A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for ones self, walking, seeing, hearing, breathing, speaking, learning, and working. If you believe that you have been discriminated against in housing and need legal advice or assistance. The law prohibits discrimination in all aspects of the housing business, including: renting or leasing, sales, mortgage lending and insurance, advertising, practices such as restrictive covenants, and new construction. Yes, working with a lawyer to protect your rights can help you remain in your residence or secure a place to live. It is against the law to do any of the following based on race, sex, disability, nationality, religion, color or familial status: 1. If you believe you have been discriminated against when applying for housing in Florida, please contact our office. The FHA applies to the following circumstances: Additionally, the Fair Housing Act makes it illegal to: There are four major exceptions to the Fair Housing Act: If you feel you have been discriminated against, it is important that you begin by filing a complaint with the Office of Fair Housing and Equal Opportunity (FHEO). Law, Immigration When considering attorneys to represent your case, its strongly advised that you seek representation by a lawyer who has experience in civil rights litigation. For example, if a landlord suggests an apartment that would be a better fit for you, their actions may be discriminatory. If you have questions about accessibility, please email us at [emailprotected]. We work with you hand in hand to achieve the best outcome in your situation without charging a dime until weve secured compensation for you. However, additional protections may be available based on the county you live in. 1974). Housing discrimination is a serious violation, whether it results in fewer housing choices, unfair terms, or some other indignity. Your complaint should include the facts that prove why you believe you were violated. Fowler, Hein, Cheatwood & Williams, P.A. Under Florida state law and the Fair Housing Act, you are entitled to the opportunity to rent or purchase housing, regardless of your disability. A potential renter wearing clothing associated with a particular religion visits a leasing office in which it is clearly stated that there are units available, only to be told that the signage is incorrect. Show Preview. The Fair Housing Act covers most housing. Under both local and Florida state law and the Fair Housing Act, you are entitled to the opportunity to rent housing or purchase a home regardless of your race, sex, nationality, or disability. This includes acceptance of service animals. File a discrimination complaint with HUD Predatory lending - don't be a victim of unfair lending practices Tenant rights, laws, and protections At Your Service If you believe you have been a victim of housing discrimination, you may file a complaint, or call us toll-free at 1 (800) 669-9777. Our client reviews, law firm profiles, and live chat make it easy to find the best Fair Housing lawyer for you. Equal access to housing is a civil right protected by law on both state and federal levels. My landlord made a lot of comments about having sex with me. of when the last act of discrimination occurred. 833.WIN.ANDY, 701 Main Street This choice must be made within 20 days of the date you received notice of the determination. Title II: State and Local Government Services Contact your local housing committee to learn about your rights. Represented a business owner in a Denver, Colorado litigation concerning the theft of his company by former corporate employees, resulting in a multi-million dollar settlement to the business owner. & I am truly passionate about ensuring your rights are upheld and fighting for justice when those rights have been infringed upon. According to the Fair Housing Trends Report, there were31,202 complaintsin 2018, which marked the highest amount since the report began in 1995. As long as that amount is met, children and people younger than 55 can live in this kind of housing. Ste 2201 The laws proponents seek to expand the protections offered by the Read More . The Fair Housing Act (along with its amendments) states that property owners, financial institutions, and landlords may not discriminate on the basis of race, color, or national origin. While the process described below applies to HUD investigations, you can reasonably expect a somewhat similar procedure from your HUD-certified local agency. You can call this attorney to schedule your free initial consultation and make an appointment at 1200 S Pine Island Rd Ste 750, Plantation, FL. https://www.justice.gov/crt/fair-housing-act-1, The Department of Housing and Urban Development has a simpler breakdown of the, https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview. IL External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. You do not have to accept discrimination, and working with a legal professional can help you take the necessary steps to hold the responsible parties accountable for their actions. Real estate agents, brokers, landlords or anyone in the housing business has violated these laws if they encourage a homeowner to sell or rent with discriminatory intent. There are generally two types of sexual harassment: Quid Pro