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Dedicated Advocates.

Filing a civil rights claim if the HOA violates fair housing laws

On Behalf of | Oct 10, 2024 | Civil Litigation

Homeowners’ associations in Texas must follow the Fair Housing Act and comply with its regulations regarding discrimination. HOAs can not make official decisions based on race, color, religion, sex, national origin, familial status or disability. 

If an HOA violates these protections, you can file a civil rights claim to seek justice.

Identifying fair housing violations

Discrimination by an HOA can take many forms. Common violations may include unequal enforcement of rules or refusal to make reasonable accommodations for disabled individuals. Potential residents may even face discriminatory practices in the approval process for purchasing or renting a home.

Filing a civil rights claim in Texas

In Texas, a person who believes an HOA has violated the Fair Housing Act can file a complaint with the Texas Workforce Commission or the U.S. Department of Housing and Urban Development. The TWC Civil Rights Division enforces state and federal fair housing laws. This provides a pathway for you to seek action against discriminatory practices.

The process begins by filing a written complaint with the TWC or HUD. There is typically a requirement to file within one year of the alleged violation. The agency will investigate the claim and determine if there is evidence of a violation. During the investigation, agents may ask the HOA to provide records or respond to the allegations.

If the investigation reveals a violation, the agency may seek remedies on your behalf. This could involve requiring the HOA to change its policies or pay compensation for any damages caused by the discriminatory actions.

Protecting your rights

Filing a civil rights claim can protect your housing rights and help ensure that the HOA follows the law. You can play a part in advocating for your rights by gathering evidence of discrimination. Document any instances of unfair treatment as well as witness statements and communication with the HOA. 

With thorough documentation, you can better support your civil rights claim. Follow the established process for reporting Fair Housing Act violations and provide evidence with your claim, as this can lead to better treatment for yourself and others.

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