Toolkit · Real Estate

The Fair Housing Complaint Toolkit

42 U.S.C. § 3617

Type
Toolkit
Jurisdiction
National
Date
2026-06-25
Topic
Real Estate

This toolkit contains the forms and letters that turn a fair housing problem into a case. It opens with an incident log and a listing-evidence sheet designed to be filled in within an hour of the event, then supplies a comparator worksheet, a tester report form, and a retaliation timeline. Six model letters follow: the request for written terms and selection criteria, the reasonable accommodation request, the reasonable modification request, the third-party verification letter a provider may ask for and no more, the follow-up after silence, and a pre-complaint demand letter. A complaint-narrative builder organizes the facts into the structure an agency intake needs. A damages worksheet captures out-of-pocket loss, distress, and mitigation. Provider modules supply a written tenant selection criteria template, an accommodation response protocol, and an occupancy policy analysis. An authority card links every statute, regulation, and decision to its text.

The Fair Housing Complaint Toolkit

Real Estate > Fair Housing | Published 25 June 2026 - Updated 8 August 2026 | UpLaw - uplaw.us

Tool 1 and Tool 2 are time-sensitive. Fill them in today. Everything else on this page will still work next week.

Pair with Fair Housing: A Comprehensive Guide to Protected Classes, Accommodations, Modifications, and Enforcement and Documenting and Pursuing a Fair Housing Complaint: A Practical Checklist.

Tool 1 — The incident log

One row per contact. Fill it in the same day, every time.

Field Entry
Date
Time
Where (in person / phone / text / email / portal)
Who spoke — name and title
Exact words, in quotation marks
What I said
What I was told about availability
Terms quoted — rent, deposit, fees
Documents required of me
Who else was present — name, phone
Next step I was told
What actually happened
Evidence saved (file names)

⭐ Quote. Do not summarize. "He said the building 'isn't really set up for kids'" is evidence. "He implied children weren't welcome" is not.

Tool 2 — The listing evidence sheet

Capture Date Time File
Listing, at first inquiry
Listing, day of the refusal
Listing, one week later
Listing, two weeks later
Any change in price, photos, or wording
The advertisement text, saved verbatim

☐ Capture the URL in the screenshot. ☐ Export the page to PDF where possible, not only an image. ☐ ⚠ Do this before any accusation. Listings are edited within hours.

Tool 3 — The comparator worksheet

Discrimination is proved by comparison.

Me Comparator A Comparator B
Protected characteristic at issue
Date of inquiry
Told the unit was available?
Offered a showing?
Application fee quoted
Deposit quoted
Rent quoted
Documents required
Income standard applied
Credit standard applied
Criminal record standard applied
Outcome
Reason given

⭐ Ask neighbors. In a small building they know exactly who gets notices, who is charged fees, and how the rules are enforced.

Tool 4 — The tester report form

Complete immediately after the contact, before speaking to anyone else.

Tester: [name] · Test number: [ ] · Date: [ ] · Time in / out: [ ] Property: [address] · Agent seen: [name, title, description]

Profile presented: household size [ ] · stated income [ ] · move-in date [ ] · stated needs [ ]

1. What was I told about availability? (verbatim) 2. Which units was I shown or offered? 3. What terms were quoted? rent · deposit · fees · lease length 4. What documents were required? 5. What screening standards were described? 6. What was said about the neighborhood, the building, or other residents? (verbatim) 7. Was I encouraged or discouraged? How? (verbatim) 8. Follow-up offered? 9. Anything else said that referenced children, disability, religion, national origin, race, or sex? (verbatim) 10. Documents received: [list]

Signed: ______________ Date: ______

☐ ⭐ Testers have standing to sue — Havens Realty Corp. v. Coleman. So do organizations that divert resources to counteract a practice.

☐ Matched profiles, contacts hours apart, alternating order across tests. ⭐ One divergence is an anecdote; three is a practice.

