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FHA Complaints

Here's what you need to know about federal Fair Housing Act complaints, at a glance:

The federal Fair Housing Act (FHA) prohibits housing discrimination based on race, color, religion, sex, family status, national origin, or disability.
The FHA, among other things, prohibits discrimination against people with disabilities, including those with severe breathing problems that are exacerbated by secondhand smoke. The FHA prohibits such discrimination by owners and operators of most housing, including most apartments and Section 8 and other HUD-assisted housing.
It is clear from the language of the FHA, its interpretation by HUD General Counsel, and court decisions, that the FHA is available to people with breathing disabilities to seek reasonable accommodations from owners and operators of most housing in the United States in order to address the serious heath hazards posed by secondhand smoke that infiltrates their housing.

Download a detailed analysis of this issue by the office of the General Counsel of the U.S. Department of Housing and Urban Development (HUD) that was prepared in 1992.

You may also download HUD's complaint form and related information.

Also, you may also find an analysis by the Smoke-Free Environments Law Project of the FHA and how it can be used to protect people who have breathing disabilities that are caused or exacerbated by secondhand smoke in their housing situations.