Border Fair Housing

Complaint Process

The Border Fair Housing and Economic Justice Center (BFHC) adheres to the U.S. Department of Housing and Urban Development’s Title VIII Fair Housing Complaint Process.  In compliance with this process, BFHC has adopted the following:

  1. Intake
    1. Anyone can file a complaint with HUD at no cost. Fair Housing complaints can be filed by any entity, including individuals and community groups. Those that file fair housing complaints are known as complainants. Those against whom fair housing complaints are filed against are called respondents.
    2. Fair Housing complaints can be filed with HUD by telephone (1-800-669-9777), mail, via the Internet, or filed through BFHC.
    3. If an individual opts to file a Fair Housing Complaint with BFHC, the following intake process is followed:
      1. The Fair Housing Specialist will contact the complainant and collect facts about the alleged discrimination through an in-person interview and have an Authorization form Signed.
      2. The Fair Housing Specialist will then review the allegation(s) to determine whether the matter is jurisdictional and within statutory scope.
      3. The Fair Housing Specialist will contact the complainant regarding the status of the review and if it is determined that BFHC is not able to process the complaint, provide referrals to the appropriate agency.
    4. If BFHC pursues the complaint, the complainant will be called back to provide any additional materials and/or information and sign the HUD 903.1
  2. Filing
    1. Once an Enforcement Recommendation is made to HUD, it may choose to retain the complaint or refer it to a state or locality’s Fair Housing Assistance Program (FHAP).  FHAPs are agencies that have laws that are substantially equivalent to the Fair Housing Act and can subsequently issue rulings.  The FHAP must begin to work with the complainant within 30 days, or HUD can take the complaint back.
    2. If HUD accepts the complaint for investigation, the investigator will draft a formal complaint and HUD’s standard form and provide it to complainant, typically by mail.  The complainant must sign the form and return it to HUD.
    3. Within 10 days after receipt of a signed complaint, HUD will send the respondent notice that a fair housing complaint has been filed against him or her along with a copy of the complaint.  At the same time, HUD will send the complainant and acknowledgement letter and copy of the complaint.
    4. Within 10 days of receiving the notice, the Respondent must submit to HUD an answer to the complaint.
  3. Investigation
    1. As part of the investigation, HUD will interview the complainant, the respondent, and pertinent witnesses.  The investigator will collect relevant documents or conduct onsite visits, as appropriate
    2. HUD has the authority to take depositions, issue subpoenas, and interrogatories, and compel testimony or documents.
  4. Conciliation
    1. The Fair Housing Act requires bringing the parties together to attempt conciliation in every fair housing complaint.  The choice to conciliate the complaint is completely voluntary on the part of both parties.  Any conciliation agreement signed by HUD must protect the public’s interests.
    2. If the parties sign a conciliation agreement, HUD will end its investigation and close the case.  However, if either party breaches agreement, HUD can recommend that the U.S. Department of Justice file a suit to enforce the agreement.
  5. No Cause Determination
    1. If, after a thorough investigation, HUD or a FHAP finds no reasonable cause to believe that housing discrimination has occurred or is about to occur, HUD will issue a determination of “no reasonable cause” and close the case.
    2. A complainant who disagrees with the decision can request reconsideration of the case by sending a letter to the Director of the Office of Enforcement, FHEO, 451 7th Street, SW, Room 5214, Washington, DC 20410 or contact BHFC for assistance.
    3. Upon receipt of the request for reconsideration, HUD or the FHAP will notify all of the parties that the request has been received and invite them to submit any additional evidence pertinent to the investigation.
    4. HUD or the FHAP will review all of the materials from the investigation and any additional evidence that the parties provide.
    5. HUD or the FHAP will then inform the parties if the Department has affirmed its finding of “no reasonable cause” or instead has decided to re-open complaint.  If HUD decides to re-open the complaint, it will resume the complaint and conciliation.  If the FHAP affirms its finding of “no reasonable cause”, the complainant can appeal the finding with HUD.  If HUD upholds the FHAP’s ruling, it can take no further action on the complaint.
    6. If the complainant disagrees with HUD or the FHAP’s determination that there was no reasonable cause to believe that discrimination has occurred or was about to occur, the complainant can file a civil court action in the appropriate U.S. district court.
  6. Cause Determination and Charge
    1. If the investigation produces reasonable cause to believe that discrimination has occurred or is about to occur, complaints taken by HUD will issue a determination of “reasonable cause” and charge the respondent with violating the law.  HUD will send a copy of the charge to parties in the case.
    2. After HUD issues a charge, a HUD Administrative Law Judge (ALJ) will hear that case unless either party elects to have the case heard in federal civil court.  Parties must elect within 20 days of receipt of the charge.
  7. Hearing in a U.S District Court
    1. Within 30 days after either party elects to go to a federal court, DOJ will commence a civil action on behalf of the aggrieved person in U.S. district court.
    2. If the court finds that a discriminatory housing practice has or is about to occur, the court can award actual and punitive damages as well as attorneys’ fees.
  8. Hearing Before a HUD ALJ
    If either party elects, a HUD ALJ will hear the case.  An attorney from HUD will represent the aggrieved party before the ALJ
    1. When the ALJ decides the case, the ALJ will issue and initial decision.
    2. If the ALJ finds that housing discrimination has occurred or is about to occur, the ALJ can award a maximum civil penalty of $1,000 per violation, for a first offense, in addition to actual damages for the complainant, injunctive or other equitable relief, and attorneys’ fees.
    3. Within 15 days of the issuance of the ALJ’s initial decision, any party adversely affected by the ALJ’s initial decision can petition the Secretary of  for a review.
    4. The Secretary of HUD has 30 days after the decision to affirm, modify, or set aside the ALJ’s initial decision, or remand the initial decision for further proceedings.  If the Secretary does not take any action within 30 days, the decision will be considered the Department’s final decision.
    5. After the Department has issued a final decision, any party aggrieved by the Department’s final decision can appeal to the appropriate court of appeals.

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