Can my local housing office work with the federal government on my discrimination claim?
Quick Summary
Yes, the federal government can work with your local agency through formal written agreements. The Secretary of Housing and Urban Development has the authority to cooperate with local agencies and reimburse them for their work on fair housing matters.
The situation
I live in Ohio and I am currently dealing with a really frustrating situation regarding my apartment search. About three weeks ago, in early October, I applied for a two-bedroom unit at a large complex in Columbus. After I submitted my application and my proof of income, the property manager told me they wouldn't rent to me because of my source of income, even though I have a steady paycheck from my job. I immediately contacted our local county fair housing agency to report this. They told me they would look into it, but they mentioned that they sometimes have to coordinate with federal officials to get everything handled properly. I have already filed a formal complaint with the local office, and they are currently reviewing my documents. I am confused about how much power these local people actually have. Can the federal government actually step in and pay or help my local agency handle my specific case, or do they have to work entirely separately? I want to know if there is a formal way for my local investigators to use federal resources or money to help process my claim through a written partnership.
Detailed Analysis
Under the Fair Housing Act, there is a formal way for your local county fair housing agency in Ohio to coordinate with the federal government regarding your claim. The Secretary of Housing and Urban Development (HUD) is permitted to work with state and local agencies that manage fair housing laws[1].
Specifically, the law allows for a structured partnership. The Secretary may "enter into written agreements with such State or local agencies"[1]. This means there is a formal, written way for your local investigators to use federal resources. Furthermore, the Secretary is allowed to "reimburse such agencies and their employees for services rendered to assist him in carrying out this subchapter"[1]. This means the federal government can indeed help pay for the work your local agency does to investigate your specific situation regarding the apartment complex in Columbus.
Additionally, if your local agency has been officially "certified" by the Secretary, the federal government follows specific rules for how they handle complaints. If a complaint is filed with a certified local agency, the Secretary "shall refer such complaint to that certified agency before taking any action with respect to such complaint"[2]. This ensures that your local office has the first opportunity to handle your case.
It is currently uncertain if your specific local agency has already entered into such a written agreement or if they have been formally certified by the Secretary to receive these referrals. The law does not state whether your specific agency is currently utilizing these federal partnerships for your active review.
Statutory Citations
Legal Citation: Fair Housing Act § 42 U.S.C. § 3616 — Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register
"The Secretary may cooperate with State and local agencies... and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered... In furtherance of such cooperative efforts, the Secretary may enter into written agreements with such State or local agencies."View Official Legislation →
Legal Citation: Fair Housing Act § 42 U.S.C. § 3610 — Administrative enforcement; preliminary matters
"Whenever a complaint alleges a discriminatory housing practice— (A) within the jurisdiction of a State or local public agency; and (B) as to which such agency has been certified by the Secretary... the Secretary shall refer such complaint to that certified agency before taking any action"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
Have a situation like this?
Ask the AI Lawyer app about your specific case.
Related Questions
- Can I get my lawyer paid for by the company if I win my discrimination case?
- Can I sue my employer for disability discrimination in Florida?
- How can I report a landlord for discrimination in Ohio?
- Can I sue my landlord in federal court even if I haven't finished the formal complaint process with the city?
- How long do I have to sue my landlord for discrimination?