1 of 35
Slide Notes
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with Legal Voice and Gender Justice League, Seattle, WA for use by fair housing sexual harrasment/assault and gender justice advocates for training, education, and outreach purposes.
Development of these materials was funded through HUD EOI-NP Sex Discrimination Grant FH200G15005 from Housing and Urban Development's Education and Outreach Initiative Programs.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Development of these materials was funded through HUD EOI-NP Sex Discrimination Grant FH200G15005 from Housing and Urban Development's Education and Outreach Initiative Programs.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Webinar/ATJ Conf. Women & Housing Protections
Published on Nov 17, 2016
FH Act: Sexual Harassment & Gender Stereotyping
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
On the Basis of Sex
Housing Discrimination
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with Legal Voice and Gender Justice League, Seattle, WA for use by fair housing sexual harrasment/assault and gender justice advocates for training, education, and outreach purposes.
Development of these materials was funded through HUD EOI-NP Sex Discrimination Grant FH200G15005 from Housing and Urban Development's Education and Outreach Initiative Programs.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Development of these materials was funded through HUD EOI-NP Sex Discrimination Grant FH200G15005 from Housing and Urban Development's Education and Outreach Initiative Programs.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Photo by dsevilla
Fair Housing Act: Sex
Dep't of Housing & Urban Development, HUD
The authors are solely responsible for the accuracy of the statements and interpretation contained in this publication. Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
There are 2 primary sources for this presentation.
1. The National Fair Housing Alliance's presentation:
"Fair Housing Act: Sex Discrimination, Sexual Harassment and Domestic Violence in Housing" developed under the HUD Fair Housing Initiatives Program
http://fhic.nfhta.org/media/844
2. The National Housing Law Project's presentation: "Housing Rights and Needs of Sexual Survivors" by Meliah Schultzman, Esq. supported by Grant 2008-TAXA-K030 awarded by the Office of Violence Against Women, U.S. Department of Justice.
http://nhlp.org/files/2.%20Housing%20Rights%20of%20Sexual%20Assault%20Survi...
There are 2 primary sources for this presentation.
1. The National Fair Housing Alliance's presentation:
"Fair Housing Act: Sex Discrimination, Sexual Harassment and Domestic Violence in Housing" developed under the HUD Fair Housing Initiatives Program
http://fhic.nfhta.org/media/844
2. The National Housing Law Project's presentation: "Housing Rights and Needs of Sexual Survivors" by Meliah Schultzman, Esq. supported by Grant 2008-TAXA-K030 awarded by the Office of Violence Against Women, U.S. Department of Justice.
http://nhlp.org/files/2.%20Housing%20Rights%20of%20Sexual%20Assault%20Survi...
Presenters:
- Sara Ainsworth, Advocacy Director, Legal Voice
- Danni Askini, Co-Founder & Executive Director Gender Justice League
- Shannon Bedard, Fair Housing Specialist, Northwest Fair Housing Alliance
NOTE for presenters:
It is recommended facilitators be familiar with 2 HUD memos, and 2 HUD rules/regs:
HUD Memo--Nov. 17, 2008
"Questions and Answers on Sexual Harassment under the Fair Housing Act"
HUD Memo --Feb. 9, 2011
"Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act and the Violence Against Women Act (VAWA)"
Federal Register/Vol. 81, No. 178--Sept. 14, 2016
Rules & Regulations, 24 CFR Part 100
[Docket No FR-5248-F-02]
Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act
Federal Register/Vol. 81, No.183--September 21, 2016
Rules & Regulations, 24 CFR Part 5
[Docket No. FR 5863-F-02]
Equal Access in Accordance With an Individual's Gender Identity in Community Planning and Development Programs
It is recommended facilitators be familiar with 2 HUD memos, and 2 HUD rules/regs:
HUD Memo--Nov. 17, 2008
"Questions and Answers on Sexual Harassment under the Fair Housing Act"
HUD Memo --Feb. 9, 2011
"Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act and the Violence Against Women Act (VAWA)"
Federal Register/Vol. 81, No. 178--Sept. 14, 2016
Rules & Regulations, 24 CFR Part 100
[Docket No FR-5248-F-02]
Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act
Federal Register/Vol. 81, No.183--September 21, 2016
Rules & Regulations, 24 CFR Part 5
[Docket No. FR 5863-F-02]
Equal Access in Accordance With an Individual's Gender Identity in Community Planning and Development Programs
Photo by blmiers2
Agenda:
Issues & Housing protections
We will discuss the issues of sex discrimination in housing in detail including: Sexual harassment, Sex stereotyping, Transgender and Gender non-conforming persons.
