How to Sue for Housing Discrimination

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1Gathering Evidence of Discrimination

2Filing a Lawsuit

3Preparing for Trial

4Going to Trial

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Federal, state, and local laws protect you from housing discrimination on the basis of many protected characteristics, such as disability or race. If you believe that you have been discriminated against, then you should preserve as much evidence as possible. You should also meet with a lawyer, who can help you understand your options.

Steps

Part 1

Part 1 of 4:

Gathering Evidence of Discrimination

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   Check which characteristics are protected. Federal, state, and local laws provide protection from discrimination based on certain characteristics. If a discriminatory decision was based on one of these characteristics, then you may have a valid discrimination lawsuit:

   • race or color
   • national origin
   • sex
   • religion
   • disability
   • familial status (such as having children under 18 or being pregnant)
   • sexual orientation (check with your state or local law)
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   Identify the discriminatory act. You should identify what action the defendant took that was discriminatory. In the housing context, a landlord typically discriminates in the following ways:

   • refuses to rent to you because of your protected characteristic
   • lies that housing is not available in a certain area but steers you to a different area
   • ends your tenancy for a discriminatory reason
   • includes limitations or preferences in advertisements
   • creates different terms for you as compared to other tenants who don’t share your protected characteristic
   • refuses to make reasonable accommodations for disabled tenants
   • creates unreasonable restrictions on how many people can live in the apartment
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   Find evidence of discrimination. Evidence is crucial to a successful lawsuit. You cannot win a lawsuit unless you have some proof that the defendant was motivated by a discriminatory intent. Of course, a landlord is unlikely to admit that he or she discriminated against you because of a protected characteristic. Accordingly, you will need evidence that suggests discrimination. Look for the following:

   • Letters. If the landlord made a biased comment in a letter, then preserve it. Also, some landlords might not be aware of anti-discrimination laws, so they might have come right out and said they don’t rent to someone with children or to someone who is disabled. These communications are powerful evidence of a discriminatory intent.
   • Emails. Any communication could contain biased language or other helpful evidence. Preserve all communications with the landlord.
   • Any advertisements for the apartment. A landlord might have stated “No Children” or something else that is illegal.
   • A copy of your rental application. The landlord might have asked an inappropriate question, such as “What is your religion?” or “What is your nationality?” These questions are some proof of a discriminatory intent.
   • Your lease agreement. Your landlord might have given you a different lease agreement than what he or she would give other tenants.
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   Write down your memories of conversations. The only evidence of face-to-face conversations will be your own notes. As soon as possible, you should sit down and write out the following:

   • the day and time of the conversation
   • the name of the person you met with
   • the phone number you called, if you had a conversation over the phone
   • what the person looked like
   • everything you and the other person said
   • the name and contact information for any witness to the conversation
   • your feelings at being discriminated against
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   Have a test done. In some states and cities, you can contact an organization to have a “test” done on the landlord. For example, you might think that a landlord discriminated against you because you are disabled. The agency will then send out two applicants to see about renting from the landlord. One will be disabled and the other will not be.

   • The testers will be given similar information as you—your income, credit history, etc. The purpose of the test is to see whether the landlord treats the two people differently. If the disabled person is treated differently, then there is some proof of discrimination.
   • Various organizations provide testing. Try to find a fair housing center or legal aid organization near you. Check in your phone book or on the Internet.
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   Meet with a lawyer. Housing discrimination lawsuits are complex, and you would benefit from a lawyer’s help. A lawyer can evaluate your case and handle the lawsuit if you decide to sue. To find a lawyer, you can visit your local or state bar association, which should run a referral program.

   • After you get a referral, you can schedule a consultation. Most lawyers provide a half-hour consultation for free or for a reduced fee. Even if you can’t afford to hire a lawyer to handle the entire case, you should still try to meet for a consultation.
   • At the consultation you should discuss the strength of your case. The lawyer might also have good ideas about how to gather more evidence.
   • If you haven’t had the landlord tested, then your lawyer might know who to contact to have a test done.
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   Discuss what you might win. You should understand the “remedies” available. A remedy is what a judge can order if you win the lawsuit. You should talk with the attorney about what specific remedies you can request.

