Is A 'Right to Sue' Letter Required Before Filing A Housing Discrimination Complaint In Court? No.

I got a question earlier this week which involved the intersection of housing and employment discrimination. While many of the concepts contained in our federal fair housing laws (Title VIII of the Civil Rights Act of 1968) are similar to those that prevent employment discrimination (Title VII of the Civil Rights Act of 1964), there is one important difference that sometimes gets overlooked. In the employment arena, before a complaint can be filed - a putative plaintiff must receive what is known as a "right to sue" letter. This "right to sue" letter is jurisdictional and demonstrates that the party has exhausted his or her administrative remedies. That "right to sue" letter must be obtained before filing an employment discrimination complaint in court.

In housing, unlike employment, it is not necessary to file an administrative claim or to obtain a "right to sue" letter. A person or entity claiming housing discrimination can certainly file a complaint with HUD (or a state, city, or county agency) and there are many reasons to file an administrative complaint there is no requirement in the law to do so. While the investigatory...