We will also review the broader context of how damaging sexual harassment is to a woman when it occurs in her own home and more significantly, when the abuser often has a key to the unit.
After that, we will discuss women’s rights under the Fair Housing Act, enforcement, remedies and resources for tenants, housing and gender justice advocates.
We will also review the broader context of how damaging sexual harassment is to a woman when it occurs in her own home and more significantly, when the abuser often has a key to the unit.
After that, we will discuss women’s rights under the Fair Housing Act, enforcement, remedies and resources for tenants, housing and gender justice advocates.
Photo by Rajiv Patel (Rajiv's View)
HOME
what it is...? what it should be...?
When many of us think of “home” – we regard it as a place that provides a respite from stress, privacy, safety, comfort, security...
Facilitator [to audience] What other words come up when we think of "home" ?
NOTE: Facilitator make a list on a flip chart of what audience offers. in WEBINAR: encourage audience to use chat to respond and reflect responses back.
Sample Answers:
Rest, Privacy, Stability, Status, Belonging, Community,
Identity...
Sample Quotes:
"Home sweet Home."
"A man's home is his castle."
"Home is where the heart is."
"There's no place like home."
Facilitator [to audience] What other words come up when we think of "home" ?
NOTE: Facilitator make a list on a flip chart of what audience offers. in WEBINAR: encourage audience to use chat to respond and reflect responses back.
Sample Answers:
Rest, Privacy, Stability, Status, Belonging, Community,
Identity...
Sample Quotes:
"Home sweet Home."
"A man's home is his castle."
"Home is where the heart is."
"There's no place like home."
Photo by Michael D. Dunn
A LEVERAGE FOR OBTAINING OR ACHIEVING OTHER BASIC NEEDS:
employment, food, education…
These are some other meanings we give to "home."
PRIVACY, SAFETY, COMFORT, SECURITY...
MOST IMPORTANTLY-- A leverage for obtaining or achieving other basic needs: employment, food, education…family...etc
PRIVACY, SAFETY, COMFORT, SECURITY...
MOST IMPORTANTLY-- A leverage for obtaining or achieving other basic needs: employment, food, education…family...etc
Photo by fd
When sexual harassment / assault occurs
in the home, the victim’s sense of security
in the home is shattered.
When sexual harassment / assault occurs
in the home, the victim’s sense of security
in the home is shattered.
in the home, the victim’s sense of security
in the home is shattered.
Photo by perspec_photo88
Regina Cahan
- 1987, first survey
- 150 fair housing centers
- "Home is No Haven: An Analysis of Sexual Harassment in Housing"
"Home is No Haven": an Analysis of Sexual Harassment in Housing" [henceforth "Home is no Haven"]
1st survey of sexual harassment in housing.
Published 1987.
Surveyed 150 fair housing centers
(the 150 FHCs identified 288 Sexual Harassment complaints over the previous 5 yrs, 1980-1985)
1st survey of sexual harassment in housing.
Published 1987.
Surveyed 150 fair housing centers
(the 150 FHCs identified 288 Sexual Harassment complaints over the previous 5 yrs, 1980-1985)
Photo by Elijah
"Home is No Haven"
- “In the housing context, property owners, property managers, real estate agents and rental agents are able to exploit their positions and victimize tenants dependent upon their control over needed shelter.
NOTE [facilitator reads:]
The next 2 paragraphs are from the introduction to Cahan’s article on her survey, "Home is No Haven"
"The conduct ranges from sexual innuendos and verbal demands for sexual intercourse to rape. The victim often tolerates the actions and complies with the sexual demands because the perpetrator literally holds the keys to shelter.”