   • In California, for example, a court can award actual and punitive damages. Actual damages compensate you for any economic or emotional harm. For example, you can get compensated for the amount of money you had to spend getting a different apartment. You can also get compensation for the emotional harm of being discriminated against. Punitive damages are meant to punish the defendant for discriminating. While California courts can award them, they are usually capped at a certain amount. You may also receive a reimbursement of attorneys' fees if you win. Apart from money damages, California also allows you to receive injunctions or restraining orders. These non-monetary awards prevent the defendant from continuing to discriminate against you.
   • In Florida, many of the same damages are available as in California. However, Florida caps the total amount you can recover in punitive damages at $100,000. In addition, they lay out the types of things you can recover for, which includes mental anguish, loss of dignity, and any other intangible injuries.
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Part 2

Part 2 of 4:

Filing a Lawsuit

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   Determine where to file your case. Lawsuits can be filed in various courts. Each type of court has certain requirements you must meet in order to have them hear your case. Before you file, you will need to know what courts can hear your case and which courts offer the best chance of success. Your determination will be based on where you and the defendant reside, where the discrimination took place, how much money is at issue, and what law you are suing under. In addition, if you can get jurisdiction in multiple courts, you will want to look into systems with favorable judges, court rules, and schedules.

   • Most state courts have general jurisdiction, which means they can take various types of cases without issue. Within the state system, you will need to choose whether you want to be in small claims court or the general civil court. Small claims courts are usually reserved for smaller disputes where little money is at issue. If you are suing under state law in a state where you or the other party resides, and if you are asking for more than around $10,000, you may want to consider filing in state civil court.
   • If you can show that you are suing under a federal law, or if you and the other party are from different states and the amount in controversy equals or exceeds $75,000, you can usually file in federal court. Federal court can be advantageous because they are very familiar applying federal laws. In addition, depending on where you live, some federal district courts are very sympathetic to discrimination cases.
2. 
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   Get a complaint form. You start a lawsuit by filing a “complaint” in court. In the complaint, you identify the defendant and explain the facts of the lawsuit. You also make your request for what remedy you want the judge to give you.

   • If you have a lawyer, he or she can handle the entire lawsuit, including drafting the complaint.
   • If you are representing yourself, then you should stop by the court and ask if they have a “fill in the blank” complaint form you can use. Many courts now do.
   • Don’t delay. If you choose to sue the landlord, then you must do so within two years of the discriminatory act. This time period is called the “statute of limitations.” If you wait too long, then the case can be thrown out of court.
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   Complete the form. Enter the information into the form so that it is legible. Use a typewriter or print neatly with black ink. Each court’s form is slightly different, but most should ask for the following information:

   • your name and address
   • the defendant’s name and address
   • what you are asking the court to do (your remedy)
   • specific details about what the defendant did and how it harmed you
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   File the form. After you have completed the complaint form, you should make several copies. You should then take the copies and the original to the court clerk and ask to file. The clerk will stamp your copies with the date.

   • Keep one copy for your records. You will send the defendant another copy.
   • You will probably have to pay a filing fee, which will vary by court. If you can’t afford it, then ask the clerk for a fee waiver form.
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   Serve notice on the defendant. You must give the landlord notice of your lawsuit. You can provide notice by serving a copy of the complaint along with a summons. You can get the summons from the court clerk. Generally, there are a few different ways to serve a defendant:

   • Have someone 18 or older hand-deliver it to the defendant. You can’t deliver it yourself, and the person who makes service cannot be a party to the lawsuit. Instead, you could ask a friend or colleague to make service.
   • Pay a process server or the sheriff. You can find a process server in your phone book or on the Internet. Like the sheriff, process servers charge a fee to make service (around $50).
   • Mail the notice certified mail, return receipt requested.
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   File your proof of service. Whoever serves notice will have to fill out a proof of service form. You can get this from the court clerk.

