Saving up enough money to pay the deposit and first month's rent for an apartment -- not to mention utilities and other necessities -- can be a monumental task. But when housing discrimination comes into play, such a basic human need as shelter can be nearly impossible to obtain. Below are answers to some of the most frequently asked questions about housing discrimination.
Frequently Asked Questions
What type of housing discrimination is illegal when it comes to property rentals?
The federal Fair Housing Act, the Fair Housing Amendment Acts (42 U.S. Code 3601-3619, 3631), and many state and local laws prohibit a landlord from selecting tenants based on certain protected criteria. A landlord may not refuse to rent to a tenant for the following reasons:
- Race or color
- National origin
- Religion
- Disability or handicap, including physical and mental impairment
- Sex, including sexual harassment
- Familial status (includes protection for people with children under age 18 or pregnant women)
In addition, state and local housing discrimination laws may offer coverage beyond federal law, such as protection for sexual orientation, age, and marital status.
What kind of housing discrimination do the federal Fair Housing Acts prohibit?
A landlord must treat every tenant equally. Illegal discrimination occurs when the landlord:
- Refuses to rent to members of a certain race
- Denies the availability of a available rental dwelling or steers renters to a certain area based on race
- Creates unreasonable restrictions on the number of people that may live in the rental unit
- Includes preferences or limitations in a rental advertisement
- Creates different terms or standards for certain tenants
- Terminates a tenancy based on a discriminatory reason
- Provides services or facilities only for certain tenants
- Demands sexual favors or creates a sexually hostile environment
- Refuses to make reasonable accommodations for a disabled tenant
- Fails to stop another tenant from making discriminatory, harassing, or threatening comments to a person in a protected category
The Fair Housing Acts apply to any person that deals with tenants and prospective tenants, including real estate agents, property owners, landlords, and managers. Even if the property owner did not personally discriminate against tenants or prospective tenants, the landlord may still be liable for the civil rights violations of employees.
What property is exempt from the federal Fair Housing Acts?
The Fair Housing Acts do not apply to every rental property. Exempt property includes:
- Senior housing: Housing qualifies for this exemption if 1) HUD has made a determination that the dwelling is designed and occupied by elderly residents under a local, state, or federal program; or 2) all residents are 62 or older; or 3) at least one person who is 55 years old or older resides in 80 percent of the occupied units and the public is made aware that the housing unit intends to provide senior housing to people 55 or older
- Owner-occupied housing: An owner lives in a building with four or fewer units
- Some owners of single family homes: A single family home is owned by a private person and rented without the use of a real estate broker or discriminatory advertising
- Some housing owned by religious organizations and private clubs: Housing that limits occupancy to its members
Local and state housing discrimination laws may still apply to federally exempt property, however.
What are the legal reasons that a landlord can reject a prospective tenant?
A landlord must base the selection of tenants on pre-established and objective criteria. A landlord may reject prospective tenants based on a fair screening process that requires all tenants to undergo the same application process. A landlord may consider the following when screening a tenant:
- Credit history
- Income
- History of nonpayment of rent
- Prior bankruptcies
- References
- Some types of criminal convictions
- Pets
How does a person lodge a housing discrimination complaint with HUD or a local or state agency?
A tenant or a prospective tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD) if a possible violation of their rights occurred under the Fair Housing Acts. It is necessary to file the complaint within one year of the alleged discrimination. HUD will conduct an investigation to determine whether to dismiss the complaint or attempt to reach a "conciliation" agreement between the parties. If conciliation is unsuccessful, a judge will conduct an administrative hearing to determine whether there is reasonable cause to believe that discrimination occurred. If the court finds discrimination, it may issue an order of relief and grant the tenant damages.
Instead of having the case decided in an administrative hearing, the tenant or the landlord may choose to have the case litigated in Federal District Court by the Attorney General's office. A District Court can grant the tenant injunctive relief and damages.
Because state and local areas also have anti-discrimination laws, a tenant may file a complaint with the appropriate agency. Under state and local law, the statute of limitation for filing a complaint may be different from federal time limits. The same investigation and conciliation efforts that HUD uses usually occur in a state or local investigation as well.
Can a tenant or a prospective tenant sue the landlord for discrimination in federal or state court?
Within two years after an alleged violation occurs, a person may file a private lawsuit in federal or state court even if the discrimination led to a complaint with HUD. As long as a conciliation agreement did not occur or an administrative hearing did not commence, a court can preside over the case. A finding of discrimination may result in the tenant receiving actual damages, damages for emotional distress, punitive damages, and attorney fees.
