Fair Housing Act Remedies

Section 2
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Fair Housing Act Remedies

People who have been harmed by housing discrimination may seek both monetary and non-monetary relief under the Fair Housing Act if they choose to file a complaint.

In both administrative proceedings and civil actions, actual damages can be awarded to compensate people for the harm they suffered as a result of the discrimination. That could include money for moving expenses; money for lost wages due to time spent on the case; money for lost housing opportunities as a result of the discrimination; and money for emotional distress, humiliation, or other pain and suffering. Attorneys’ fees can also be awarded in administrative proceedings and civil actions. If a case is brought in state or federal court, the court may award punitive damages under the Fair Housing Act. This remedy is not available in HUD administrative proceedings before an ALJ.

In some situations, a housing provider may also be required to provide certain non-monetary relief. Depending on the facts of the case, this could include hiring an independent manager so that a harasser has no contact with tenants, undergoing fair housing training, or implementing policies and procedures to prevent future harm and ensure compliance. A court may also grant a permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the housing provider from engaging in the discriminatory conduct or ordering appropriate affirmative actions.

In addition to these individual remedies, civil penalties may be awarded in hearings before HUD administrative law judges, and in pattern-or-practice cases filed in federal court by the DOJ. These penalties are paid to the federal government for the purpose of vindicating the public interest, in addition to any relief provided to people who were harmed by the housing discrimination.

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