   • After filling out the form, the server will send it to you. You must then file it with the court.
   • Keep a copy for your records as well.
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Part 3

Part 3 of 4:

Preparing for Trial

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   Analyze the answer. The first time you will hear from the defendant is in their answer. This is a pleading they are required to submit within a certain time period after they receive your complaint (usually 30 days). Their answer will admit or deny the claims in your complaint, as well as defenses to your claims and any counterclaims they may have. If they file counterclaims, you will be required to answer those claims by admitting or denying them.

   • Be sure you read the defendant's answer so you can determine your course of action.
2. 
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   Conduct discovery. Discovery takes place after the defendant's answer is filed. At this point, you and the other party will have an opportunity to collect and exchange information relevant to your case. During discovery, you will be able to interview witnesses, gather facts, get an idea of what the other side is going to say, and gauge the strength of everyone's case. In order to fulfill your discovery requests, you will be able to use the following tools:

   • Informal tools, which include interviewing witnesses, gathering publicly accessible documents, and taking photographs.
   • Interrogatories, which are written questions that must be answered by a party or witness. These answers are given under oath and can be used in court.
   • Deposition, which are in-person interviews with parties or witnesses. These interviews are conducted under oath and the answers given an be used in court.
   • Requests for documents, which are formal requests for information that is not publicly available (e.g., emails, text messages, or internal memos).
   • Subpoenas, which are court orders requiring someone to turn over documents or speak with you.
3. 
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   Defend against a motion for summary judgment. As soon as discovery concludes, most defendants will file a motion for summary judgment, which asks the court to rule in their favor before a trial ever happens. To succeed, the defendant must show there is no genuine issue of material fact and that they are entitled to judgment as a matter of law.

   • To defend against this, you will need to provide affidavits and evidence showing the court that disputes exist as to the facts of the case. The judge will look at your evidence and make every assumption in your favor. If you are successful, the case will continue.
4. 
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   Attend pre-trial hearings. Various hearings will take place from the time you file your lawsuit until you go to trial. These hearings are important to attend and prepare for. Two of the most important hearings are scheduling hearings and stipulation hearings.

   • During a scheduling hearing, you and the other party will meet with the judge to work out a litigation schedule. This will include how much time you will have for discovery and when the trial will take place.
   • During a stipulation hearing, both parties will meet with the judge and agree on facts of the case and laws that are not in dispute. This will help the judge determine how long the trial will take and what exactly will be disputed.
5. 
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   Attempt to settle your dispute. As a last ditch effort before going to trial, you should attempt to settle your dispute with the other party. If you can settle, you will save yourself the time and money it takes to endure a trial. When you try to settle, you can use both informal (e.g., meetings) and formal (e.g., mediation or arbitration) methods.

   • During informal meetings, you and the the other party will sit down and try to resolve your differences. Both sides will want certain things, and your job is to find common ground.
   • If informal meetings do not work, you may try mediation. During mediation, a neutral third-party will meet with you and the other party to try and find a solution. They will listen to both parties and will try to lay out areas where you might agree. The third-party will try to encourage agreements where they think they can be made.
   • If mediation does not work and you choose to go to arbitration, a neutral third-party will act as a judge to help you settle your case. Each party will submit their case to the third-party to review. The third party will analyze the evidence and provide a written opinion about who has the stronger case and what a settlement might look like.
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Part 4

Part 4 of 4:

Going to Trial

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   Arrive on time. You can’t be late for your court date. If you are, then the judge could dismiss the lawsuit. Make sure to give yourself plenty of time to find parking and go through any courthouse security.

