Enforcement and compliance are the processes HUD and people who believe they have been discriminated against use to ensure that the requirements of the FHAA are complied with.

The FHAA is a civil rights law. As with all civil rights laws, its enforcement and compliance require the involvement of individuals who are willing to stand up for their rights and call attention to possible violations. In other words, unless individuals who are discriminated against complain, progress in housing will depend on voluntary compliance by landlords or action by the federal government through HUD.

The FHAA covers both privately owned housing and housing subsidized by federal funds. Property owners, landlords, housing managers, real estate agents, brokerage service agencies and banks have to comply with the FHAA. As you can see, there are literally thousands of housing developments and providers that must comply. Without the help of people who are affected, the federal government cannot possibly supervise all of the covered entities.

THE COMPLAINT PROCESS

If you believe you have been denied housing because of your disability, you may file an administrative complaint with HUD or a lawsuit in state or federal court.

Administrative complaints must be made within one year of the date on which the discriminatory act occurred or terminated.

Example 1:

You have a visual impairment and have asked to be shown an apartment. The manager tells you that there are currently none available. You asked to be placed on a waiting list for the first available unit and she agrees to notify you. The next week, you learn that an apartment was available at the time of your visit and that it was rented to the next applicant. This is a clear case of discrimination, and you can file a complaint up to one year after the day you asked to tour the unit.

Example 2:

You have had an ongoing complaint with the management of your residence over accessible parking. Although you have worked diligently to have a space set aside for your use in a complex with a first-come, first-served policy, the management has steadfastly refused to accommodate you. A complaint can be filed at any time from the first day the problem started throughout your efforts at resolution if the act was discriminatory.