Civil Rights: Housing FAQ Text Size:

• Does the Fair Housing Act prohibit discrimination on the basis of a person's sexual orientation?
• How does the Department of Justice enforce the Equal Credit Opportunity Act?
• How does the Department of Justice enforce the Fair Housing Act?
• How does the Department of Justice enforce Title II?
• What do I do if I believe I've been the victim of illegal discrimination in housing?
• What do I do if I believe that I've been the victim of an unfair credit transaction involving residential property?
• What do I do if I believe that I've been the victim of discrimination under Title II?
• What is the Equal Credit Opportunity Act?
• What is the Fair Housing Act?
• What is Title II of the Civil Rights Act of 1964?

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Q: Does the Fair Housing Act prohibit discrimination on the basis of a person's sexual orientation?

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• A: When sexual orientation is the only basis of discrimination, no. However, these complaints are evaluated on a case-by-case basis to determine whether any other form of discrimination is present (such as sex or disability, for example).

  Many state and local laws prohibit discrimination in housing based on sexual orientation. You should consult with your local or state civil rights enforcement agency to determine whether discrimination on this basis is protected.

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Q: How does the Department of Justice enforce the Equal Credit Opportunity Act?

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• A: The Department of Justice may start a lawsuit when it has reason to believe that a creditor is engaged in a "pattern or practice" of discrimination. Through these lawsuits, the Department can obtain money damages, both actual and punitive damages, for those individuals harmed by discriminatory actions, as well as prevent further discrimination by the defendant.

  Individual complaints of discrimination are handled by the creditor's federal regulatory agency. The agencies and the types of financial institutions that they regulate are as follows:

  Office of Thrift Supervision ["OTS"]:

  Savings associations and federally chartered savings banks (the word "Federal" or the initials "F.S.B." appear in federal institution's name).

  Comptroller of Currency ["OCC"]:

  National banks, federal branches/agencies of foreign banks (the word "National" or the initials "N.A." appear in or after the bank's name).

  Federal Reserve Board ["FRB"]:

  Financial institutions that are members of the Federal Reserve System, except national banks and federal branches/agencies of foreign banks.

  Federal Deposit Insurance Corporation ["FDIC"]:

  State chartered banks that are not members of the Federal Reserve System.

  National Credit Union Association ["NCUA"]:

  Federal credit unions (the words "Federal credit union" appear in the institution's name).

  Federal Trade Commission ["FTC"]:

  Retailers, finance companies, creditors (including most mortgage companies) that aren't assigned to another agency

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Q: How does the Department of Justice enforce the Fair Housing Act?

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• A: Under the Fair Housing Act, the Department of Justice may start a lawsuit where it has reason to believe that a person or entity is engaged in a "pattern or practice" of discrimination, or where a denial of rights to a group of persons raises an issue of general public importance. Through these lawsuits, the Department can obtain money damages, both actual and punitive damages, for those individuals harmed by a defendant's discriminatory actions, as well as prevent any further discriminatory conduct. The violator may also be required to pay money penalties to the United States.

  The Department of Housing and Urban Development ["HUD"] investigates individual cases of discrimination in housing. If HUD determines that reasonable cause exists to believe that a discriminatory housing practice has occurred, then either the person complaining or the person against whom the complaint was filed may elect to have the case heard in federal court. In those instances, the Department of Justice will bring the case on behalf of the individual complainant. In addition, where force or a threat of force is used to deny or interfere with fair housing rights, the Department of Justice may begin criminal proceedings.

  Finally, in cases involving discrimination in home mortgage loans or home improvement loans, the Department may file suit under both the Fair Housing Act and the Equal Credit Opportunity Act.

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Q: How does the Department of Justice enforce Title II?

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• A: When there is reason to believe that a person or entity has engaged in a "pattern or practice" of discrimination which violates Title II, the Department of Justice can bring a lawsuit. However, unlike lawsuits enforcing the Fair Housing Act or the Equal Credit Opportunity Act, the Department cannot obtain monetary damages for individuals in Title II cases.

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Q: What do I do if I believe I've been the victim of illegal discrimination in housing?

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• A: Individuals who believe that they have been victims of an illegal housing practice may file a complaint with the Department of Housing and Urban Development ["HUD"] or file their own lawsuit in federal or state court.

  You must file the complaint with HUD within one year of the incident you believe to be housing discrimination.

  If you choose to file your own lawsuit in federal or state court, the Act requires that you do so within two years of the incident.

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Q: What do I do if I believe that I've been the victim of an unfair credit transaction involving residential property?

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• A: Individuals who believe that they have been victims of an illegal housing practice - such as the denial of a mortgage- involving credit may file a complaint with the Department of Housing and Urban Development ["HUD"].

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Q: What do I do if I believe that I've been the victim of discrimination under Title II?

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• A: Individuals who believe that a place of public accommodation has violated Title II may file their own lawsuit in federal court. In addition, you may some rights under other federal laws, state laws, or local ordinances and should consult with your local or state civil rights enforcement agency.

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Q: What is the Equal Credit Opportunity Act?

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• A: Under the Equal Credit Opportunity Act, a creditor may not discriminate on the basis of sex, race, color, religion, national origin, marital status, age or source of income in any credit transaction.

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Q: What is the Fair Housing Act?

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• A: The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability by housing providers. It applies to landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions, and homeowners insurance companies.

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Q: What is Title II of the Civil Rights Act of 1964?

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• A: This law prohibits discrimination because of a person's race, color, religion, or national origin in certain places of public accommodation, such as hotels, restaurants and places of entertainment.