   • Before entering court, throw away all food and beverages.
   • Also turn off your cell phones and any other electronic devices. You don’t want them beeping when you are standing before the judge.
2. 
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   Make an opening statement. The trial begins with each side making an opening statement. If you have a lawyer, he or she will handle the whole trial. You can offer advice or suggestions, but you should trust your lawyer’s judgment about how to present your case.

   • If you are representing yourself, then you will need to make the opening statement. You should try to keep it brief—under 15 minutes is ideal. The purpose is simply to give a “sneak peek” at what your evidence will be.
   • Be sure not to argue. Instead, begin sentences with the phrase “as the evidence will show.” For example, “As the evidence will show, the defendant said that no apartments were available when the plaintiff visited on February 1, 2016. However, as the evidence will also show, there were two apartments available at that time.”
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   Testify on your own behalf. As the person bringing the lawsuit, you present evidence first. You might not have any witnesses. However, you certainly will testify about what the landlord said to you. To be an effective witness, remember the following:

   • Sit up straight and listen to the attorney asking the question. Listen closely, because you only want to answer the question asked.
   • If you don’t understand a question, then ask for clarification. Don’t answer until you fully understand the question.
   • Never guess. When you don’t know the answer, say, “I don’t know” or “I can’t remember.”
   • Don’t get testy or sarcastic with the attorney asking you questions. The landlord’s lawyer might try to get you angry, but you need to remain calm.
   • Always tell the truth. It is your best weapon.
4. 
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   Listen to the landlord’s evidence. The landlord is able to present evidence after you. The landlord will probably testify. Your lawyer can then cross-examine any defense witness.

   • There are a couple of purposes to cross-examination. First, the defense witness might have evidence that is helpful to your case. Your lawyer will then draw this evidence out of the witness.
   • Second, you might want to undermine the witness’s credibility. Your lawyer can undermine the witness by showing that the witness is biased. For example, if the witness co-owns the property with the landlord, then he or she has a financial interest in winning the discrimination lawsuit.
   • Your lawyer can also point to contradictory statements the witness has made. If a witness cannot tell a consistent story, then he or she looks less believable.
   • See Question Witnesses when Representing Yourself if you are representing yourself and need to handle cross-examination.
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   Make a closing argument. After both you and the landlord have presented evidence, you will then get a chance to make a closing argument. At this point, you need to tie all of the evidence together to show why you should win your housing discrimination case.

   • Your lawyer should point to specific pieces of evidence which prove discrimination. The landlord will try to argue that whatever negative action the landlord took—ending your tenancy, not renting you an apartment, etc.—was made innocently and without bias. Your lawyer needs to point to the evidence that disproves that.
   • For example, your lawyer might argue, “As you will recall, two testers went out to the defendant’s apartment building on March 1, 2016. And they had the same credit history as the plaintiff. They had the same income information, similar jobs. The only difference was disability. One of the testers wasn’t disabled and the other was in a wheelchair. And as you will recall, the defendant refused to rent to the person who was disabled. That’s clear proof of a discriminatory intent.”
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   Receive the verdict. After all evidence has been submitted, the judge should deliver an oral ruling from the bench. If your case was complicated, then the judge might take some time to think about it. He or she would then deliver a ruling at a later date.
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   Appeal, if necessary. If you lose at trial, then you might want to think about bringing an appeal. You start the appeal process by filing a Notice of Appeal with the court clerk. You shouldn’t delay. Generally, you only get 10-30 days from the date of final judgment to file an appeal.
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Tips

• You have the option of filing a complaint with a federal or state housing authority before filing a lawsuit (although you are not required to). You can find your nearest Department of Housing and Urban Development office by calling 1-800-669-9777.
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• You might be able to get a jury depending on what you are suing for. For example, if you are only suing for monetary compensation, then you can usually get a jury. However, you should not represent yourself if you want a jury. Jury trials are typically too complicated for you to handle on your own.
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• The landlord might approach you about settling the dispute outside of court. You should talk with your lawyer about whether or not you might benefit from engaging in settlement discussions.
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