What should a landlord do when a fair housing complaint is filed?
Stay calm, do not contact the person who complained about it, keep every record, stop any scheduled document destruction, tell your insurer and call an attorney who handles fair housing cases. HUD must notify you of a complaint within 10 days of filing, and you generally have 10 days after getting that notice to file an answer, so the first week matters. The worst mistake is retaliation, which is its own violation.
How a complaint reaches you
A person who believes they were treated unlawfully can file with HUD, with a state or local fair housing agency, or sue in court. A HUD filing must come within one year of the last act (42 U.S.C. 3610), and a lawsuit within two years (42 U.S.C. 3613). The complaint may also come from a fair housing group that tested your leasing practices by sending applicants who look the same on paper but differ by a protected trait.
After a HUD filing, the agency must send you a notice that tells you what the complaint says and what your rights are. Under the statute, you may file an answer within 10 days of that notice, and HUD tries to finish its investigation within 100 days. Both numbers are in section 3610. The notice will list the dates that apply, so read it closely.
Your first week, step by step
- Read the notice and note every deadline on a calendar the same day.
- Call an attorney who handles fair housing for landlords. Do not write the answer yourself.
- Tell your insurance agent. Some landlord and umbrella policies cover defense costs, and many require prompt notice.
- Put a hold on destroying records for the people named in the complaint: the application, ads, texts, emails, voicemails, screening results, notes and photos.
- Write a private timeline of what happened, while it is fresh, and give it only to your attorney.
- Tell anyone who works for you, such as a manager or a helper, not to discuss it with the complainant and to keep their own messages.
- Keep running the property the same way for everyone else. Do not make sudden changes to policies in a way that looks like a reaction.
What not to do
- Do not retaliate. Section 3617 makes it unlawful to coerce, intimidate, threaten or interfere with someone because they filed a complaint or helped with one. That includes serving a surprise lease notice, raising rent, cutting services or ignoring repair requests.
- Do not delete texts, ads, emails or application files. Destroying records after a complaint can turn a defensible case into a bad one.
- Do not post about it online or talk to other tenants about the complainant.
- Do not offer money or a side deal without your attorney. Settlements have terms that matter.
If the person who complained is a current tenant, handle ordinary lease matters the way you always have, in writing, with your attorney's advice. A real lease violation is not retaliation, but the timing will be looked at.
What happens in the process
| Stage | What happens |
|---|---|
| Notice and answer | You get notice of the complaint and can answer in writing. |
| Investigation | HUD or the state agency asks for documents and interviews. HUD aims to finish within 100 days. |
| Conciliation | The agency tries to settle between the parties. An agreement can include money, policy changes and training. |
| Determination | If the agency finds reasonable cause, HUD issues a charge. Either side can elect to have the case heard in federal court instead of before an administrative law judge. |
| Outcome | Remedies can include damages, an order to change practices, civil penalties and attorney's fees. |
How to lower the odds of the next one
- Write your screening criteria down and use them for everyone.
- Review your listing words against fair housing rules.
- Answer accommodation requests in writing, promptly, and ask an attorney before refusing one.
- Train anyone who answers calls or shows units on a one-page policy.
DoorKeeping gives no legal advice. This post describes how the federal process works in general; your case turns on its facts and your state's laws.
Sources
- 42 U.S.C. 3610, Administrative enforcement; preliminary matters, read Oct 30, 2026
- 42 U.S.C. 3613, Enforcement by private persons, read Oct 30, 2026
- 42 U.S.C. 3617, Interference, coercion, or intimidation, read Oct 30, 2026
Questions
- How long does a landlord have to respond to a HUD fair housing complaint?
- The statute lets the respondent file an answer within 10 days of receiving HUD's notice. The notice itself lists the dates that apply to your case.
- Can I evict the tenant who filed the complaint?
- A real lease violation can still be handled, but ending a tenancy right after a complaint looks like retaliation. Talk to your attorney before any notice.
- Does homeowner's or landlord insurance cover fair housing claims?
- Some policies cover defense costs and some exclude discrimination. Tell your insurer promptly and ask what your policy covers.