• HUD Guidance

HUD Memorandum: Elements of Proof


Date Published: September 2018


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.

Resource Links

Foundational Resources: Emerging IssuesFair Housing Laws and RegulationsFHAP IntakeFHAP InvestigationGuidance/HandbooksHistoric Foundation
Legal Theories and Concepts: Elements of Proof
Protected Classes: Federal and Local: AgeColorDisabilityFamilial StatusNational Origin or AncestryRaceReligionSex, Sexual Orientation, and Gender IdentitySource of Income
Courses: Basics of Fair HousingFundamentals of Fair Housing – FHAP InvestigationFundamentals of Fair Housing – IntakeLitigating Fair Housing Cases

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