Are You a Victim of Housing Discrimination? Talk to an Attorney Today
Housing discrimination is a serious violation, whether it results in fewer housing choices, unfair terms, or some other indignity. However, it is often unreported. If you think that you have been denied fair housing rights, then take the initiative and talk to a civil rights attorney about your situation.
We serve the counties of Benton, Carroll, Chester, Crockett, Dyer, Decatur, Gibson, Hardeman, Hardin, Haywood, Henry, Henderson, Lake, McNairy, Madison, Obion, and Weakley.
If you or someone you know feels discriminated against when renting, buying or selling a home due to race, color, national origin, religion, sex, familial status or a disability, help may be available from the following state or federal agencies.
Filing a complaint with the Tennessee Human Rights Commission (THRC)
THRC is the Fair Housing Assistance Program (FHAP) agency for the state of Tennessee. THRC investigates allegations of discrimination in housing and other areas. Complaints of discrimination must be filed with THRC within 180 days of the alleged discriminatory act. Anonymous complaints are not accepted. Follow this link to information on filing a complaint and for THRC’s complaint form, or call the agency at 1-800-251-3589 for assistance.
Filing a complaint with HUD’s Office of Fair Housing & Equal Opportunity (FHEO)
Anyone who feels discriminated against when renting, buying or selling a home may file a complaint with HUD-FHEO. Persons may file a complaint with HUD online (English & Spanish), by email or mail using the HUD form (also available in Arabic, Cambodian, Chinese, Korean, Russian, Somali, Spanish, and Vietnamese) or by calling 1-800-669-9777 or 1-800-877-8339. Complaints must be filed within one year of the alleged discriminatory act. HUD FHEO investigates alleged discrimination under the Fair Housing Act (including housing that is privately owned and operated) and alleged discrimination and other civil rights violations in housing and community development programs, including those funded by HUD.
Please note: It is not necessary to file a complaint with both THRC and HUD. THRC, as the State of Tennessee FHAP, and HUD FHEO work cooperatively on allegations of housing discrimination. Thus, an individual may file a complaint with either organization. The one exception is when filing a complaint more than 180 days after the alleged discriminatory act occurred. To file a complaint about a discriminatory act that is older than 180 days (but less than one year) please contact HUD-FHEO.
Filing a complaint with THDA
Applicants to and participants of THDA managed programs who believe they have been denied a benefit or experienced some other negative action because of membership in a protected class (race, color, national origin, religion/creed, disability, sex/gender or familial status) may submit a complaint directly to THDA. Please complete THDA’s Discrimination Complaint form and send the form by email to or mail to:
THDAAttn: Civil Rights Compliance Andrew Jackson Building, Third Floor502 Deaderick St.
Nashville, TN 37243
For complaints involving THDA managed programs, THDA may initially investigate a discrimination complaint or may forward the complaint to THRC or HUD-FHEO for investigation and response. THDA is not an enforcement agency for Title VI, Fair Housing or the TN Human Rights Act; therefore, when a discrimination complaint is received THDA must always notify and coordinate the investigation and recommended actions with THRC or HUD-FHEO. All complaints that allege discrimination, but are not related to a THDA managed program, are forwarded to THRC or HUD-FHEO for investigation and response. Follow this link for THDA’s Discrimination Complaint procedures.
Retaliation
It is illegal for anyone to retaliate against a person for making a fair housing complaint to HUD or a housing provider/agency or for participating in the investigation. If you believe you have experienced retaliation, you can file a complaint following the process outlined above.
Assistance with Filing a Complaint
If you need help with filing a discrimination complaint, HUD funds housing organizations and other non-profits to assist people who believe they have been victims of housing discrimination through the Fair Housing Initiatives Program (FHIP). FHIP organizations may assist individuals with filing a discrimination complaint with the appropriate state of federal agency. Tennessee has two FHIP agencies that may assist individuals with fair housing matters, Tennessee Fair Housing Council and West Tennessee Legal Services.
Tennessee Fair Housing Council
West Tennessee Legal Services
Title VI & Fair Housing Questions?
For questions about THDA’s Title VI procedures, compliance-related information or questions about filing a complaint, please email Laura Swanson, Title VI & Fair Housing Coordinator (615) 815-2127. For information on Section 504 and reasonable accommodation requests in THDA programs, email THDA Assistant Legal -Counsel, Charity Williams (615) 815-2029.