The next 2 paragraphs are from the introduction to Cahan’s article on her survey, "Home is No Haven"
"The conduct ranges from sexual innuendos and verbal demands for sexual intercourse to rape. The victim often tolerates the actions and complies with the sexual demands because the perpetrator literally holds the keys to shelter.”
"Home is No Haven"
- "The conduct ranges from sexual innuendos and verbal demands for sexual intercourse to rape. The victim often tolerates the actions and complies with the sexual demands because the perpetrator literally holds the keys to shelter.”
"Home is No Haven"
"The conduct ranges from sexual innuendos and verbal demands for sexual intercourse to rape. The victim often tolerates the actions and complies with the sexual demands because the perpetrator literally holds the keys to shelter.”
"The conduct ranges from sexual innuendos and verbal demands for sexual intercourse to rape. The victim often tolerates the actions and complies with the sexual demands because the perpetrator literally holds the keys to shelter.”
Nat'l Law Center on Homelessness & Poverty
- 2006, Advocates from 29 states
- 112 surveys/161 responses
- 152 women/9 men reported sexual assault or rape by a landlord, property owner or property manager
The National Law Center on Homelessness and Poverty
conducted a second survey in 2006 of Rape Crisis centers, Legal Aid providers and listservs of those agencies.
Advocates from 29 states returned 112 surveys w/161 respondents. (152 women/9men)
58% of respondents had at least one tenant report of sexual assault or rape in 2005
152 women/9 men said they had been sexually assaulted or raped by landlord, property owner, or property manager
conducted a second survey in 2006 of Rape Crisis centers, Legal Aid providers and listservs of those agencies.
Advocates from 29 states returned 112 surveys w/161 respondents. (152 women/9men)
58% of respondents had at least one tenant report of sexual assault or rape in 2005
152 women/9 men said they had been sexually assaulted or raped by landlord, property owner, or property manager
Photo by marioanima
Commonalities of findings:
- Housing issues before sexual assault or rape
- Victim Responses
- Prevelance of repeat offenders
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
Keeley's article sources the 2 surveys we just mentioned:
Regina Cahen, 1987 : "Home is No Haven" a survey of 150 public and private Fair Housing Centers
And,
The National Law Center on Homelessness and Poverty, 2006: "A Survey of Rape Crisis Centers"
The combined findings of the surveys:
The commonalities in housing issues before sexual assault, rape.
The characteristics of victims.
Victim actions following the incidents.
The prevalence of repeat offenders.
Keeley's article sources the 2 surveys we just mentioned:
Regina Cahen, 1987 : "Home is No Haven" a survey of 150 public and private Fair Housing Centers
And,
The National Law Center on Homelessness and Poverty, 2006: "A Survey of Rape Crisis Centers"
The combined findings of the surveys:
The commonalities in housing issues before sexual assault, rape.
The characteristics of victims.
Victim actions following the incidents.
The prevalence of repeat offenders.
Photo by thorinside
Renters
low income, 30% had physical/mental disabilities
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
By definition, dealing only with renters.
Low-income
Immigrant or refugee
Women of color
By definition, dealing only with renters.
Low-income
Immigrant or refugee
Women of color
Photo by mikecogh
Women:
Supsceptible by sex & class
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
In 2004, (census data lagged behind study date)
Women as a class were 37% more likely to be poor than men.
Single moms had extremely high poverty rate.
Nationwide, women became the fastest growing part of the population becoming homeless and “ill-housed.”
In 2004, (census data lagged behind study date)
Women as a class were 37% more likely to be poor than men.
Single moms had extremely high poverty rate.
Nationwide, women became the fastest growing part of the population becoming homeless and “ill-housed.”
