Who can file a complaint?
Anyone who is willing to sign his name and give contact info.
Where does a complainant get the correct form?
The
... [Show More] regional HUD office in Dallas or online at www.hud.gov
Where are complaints filed?
HUD regional office or office of Louisiana Attorney General.
How long does a complainant have in which to file a complaint?
If the complaint is filed w/HUD, one year , if filed in Federal Court 2 years.
Steps in the Complaint Process
1. Notification
2. Conciliation
3. Complaint Referral
4. Quick Action
5. Complaint Assessment
6. Adminstrative Hearing
Notification HUD will notify a complainant when it receives a complaints normally HUD also will
1. Notify the alleged violator of the complaint and permit that person to submit an answer.
2. Investigate the complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated.
3.Notify the complainant if it cannot complete an investigation within 100 days of receiving a complaint.
Conciliation
HUD will try to reach an agreement with the person a complaint is made against (the respondent)
Complaint Referral
1. If HUD has determined that a state or local agency has the same fair housing powers as HUD,HUD will refer complaints to that agency for investigation and notify complainants of the referral.
2. That agency must begin work on the complaint within 30 days or HUD may take it back.
Quick Action
If a complainant needs immediate help to stop a serious problem that is being caused by a Fair Housing Act Violation HUD maybe able to assist him as soon as he files a complaint.
HUD may authorize the Attorney General to go to court to seek temporary or preliminary, relief, pending the outcome of the complaint, if..
1. Irreparable harm is likely to occur without HUD intervention.
2. There is substantial evidence that a violation of the Fair Housing Act occurred.
Complaint Assessment
1. If, after investigating a complaint HUD finds reasonable cause to believe that discrimination occurred, it will inform the complainant.
2. The case will be heard in an administrative hearing within 120 days, unless the complainant or the respondent wants the case to be heard in Federal district court.
Administrative Hearing
If the case goes to an administrative hearing, HUD attorneys will litigate the case on behalf of the complainant ( If the Administrative Law Judge decides the discrimination occurred, the respondent can be ordered)
1. To compensate the complainant for actual damages, including humiliation, pain and suffering.
2. To provide injunctive or other equitable relief, for example to make the housing available to the complainant.
3. To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $11,000 for 1st violation and $55,000 for a third violation, within 7 years
4. To pay reasonable attorney's fees and costs.
Federal District Court
The attorney general will file a suit and litigate it on behalf of the complainant. Like the ALA, the district court can order relief and award actual damages, attorneys fees and costs. In addition, the court can award punitive damages. [Show Less]