Quick Answer: What Happens If You Violate The Fair Housing Act?

Can you sue a landlord for discrimination?

If you’re seeking damages for emotional distress caused by a landlord’s discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet.

Understand what’s involved in suing your landlord.

You may file a lawsuit in either federal or state court..

Can I sue HUD?

You may file a private civil lawsuit, even if you have already filed a complaint with HUD. … You may not be able to file a federal private civil suit if (1) you have already signed a HUD Conciliation Agreement to resolve your HUD complaint; or (2) an Administrative Law Judge has commenced a hearing for your complaint.

What regulation is the Fair Housing Act?

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.

Does the Fair Housing Amendment Act define occupancy limits?

The Fair Housing Act specifically allows housing providers to adhere to reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling (42 U.S.C. 3607(b)(1)).

What are the penalties for violating the Fair Housing Act?

The maximum civil penalties are: $16,000, for a first violation of the Act; $37,500 if a previous violation has occurred within the preceding five-year period; and $65,000 if two or more previous violations have occurred within the preceding seven-year period.

What is a fair housing violation?

Housing providers who refuse to rent or sell homes to people based on race, color, national origin, religion, sex, familial status, or disability are violating federal law, and HUD will vigorously pursue enforcement actions against them.

What are the 4 types of discrimination?

The 4 types of DiscriminationDirect discrimination.Indirect discrimination.Harassment.Victimisation.

Landlords cannot treat a tenant adversely or unequally based on that tenants actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, source of income, weight, or height. S.F., Cal., Police Code § 3304.

What qualifies as a disability under the Fair Housing Act?

The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.

What does Fair Housing do?

Fair housing is the right to choose housing free from unlawful discrimination. Federal, state and local fair housing laws protect people from discrimination in housing transactions such as rentals, sales, lending, and insurance.

What agency enforces fair housing law?

The U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice.

Can a landlord tell you who can be at your house?

The guest cannot be barred unless he or she broke the rules of the lease, or broke local, state or federal law. The landlord may tell your guest that they are not allowed to visit you, and may say that they cannot come on the landlord’s property at all if it is an apartment complex or mobile home park.

Who can be held liable for a violation of fair housing law?

The owners or officers of a corporation generally may be held liable for Fair Housing violations only if they directed or controlled the person with respect to the unlawful act.

How many actions are prohibited under the Fair Housing Act?

The Fair Housing Act has evolved over the last 100 years or more. Today, the law prohibits discrimination based on the following protected classes: age, sex, race, color, marital status, familial status, physical or mental disability, religious creed, or national origin.

What are punitive damages in fair housing?

Punitive damages are paid to the victim of discrimination. A civil penalty is a monetary fine paid to the government. Attorney fees and costs can, in most cases, be ordered by prevailing plaintiffs in fair housing cases.

How many classes are protected by fair housing laws?

The FHA prohibits discrimination on the basis of seven protected classes: race. color. religion.

Who is not protected under the Fair Housing Act?

Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren’t protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.

How much can you sue for housing discrimination?

It’s fair to be angry and scared—the direct federal fines for violations of the Fair Housing Act are usually $17,000 per violation; total settlements on race, familial status, age and sex discrimination cases often reach well into the six figures—but those overwhelming emotions are why you should go straight to your …

What can a landlord not ask you?

Is there anything a landlord can’t ask? A potential landlord may not ask any questions that violate federal or state discrimination laws. These include questions about race, national origin, religion, sex, familial status or disability prohibited by federal law.

Who investigates fair housing complaints?

Office of Fair Housing and Equal OpportunityStep 1: File a Complaint The U.S. Department of Housing and Urban Development (HUD) enforces the FHA. HUD’s Office of Fair Housing and Equal Opportunity (FHEO) is responsible for receiving and investigating fair housing complaints.

What are the 7 protected classes?

Federal protected classes include:Race.Color.Religion or creed.National origin or ancestry.Sex.Age.Physical or mental disability.Veteran status.More items…