Photo by vision63
Women
- 45% lived in some kind of subsidized housing (Section 8/Public)
- 67% were single heads of household
- 22% were single moms w/ kids
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
45% lived in some kind of subsidized housing
(Sect 8/public)
67% were single heads of household
67% were single heads of household
22% were single moms w/ kids
45% lived in some kind of subsidized housing
(Sect 8/public)
67% were single heads of household
67% were single heads of household
22% were single moms w/ kids
Photo by andrew and his family
79% of women reported LL did 1+:
- Refused to repair locks, doors, windows, supply heat or hot water despite requests (49%)
- Sexually propositioned (42%)
- Stalked (25%)
- Made unwanted sexual contact (58%)
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
79% women reported that before sexual assault, rape, the landlord did one or more of the following [slide]
Refused to repair locks, doors, windows, supply heat or hot water despite requests (49%)
Sexually propositioned (42%)
Stalked (25%)
Made unwanted sexual contact (58%)
79% women reported that before sexual assault, rape, the landlord did one or more of the following [slide]
Refused to repair locks, doors, windows, supply heat or hot water despite requests (49%)
Sexually propositioned (42%)
Stalked (25%)
Made unwanted sexual contact (58%)
Photo by Brian Moriarty
offenders:
- Repeat and Target more than one tenant
- 33% of women sexually assaulted or raped said it happened more than 1x
- 13% knew another current tenant enduring the same
- Only 42% reported to law enforcement
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
Landlord likely to be:
Repeat offender
Targeting more than one tenant
33% of women sexually assaulted or raped said it happened more than once.
13% said another current tenant also had endured the same.
Only 42% reported rape or sexual assault to law enforcement.
Landlord likely to be:
Repeat offender
Targeting more than one tenant
33% of women sexually assaulted or raped said it happened more than once.
13% said another current tenant also had endured the same.
Only 42% reported rape or sexual assault to law enforcement.
Photo by emilio labrador
Why stay?
- 71% wanted to leave-lacked other housing options
- 45% in subsidized housing w/long wait lists
- no transportation, esp. rural
- financial penalty
- KIDS
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
The survey factors here demonstrate a victim’s vulnerability.
71% of women sexually assaulted or raped wanted to move but could not because they lacked other housing options
45% lived in subsidized housing with long waiting lists
Believed they could not move out without financial penalty
Lack of transportation, especially in rural areas
Facilitator [notes responses on a white board/flip chart]
So the survey gave reasons victims stay.
Q: What are some of the many additional complicated reasons a woman may stay put in her housing despite the sexual harassment?
Stay put:
Children’s housing stability
Expensive to move
Financial penalty for breaking a lease
No transportation
Lack of available or affordable housing
Unable to qualify for different housing:
No rental or employment history
Income requirements
Bad credit
Former evictions
Criminal history
What are some of the many complicated reasons a woman may NOT report it?
RETALIATION-threats of CPS, immigration, loss of section 8
The survey factors here demonstrate a victim’s vulnerability.
71% of women sexually assaulted or raped wanted to move but could not because they lacked other housing options
45% lived in subsidized housing with long waiting lists
Believed they could not move out without financial penalty
Lack of transportation, especially in rural areas
Facilitator [notes responses on a white board/flip chart]
So the survey gave reasons victims stay.
Q: What are some of the many additional complicated reasons a woman may stay put in her housing despite the sexual harassment?
Stay put:
Children’s housing stability
Expensive to move
Financial penalty for breaking a lease
No transportation
Lack of available or affordable housing
Unable to qualify for different housing:
No rental or employment history
Income requirements
Bad credit
Former evictions
Criminal history
What are some of the many complicated reasons a woman may NOT report it?
RETALIATION-threats of CPS, immigration, loss of section 8
Photo by Neal.
retaliation
utilities shut off, property DAMAGE, THREATS
Of the women who stayed in homes following sexual assault or rape, 12% reported retaliation was common:
Water turned off
Personal property damaged
Threatened with eviction
Threatened with CPS & Immigration-related threats
Water turned off
Personal property damaged
Threatened with eviction
Threatened with CPS & Immigration-related threats
Photo by Cayusa
Explore Legal options:
- State Non Discrimination Laws
- Tort Claims (Assault, Battery, Intentional infliction of Emotional Distress, & Negligent Hiring)
- Landlord /Tenant laws (breach of covenant of quiet enjoyment, retaliatory eviction, victim protections)
- Criminal laws
- Federal Fair Housing Act
There are a range of potential types of civil claims and defenses available to sexual harassment victims, as well as the potential criminal prosecution of the perpetrator.
