The Fair Housing Act prohibits discrimination in any housing related transaction based on race, color, national origin, religion, sex, familial status, and disability. Fair housing complaints involve allegations of discriminatory housing practices, such as a refusal to rent or sell housing, differential treatment, differing terms and conditions, harassment, or retaliation. Individuals who believe they have experienced housing discrimination have the right to file formal complaints of housing discrimination with the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (HUD) or a lawsuit in state or federal court. When filing with HUD, the person making the complaint of housing discrimination is referred to as “the Complainant”. The housing provider who has been accused of housing discrimination is referred to as “the Respondent.” When filing in state or federal court, the person making the complaint is called “The Plaintiff” and the person or entity who the suit has been filed against is referred to as “The Defendant.”
Jurisdiction
When filing a formal complaint of discrimination i with HUD or in state or federal court, the first thing that a Complainant (Plaintiff) must establish is “jurisdiction.” “Jurisdiction” refers to the authority of the Department of Housing and Urban Development (HUD) to investigate a complaint alleging housing discrimination or of the court’s authority to hear a case. Jurisdiction is based on factors such as the type of housing involved, location of the property where discrimination allegedly occurred, the protected class status of the Complainant, and whether the alleged act of discrimination falls within the scope of the Fair Housing Act.
Timeliness
In addition to jurisdiction, Complainants must demonstrate that their complaint is “timely”. Complaints must be filed within the statute of limitations (one year from the alleged discriminatory incident for filing with HUD, and two years from the date of the alleged discriminatory incident for filing a suit in state or federal court).
Establishing a Prima Facie Case
To successfully prove a case of housing discrimination, the Complainant (Plaintiff) has the burden of proof to show that an act prohibited by the Fair Housing Act occurred. The burden of proof requires sufficient evidence to support a claim of unlawful discrimination. The first thing that a Complainant (Plaintiff) must do is to present a “prima facie” case of discrimination. “Prima facie” is a Latin term which means “at first sight” or “at first impression.” Establishing a prima facie case includes demonstrating the following:
- The Complainant must show that they are a member of a protected class. The protected classes under the federal Fair Housing Act are race, color, religion, national origin, sex, disability, and familial status.
- The complaint must show that they were qualified for the housing transaction. For example, if the complaint alleges that they were denied the opportunity to rent an apartment due to a discriminatory reason, they must be able to show that they had sufficient income to rent the apartment.
- The Complainant must show that there was an adverse action taken against them, such as a refusal to rent or sell housing, differential treatment, differing terms and conditions, harassment, or retaliation.
- The Complainant must show evidence or demonstrate that circumstances suggest that the adverse action was motivated by a discriminatory reason. For example, if an African American Complainant alleges that they were denied housing despite meeting all necessary qualifications while white applicants with similar qualifications were accepted.
After HUD determines that they have jurisdiction to investigate a prima facie complaint of housing discrimination, the complaint is “timely”, and there appears to be a prima facie case, a summary of the allegations is provided to the Respondent. The Respondent is then required to respond in writing within 30 days to refute the allegations and to provide evidence of a legitimate, non-discriminatory reason for their actions. The investigating staff at HUD will evaluate the evidence provided by both the Complainant and the Respondent. At this point, HUD will typically set up a conciliation meeting to try to bring both parties together and determine if there is a mutually agreeable solution that will resolve the conflict. If both parties can agree to a solution, the case can be “conciliated” and closed. A conciliation agreement can include a monetary settlement along with an agreement by the Respondent to end all discriminatory housing practices, receive fair housing training, and submit to a period of government monitoring. If both parties cannot come to a mutual agreement, HUD will continue investigating the complaint and take a closer look at the evidence.
The framework for proving discrimination in fair housing cases has been influenced by the landmark U.S. Supreme Court case McDonnell Douglas Corp. v. Green (1973), which established a three-step process to evaluate discrimination claims in employment cases. This framework also applies to housing discrimination cases under the Fair Housing Act. Under the McDonnell Douglas burden-shifting model, the Complainant has the initial burden of proof which includes both the obligation to produce evidence in support of the allegation and the obligation to convince the factfinder that the claim is more likely than not to be true (establishing a prima facie case).
The burden then shifts to the Respondent (Defendant) to articulate a legitimate, non-discriminatory reason for their action. For example, a housing provider might argue that they rejected the Complainant’s rental application because the housing was not available or that the Complainant did not have sufficient income or credit to qualify.
The third step provides the Complainant (Plaintiff) with an opportunity for rebuttal. Even if the Respondent presented a legitimate, non-discriminatory reason for their action, the Complainant might still prevail in proving their case by showing that the Respondent’s explanation is pretextual, that the stated reason is not credible, that discrimination was the true motive, or because there is evidence of other inconsistencies.
In some cases, a Complainant may have direct evidence of discrimination, which can relieve them of the need to go through the McDonnell Douglas framework. Direct evidence refers to statements or actions that explicitly show discriminatory intent, such as a landlord making a statement like, “We don’t rent to people of your race.” In these cases, the Complainant may not need to establish a prima facie case of discrimination, and the burden of proof may not shift to the defendant in the same way. However, the plaintiff still must persuade the court that discrimination occurred, and that damages or remedies are appropriate.
Complainants may also use statistical evidence to support claims of discrimination, particularly in cases involving disparate impact. Disparate impact refers to policies or practices that appear neutral on their face but disproportionately affect certain protected groups in a negative way. For example, a housing provider might have a policy of only considering employment income when deciding if a person has enough income to afford the rent. This policy disproportionately impacts people with disabilities who might receive disability income and single parent families with children who might receive alimony or child support. The burden of proof in disparate impact cases shifts much as it does in direct evidence cases. The Complainant (plaintiff) must first show that the policy disproportionately affects a protected group more than the general population. The Respondent (defendant) can then attempt to justify the policy by showing that it is necessary for a legitimate business reason and that no less discriminatory alternative is available.
Understanding the shifting burdens of proof in a fair housing complaint is essential for Complainants (plaintiffs). The Housing Equality Center of Pennsylvania can assist Complainants in understanding their obligations and what to expect during the complaint process. We are here to provide information on your rights and help determine what types of housing issues may be illegal discrimination. The HECP can also discuss options for enforcement of your rights and in some cases, we may be able to conduct an investigation to see if housing discrimination is occurring and to help provide additional evidence proving your case. For more information about what to do if you think you have experienced housing discrimination click here. To report housing discrimination, click here.
