If an individual submits a complaint to the HUD, the agency must investigate in a timely manner. If the complaint cannot be resolved by arbitration, the HUD will decide whether there is reason to believe that federal laws have been violated. If the HUD finds a reasonable reason, it prepares a discrimination lawsuit. Within 30 days, the person alleging discrimination or the defendant may choose to hear the charges in federal or HUD administrative court. § 800. [42 U.S.C. 3601 Note] Short title This title may be cited as the Fair Housing Act § 801. [42 U.S.C. 3601] Policy Statement It is the policy of the United States to provide equitable housing throughout the United States within constitutional limits. 802. [42 U.S.C. 3602] Definitions As used in this subchapter – If the person filing the discrimination complaint chooses a case before the Federal Court, he or she will be represented by DOJ lawyers and the matter will be heard by a judge or jury.
If the plaintiff wins, he could receive both damages and punitive damages. Moreover, if the individual`s complaint were part of a broader “model and practice” of discrimination, DOJ could lay broader charges to relieve others and impose civil penalties – a fine paid to the government. In 1974, the federal government expanded the Fair Housing Act to include gender protection. and 1988 on the protection of families with children and persons with disabilities. Various state and local jurisdictions have added specific protections for sexual orientation and other categories. Housing lawyers and citizens say it can be difficult to prove housing discrimination if it is not overt and obvious, and that it is useful to gather good evidence in the form of written records and documents. They suggest that people who believe they have been discriminated against contact their local fair housing centre or a lawyer for advice. Some states and local jurisdictions offer additional protections for fair housing beyond federal laws. For example, the New York State Human Rights Act provides all the protections of the federal Fair Housing Act, but also provides protection against discrimination based on “creed.” national origin, sexual orientation, gender identity or expression, military status, age. a legitimate source of income. The Fair Housing Act is a federal law enacted in 1968 that prohibits discrimination in the purchase, sale, rental or financing of housing – private or public – on the basis of race, color, sex, nationality or religion. The Act has been amended several times, including in 1988, to add disability and marital status. State and local laws may extend these protections in certain jurisdictions, but may not affect or reduce them.
Individuals can also file discrimination complaints with the HUD or sue in federal or state court. The DOJ sues on behalf of individuals based on HUD recommendations. § 815. [42 U.S.C. 3614(a) Rules for the implementation of the title The Secretary may make rules (including rules for the collection, maintenance and analysis of appropriate data) for the implementation of this title. The secretary shall give public notice and an opportunity to comment on all the rules made under this section.§ 816. [42 U.S.C. 3615] Impact on State law Nothing in this subchapter shall be construed as replacing or limiting any law of a state or political subdivision of a state or other jurisdiction in which this subchapter is in force that grants, guarantees or protects the same rights conferred by this subchapter; But any law of a State, political subdivision or other such jurisdiction purporting to require or permit an act that would constitute a discriminatory housing practice under this subchapter is invalid in that regard.
[42 U.S.C. 3616] Cooperation with state and local agencies that administer fair housing laws; use of services and personnel; Repayment; written agreements; Publication in the Federal Register The Secretary may cooperate with state and local agencies responsible for administering state and local equitable housing laws and, with the consent of such agencies, use the services of such agencies and their employees and, without prejudice to other legal requirements, provide such agencies and their employees with the services provided to it in connection with the implementation of this subchapter. repayment. To pursue these cooperative efforts, the Secretary may enter into written agreements with such governmental or local agencies. All agreements and their terminations will be filed in the Federal Register.Sec. 818. [42 U.S.C. 3617] interference, coercion or intimidation; It is unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of or by reason of the exercise or enjoyment of the exercise or enjoyment of or by reason of the exercise or enjoyment of another person, or by reason of the aiding or abetting of another person in the exercise or enjoyment of a right granted or protected by section 803. 804, 805 or 806 of this title.§ 819. [42 U.S.C. 3618] Authorization of funds The funds are authorized to provide the amounts necessary to achieve the objectives of this subchapter.§ 820. [42 U.S.C.
3619] Severability of provisions If any provision of this Subchapter or its application to a person or circumstance is found to be invalid, the remaining provisions of the Subchapter and the application of the provision to other persons who are not in a similar situation or to other circumstances shall not be affected. (section 12 of the 1988 Act). [42 U.S.C. 3601 Note] Nothing in the Fair Housing Act, as amended by this Act, limits the rights, procedures, or remedies available under the Constitution or any other act of Congress that has not been so amended. (section 13 of the 1988 Act). [42 U.S.C. 3601 Note] Effective Date and Establishment of the First Rule Alternatively, if the individual plaintiff requests an administrative hearing, HUD lawyers will represent him and an administrative judge will hear the case. This usually takes less time than proceedings in federal courts, but the plaintiff can only receive damages and civil penalties if successful. No punitive compensation may be awarded. § 804. [42 U.S.C.
3604] Discrimination in the sale or rental of housing and other prohibited practices In accordance with section 803 of this title, and except as otherwise provided in sections 803(b) and 807 of this title, it is unlawful: (a) to refuse to sell or rent after making an offer in good faith, or to negotiate the sale or rental of a dwelling for a person on the basis of race, Make or deny skin colour, religion, sex, marital status or national origin inaccessible. Jurisdiction is claimed by filing an application under Article 2344 of this Title. > § 810. [42 U.S.C. 3610] Administrative application; Preliminary questions § 808a. [42 U.S.C. 3608a] Collection of Certain Data The U.S. Department of Housing and Urban Development (HUD) is primarily responsible for enforcing the Fair Housing Act. The HUD website provides additional information on what constitutes discrimination under the law and what to do if a person feels that their inclusion in a protected class has somehow negatively influenced a decision. Section 812 [42 U.S.C. 3612] Applied by Secretary. 28 UNITED STATES CODE, AS AMENDED BY SECTION 2341.
Definitions As used in this chapter – The Civil Rights Act of 1964 paved the way for this legislation. The Civil Rights Act was passed by Congress in direct response to the movement to end racial segregation and injustice in the 1950s and 60s. The Fair Housing Act passed Congress less than a week after the assassination of Rev. Martin Luther King Jr. and was the last of three major pieces of legislation enacted during the civil rights movement. Chapter 2342.