Quo and Hostile Environment. Please tell us why this information wasn't useful. Tell me your story. While there is no formal process written into the Fair Housing Act to appeal this decision, HUD allows you to request a reconsideration by writing to: Director, FHEO Office of Enforcement, U.S. Department of Housing and Urban Development, 451 7th Street, SW, Room 5226, Washington, DC 20410-2000. Proving that the alternative reason for the treatment was in fact discriminatory is difficult. The Fair Housing Act prohibits discrimination in housing because of: Race Color National Origin Religion Sex (including gender identity and sexual orientation) Familial Status Disability What Types of Housing Are Covered? Often victims of sexual harassment suffer both. How Does Closing a Credit Card Impact Your Credit? Read the act in full here. An attorney can help ensure that your rights are protected as a renter. If HUD determines that housing discrimination has occurred, the U.S. Department of Justice, Civil Rights Division can bring the case to Federal Court. ) Consider the following when speaking with an employee rights lawyer, employment discrimination lawyer or attorneys who handle other forms of discrimination cases: At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. When you retain us, we get to work investigating the discrimination and obtaining the evidence needed to prove it. from this notification to decide whether your case is heard before a Federal District Court judge or a HUD Administrative Law Judge. State and federal law prohibit discrimination in the sale and rental of housing by property owners, landlords, property managers, mortgage lenders, and real estate agents. Housing Discrimination Inquiry Form. Section 504 of the Rehabilitation Act provides that no qualified individual with disabilities should, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The Texas Fair Housing Act and the U.S. Fair Housing Act prohibit discriminatory housing practices in the sale, rental and financing of housing based on race, color, national origin, religion, sex, physical or mental disability, or familial status (presence of a child under age 18 living with parents or legal custodians, person securing custody of children under 18, or a pregnant woman). 2 prosecutor at the Marin County District Attorney's Office has filed a racial discrimination claim against the county that seeks $12 million in damages. However, when the couple arrives to the unit thirty minutes later, and the landlord sees that the couple is interracial, they are told that the unit has since been rented; and. The Florida Fair Housing Act does not provide new protected traits. If you believe you have experienced discrimination on the basis of disability, please contact our Disability Housing Discrimination Attorney for a free consultation (800) 383-7027. You have an option of filing your inquiry directly with The Housing Urban Development (HUD) who can be reached via email @ [email protected] or you may call them directly at 1-800-669-9777. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. History of the Florida Commission on Human Relations. Housing discrimination is often misidentified, ignored, or it just goes completely undetected. Not only do I have the professional experience to skillfully represent you, but I have a personal connection to disability discrimination that allows me to understand your perspective. Currently, the FHA prohibits housing discrimination based on color, race, national origin, sex, familial status, and disability. We make every effort to have cases dismissed early and enjoy an enviable record of success in this regard. People with disabilities are also protected when they seek housing. Providing financial assistance for buyers or renters of real estate; Participating in real estate organizations; Intimidating, coercing, or threatening others in regards to their purchase or rental; and. Top rated discrimination lawyer. 61602 In such cases, both the broker and the contractor would be engaging in discriminatory behavior; A landlord advertising an apartment for sale and confirms with an inquiring couple, on the phone, that the unit is available. in Business Administration from Pepperdine University. These are all situations in which your rights have been infringed upon. Write down a list of all the people who were involved, such as the property management company, leasing agents, landlords, lenders, etc. All rights reserved. When I fell behind on rent, he said there was another way I could pay. Representation of companies in providing training seminars concerning sexual harassment and discrimination in the workplace. Im here to help. If you live in HUD-assisted housing such as public housing, project based section 8 housing, Section 202 and 811 supportive housing for the elderly and people with disabilities, and are experiencing domestic violence, you have options that will help you to keep your housing or allow you to move for safety reasons. This can include refusing to rent or sell to someone, or treating someone differently, because of their gender. Upon its passing, its central objective was to prohibit race discrimination in the sales and renting of housing. A disability is defined in the Fair Housing Act as a physical or mental