Fair Housing and Lending Toolkit: Testing, Complaints, and Litigation

Summary. A working kit for both sides: a coverage matrix, complainant instruments from incident log through appraisal reconsideration, provider instruments from screening criteria through adverse action notices, litigation instruments including discovery and a disparate impact worksheet, and the primary authorities.

SECTION A — COVERAGE MATRIX

Transactions reached: § 3604 — sale, rental, terms, services, advertising, availability, disability accommodation and design. § 3605 — lending, brokerage, appraisal. § 3617 — interference, coercion, retaliation.

Deadlines: HUD § 3610 — 1 year. Private action § 3613 — 2 years, tolled during HUD proceedings. § 1982 — state personal injury or property period, usually longer.

SECTION B — COMPLAINANT INSTRUMENTS

B-1. Incident log (fill in the same day)

DATE / TIME  ______________________  (as precise as you can)
PROPERTY     ____________________________________________
CONTACT      Name ____________ Title ____________
             Phone/email used ____________________________
METHOD       □ In person  □ Phone  □ Email  □ Text  □ Portal
WHAT I SAID  ____________________________________________
WHAT THEY SAID (exact words, in quotation marks):
             "________________________________________"
             "________________________________________"
WHAT HAPPENED NEXT ______________________________________
WITNESSES    Name ____________ Phone ____________
             Name ____________ Phone ____________
EVIDENCE     □ Listing screenshot (date ______)
             □ Email/text saved  □ Voicemail EXPORTED
             □ Application copy  □ Fee receipt
             □ Denial / adverse action notice
COMPARISON   Who was treated differently? __________________
             When? ____________ How do I know? ____________
DEADLINES    HUD (1 yr): ____________  Court (2 yr): ____________

B-2. Tester report form

TEST #____   Paired with tester #____   Date ______ Time ______
Protected characteristic tested: ____________________________
Tester profile presented: income $______ · household ______ ·
  move-in date ______ · employment ______ · credit ______
Method: □ Phone  □ Email  □ In person   Duration: ______

1. Was contact returned?  □ Yes, in ______  □ No
2. Availability stated: ____________________________________
3. Rent quoted $______  Deposit $______  Fees $______
4. Application fee $______  Screening criteria described: ____
5. Units shown / offered: __________________________________
6. Other properties or neighborhoods suggested: _____________
7. Questions asked of me: __________________________________
8. Statements about children / animals / vouchers / access: __
9. Tone and length compared to script: ______________________
10. Anything unsolicited: __________________________________

NARRATIVE (write immediately, before discussing with anyone):
____________________________________________________________
Tester signature ____________  Date/time completed __________

B-3. HUD complaint narrative template

Complainant: [name, address, phone, email] Respondent: [name, address — the owner, the management company, and the individual] Property at issue: [full address, unit if known] Date(s) of the discriminatory act: [most recent date — this drives the one-year deadline] Basis: [race / color / religion / sex / familial status / national origin / disability]

What happened. On [date] at approximately [time], I [called / visited / applied] regarding [unit] at [address], which was advertised at $______ [screenshot attached, dated]. I spoke with [name], who identified [themselves] as [title]. I stated that [what you said].

[Name] told me: "[exact words]."

On [date], [describe the comparison — the listing remained active, a matched tester was offered a showing, another applicant with lower income was approved]. [Attach the supporting document.]

Why I believe this was because of [basis]. [State the facts, not conclusions: the differential treatment, the timing, the comparator, the question asked of you and not of others, the exact words used.]

Harm. [Out-of-pocket amounts, where you had to live instead, time lost, effect on you and your household.]

Attached: listing screenshots · correspondence · application · fee receipt · denial notice · tester reports (if available) · witness names and contact information.

B-4. Reasonable accommodation request letter

Re: Request for reasonable accommodation under the Fair Housing Act — [unit, address]

I am a person with a disability as defined by the Fair Housing Act. I am requesting the following reasonable accommodation, which is necessary to afford me an equal opportunity to use and enjoy my dwelling:

[State the accommodation precisely — "permission to keep an assistance animal notwithstanding the no-pets policy" / "a reserved accessible parking space nearest the building entrance" / "a rent due date of the 3rd of each month, matching my benefits deposit" / "permission to install grab bars in the bathroom at my own expense"].

[Where the disability or the need is not obvious:] Enclosed is a letter from [provider], who has knowledge of my disability and of the disability-related need for this accommodation.