Tool 5 — The retaliation timeline

Date Event Category Evidence
Protected activity — complaint, accommodation request, testimony, assistance PA
First adverse action AA
Second adverse action AA
Non-renewal or notice to quit AA
Selective enforcement begins AA
Repairs stop AA

☐ Authority: 42 U.S.C. § 3617. ☐ ⭐ The calendar is the proof. A request on the 3rd, a violation notice on the 9th, and a non-renewal on the 20th requires an explanation the provider usually cannot give.

Tool 6 — Request for written terms and selection criteria

[Date] · [Property / management company] · Re: [unit or address]

I am interested in [unit]. So that I can apply correctly, please send me in writing:

  1. Current availability and the expected date of availability.
  2. The rent, security deposit, and all fees, including any application fee.
  3. Your written tenant selection criteria — the income standard and what income sources you count, the credit standard, the rental history standard, and your criminal record policy.
  4. Your occupancy policy.
  5. The application process and the order in which applications are considered.

Thank you. Please reply by email so I have a record.

[Name · telephone · email]

⭐ This letter is the single most useful thing an applicant can send. It fixes the terms in writing before anything goes wrong, and a refusal to provide ordinary terms is itself informative.

Tool 7 — The reasonable accommodation request

[Date] · [Landlord / manager / housing authority] · Re: [unit / application]

Request for reasonable accommodation

I [or a member of my household] have a disability.

The barrier. The following rule or practice limits my equal opportunity to use and enjoy this housing: [describe the rule — not the diagnosis].

The request. I request the following change: [be specific].

Verification is attached from [physician / therapist / social worker / case manager] confirming that I have a disability and that the requested change is connected to it.

I make this request under 42 U.S.C. § 3604 and 24 CFR Part 100[, and under 29 U.S.C. § 794 and 42 U.S.C. § 12132 as applicable].

Please respond in writing by [date]. If you need additional information, please tell me specifically what you need. If you deny this request, please state your reasons in writing and identify any alternative you propose.

☐ ⛔ Do not attach medical records, a diagnosis, or a treatment history. They may not be demanded.

Tool 8 — The reasonable modification request

[Date] · Re: [unit]

Request for reasonable modification

I request permission to make the following physical change to the premises, which is necessary for full enjoyment of the housing because of a disability: [grab bars in the bathroom · a ramp at the entrance · a widened doorway · a roll-in shower · lever door handles · a visual doorbell and smoke alarm · lowered closet rods · a designated accessible parking space with a curb cut].

I will arrange for the work to be performed in a workmanlike manner and will obtain any required permits. I will provide a description of the proposed work and the contractor's information on request.

[If applicable:] This is federally assisted housing, and I request that the cost be borne by the provider under 24 CFR Part 8.

[If applicable:] I understand a reasonable restoration obligation may apply to the interior at the end of the tenancy, and I am prepared to discuss it.

Please respond in writing by [date].

Tool 9 — The verification letter (for the treating professional)

Give this to your provider. It is all that may be required — and all that should be given.

[Date] · On letterhead

To whom it may concern:

I am a [physician / psychologist / therapist / licensed clinical social worker / case manager] and I have [treated / worked with] [name] since [date].

[Name] has a disability — a physical or mental impairment that substantially limits one or more major life activities.

The following accommodation is necessary to afford [name] an equal opportunity to use and enjoy their dwelling: [state the specific requested change].

The requested change is related to [name]'s disability and would [reduce the effects of the impairment / permit equal use of the housing].

Please contact me if further information within the scope of this letter is needed.

[Signature · name · title · license number if applicable]

☐ ⭐ Nothing beyond this may be required. ⛔ Not the diagnosis. Not the records. Not the prognosis.

Tool 10 — The follow-up after silence

Silence is the most common form of refusal, and this letter converts it into a documented one.

[Date] · Re: My request dated [date]

On [date] I submitted a written request for [a reasonable accommodation / a reasonable modification], with verification attached. I have received no response.

A housing provider is required to engage with such a request. A failure to respond operates as a denial.

I renew my request. Please respond in writing within [7/10] days by granting the request, requesting specific additional information, or stating your reasons for denial and any alternative you propose.

