What Happens Next?
If HUD finds "reasonable cause" to believe the Fair
Housing Act has been violated AND no conciliation agreement is reached:
- Your case will be heard in an Administrative
Hearing by an Administrative Law Judge (ALJ) within 120 days at no cost to
you.
- The ALJ makes a decision within 60 days after
the hearing.
OR either side may go to Federal District Court and
the Justice Department must begin a lawsuit on your behalf within 30 days, at
no cost to you.
- A decision of an ALJ can be reviewed in a
Federal Court of Appeals.
- A hearing or a lawsuit results in
a finding that your complaint is or is not valid.
If it is valid, it may result in:
an end to the discriminatory
practice,
access to the housing,
compensation for expenses,
lawyer's fees (if you used your own lawyer), and pain and suffering,
penalties between $10,000 - $50,000.  |
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Enforcement, Remedies and Damages
If the case is not conciliated and if a reasonable cause
determination is made, HUD will issue a formal charge on behalf of the
complainant. Once a formal charge has been issued, either party has 20 days to
choose to have the case brought in Federal District Court, where the
complainant will be represented by the Justice Department. If the case is not
removed to court, it will proceed through a prehearing discovery phase and then
be presented before an Administrative Law Judge (ALJ) appointed by HUD within
120 days after the charge is filed. The ALJ is required to make a decision
within 60 days after the hearing. The ALJ's decision is subject to review by
HUD and ultimately by the courts.
When making a determination of whether to remove the case to
Federal District Court or pursue the administrative remedy with HUD, a party
should be aware that the remedies are different.
Both forums provide for injunctive relief, such as ordering
the housing provider to allow for the modifications or to change rules and
policies, and actual damages, such as out-of-pocket expenses, attorney's fees
and emotional distress. The difference is the monetary award. The court may
award punitive damages in whatever amount is appropriate, whereas the ALJ can
only award civil penalties, which are paid to the government, to vindicate the
public interest. The amount of the civil penalties is limited by the law to
$10,000 for a first offense, $25,000 for a second offense committed within a
five-year period, and $50,000 if two or more offenses have been committed
within seven years of the charge. The ALJ is not authorized to award punitive
damages. |
