outcome of your complaint, if: Irreparable harm is likely to occur without HUD's intervention There is substantial evidence that a violation of the Fair Housing Act occurred Example: A builder agrees to sell a house but after learning the buyer is black, fails to keep the agreement. The buyer files a complaint with HUD. HUD may authorize the Attorney General to go to court to prevent a sale to any other buyer until HUD investigates the complaint. What Happens after a Complaint Investigation? If, after investigating your complaint, HUD finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be heard in an administrative hearing within 120 days, unless you or the respondent want the case to be heard in Federal district court. Either way, there is no cost to you. The Administrative Hearing If your case goes to an administrative hearing, HUD attorneys will litigate the case on your behalf. You may intervene in the case and be represented by your own attorney if you wish. An Administrative Law Judge (ALJ) will consider evidence from you and the respondent. If the ALJ decides that discrimination occurred, the respondent can be ordered to: Compensate you for actual damages, including humiliation, pain and suffering. Provide injunctive or other equitable relief; for example, to make the housing available to you. Pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $10,000 for a first violation and $50,000 for a third violation within seven years. Pay reasonable attorney's fees and costs. Federal District Court If you or the respondent chooses to have your case decided in Federal District Court, the Attorney General will file a suit and litigate it on your behalf. Like the ALJ, the District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages. In Addition You May File Suit You may file suit, at your expense, in Federal District Court or State Court within two years of an alleged violation. If you cannot afford an attorney, the Court may appoint one for you. You may bring suit even after filing a complaint, if you have not signed a conciliation agreement and an Administrative Law Judge has not started a hearing. A court may award actual and punitive damages and attorney's fees and costs. Other Tools to Combat Housing Discrimination: If there is noncompliance with the order of an Administrative Law Judge, HUD may seek temporary relief, enforcement of the order or a restraining order in a United States Court of Appeals. The Attorney General may file a suit in a Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring. Endnotes U.S. Department of Housing and Urban Development www.hud.gov Consortium for Citizens with Disabilities www.c-c-d.org The Technical Assistance Collaborative, Inc www.tacinc.org