What Is the Office of Fair Housing and Equal Opportunity?
The FHEO investigates claims of discrimination in housing, with a particular focus on affordable housing communities backed by HUD-insured loans.
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What is the HUD FHEO?
The Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity, or FHEO, is responsible for eradicating discrimination in housing — both within affordable properties and all other multifamily assets. The organization, founded in 1968 as part of the Fair Housing Act, also investigates complaints of discrimination in the sale of homes.
While FHEO’s scope and remit may be broad, the office generally focuses much of its effort on affordable housing properties, particularly those taking advantage of Low-Income Housing Tax Credits or backed by HUD-insured loans.
FHEO Complaints
The FHEO responds to complaints from renters or prospective renters who believe they have been impacted by housing discrimination. This could be anything from a landlord denying a rental application due to an applicant’s race, disability, national origin, sexual orientation, gender, and any other protected characteristics as defined under the Fair Housing Act or any other relevant civil rights laws.
Beyond these areas, failing to provide meaningful access to people who do not speak proficient English is also a violation that the office may investigate.
It is crucial to note that virtually anyone can file a complaint with the FHEO. This means that if a former resident lodges a credible complaint, an investigation may occur. The same goes for current residents, of course, but also for prospective residents who may have never even lived at or visited a specific property.
There is a fairly long list of people or companies who can be the targets of such complaints, too. Multifamily owners and managers are responsible for their properties, of course, but developers and real estate agents also may have complaints lodged against them. Additionally, insurance providers, lenders, and even homeowners associations can all have complaints filed against them.
FHEO Ensures Compliance With Relevant Laws
The thought that any resident or prospect may levy a complaint against you may be off putting, especially given that, in 2020, the FHEO investigated more than 21,000 housing discrimination complaints. However, in practice it is unlikely you will fall afoul of the FHEO provided you ensure defensible application and property management processes are in place.
Conduct a regular operations audit at your property. Ensure that your policies and procedures are being followed, and that any on-site employees are fully aware of what is not permissible.
Finally, if you are concerned about a potential violation, consult the FHEO’s resource page to find out more information on virtually any aspect of the housing process and how to ensure your housing practices are inclusive.
Related Questions
What is the purpose of the Office of Fair Housing and Equal Opportunity (FHEO)?
The Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity, or FHEO, is responsible for eradicating discrimination in housing — both within affordable properties and all other multifamily assets. The organization, founded in 1968 as part of the Fair Housing Act, also investigates complaints of discrimination in the sale of homes.
The purpose of the FHEO is to ensure compliance with relevant laws and to investigate complaints of discrimination in the sale of homes. To ensure compliance, property owners should conduct regular operations audits and ensure that their policies and procedures are being followed. For more information, property owners can consult the FHEO’s resource page.
What are the main responsibilities of the FHEO?
The Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity, or FHEO, is responsible for eradicating discrimination in housing — both within affordable properties and all other multifamily assets. The organization, founded in 1968 as part of the Fair Housing Act, also investigates complaints of discrimination in the sale of homes.
The main responsibilities of the FHEO include ensuring compliance with relevant laws, conducting regular operations audits at properties, and consulting the FHEO’s resource page for more information on virtually any aspect of the housing process and how to ensure housing practices are inclusive. FHEO’s resource page provides more information on how to ensure housing practices are inclusive.
What are the different types of housing discrimination prohibited by the FHEO?
The FHEO prohibits any action based on sexual orientation, gender identity, or gender expression. This includes refusing to rent, refusing to negotiate rental rates, setting different terms or rental rates, providing different information about housing availability, and providing different levels of service. Additionally, it is against the law to take any action to interfere with, threaten, or intimidate any renter or prospective tenant filing a Fair Housing Act-related complaint. Source
The FHEO also responds to complaints from renters or prospective renters who believe they have been impacted by housing discrimination. This could be anything from a landlord denying a rental application due to an applicant’s race, disability, national origin, sexual orientation, gender, and any other protected characteristics as defined under the Fair Housing Act or any other relevant civil rights laws. Failing to provide meaningful access to people who do not speak proficient English is also a violation that the office may investigate. Source
How can I file a complaint with the FHEO?
You can file a complaint with the FHEO by visiting their online complaint page. Virtually anyone can file a complaint with the FHEO, including former and prospective residents, developers, real estate agents, insurance providers, lenders, and homeowners associations. Complaints may be lodged against any of these parties if they are believed to have violated the Fair Housing Act or any other relevant civil rights laws.
What are the penalties for violating the Fair Housing Act?
Violations of the Fair Housing Act can result in civil penalties of up to $16,000 for a first violation and up to $65,000 for subsequent violations. In addition, violators may be subject to criminal penalties of up to $250,000 and up to one year in prison. The U.S. Department of Justice may also bring a civil action to enforce the Fair Housing Act and may seek monetary damages and civil penalties. Source
What resources are available to help me understand my rights under the Fair Housing Act?
The U.S. Department of Housing and Urban Development (HUD) provides resources to help you understand your rights under the Fair Housing Act. The HUD website includes information about filing a complaint, understanding fair housing laws, and finding a HUD-approved housing counselor. Additionally, HUD's Office of Fair Housing and Equal Opportunity (FHEO) enforces the Fair Housing Act.
The U.S. Department of Justice also provides resources to help you understand your rights under the Fair Housing Act. The Department of Justice website includes information about filing a complaint, understanding fair housing laws, and finding a HUD-approved housing counselor.