impairment that substantially limits one or more of a persons major life activities. Major life activities can include caring for ones self, walking, seeing, hearing, speaking, breathing, learning, and working. Also, the party accused of discrimination will have the chance to defend themselves by providing an alternative reason (other than discrimination) for the disparate treatment. Disability, whether physical or mental; and. Where necessary, reasonable accommodations in housing rules, policies, practices, or services are required to allow people with disabilities equal opportunity to use and enjoy dwellings. Represented numerous women concerning gender discrimination and sexual harassment in the workplace. The law that protects you in your HUD-funded housing as a survivor of domestic violence is called the Violence Against Womens Act (VAWA). St. Petersburg, Florida 33701 TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. In addition, persons and entities covered by the Fair Housing Act may not coerce, intimidate, threaten or interfere with any individuals rights under Fair Housing Act. 4112.02 (H). Courts typically look at how long an individual intends to stay at a hotel or other temporary place of lodging and have been more willing to extend FHA protection to extended-stay hotels and seasonal dwellings. HUD will review their facts and determination, and will decide whether to change it or leave it as is. The Florida Fair Housing Act (Florida Statutes 760.20-760.37) mirrors the federal Fair Housing Act and is enforced by the Florida Commission on Human Relations (FCHR) which investigates housing discrimination complaints for the state of Florida. A few examples of this include credit history, income, references from past landlords, and past behavior, such as damaging property. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Claims against an insurance agent and insurance company where a policy was obtained on behalf of a personal staffing company; the carrier denied coverage for personal injuries sustained by a third party on the ground that coverage was for clerical error problems, not personal injury accidents, ONE CENTRAL TOWER Attorneys 58; Law Firms 57; Articles 0; Speak with one of our experienced and compassionate staff members who will listen, advise and assist you. If, you believe that you have been a victim of housing discrimination, please contact our office and we will assist you in determining whether or not housing discrimination has taken place. In addition to financial consequences, the offending party could become subject to a court order not to discriminate. Law Practice, Attorney The maintenance person wont fix anything in my apartment unless I have sex with them. This housing requires a certain amount of the residents to be at least 55 years old. TRANSMISSION OF INFORMATION BETWEEN POTTER HANDY LLP AND YOU IS NOT INTENDED TO, AND WILL NOT CREATE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN POTTER HANDY LLP AND YOU. The owner of the home I rent makes comments about my body, clothes, and the sexual acts they want me to perform on them. color:#ffffff; Following an investigation, the FHEO will issue its findings as to whether there is a reasonable cause to find a violation has occurred. Learn more about the many federal laws that help promote equal housing opportunity for individuals with disabilities. NY Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. A landlord only wants English-speaking tenants. I came home one day and found him naked in my bed. Skip to Main Content Find a Lawyer Find A Lawyer By Practice Area By Location Spanish Speaking Lawyers Canadian Lawyers The person making the request generally must pay the cost of the modifications unless the housing is federally subsidized. It is illegal for housing providers to discriminate against you based on your familial status, including denying you housing or a mortgage. All rights reserved. That may include talking with witnesses, as well as using the court system to compel the production of evidence from the discriminatory party. HUD may gather their own evidence in addition to what you provide them with. The FHA, which applies to people and entities that are involved in the provision of housing (HOAs included), prohibits discriminating against anyone in housing because of that person's race, color, national origin, religion, gender, familial status, or disability. If the ALJ rules that a violation of the Fair Housing Act took place, he may order the person you filed against to compensate you for damages (expenses, emotional distress), pay your attorney fees, pay a civil penalty, or make housing available to you. The Fair Housing Act, which was originally adopted in 1968, prohibits discrimination in house sales, rentals, and financing on the basis of race, color, religion, sex, or national origin. A landlord requiring that an interracial couple utilize application criteria that is more burdensome than that required of other applicants; A bank refuses to provide loan information to a person based on their protected class; A real estate broker acting on behalf of a contractor publishes the availability of a newly built housing complex as being for white tenants only. Yes, the more you know about your legal rights and the law, the better.