HUD HCV Guidebook § 7.3

Once a person submits a complaint to FHEO, if the complaint is jurisdictional, FHEO will investigate the
allegations in the complaint. During the investigation, FHEO will offer the parties the opportunity to conciliate
or voluntarily resolve the matter. Conciliation and voluntary resolution are an opportunity for the parties to
voluntarily resolve the complaint through monetary compensation and/or injunctive relief to the complainant
and includes a public interest component to address any current or future discriminatory housing practices. If
the matter involves Title VI, Section 504, the ADA, or one of the other compliance authorities, HUD will seek
appropriate relief to remedy any noncompliance, including harm to aggrieved individuals, and obtain relief to
ensure the noncompliance does not reoccur.

If a Fair Housing Act or Violence Against Women Act complaint is not successfully resolved through
conciliation, FHEO will determine whether reasonable cause exists to believe that a discriminatory housing
practice has occurred. Where reasonable cause is found, HUD’s Office of General Counsel files a charge of
discrimination, and a hearing is scheduled before a HUD administrative law judge (ALJ). Either the
complainant or the respondent may elect to have the case litigated in Federal district court instead of before a
HUD ALJ. Whenever a party elects to go to Federal court, the Department of Justice takes over HUD’s role as
litigation counsel, and the matter proceeds as a civil action. A judge may award compensatory, injunctive and
equitable relief, as well as attorney fees whether in an administrative hearing or civil action. Additionally, an
ALJ may award civil penalties to vindicate the public interest. A Federal district court judge may award
punitive damages. Decisions in either forum, the ALJ proceeding or the civil action in Federal district court,
may be appealed to the U.S. Court of Appeals.

Similarly, if a complaint under one or more other civil rights authorities does not voluntarily resolve and FHEO's
investigation finds there has been noncompliance with civil rights requirements, FHEO will issue a letter of
findings. In cases involving disability discrimination under Section 504, the complainant or the PHA may
request review of the letter of findings, which will either be sustained or modified in a letter of determination.
If, following the issuance of a letter of findings or a letter of determination the matter still does not voluntarily
resolve, FHEO may refer the matter to the Department of Justice with a recommendation that a lawsuit be
filed in Federal district court or HUD may proceed to file a case before HUD’s ALJs to seek appropriate relief to
resolve the noncompliance.

Under the Fair Housing Act, some complaints filed with HUD may be referred for enforcement to a local, HUD-
certified fair housing agency for processing.154 Fair Housing Act administrative complaints could also begin at
a state or local fair housing agency or a local human rights commission and subsequently be referred to HUD
for enforcement.

Private actions involving authorities such as the Fair Housing Act, Title VI, Section 504, the ADA, and/or the
Age Discrimination Act can also be brought in local, state, or Federal court. Individuals are not required to first
file a complaint with the PHA, HUD, or any other administrative body.155

More information on the complaint process and potential enforcement actions is available on FHEO's website.

154 42 U.S.C. § 3610(f); 24 CFR part 115 (certification and funding of state and local fair housing enforcement agencies).
155 42 U.S.C. § 3613 (private actions brought directly in Federal court).

Fair Housing and Nondiscrimination Requirements                                                                           42
US Department of Housing and Urban Development                                                                    April 2025