Your Fair Housing Rights – How to Challenge Discrimination A presentation by Center for Independence of the Disabled, NY (c) CIDNY 2012 1

Options for Challenging Fair Housing Act Violations Use your landlord’s internal grievance procedures File an administrative complaint with HUD File a lawsuit in federal civil court Use Fair Housing Act requirements as a defense to an eviction proceeding (c) CIDNY 2012

Filing a Complaint with HUD Contact your nearest HUD Fair Housing and Equal Opportunity (FHEO) field office or use HUD’s toll-free complaint hotline: 1-800-669-9777; TDD 1-800-927-9275 Request HUD Form 903.1, a housing discrimination information form Complete the form as clearly and fully as possible Include all relevant dates If a series of events led to the discrimination, describe each event and give its date Make sure to explain what happened that you believe was discriminatory and why (c) CIDNY 2012

Filing a Complaint with HUD You may wish to ask a lawyer or advocate for help (see Resources slide) Keep copies of the form and all related documentation You MUST file your complaint within one year of the discrimination HUD should investigate your complaint within 100 days HUD may forward your complaint to a state or local office for investigation HUD will try to negotiate an agreement between you and the landlord (c) CIDNY 2012

Filing a Complaint with HUD If no agreement is reached between you and the landlord, HUD will issue a final report on whether there is reasonable cause to believe discrimination occurred If HUD concludes that there is reasonable cause, it will issue a charge of discrimination Once the charge of discrimination is issued, either you or the landlord can move the case to federal court within 20 days If the case goes to court, you will be represented by the Department of Justice If the case does not go to court, it will be heard before an administrative judge within 120 days – HUD attorneys will represent you (c) CIDNY 2012

Filing a Lawsuit in Federal Court Instead of filing a complaint with HUD, you may choose to file a lawsuit directly in federal court You must file your complaint within two years of the discrimination If you choose to file a lawsuit, it is best to be represented by a lawyer If you cannot afford a lawyer, the judge may – but is not required to – appoint a lawyer to represent you You may be able to find a lawyer who will take your case without advance payment (see Resources section) If your claim is successful, the defendant may have to pay your attorney’s fees (c) CIDNY 2012

Tips for Success Document, document, document! Whenever possible, put communications with your landlord in writing Ask that your landlord put communications to you in writing Make notes about any conversations with your landlord, including time and date Save relevant documents, like rental agreements and rental applications Don’t wait too long to complain Seek guidance from a lawyer or other advocate (c) CIDNY 2012

Resources Center for Independence of the Disabled, NY (CIDNY - Queens) 80-02 Kew Gardens Road, Suite 107 Kew Gardens, NY 11415 646-442-4153 Fair Housing Justice Center 5 Hanover Square, 17th Floor New York, NY 10004 212-400-8203 Long Island Housing Services, Inc. 640 Johnson Ave, #8 Bohemia, NY 11716 631-567-5111 (Suffolk); 516-292-0400 (Nassau) Housing Works Legal Services 320 West 13th Street New York, NY 10014 212-645-8111 Urban Justice Center 123 William Street New York, NY 10038 212-602-5600 Association of the Bar of the City of New York Legal Referral Service Hotline 212-626-7373 http://www.abcny.org (c) CIDNY 2012