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What Happens After
A Complaint Investigation?
If, after investigating your complaint,
HUD finds reasonable cause to believe that discrimination
occurred, it will inform you. Your case will be heard
in an administrative hearing within 120 days, unless you
or the respondent want the case to be heard in Federal
district court. Either way, there is no cost to you.
The Administrative Hearing:
If your case goes to an administrative
hearing HUD attorneys will litigate the case on your behalf.
You may intervene in the case and be represented by your
own attorney if you wish. An Administrative Law Judge
(ALJ) will consider evidence from you and the respondent.
If the ALJ decides that discrimination occurred, the respondent
can be ordered:
- To compensate you for actual damages,
including humiliation, pain and suffering.
- To provide injunctive or other equitable
relief, for example, to make the housing available to
you.
- To pay the Federal Government a civil
penalty to vindicate the public interest. The maximum
penalties are
- $10,000 for a first violation and
$50,000 for a third violation within seven years.
- To pay reasonable attorney's fees
and costs.
Federal District Court
If you or the respondent choose to have
your case decided in Federal District Court, the Attorney
General will file a suit and litigate it on your behalf.
Like the ALJ, the District Court can order relief, and
award actual damages, attorney's fees and costs. In addition,
the court can award punitive damages.
In Addition
You May File Suit: You may file suit,
at your expense, in Federal District Court or State Court
within two years of an alleged violation. If you cannot
afford an attorney, the Court may appoint one for you.
You may bring suit even after filing a complaint, if you
have not signed a conciliation agreement and an Administrative
Law Judge has not started a hearing. A court may award
actual and punitive damages and attorney's fees and costs.
Other Tools to Combat Housing Discrimination:
- If there is noncompliance with the
order of an Administrative Law Judge, HUD may seek temporary
relief, enforcement of the order or a restraining order
in a United States Court of Appeals.
- The Attorney General may file a suit
in a Federal District Court if there is reasonabie cause
to believe a pattern or practice of housing discrimination
is occurring.
For Further Information:
The Fair Housing Act and HUD's regulations
contain more detail and technical information. If you
need a copy of the law or regulations, contact the HUD
Office nearest you. |