If I do not hear from you, I will treat the request as denied and will pursue the remedies available under 42 U.S.C. § 3604 and applicable state and local law.

Tool 11 — The pre-complaint demand letter

Use where a resolution is genuinely possible, and only after the evidence is preserved.

[Date] · [Owner / management company] · Re: Fair housing concerns at [property]

1. What happened. On [date] at [time], [name/title] told me: "[verbatim]." [Two or three sentences of dated fact.]

2. Why it is a concern. These facts implicate 42 U.S.C. § 3604[, 42 U.S.C. § 3605][, 42 U.S.C. § 3617] and applicable state and local law.

3. What I am asking for. [Rent me the unit at the advertised terms · grant the accommodation · withdraw the notice · reimburse $___ in application and moving costs · revise the policy · confirm in writing that no adverse action will follow].

4. Response requested by [date]. If I do not receive a response, I will file a complaint under 42 U.S.C. § 3610 and consider an action under 42 U.S.C. § 3613, which provides for damages, injunctive relief, and attorney's fees.

5. Preservation. Please preserve all listings, applications, tenant files, internal policies, and communications relating to this property from [date] forward.

☐ ⚠ Send it only after Tools 1, 2, and 3 are complete. A demand letter is the moment the other side starts preserving — or editing.

Tool 12 — The complaint narrative builder

Agencies need the same six things. Draft them in this order.

1. Who I am and my protected characteristic.

"I am [name]. I [am / have a household member who is] [protected characteristic]."

2. Who the respondent is.

"[Owner], [management company], and [agent], at [property address]."

3. What housing was at issue.

"A [size] unit at [address], advertised at $[rent] on [date] at [source]."

4. What happened, in dated order.

Three to eight sentences. Dates, times, names, and quoted words. No characterization.

5. How I know it was different for others.

"[Comparator] applied on [date] and was [treated differently]." / "The listing remained active until [date]." / "Testers on [date] were told [X] and [Y]."

6. What I want.

The unit · the accommodation · withdrawal of the notice · out-of-pocket losses of $[amount] · a policy change · training.

☐ Attach: the incident log, listing screenshots, texts and emails, witness statements, the written request and any response, receipts.

☐ File within one year — 42 U.S.C. § 3610. ☐ Check state and local agencies too; their deadlines are frequently shorter.

Tool 13 — The damages worksheet

Item Amount Proof
Application fees Receipts
Credit check fees Receipts
Moving costs Invoices
Storage Invoices
Temporary housing Receipts
Rent differential (per month × months) Leases
Increased commuting cost Mileage, transit
Cost of a modification wrongly refused Quotes, invoices
Lost deposit Records
Emotional distress Dated journal, witnesses, any treatment
Total out of pocket

Mitigation record — keep it:

Date Property Outcome

☐ ⭐ Emotional distress is usually the largest element. Keep a short dated journal and identify people who saw the effect on you.

☐ Fee shifting under 42 U.S.C. § 3613 is why counsel will take a case with modest economic damages.

Tool 14 — Provider module: written tenant selection criteria

Adopt this before advertising. Apply it identically to every applicant.

Tenant Selection Criteria — [Property] — Effective [date]

1. Income. Verifiable household income of at least [X] times the portion of rent payable by the applicant. Income includes wages, self-employment, benefits, retirement income, child support, and housing subsidies and other government assistance.

2. Credit. [Standard]. An applicant may submit a written explanation of any adverse item, which will be considered.

3. Rental history. [Standard], with an opportunity to explain.

4. Criminal record. No blanket exclusion. Individualized assessment of the nature and seriousness of the offense, the time elapsed, and evidence of rehabilitation. [Only the narrow categories required by law are automatic exclusions.]

5. Occupancy. [Standard], consistent with the applicable local code, with exceptions considered on request.

6. Order. Applications are date- and time-stamped on receipt and considered in order.

7. Accommodations. Any applicant or resident may request a reasonable accommodation or modification at any time. Requests are handled by [title] and answered in writing within [X] business days.

