Here is a brief description of how the state and federal agencies handle fair housing
complaints. To keep it simple, we will assume here that you are filing a complaint against your
landlord.
Maine Human Rights Commission (MHRC)
You must file a complaint with the MHRC within 6 months
of the most recent illegal act. After you file your charge, the MHRC will send
a copy to the landlord, to get his response. Then you have a chance to
respond to his statement.
An MHRC investigator will look into the case. The investigator
may hold a "fact-finding conference." This is an informal fact-finding
meeting. Or the investigator may hold separate meetings with you and the
landlord or talk to you by phone.
You will have a chance to settle your problem during the
investigation. If you reach an agreement, both sides have to follow it.
If you do not agree, then the investigator will write a report. In the
report, the investigator says whether or not she thinks the landlord broke
the fair housing law.
The investigator sends the report to you and the landlord.
If you disagree with it, you may write a letter to the Commissioners.
The Commissioners will read the report, along with any letters from you
and the landlord. At a public meeting, the Commission votes on whether
to support the report.
The Commission usually votes on a housing case within three months of
when they receive it.
If the Commission finds “reasonable grounds” that you were treated illegally, they will
work with you and the other side, to try to resolve your case. This is called “conciliation” and
is a required step. If your case is not resolved, then a lawyer will take your case to court.
If the Commission finds “no reasonable grounds” then either the process ends, or you can
bring a lawsuit in court at your own expense. If you win, you may be able to recover attorneys
fees.
If you decide to file your complaint with the United States
Fair Housing office, you must do this within one year of the landlord's
most recent illegal act.
Generally, HUD will refer a case filed within 6 months to the Maine
Human Rights Commission (See above for how
they handle complaints.) If the last discriminatory act took place between
6 and 12 months, then HUD will keep your case. HUD will notify your landlord of your
complaint and ask
for his written response. Then HUD will investigate the case to determine
if "there is reasonable cause to believe" that your landlord
broke the law. HUD will try to reach an agreement with your landlord that
protects your rights.
If your case is not settled and HUD finds "reasonable
cause", your case will go to a formal administrative
hearing. A government lawyer will present your case for free. You may
also have your own lawyer. If the Administrative Law Judge finds in your
favor, your landlord can be ordered:
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To pay you damages.
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To do specific things to set things right.
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To pay a fine to the US government.
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To pay lawyer's fees and costs.
If either party would rather go to Federal Court, the court
will hear your case instead. A government lawyer would bring the case
on your behalf. The Court can order the same remedies, plus punitive damages-which
punish the landlord for his wrong acts.
You also have the right to go to federal court at your own
expense without going through these steps. You can ask the court to appoint
a free lawyer.
It is also illegal for anyone to harass you because of your
race, color, religion, national origin, ancestry, disability, sex, or
sexual orientation.
For help, contact your local police department or the:
