Despite our best efforts in real estate, sometimes clients face discrimination in housing. Maybe a landlord rejected your client’s rental application with a suspicious excuse, or a seller made an offhand comment about not wanting certain buyers. As a real estate agent, do you know what to do if your client says, “I think this was discrimination”?

In this post, we’ll guide you on when and how to support a client in filing a Fair Housing complaint. It’s a delicate situation: you want to empower your client to seek justice, while also staying within your role and legal limits.

We’ll cover how to recognize fair housing violations, what the complaint process involves, and how you can help (ethically and empathetically) if your client decides to report the issue.

Is It a Fair Housing Issue? Recognizing When to Take Action

When should a client consider filing a Fair Housing complaint? The short answer: whenever they believe they were treated differently in a housing transaction because of a protected characteristic. The seven federally protected classes under the Fair Housing Act are race, color, religion, sex (which includes gender identity and sexual orientation by HUD interpretation), disability, familial status, and national origin. Some states add more (like marital status, age, source of income, etc.). If your client suspects that any of these factors was the real reason behind a negative outcome, it’s worth looking into.

Outright discriminatory statements

For example, a landlord saying, “We don’t rent to people with kids,” or a seller’s agent asking your client, “Are you sure you’d feel comfortable in this neighborhood? There aren’t many [people of your ethnicity] here.” These are blatant and illegal. (Yes, these things still happen in 2025!) If you hear something like this firsthand, it’s a huge sign that a Fair Housing violation is occurring.

Differing treatment with no other explanation

Perhaps your client (who belongs to a protected class) was denied a home or loan while similar applicants were approved. Or you notice the listing agent responded to other buyers’ offers but not your client’s, or a property manager told your client an apartment was “not available” but told someone else it was. If you suspect that bias is at play, trust your instincts and gather more info.

Real-world example: A Muslim woman wearing a hijab inquired about an apartment after seeing a “For Rent” sign. The leasing agent immediately said nothing was available and refused to put her on a waitlist. Sensing something was off, she filed a complaint. HUD investigated and found other employees who confirmed the agent lied because of the woman’s religion, a clear case of discrimination.

In cases like this – where something “innocent” (like claiming no vacancies) masks unequal treatment – a complaint is absolutely warranted.

Requests for extra hurdles or information only for certain buyers/renters

This is more subtle. Maybe a lender or agent required your client to show an extra form of ID, or a pre-approval letter, or higher income proof, when others weren’t asked for the same. For instance, the Newsday investigation revealed some agents showed fewer listings or required additional pre-qualification from minority buyers compared to white buyers​. If your client feels they were held to a different standard due to race or another protected trait, that could be discrimination.

Harassment or hostile environment

If during a transaction your client is harassed (e.g. a landlord sexually harassing a tenant – which counts as sex discrimination, or a neighbor trying to drive out a family because of their race), those are fair housing issues too. For example, sexual harassment by a housing provider is explicitly illegal under Fair Housing (treated as discrimination on the basis of sex). Threats, coercion, or intimidation related to someone’s protected class status also violate the law.

In short, any time a client feels they lost housing or were treated unfairly for discriminatory reasons, take it seriously. As an agent, you should be familiar with fair housing scenarios from your Real estate CE training, but real-life cases aren’t always black-and-white.

When in doubt, lean toward helping your client explore their options. The government agencies (HUD and others) will determine if discrimination occurred – your role is not to adjudicate, but to support your client in pursuing their rights.

How You Can Support Your Client (Dos and Don’ts for Agents)

If a client comes to you with a concern or allegation of discrimination, here’s how you can ethically and helpfully respond.

DO: Listen and document

Allow your client to explain what happened and why they feel it was discriminatory. Listen with empathy. Take notes on key details (who said what, when, any witnesses). These details will be important if a complaint is filed. Sometimes just talking it through helps clarify if it’s a misunderstanding or a likely violation. Never rush to dismiss their concern – even if you’re unsure, acknowledge how they feel. You might say: “I’m sorry you had that experience. Let’s figure out what we can do.”

DO: Educate them about their right to file a complaint

Many clients don’t know the process or even that they can report such things. Let them know that HUD (the U.S. Department of Housing and Urban Development) has an office specifically for investigating housing discrimination (the Office of Fair Housing and Equal Opportunity, or FHEO). It’s free to file a complaint and they can do so easily online or by phone​. Emphasize: “If you believe you were treated unfairly because of [protected characteristic], you have every right to file a fair housing complaint. HUD will investigate at no cost to you.” In fact, HUD actively encourages anyone who suspects discrimination to report it.

DO: Provide them with information on how to file

You don’t have to be an expert, but you can guide them through the options.

• Contact HUD FHEO: Explain that the easiest way is to submit a complaint to HUD. They can do it online in multiple languages, or via phone, mail, or email. For instance, “HUD has an online form where you can report housing discrimination in English or Spanish​. If you prefer, you can also call their discrimination hotline at 1-800-669-9777 and talk to a specialist​. They even accept mailed complaint forms if that’s easier​.” If your client isn’t fluent in English or has a disability, reassure them: HUD provides interpreters and accessible services for free​. Essentially, HUD makes it as easy as possible for people to file complaints in any language or format.
• Offer the HUD website or brochures: You might email them the link to HUD’s “Report Housing Discrimination” page, which outlines the process and contains the online form​. HUD’s site also lists what information they should include (dates, parties involved, etc.). If your brokerage has a Fair Housing info packet, give that to the client. Some agents even keep the HUD complaint form (HUD-903) on hand. You could say, “I can help you get started on the form if you want – it will ask for details like who, what, when. Let’s make sure we have all that info ready.”
• Local Agencies: Mention that many states or cities have their own fair housing agencies (Fair Housing Assistance Program agencies). For example, a state human rights commission or local fair housing center can also take complaints. They often work jointly with HUD. “We can also reach out to the state fair housing office. In many cases, if you file with the state, it’s dual-filed with HUD. The important thing is to get the complaint on record.” (Note: It’s usually not necessary to file twice; filing with HUD or the state is enough, as they coordinate. For instance, Tennessee’s state agency investigates state-level complaints, but if a complaint comes in after the state’s 180-day window, HUD will handle it ​thda.org. Just ensure the complaint is filed within one year of the incident, which is the federal deadline ​thda.org.)

DO: Help them understand what happens next.

The complaint process can be intimidating if unknown. Give a simple overview:

• “After you file, HUD will review the information and assign an investigator. They’ll likely call you (or whoever filed) to get more details​ hud.gov. HUD will also notify the person/party you’re complaining against and get their side of the story​hud.gov. This starts an investigation where HUD can gather documents, interview witnesses, even do site visits ​accessibility.com. Don’t worry, this is normal – they are just finding out the facts.”
• “HUD will also try to see if the issue can be resolved through conciliation – basically an informal agreement – at any point during the investigation ​accessibility.com. This means they might encourage a settlement: for example, the landlord might agree to rent to you and change their policies, or a lender might offer to reconsider a loan, etc. It’s voluntary – you don’t have to accept any deal if you’re not satisfied ​accessibility.com. If an agreement is reached, both parties sign a conciliation agreement and HUD closes the case with that resolution​ accessibility.com.”
• “If no agreement is reached and HUD finds evidence of discrimination, they will issue a finding of ‘reasonable cause’ and pursue enforcement​. Usually, HUD will bring the case to an administrative law judge, or you or the other party can choose to go to federal court. The government (HUD or the Department of Justice) will handle the case at no cost to you ​accessibility.com. You could be entitled to remedies like money damages, changes in the offender’s policies, or other relief​ accessibility.com.” It’s reassuring for clients to know that if their complaint has merit, HUD will fight on their behalf and they won’t have to pay for a lawyer ​accessibility.com.
• Also let them know if HUD finds no violation, they’ll dismiss the case (issue a “no reasonable cause” finding). The complainant can still potentially sue in court after that, but that’s something they’d discuss with an attorney. The main point is, filing a complaint doesn’t guarantee a particular outcome, but it ensures the incident is investigated by authorities.

DO: Offer to assist in a supporting role

While you can’t file for the client (unless you are also an aggrieved party), you can absolutely help them along the way:

• You can help them organize evidence. For example, if you were involved in the transaction, you might have emails, texts, MLS records, etc., that support their story (e.g. a message from the other agent that raised a red flag). Offer to share those with HUD if needed. Fair housing investigators often welcome agent cooperation and testimony. In our profession, we have an ethical duty to report discriminatory practices – by helping provide evidence, you are fulfilling that duty.
• You can write down your recollection of events while fresh. If your client’s case involves something you witnessed (say, you heard a landlord make a discriminatory comment to your client), jot down exactly what was said and when. This could serve as a witness statement.
• You can speak to the offending party if and only if it’s appropriate and won’t jeopardize anything. Sometimes a misunderstanding can be resolved quickly. For instance, if a listing agent seemed to discriminate, a call from you to that agent’s broker might lead to an apology and acceptance of the client’s offer without needing a formal complaint. But be cautious: If it’s a clear fair housing violation, it’s often best to let the official process play out rather than doing backdoor deals. Do not pressure the client to accept a private resolution if they want to file a complaint.
• Connect them with local fair housing organizations or attorneys. Nonprofit fair housing agencies (often funded by HUD) can help guide complainants, sometimes even conduct testing to bolster a case. For example, the National Fair Housing Alliance (NFHA) has partners all over who assist victims of housing discrimination. If your client is open to it, refer them to a local fair housing center or legal aid. They can receive counseling and sometimes legal representation at no cost. This is especially important if the client might eventually pursue a lawsuit – having a fair housing attorney is valuable.

DON’T: Dissuade or downplay

One of the worst things an agent can do is minimize a client’s discrimination experience because they fear “rocking the boat.” It might be tempting to say, “Are you sure? Maybe it’s not a big deal, let’s not jump to conclusions.” While it’s good to ensure the facts, never discourage a client from asserting their rights.

Also, do not worry about your commission or deal over the client’s rights. Yes, a complaint might complicate or even kill a pending deal – but a fair housing violation is far more serious. Ethically, your client’s protection comes first. Plus, retaliation is illegal: a seller or landlord cannot punish the client (or you) for filing a complaint.

And you, as an agent, absolutely must not retaliate or withdraw support. In fact, if an agent were to dissuade a client or retaliate, that agent could get into legal trouble too.

DON’T: Act as their legal counsel (unless you are one)

Support them, yes. But avoid giving legal advice beyond your knowledge. For example, don’t speculate on how much money they’ll get or whether their case is a “slam dunk.”

The better approach is: “I believe you have a valid concern and the authorities will be able to determine if it violates the law. Let’s make sure we report it correctly.” Similarly, don’t advise them to skip filing a complaint and just sue in court or vice versa – that’s for an attorney to guide. Your goal is to connect them to the process, not to be the lawyer.

DON’T: Overstep confidentiality or your agency role

If the situation involves another client or agent from your brokerage, be mindful of privacy. You can share information related to the discrimination, but still maintain professionalism.

For instance, if a seller told you not to bring certain buyers and you’re now supporting a buyer’s complaint, you should alert your broker and probably recuse yourself from that seller’s listing (because continuing to represent a seller who asked you to discriminate is untenable).

Always follow brokerage protocol for reporting fair housing issues internally, too.

The Fair Housing Complaint Process in a Nutshell (What Your Client Can Expect)

Let’s briefly walk through the stages your client will go through when they file a complaint – so you can set their expectations.

1️⃣ Filing/Intake

The client (now “complainant”) submits their complaint to HUD. An intake specialist reviews it and will contact them for an initial interview ​hud.gov. They’ll make sure the basic requirements are met (e.g., the incident described is potentially covered by the Fair Housing Act, and it occurred within the last year). If everything looks good, HUD formally files the complaint and notifies the accused party (the “respondent”) within 10 days ​hud.gov. The respondent must reply in writing, typically within 10 days of receiving notice​ hud.gov. If the issue also falls under a state/local law, HUD may refer it to a local agency, but HUD will take it back if the local agency doesn’t handle it promptly ​hud.gov.

2️⃣ Investigation

HUD assigns an investigator (or team) to gather facts ​accessibility.com. They will likely:

• Interview the complainant (your client) in depth – getting dates, what was said/done, who was present.
• Interview the respondent (the accused landlord/agent/seller) and any relevant witnesses (that could include you).
• Collect relevant documentation: emails, texts, applications, records. HUD can subpoena documents if needed ​accessibility.com.
• Possibly conduct on-site visits or “testing.” (Testing is when investigators send individuals to simulate a housing transaction to see if they’re treated differently. Your client might not see this directly, but it can provide powerful evidence if done.)
• Throughout this stage, HUD will keep communication open. As the agent, you might be contacted for a statement. Be truthful and transparent – remember, as Realtors we pledge to cooperate with investigations and not obstruct justice. The investigation phase aims to be thorough but usually moves within 100 days if possible, though complex cases can take longer.

3️⃣ Conciliation

At any point, HUD will encourage the parties to settle the matter if possible ​accessibility.com. A successful conciliation might result in the complainant getting the housing opportunity they were denied, monetary compensation, and/or policy changes by the offender – without going to court.

For example, a landlord might agree to rent the next available unit to the complainant and attend fair housing training, plus maybe pay a small sum for inconvenience. If a conciliation agreement is reached and signed, HUD will close the case as resolved, but will monitor that the agreement is honored​ accessibility.com.

Importantly, any conciliation must protect the public interest (HUD won’t allow a secret side deal that lets the offender off the hook broadly). If either side breaches the agreement, HUD can re-open the case or involve the Department of Justice to enforce it​hud.gov (retaliation for complaining is itself illegal, as noted).

4️⃣ Determination

If no conciliation and the investigation finds reasonable cause to believe discrimination happened, HUD issues a Determination of reasonable cause and a Charge of Discrimination​.

This is essentially HUD saying, “We think the law was broken.” At this point, the case goes to the next stage. If HUD finds no cause (not enough evidence), the case is dismissed – but the complainant is given the right to file their own lawsuit if they want (within 2 years of the incident, minus the investigation period).

5️⃣ Hearing or Civil Action

Once a Charge is issued, it triggers a hearing process. By default, it goes before a HUD Administrative Law Judge (ALJ). It’s like a court trial but typically faster and less formal. However, either the complainant or the respondent can choose to take the case to federal court instead. If that happens, the Department of Justice takes over and files a civil lawsuit on behalf of the complainant in U.S. District Court​ accessibility.com. (The complainant doesn’t pay for this; the government provides the lawyers.) In an ALJ hearing, HUD’s lawyers will prosecute the case. In either forum, your client may need to testify, and you might as well if you’re a witness. The outcome could be:

• Relief for the client: money for damages (including humiliation, pain and suffering), perhaps the lost housing opportunity remedied, and possibly civil penalties or fines against the offender.
• Orders for the offender: to stop the discriminatory practice, attend training, change policies, and sometimes pay a penalty to the government (especially if it’s a egregious or repeated offense).

Throughout this, reassure your client that retaliation is prohibited. The law explicitly forbids anyone from retaliating against a person for filing a complaint or even just raising a discrimination concern​. For example, a landlord can’t evict a tenant because they complained, an employer can’t fire someone for testifying in a fair housing case, and you certainly cannot drop a client for making a complaint. If retaliation does occur, that’s a separate violation that can be reported.

Handling the Aftermath and Maintaining Professionalism

Supporting a client through a fair housing complaint can be challenging. You might feel caught in the middle if other agents or parties you know are involved. Here are some final tips.

Keep your broker in the loop

Inform your managing broker or team leader as soon as a situation arises. They can offer guidance, and they need to know in case the brokerage is indirectly involved. Brokers also have a responsibility to uphold fair housing, and they would want to support you and your client appropriately.

Document your own actions

Protect yourself by keeping a log of how you responded (e.g., notes of when you gave the client HUD information, any advice you offered). This way if there’s ever a question, you can show you acted properly.

Learn from the experience

If a client of yours experiences discrimination, it’s unfortunately a real-world education in fair housing. Use it as a case study for yourself and your colleagues (without violating confidentiality). Ask, “Could anything have been done to prevent this?” Sometimes the answer is no – bad actors exist. But sometimes, for instance, if a seller was discriminating, maybe better client counseling or earlier red flags could have been spotted. This is fodder for discussion in Real Estate License Renewal Courses or fair housing workshops to help agents improve industry practices.

Stay supportive even after filing

Once the complaint is in motion, don’t abandon the client. Continue to assist with their housing needs as appropriate. If the deal in question fell through due to discrimination, you may need to help them find an alternative home while the complaint is pending. Show them that you’re invested in their outcome – both finding a home and seeking justice. This builds immense trust and loyalty.

Finally, keep in mind why this matters. Fair housing complaints aren’t about paperwork or finger-pointing – they’re about real people who were wronged gaining a measure of justice and ensuring equal access to housing for everyone.

By helping a client file a complaint, you are being more than a salesperson; you’re being an advocate for fairness and inclusion in housing. That’s something to be proud of.

Resources to Give Your Client

You can share these key resources with clients who may need to file a complaint:

• HUD’s Housing Discrimination Hotline: 1-800-669-9777 (plus 1-800-877-8339 for TTY). They can call and talk through the situation with a HUD specialist, who can help file the complaint​.
• HUD Online Complaint Form: The form is available on HUD’s website – it can be filled in English or Spanish (and other languages) and goes straight to HUD’s intake system​. (Just Google “HUD housing discrimination complaint” and it comes up.)
• HUD Complaint Mailing Address: If they prefer mail, HUD’s site provides addresses for regional FHEO offices​, and a downloadable form (HUD-903) in multiple languages ​findhelp.org.
• Local Fair Housing Agency: [Provide the contact info or website of your state/city fair housing agency if one exists.]
• Fair Housing Advocates: The National Fair Housing Alliance (NFHA) website can help find local nonprofit agencies that assist victims. These organizations handle 75% of fair housing complaints nationwide and are great at providing hands-on help ​nationalfairhousing.org.
• Documentation Checklist: Encourage them to keep a file with copies of emails, lease or purchase applications, letters, or business cards of people involved, and a written timeline of events. This will make it easier when talking to investigators.

By equipping clients with knowledge and resources, you empower them to stand up against discrimination. That’s a win for your client, a win for the community, and ultimately a win for our industry’s reputation.

Remember: As a real estate agent who likely takes Real Estate CE Courses on ethics and fair housing, you are uniquely positioned to recognize discrimination and guide clients through the proper channels. It’s part of our job to ensure everyone gets a fair shot at housing. So when a client needs your support in filing a fair housing complaint, you can confidently say, “I’ve got your back, and here’s how we’ll do it.”

To Learn More...

For real estate professionals, understanding these concepts can be particularly valuable during discussions with clients about why REALTORS® and real estate agents are knowledgable professionals.

If you’re preparing for your Real Estate Continuing Education or looking to enhance your knowledge through a Real Estate Course, topics like fair housing and confronting racial discrimination can help set you apart.

As part of your License Renewal Course or other Real Estate CE efforts, staying informed on foundational property concepts can make a big difference in your expertise and client relationships.