State Laws
Tort Claims:
(Assault, Battery, Intentional Infliction of Emotional Distress, & Negligent Hiring)
L/T (breach of quiet enjoyment, retaliatory evictions)
Criminal laws
State Laws
Tort Claims:
(Assault, Battery, Intentional Infliction of Emotional Distress, & Negligent Hiring)
L/T (breach of quiet enjoyment, retaliatory evictions)
Criminal laws
Photo by marfis75
Fair Housing Act
claims & remedies
Let's look at the federal Fair Housing Act claims and remedies.
Photo by mikecogh
Sex/Gender
a Protected class under FHA
1968 Race, Color, Religion, National Origin
1988 Familial Status, Handicap/Disability
Facilitator
Q: Can anyone guess what year sex was added?
A: 1974
Sexual harassment is a form of prohibited sex discrimination.
Domestic Violence falls under the protection of sex through disparate impact theory.
2010-2015, Federal protections in housing under the basis of sex expanded to include protections for sex stereotyping, gender, gender non-conformity, and transgender persons.
1988 Familial Status, Handicap/Disability
Facilitator
Q: Can anyone guess what year sex was added?
A: 1974
Sexual harassment is a form of prohibited sex discrimination.
Domestic Violence falls under the protection of sex through disparate impact theory.
2010-2015, Federal protections in housing under the basis of sex expanded to include protections for sex stereotyping, gender, gender non-conformity, and transgender persons.
Photo by istolethetv
Disparate Impact Theory
- A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.
The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.
Photo by flazingo_photos
housing transactions covered?
renting, buying......
[Facilitator] Name some other housing related transactions:
selling, insuring, appraising, lending, zoning, design & construction, etc.
selling, insuring, appraising, lending, zoning, design & construction, etc.
Photo by 401(K) 2013
OVERT, DISPARATE TREATMENT
types of discrimination:
Overt sex discrimination
Example: when someone is told a housing provider doesn’t rent to female head of households because the property needs a man to take care of it.
Disparate Treatment:
Application of practices, policies, and procedures in an inconsistent fashion
May be intentional or unintentional
Inconsistency in the application of policies and procedures will result in disparate or differing treatment
For example, a woman is told the mortgage application fee is $500, while a man is told it is $250.
Another example: a home buyer is told by a real estate agent that a house the buyer inquired about was recently sold, while another home buyer is told the house is still available.
Example: when someone is told a housing provider doesn’t rent to female head of households because the property needs a man to take care of it.
Disparate Treatment:
Application of practices, policies, and procedures in an inconsistent fashion
May be intentional or unintentional
Inconsistency in the application of policies and procedures will result in disparate or differing treatment
For example, a woman is told the mortgage application fee is $500, while a man is told it is $250.
Another example: a home buyer is told by a real estate agent that a house the buyer inquired about was recently sold, while another home buyer is told the house is still available.
Photo by boltron-
Sexual Harassment
QUID PRO QUO (this for that)
Sexual favors in lieu of rent, rent reductions, repairs, con't tenancy, lease renewal...
Elements:
* Subjected to demand for sexual favor
* Experienced the demand because of sex
* Housing benefits conditioned on performance
Examples:
Sex in lieu of rent
posing for porno in exchange for repairs...
Elements:
* Subjected to demand for sexual favor
* Experienced the demand because of sex
* Housing benefits conditioned on performance
Examples:
Sex in lieu of rent
posing for porno in exchange for repairs...
Photo by chrisinplymouth
Hostile Environment
- so severe, so pervasive
- it alters the use & enjoyment of home, and
- creates an abusive living environment
Hostile Environment:
Harassment was so severe and pervasive to alter the use and enjoyment of home and creates an abusive living environment.
