Fair Housing Complaints:
Best Practices when Responding or Addressing a Fair Housing Complaint
By: Daria Harrington- North Carolina Licensed Attorney with Brownlee Whitlow & Praet, PLLC
You’re halfway through your morning coffee, catching up on emails, and ding!—a notice lands in your inbox. It’s a fair housing complaint. Suddenly, that quiet hum of a Tuesday morning starts to sound more like a courtroom drama in your head.
No housing provider wakes up hoping to find a housing discrimination complaint in their inbox. It’s not exactly how anyone wants to start their week. But when it does happen—and occasionally it does—it’s important to know how to respond effectively, calmly, and above all, compliantly.
Before you start to spiral, let’s take a deep breath and walk through what this means, why it matters, and how to handle it like a pro.
So, What Is a Fair Housing Complaint Anyway?
A fair housing complaint is a formal grievance filed by someone who believes they’ve been treated unfairly or discriminated against in the rental process or in their tenancy. The heart of the issue usually involves someone feeling they were denied a home, steered away from one, or treated differently because of their status in a protected class—like their race, color, religion, national origin, disability, sex (including gender identity), or family status.
If someone believes they’ve been treated unfairly in the rental process or in their tenancy due to their status in a protected class, they may file a formal complaint with the appropriate government agency. What you do next can shape the outcome significantly.
Who’s Involved in a Complaint?
In any fair housing complaint, there are often two sides:
The Complainant – The person who believes they were treated unfairly. This is the person filing the Complaint. This could be a resident or an applicant. A fair housing complaint can also extend to legal guardians and housing advocates filing on behalf of those who allege to have experienced housing discrimination.
The Respondent – This is the person or entity responding to the Complaint. Typically, this is the property owner, management company, housing provider, or employees of any of the above (hello, that might be you).
The Housing Investigator – You might also find an investigator from a government agency involved, such as the U.S. Department of Housing and Urban Development (HUD), North Carolina Human Relations Commission (NCHRC), or your local housing agency. They investigate the complaint by reviewing its substance and gathering further information before making a determination about whether the housing complaint has merit. They’ll ask questions, request documents, and may offer conciliation to resolve the issue before things escalate.
How Does a Complaint Arrive?
Fair housing complaints don’t show up with flashing lights and a marching band. More often, you’ll receive an official notice delivered by mail, email, or through a notification from a government agency. It outlines the nature of the complaint—who filed it, what occurred, and when. It may include specific allegations, such as refusing to rent, setting different terms, or making comments that were interpreted as discriminatory.
This is the moment when you resist the urge to panic-Google or immediately call your cousin’s friend who “once watched a legal drama.” Stay calm. The process is structured and manageable—with the right guidance. It might feel personal, but your first job is to take a step back and assess the facts.
Step-by-Step: Responding Like a Pro
- Read the Complaint Thoroughly
Before you react, read the complaint. Every word. Pay attention to the who, what, and when. Look for specific dates, comments, or actions being questioned. Understand the details of what is being claimed and note any deadlines. Understanding the full picture is your first step toward crafting a thoughtful response. - Gather Your Records
Think of this like gathering the ingredients before you cook. Collect rental applications and screening criteria, communication logs (emails, texts, letters), lease agreements and amendments, notes or logs of specific interactions, maintenance records—anything related to the person or situation mentioned in the complaint. Documentation is your best friend here. - Do Not Contact the Complainant
We know, you might want to “clear the air” or explain your side. Don’t. Reaching out directly can complicate things—and possibly make things worse. While it might be tempting to reach out to the person who filed the complaint to clear things up, that’s not a good idea. Let the investigation play out through the appropriate channels. - Craft a Thoughtful, Fact-Based Response
This is where the rubber meets the road. Your response should be professional, objective, and backed by facts. Avoid emotional language or defensive tones. Even if the complaint feels unfair, stay focused on what you did, the reasons supporting your policies, how you followed your policies, and why those policies were applied the same way to everyone. - Submit On Time
There’s usually a deadline to respond to the housing complaint — often within 10 to 30 days of receiving the complaint. Missing that deadline doesn’t just look bad; it could lead to a decision being entered based entirely on the information from the Complainant. Calendar it. Set reminders. If you are retaining counsel to assist be sure to get the complaint and your supporting information to your counsel as quickly as possible to allow them time to work on the response with you. In many instances, the investigator is willing to grant additional time to respond but that is not always the case.
- Read the Complaint Thoroughly
What Happens Next?
After you submit your response, the agency will review the complaint and your reply. They may reach out for more information or schedule interviews. This phase is called the investigation, and it can take several weeks to several months. The organizations delegated by HUD to investigate the complaints are tasked with concluding their investigation within 100 days of filing but in most instances this does not happen and a notice will be sent out to the parties explaining why the investigation will not be concluded within that timeframe.
Sometimes, the agency will encourage the parties to engage in Conciliation—a chance for both parties to sit down (virtually or in person) and try to resolve things before a determination is reached. The parties may, or may not, be able to resolve the issue through conciliation. However, the agency will make an effort to encourage the parties to attempt conciliation as many of the third-party investigatory bodies are incentivized to conciliate complaints.
Determination: Reasonable Cause or No Reasonable Cause
If the parties engage in conciliation efforts, and the matter has been resolved through this channel, the investigator will draft a conciliation agreement for the parties, which will reflect the terms agreed upon by the parties.
If the parties do not resolve the matter through conciliation, the housing investigator will proceed with drafting a determination letter. The housing investigator will make a determination based on:
Determination of Reasonable Cause: If the agency finds there is reasonable cause to believe discrimination occurred, a Charge of Discrimination is issued.
Determination of No Reasonable Cause: If the agency finds no reasonable cause to believe discrimination occurred, the Complaint is dismissed.
If the housing investigator makes a Determination of Reasonable Cause, and if conciliation is unsuccessful, the case may proceed to a hearing before a HUD Administrative Law Judge (ALJ) or be referred to the Department of Justice for a trial, depending on the parties’ election. Additionally, the Complainant may receive a right-to-sue letter to pursue the case in civil court.
If the housing investigator makes a Determination of No Reasonable Cause, the housing complaint will be closed or, in some cases, a request for reconsideration of the “no reasonable cause” determination may be submitted by the Complainant. Even where there is a finding of no reasonable cause, the Complainant will be provided with a right-to-sue letter advising them that they have the right to proceed against the Respondents in civil court, but the matter would need to be prosecuted/litigated by the Complainant as the Department of Justice will not litigate the matter.
Tips and Tricks: Staying Ahead of Complaints
Standardize Your Screening and Leasing Practices – Have written criteria for applications. Use the same process for everyone. No exceptions based on gut instinct or “this one seems nice.” Consistency isn’t just professional—it’s protective.
Train Your Staff – Make sure everyone on your team understands the federal, state, and local fair housing laws. Bias can be unintentional, but the impact is the same.
Use Written Policies – Create clear, consistent procedures for how you screen residents, handle maintenance requests, reasonable accommodation requests, and communicate. Then, actually follow your written policy.
Document Everything – If it’s not written down, it didn’t happen (at least not in the eyes of an investigator). Every call, email, or visit—keep a record. Notes don’t need to be novels, but they should be accurate, dated, and objective. When in doubt, write it down.
Review Your Policies Regularly – Laws change. So should your practices. What was compliant a few years ago might not be now. Regular policy reviews with legal counsel help you stay current and confident.
When in Doubt, Call Your Lawyer – You don’t have to navigate this alone. Your legal counsel can help you avoid pitfalls and craft a smart, strategic response.
Final Thoughts
Fair housing complaints can be stressful, but they’re also an opportunity to evaluate and improve your practices. The best defense is not just a good response—it’s prevention. By treating everyone fairly, documenting clearly, and responding professionally, you’ll not only protect your business—you’ll build a stronger, more inclusive community.
*The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information in this article is for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. Viewers of this material should contact their attorney to obtain advice with respect to any particular legal matter. No viewer of this material should act or refrain from acting on the basis of information in this presentation without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this article does not create an attorney-client relationship between the reader and Brownlee Whitlow & Praet, PLLC or any contributing law firms. All liability with respect to actions taken or not taken based on the contents of this article are hereby expressly disclaimed.