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What is a Dual-Filed Complaint [HUD] and Why It Matters
Definition & Meaning
A dual-filed complaint refers to a housing discrimination complaint that has been submitted to both the U.S. Department of Housing and Urban Development (HUD) and a state or local agency that has received interim certification or full certification from the Assistant Secretary for Equal Opportunity. This process allows individuals to seek redress for housing discrimination through multiple avenues, ensuring broader protection of their rights.
Table of content
Legal Use & context
Dual-filed complaints are used in the context of fair housing laws, which aim to prevent discrimination based on race, color, national origin, religion, sex, familial status, or disability. When a complaint is dual-filed, it can be investigated by both HUD and the local agency, which may expedite the resolution process. This is particularly relevant in civil rights law, where individuals can utilize legal forms to file complaints effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A tenant believes they were denied housing due to their race. They file a dual-filed complaint with HUD and their local fair housing agency to ensure both entities investigate the matter.
Example 2: A family is refused rental housing because they have children. They submit a dual-filed complaint to seek remedies from both HUD and their state agency responsible for housing discrimination enforcement. (hypothetical example)
Relevant laws & statutes
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) is the primary federal law governing housing discrimination. It prohibits discrimination in housing based on various protected classes. Additionally, state laws may provide further protections and processes for filing complaints.
State-by-state differences
State
Additional Protections
California
Additional protections based on sexual orientation and gender identity.
New York
Includes protections against discrimination based on source of income.
Texas
Limited additional protections compared to federal law.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you believe you have experienced housing discrimination, consider filing a dual-filed complaint. You can start by gathering evidence and completing the necessary forms. US Legal Forms offers templates that can assist you in this process. If your situation is complex, seeking help from a legal professional may be beneficial.
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