Discrimination in housing is not only unjust—it’s illegal. The Fair Housing Act (FHA), a cornerstone of civil rights legislation in the United States, protects individuals from discrimination in housing-related transactions. For landlords, property managers, real estate professionals, and tenants alike, understanding how to navigate a discrimination complaint is essential for legal compliance and fair treatment.

Understanding the Fair Housing Act

The Fair Housing Act, enacted in 1968 and amended in 1988, prohibits discrimination in the sale, rental, or financing of housing based on the following protected classes:

• Race

• Color

• National Origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial Status

• Disability
  
  

The law applies to most housing, with some limited exemptions (such as owner-occupied buildings with four or fewer units or religious organizations providing housing).

What Constitutes a Discrimination Complaint?

A discrimination complaint under the FHA can arise from various actions or policies that treat someone unfairly because of a protected characteristic. Common examples include:

• Refusing to rent or sell housing

• Setting different terms or conditions (e.g., higher rent or deposits)

• Falsely denying availability

• Harassment or intimidation

• Refusal to make reasonable accommodations for individuals with disabilities

How Complaints Are Filed

Anyone who believes they’ve been subjected to housing discrimination can file a complaint with:

• The U.S. Department of Housing and Urban Development (HUD)
  

• A state or local fair housing agency authorized by HUD
  
  

Key steps in the process:

1. Filing the Complaint
   Complaints must typically be filed within one year of the alleged violation. They can be submitted online, by mail, or over the phone.
   
   

2. HUD Review and Investigation
   HUD reviews the complaint to determine jurisdiction and then investigates by collecting documents, interviewing witnesses, and reviewing housing practices.
   
   

3. Conciliation
   HUD will attempt to resolve the complaint through voluntary conciliation between both parties.
   
   

4. Determination and Resolution
   If HUD finds reasonable cause to believe discrimination occurred, the case may be prosecuted before an Administrative Law Judge or referred to the U.S. Department of Justice for further action.

What Happens If You’re the Respondent (Accused)?

If you’re a landlord, property manager, or housing provider who receives notice of a complaint:

• Do not ignore it—respond promptly and fully.

• Consult legal counsel or a fair housing expert.

• Gather documentation of your interactions and policies.

• Avoid retaliation against the person filing the complaint, as retaliation is itself a violation.
  
  

HUD investigations are fact-based, and being cooperative and transparent can help clarify misunderstandings or demonstrate compliance.

Tips for Prevention and Protection

To reduce the risk of discrimination complaints:

• Implement Fair Housing Training for all staff involved in leasing, advertising, or tenant interactions.

• Adopt consistent policies for screening, lease enforcement, and tenant relations.

• Maintain records of tenant applications, communications, and decisions.

• Use inclusive language in all advertising and marketing.

Conclusion

Discrimination complaints under the Fair Housing Act can be complex and costly—legally and reputationally. Whether you’re responding to a complaint or trying to prevent one, the key is education, documentation, and consistent, fair treatment of all applicants and tenants.

By understanding your rights and responsibilities under the FHA, you contribute to a housing environment where fairness isn’t just expected—it’s enforced.