4.13 1. Administrative Complaints

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

1.. Administrative Complaints

An aggrieved party⁶⁸ may file a complaint with HUD within one year after the alleged discriminatory housing practice occurs or ceases.⁶⁹ This administrative hearing process can protect disabled parties from long litigation, high court costs and attorneys’ fees.

After receiving a complaint, HUD must first attempt conciliation between the respondent and the complainant, which may provide for binding arbitration of the dispute.⁷⁰ Conciliation attempts take place during the 100-day period following filing. During this time, HUD is also charged with investigating the alleged discriminatory housing practice, the results of which must be made available to the parties.⁷¹ At the end of the period, the agency must determine whether reasonable cause exists to believe that discrimination has occurred. This time limit is subject to an often-invoked exception whereby the agency can state why making the determination in the time allocated is impracticable.⁷²

If reasonable cause is not found, the complaint is dismissed, with public disclosure of that action.⁷³ As discussed below, neither the filing of the administrative complaint nor the failure of HUD to find reasonable cause precludes the complainant from bringing a court action.

Upon a finding of reasonable cause, the agency must “immediately” initiate prosecution with the service of a charge upon the respondent, except in land use cases where the respondent is a governmental entity. In these cases, HUD must refer the matter to the U.S. Department of Justice (DOJ) for prosecution.⁷⁴ Along with the charge is served a notice of election. Either party may, within 20 days, choose to proceed by way of civil action.⁷⁵ In that event, the DOJ must commence the action in federal district court within 30 days.⁷⁶ The aggrieved party may intervene as of right and seek the same remedies available...