Elements:
* Subjected to verbal or physical conduct of sexual nature
* Subjected to because of sex
* Conduct unwelcome and
* Sufficiently severe and pervasive
Examples:
unwanted touching, sexual advances, lewd sexual jokes,
showing porno, degrading sexual comments,
hidden video cameras, etc.
Faciliatator: NOTE (read)
Fed. Reg. Vol. 81, NO. 178 Weds. Sept. 14, 2016 63065
“a single incident of harassment because of a protected characteristic, if sufficiently sever, can constitute a hostile environment harassment violation…an assessment of the totality of the circumstances is required.”
Harassment was so severe and pervasive to alter the use and enjoyment of home and creates an abusive living environment.
Elements:
* Subjected to verbal or physical conduct of sexual nature
* Subjected to because of sex
* Conduct unwelcome and
* Sufficiently severe and pervasive
Examples:
unwanted touching, sexual advances, lewd sexual jokes,
showing porno, degrading sexual comments,
hidden video cameras, etc.
Faciliatator: NOTE (read)
Fed. Reg. Vol. 81, NO. 178 Weds. Sept. 14, 2016 63065
“a single incident of harassment because of a protected characteristic, if sufficiently sever, can constitute a hostile environment harassment violation…an assessment of the totality of the circumstances is required.”
Photo by g0ddest
All forms prohibited:
- sex harassment of same or different gender
- harassment re: gender identity-actual or percieved
- sexual harassment because a person is transgender
All forms of harassment “because of SEX” are prohibited:
harassment of a sexual nature by an individual of the same or different gender as the targeted person
harassment regarding gender identity-actual or perceived
harassment of a sexual nature because a person is transgender
harassment of a sexual nature by an individual of the same or different gender as the targeted person
harassment regarding gender identity-actual or perceived
harassment of a sexual nature because a person is transgender
Photo by nathangibbs
Liability
- Direct: “ a person is directly liable for his/her own discriminatory housing practices…liability for one’s own conduct.”
- Vicarious liability: “failing to take direct action to correct and end a discriminatory housing practice by a 3rd party, where the person knew or should have known of the discriminatory conduct and had the power to correct it…”
Photo by Richard Cassan
HUD TITLE VIII
Fair Housing Complaint Process
Anyone can file a complaint with HUD at no cost.
Fair housing complaints can be filed by any entity, including individuals and community groups. Complaints can be filed by telephone 1-800-669-9777, mail or online.
After HUD has received the initial information, an intake specialist will contact the complainant and interview him or her to collect facts about the alleged discrimination.
If HUD has the authority to investigate, it will file the complaint.
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.
HUD has the authority to take depositions, issue subpoenas and interrogatories, and compel testimony or documents.
The Fair Housing Act requires HUD to bring 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.
Fair housing complaints can be filed by any entity, including individuals and community groups. Complaints can be filed by telephone 1-800-669-9777, mail or online.
After HUD has received the initial information, an intake specialist will contact the complainant and interview him or her to collect facts about the alleged discrimination.
If HUD has the authority to investigate, it will file the complaint.
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.
HUD has the authority to take depositions, issue subpoenas and interrogatories, and compel testimony or documents.
The Fair Housing Act requires HUD to bring 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.
Photo by PatrickSeabird
Reasonable Cause
max civil penalty of $16,000, per violation
If the investigation produces reasonable cause to believe that discrimination has occurred or is about to occur, 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 the parties in the case.
After HUD issues a charge, a HUD Administrative Law Judge (ALJ) will hear the 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.
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.
If neither party elects, a HUD ALJ will hear the case. An attorney from HUD will represent the aggrieved party before the ALJ.
When the ALJ decides the case, the ALJ will issue an initial decision.
If the ALJ finds that housing discrimination has occurred or is about to occur, the ALJ can award a maximum civil penalty of $16,000, per violation, for a first offense, in addition to actual damages for the complainant, injunctive or other equitable relief, and attorneys' fees.
HUD will send a copy of the charge to the parties in the case.
After HUD issues a charge, a HUD Administrative Law Judge (ALJ) will hear the 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.
