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Discrimination in Housing Search
State and federal laws make it illegal for owners and managers
of rental properties to deny a unit to a prospective renter based
on race, color, religion, national origin, sex, handicap, age, or
familial status. Some state and local ordinances also prohibit discrimination
on the basis of military discharge, source of income, or other factors.
The primary forms of discriminatory practice in housing search are:
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Denial of access (i.e., by discouraging applications)
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Denial of availability
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Inconsistent terms and conditions between applicants
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Geographical steering |
Conducting Discrimination Briefings
The first step in helping families avoid discrimination is to educate
them on discriminatory practices. Families must be able to identify
potential discrimination and should know the steps necessary to
counteract discrimination. PHAs should contact their local fair
housing organization, as they often conduct training seminars free
of charge. The briefing should:
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Inform families of their right to choose a unit in any neighborhood
within or outside the PHA's jurisdiction
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Outline all federal, state, and local laws prohibiting discrimination
in the rental housing market, as well as the procedures to be
followed in the event that discrimination does occur |
The PHA must provide the family with information on how to fill
out and file a housing discrimination complaint. Having this information
does not guarantee, however, that families will choose to take action
if they encounter discrimination.
Responding to Discrimination
PHA and partner staff should encourage families to contact them
immediately if they feel that they may have been discriminated against,
even if they are unsure or finally decide not to file a complaint.
When families suspect discrimination, they should:
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Avoid direct confrontation with the landlord, manager, or real
estate agency, being careful not to make threats of suit or reveal
suspicions of discrimination
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Contact PHA or partner staff right away with detailed information
about the place, time, and people involved, and on what basis
they suspect that discrimination occurred |
After reviewing the information, PHA or partner staff should seek
the assistance of an experienced fair housing agency to clarify
additional information that may be necessary and what next steps
should be taken. Next steps for the fair housing agency may include:
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Contacting the landlord or manager to clarify the situation
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Providing additional help to investigate the complaints with
trained testers
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Seeking conciliation through direct negotiations with the landlord
or manager
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Filing a formal complaint with the appropriate federal, state,
or local agency
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Getting the help of an attorney to file a suit in federal court |
Above all, families should know that assistance is available and
that there are many courses of action if they are denied their rights.
For more information on housing discrimination, including HUD's
online housing discrimination compliant form and a listing of HUD's
Fair Housing Hubs, visit HUD's housing discrimination home page:
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