NFHTA Litigating Fair Housing Cases Resources

Overview

The Litigating Fair Housing Cases course is designed for those who are involved in FHIP and FHAP litigation to understand and apply the methods and strategies for effective fair housing enforcement. These resources complement the curriculum delivered in the course.

Learn more about the Litigating Fair Housing Cases course.

Subtopics

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This collection is a part of the NFHTA Resource Library.

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General Background

Fair Housing Laws and Regulations

Fair Housing Act, as Amended (FHA, FHAA), Sections 801-820: (42 U.S.C. §§ 3601-3619)

The Fair Housing Act (FHA), as amended, sets forth the fair housing policy of the United States. It defines fair housing terminology; details discriminatory housing practices; sets forth the exemptions under the Act; sets out the administrative framework enforcement of the Act and procedures for investigations. The FHA is the basis for all activities to affirmatively further the provisions of the Act.

Date Published: August 2015

Fair Housing Policy Statements, Notices & Other Documents: HUD FHEO Website

This landing page is the repository of resources on fair housing policy statements, notices, and guidance documents. Users can search, by topic, for training, increasing knowledge, responding to complaints, and conducting investigations.

HUD’s Implementing Regulations – 24 C.F.R., Part 100 Discriminatory Conduct

This document includes regulations regarding discriminatory housing practices; discrimination in residential real estate-related transactions; discrimination based on disability; housing for older persons; interference, coercion, or intimidation; and quid pro quo/hostile environment harassment.

Date Published: April 2017

HUD’s Implementing Regulations – 24 C.F.R., Part 103 Complaint Processing

Part 103 details fair housing how someone who believes that they have discriminated against relative to housing because of race, color, religion, national origin, sex, disability, or familial status can report and file a claim. This resource provides additional guidance on complaint processing, referrals, investigative procedures, conciliation, issuances of charge, and prompts judicial action.

Date Published: April 2017

Technical Knowledge and Skills

Elements of Proof

HUD Memorandum, Elements of Proof

This memorandum provides guidance in identifying the proper elements of proof/prima facie case elements when investigating Fair Housing Act complaints and writing determinations of both reasonable cause and no reasonable cause. It presents two possible frameworks: (1) McDonnell Douglas burden-shifting approach starting with a prima facie case analysis, or (2) a direct evidence analysis.

Date Published: September 2018