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.
If neither party elects, a HUD ALJ will hear the case. An attorney from HUD will represent the aggrieved party before the ALJ.
When the ALJ decides the case, the ALJ will issue an initial decision.
If the ALJ finds that housing discrimination has occurred or is about to occur, the ALJ can award a maximum civil penalty of $16,000, per violation, for a first offense, in addition to actual damages for the complainant, injunctive or other equitable relief, and attorneys' fees.
Photo by nathanmac87
Legal aid Advocates
intervention, referrals
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
Legal Aid Advocates
1. Become aware of these issues and the resources available to help or refer a victim.
2. Seek to uncover the sexual harassment/assault/rape that may be underlying a tenant's difficulty in obtaining repairs or defending eviction--through intake & interview Qs
3. Collaborate with housing advocates and sexual assault advocates to address the problems of sexual violence and the denial of safe housing.
4. Establish rapport with rape crisis centers which are often on the front lines with tenants who are seeking assistance for sexual assault or rape by a housing provider.
Legal Aid Advocates
1. Become aware of these issues and the resources available to help or refer a victim.
2. Seek to uncover the sexual harassment/assault/rape that may be underlying a tenant's difficulty in obtaining repairs or defending eviction--through intake & interview Qs
3. Collaborate with housing advocates and sexual assault advocates to address the problems of sexual violence and the denial of safe housing.
4. Establish rapport with rape crisis centers which are often on the front lines with tenants who are seeking assistance for sexual assault or rape by a housing provider.
Photo by The Children's Alliance
Cross training
& joint meetings
Theresa Keeley, 2006: "Landlord Sexual Assault & Rape of Tenants: Survey Findings & Advocacy Approaches"
5. Emphasize cultivating rapport with community based agencies for other housing related services: Tenant Rights groups, Fair Housing Organizations., Homeless Services, Rapid Rehousing Agencies, Domestic Violence Support Services, etc.
6. Conduct cross-training with one another or have joint meetings for a third party for holistic education, outreach and client assistance.
7. Don't be intimidated: Help is Available
National Housing Law Project (Oakland, CA)
National Fair Housing Alliance (Washington DC)
5. Emphasize cultivating rapport with community based agencies for other housing related services: Tenant Rights groups, Fair Housing Organizations., Homeless Services, Rapid Rehousing Agencies, Domestic Violence Support Services, etc.
6. Conduct cross-training with one another or have joint meetings for a third party for holistic education, outreach and client assistance.
7. Don't be intimidated: Help is Available
National Housing Law Project (Oakland, CA)
National Fair Housing Alliance (Washington DC)
Photo by ITU Pictures
For more info:
- https://www.federalregister.gov/documents/2016/09/14/2016-21868/quid-pro-qu...
- https://www.regulations.gov/document?D=HUD-2015-0104-0172
https://www.federalregister.gov/documents/2016/09/14/2016-21868/quid-pro-qu...
https://www.regulations.gov/document?D=HUD-2015-0104-0172
https://portal.hud.gov/hudportal/documents/huddoc?id=FinalNuisanceOrdGdnce....
2013 Sexual Harassment and Fair Housing Toolkit
https://equalrightscenter.org/wp-content/uploads/sexual_harassment_and_fair...
2003 Legal Resource Kit Sexual Harassment in Housing
Copyright 2003 NOW Legal Defense and Education Fund, Inc. https://www.legalmomentum.org/sites/default/files/kits/sexharassinhousinglr...
https://www.regulations.gov/document?D=HUD-2015-0104-0172
https://portal.hud.gov/hudportal/documents/huddoc?id=FinalNuisanceOrdGdnce....
2013 Sexual Harassment and Fair Housing Toolkit
https://equalrightscenter.org/wp-content/uploads/sexual_harassment_and_fair...
2003 Legal Resource Kit Sexual Harassment in Housing
Copyright 2003 NOW Legal Defense and Education Fund, Inc. https://www.legalmomentum.org/sites/default/files/kits/sexharassinhousinglr...
