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WhoCanISue.comDiscriminationHousing

Find A Discrimination Attorney For Housing Discrimination

 
Summary

With the help of a discrimination attorney, a housing discrimination lawsuit can be filed against any person or organization that has violated the Federal Fair Housing Act or any of the many related state laws. The Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex, national origin, family status or disability by such individuals as landlords, building managers and real estate agents as well as other entities, including municipalities, banks or other lending institutions and homeowners insurance companies. 

There are many reasons why someone would want to file a housing discrimination claim.  In order for an act of discrimination to meet the criteria of a federal lawsuit, the United States Attorney General must have reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of discrimination or denial of civil rights to a group of persons.

Under the Fair Housing Act, the Department of Justice may start a housing discrimination 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 civil rights to a group of persons raises an issue of general public importance. Through these discrimination 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 preventing any further discriminatory conduct. The defendant 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 complainant or the respondent (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.

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.  

Housing discrimination lawsuits are always decided in a federal civil court rather than in the criminal justice system. A discrimination attorney can present the facts that pertain to your case to the courts. This is because housing discrimination trials are about financial compensation for the violation of civil rights rather than seeking punishment such as jail time for a criminal act.  However, when force, or the threat of force has been used to deny fair housing rights, the Department of Justice may also begin criminal proceedings. 

Housing discrimination claims hold every individual involved accountable; when an individual or a family has been deprived of the opportunity to reside where they choose,  These discrimination lawsuits serve as a useful reminder to banks, businesses and even local governments that they are ultimately responsible if a United States citizen should experience housing discrimination through their actions.

States generally impose a time limit (known as a statute of limitation) within which a housing discrimination lawsuit must be filed. This time limit can vary from state to state.

Compensation on a housing discrimination claim is limited to one lump sum payment. The judge or an administrator decides allocation of the money among the respective parties to the suit. 

Who Can Sue

If you have experienced housing discrimination, you and your family could be eligible to pursue a housing discrimination lawsuit. Talk to a housing discrimination attorney about the details of your case to see if your civil rights have been violated.

Because the local statutes of limitations and other factors may play a role in your right to sue, don’t jeopardize your legal options by waiting too long to decide. Consult an experienced discrimination attorney as soon as possible in order to determine if you are entitled to compensation.

Sorting out the details of a housing discrimination claim can be complex.  Because of the various claims requirements, only an attorney who is experienced in the area of fair housing lawsuits will ensure that your rights are fully protected.  It is crucial to retain competent legal counsel early on.

Interesting Facts

The U.S. Justice Department considers housing discrimination a top priority.  Many housing discrimination cases arise from Operation Home Sweet Home. Initiated in 2006, This Department of Justice program employs individuals who pose as renters for purposes of gathering information about possible discriminatory practices in the rental of apartments.

In Fiscal Year 2007, the Department conducted a record number of undercover housing discrimination investigations, filed 30 lawsuits alleging unlawful housing discrimination, and obtained settlements and judgments requiring the payment of over $5 million in monetary damages to victims of discrimination and civil penalties. 

Since 2001, the Justice Department’s Civil Rights Division has filed more than 271 cases to enforce the Fair Housing Act, 54 of which alleged discrimination based on familial status.

The money paid for unlawful discrimination settlements is generally tax-free. Compensatory damages awarded for housing discrimination are always tax exempt. Although punitive damages are usually taxable, they may, depending on state law,  also be exempt from income tax if they are paid out as part of a housing discrimination claim.

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