8. Nondiscrimination. We comply with 42 U.S.C. § 3604 and all applicable state and local law.

Tool 15 — Provider module: the accommodation response protocol

☐ One trained person receives every request. Log the date received. ☐ Treat any disability-related ask as a request, however worded. ⭐ Nobody is required to say "accommodation." ☐ Respond in writing within [5–10] business days — grant, request verification, or propose an alternative. ☐ Ask only two things if verification is needed: does the person have a disability, and is the change connected to it. ⛔ Never a diagnosis or records. ☐ If denying, state reasons in writing and identify an alternative. "Not our policy" is not a reason. ☐ Undue burden and fundamental alteration are the only defenses, they are narrow, and they are yours to prove. ☐ Document the interactive process. ☐ ⛔ Never take any adverse action after a request without counsel — 42 U.S.C. § 3617.

Tool 16 — Provider module: occupancy policy analysis

Question Answer Risk
What does the local code permit for this unit?
Is our policy stricter? High if yes
Is it keyed to bedrooms or to square footage?
Does it count infants? High if yes
When was it adopted? High if after an application
Has it been enforced against households without children? High if never
Is there an exception process? High if none
Do we claim housing-for-older-persons status? Do we meet the conditions of 42 U.S.C. § 3607? Very high if claimed but unmet

☐ ⭐ A definitional rule is not an occupancy limit — City of Edmonds v. Oxford House.

Tool 17 — The authority card

Question Authority
Policy of the Act 42 U.S.C. § 3601
Definitions — dwelling, familial status 42 U.S.C. § 3602
Exemptions 42 U.S.C. § 3603
The core prohibitions 42 U.S.C. § 3604
Lending, appraisal, insurance 42 U.S.C. § 3605
Brokerage services 42 U.S.C. § 3606
Housing for older persons; occupancy limits 42 U.S.C. § 3607
Administration; affirmatively furthering 42 U.S.C. § 3608
Administrative complaint — one year 42 U.S.C. § 3610
Subpoenas 42 U.S.C. § 3611
Administrative hearings; election 42 U.S.C. § 3612
Private action — two years, damages, fees 42 U.S.C. § 3613
Pattern or practice 42 U.S.C. § 3614
State law preserved 42 U.S.C. § 3615
Private enforcement organizations 42 U.S.C. § 3616a
Retaliation and interference 42 U.S.C. § 3617
Criminal interference by force 42 U.S.C. § 3631
Implementing regulations 24 CFR Part 100
Disability in assisted housing 24 CFR Part 8
Race — contracts 42 U.S.C. § 1981
Race — property 42 U.S.C. § 1982
State actors 42 U.S.C. § 1983
Federal funding recipients 29 U.S.C. § 794, 42 U.S.C. § 2000d
Public entities; public accommodations 42 U.S.C. § 12132, 42 U.S.C. § 12181, 42 U.S.C. § 12182, 42 U.S.C. § 12188
Disparate impact Inclusive Communities
Tester and organizational standing Havens Realty v. Coleman
Broad reading of the Act Trafficante v. Metropolitan Life, Gladstone Realtors
Standing limits generally Warth v. Seldin
Occupancy exemption limits City of Edmonds v. Oxford House
Owner liability for agents Meyer v. Holley
Zoning intent framework Arlington Heights
Animus and rational basis City of Cleburne
Unrelated-occupant restrictions Village of Belle Terre
Integration mandate Olmstead v. L.C.
Race discrimination in property, private conduct Jones v. Alfred H. Mayer

Tool 18 — The witness statement form

Statement of [name] · [address] · [telephone] · [email]

  1. I have personal knowledge of the facts below.
  2. On [date] at approximately [time], I was at [place] with [claimant].
  3. I heard [name/title] say, in these words: "[verbatim]."
  4. I observed the following: [facts only].
  5. [Anything I was told separately, and by whom.]
  6. I am willing to be contacted about this matter.

Signed: ______________ Date: ______

☐ Get it while people are willing. Memory fades and so does willingness.

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