Understanding Retaliation: Federal Fair Housing Rights

Federal law prohibits retaliation based on when a tenant exercises a right under the Fair Housing Act.

Under the Fair Housing Act, landlords cannot retaliate against a tenant for doing any of the following:

• Encouraging or helping another person in exercising their Fair Housing Act rights
• Making a complaint, testifying, or participating in a proceeding under the Fair Housing Act
• Engaging in activities that help people know about their rights under the Fair Housing Act
• Reporting a discriminatory practice to a housing provider or other authority
• Requesting reasonable accommodations or reasonable modifications

Landlord actions that can count as retaliatory:

• Terminating a lease
• Refuse to renew a lease or tenancy
• Intimidating or coercing the tenant

The tenant has the burden of proof to show that the landlord's conduct was retaliation.

• The tenant must first show: (1) a protected action, (2) landlord's action was in response to the protected action.
• Then, the landlord can explain whether there was a legitimate, non-discriminatory reason. If the landlord can do so, then the burden is back on the tenant to show that the landlord's reason(s) is merely pretext or discredit the reasons.

It is best practice to keep a written record of all communications and happenings, because a tenant should have evidence of a "protected action" that was done before the landlord took action.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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Related Articles

• Understanding Tenant Rights: Prohibition Against Retaliation
• Understanding Tenant Rights: Beginner's Guide to Housing Discrimination in Chicago

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