Preliminary Information Needed - Housing
Generally, you will be asked to provide evidence which
establishes a legal basis for filing a complaint. This is called a prima
facie case. Examples of the evidence necessary for the most frequent
housing cases follow.
CP = Charging
Party R = Respondent
Failure to Rent
Prima Facie case:
-
CP is a member of a protected class
-
CP applied for and met the minimum requirements for the unit
-
R, knowing CP is a member of a protected class, rejected or
passed over CP
-
Unit remained available or was rented to an individual
outside of CP's protected class
Eviction
Prima Facie case:
-
CP is a member of a protected class
-
CP met the minimum standards to occupy the unit
-
CP was evicted (or action for eviction was initiated)
-
Individuals outside of CP's protected class were not evicted
under the same or similar circumstances
Terms and Conditions (Failure to Make Repairs)
Prima Facie case:
-
CP is a member of a protected class
-
CP met the minimum standards to occupy the unit
-
R did not make the repairs
-
Individuals outside of CP's protected class received repairs
Disability (Failure to Provide Reasonable
Accommodation/Modification)
Prima Facie case:
- CP is disabled within the meaning of the Fair Housing Act
- R knew or should have known of CP's disability
- CP needed an accommodation/modification in order to benefit from the
housing
- R knew or should have known of CP's need for accommodation/modification
- R denied CP the accommodation/modification
Home Back
|