An assistance animal is not a pet, and no pet fee, pet rent, pet deposit, breed restriction, or weight restriction may be applied to it.

Please respond in writing within fourteen (14) days. If you believe this request imposes an undue financial and administrative burden or would fundamentally alter your operations, please tell me so in writing with the specific basis, and propose any alternative that would meet my need, so that we can discuss it.

[Name] · [unit] · [date] · [delivered by ______, proof retained]

B-5. Appraisal reconsideration of value request

Re: Request for reconsideration of value — [address] — Loan/File No. ______ — Appraisal dated [__]

I request reconsideration of value on the following specific grounds.

1. Factual errors in the report.

Item	Report states	Correct	Source
Gross living area	______ sf	______ sf	County record / survey, attached
Bathrooms	______	______	Photographs, attached
Condition	______	______	Invoices for [work], attached

2. Comparable sales not considered.

Address	Sale date	Distance	Sq ft	Price	Why more comparable

3. Comparables used that are not comparable. Comparable ___ is [across a limited-access highway / in a different attendance area / a distressed sale / materially older].

I am not requesting a predetermined value. I am requesting that these facts and sales be considered and that the report be corrected or a second appraisal ordered under your reconsideration-of-value process.

[Where valuation bias is suspected, preserve both reports, the appraisers' names, the dates, what was displayed in the home on each visit, and all lender communications; consider complaints to HUD, the CFPB, and the state appraiser licensing board, and claims under § 3605 and ECOA.]

SECTION C — PROVIDER INSTRUMENTS

C-1. Model screening criteria

APPLICANT SCREENING CRITERIA — [Property] — effective [date]
Applied identically to every applicant. Deviations require written
approval and documented justification.

INCOME       Verified gross household income ≥ ___× the monthly rent,
             from ANY LAWFUL SOURCE, including housing assistance,
             benefits, child support, retirement, and self-employment.
             Where a rental subsidy applies, the multiplier is applied
             to the TENANT'S PORTION of the rent.
CREDIT       Score ≥ ___ OR a qualified co-signer OR ___ additional
             deposit where permitted by law. Medical collections and
             accounts in dispute are not considered.
RENTAL       ___ years verifiable. An eviction FILING is not
HISTORY      disqualifying; only an unsatisfied money judgment for
             rent within ___ years is considered.
CRIMINAL     Individualized assessment only. Considered: nature and
             severity of the offense, time elapsed since it occurred,
             relationship to safety at this property, and evidence of
             rehabilitation. NOT considered: arrests without
             conviction, sealed or expunged records, or any offense
             more than ___ years old.
OCCUPANCY    Consistent with [local code citation]. No stricter
             standard is applied.
PROCESS      Applications considered in order received. Every
             applicant is screened against these criteria and no
             others. Adverse action notices issued on every
             screening-based denial.

C-2. Advertising review guide

REMOVE / REWRITE                     BECAUSE
"perfect for a single professional"  familial status, marital status
"no children" / "adults only"        familial status (unless a
                                     documented older-persons exemption)
"quiet building"                     may read as excluding children
"walk to..."                         may read as excluding disability;
                                     use "close to" / distance
"Christian community"                religion
"English-speaking"                   national origin
"must be employed"                   source of income (many places)
"no Section 8"                       source of income (many places)
"traditional family neighborhood"    familial status, national origin
"safe neighborhood"                  invites steering; describe the
                                     property, not the area's people
"master bedroom"                     use "primary bedroom"

DESCRIBE THE PROPERTY, NEVER THE OCCUPANT.
Photographs: show a range of residents.
Digital targeting: audience selection and platform optimization must
not limit delivery by protected characteristic.
Include the equal housing opportunity statement and logo.

C-3. Accommodation response letter (grant)

Re: Your request for a reasonable accommodation dated [__]

Thank you for your request. Your request is granted, effective [date].

Specifically: [restate the accommodation as granted].

[For an assistance animal:] No pet fee, pet rent, or pet deposit applies, and our breed and weight restrictions do not apply. You remain responsible for any actual damage caused by the animal and for its behavior in common areas, on the same terms as any resident.

[For a modification:] You may proceed with [the modification] at your expense, using a licensed contractor and obtaining any required permits. [Where reasonable: At the end of your tenancy, you may be asked to restore the interior to its prior condition, ordinary wear excepted; we will confirm the specific restoration items in writing before work begins.]

If your needs change, please contact [name, title, email, phone], who handles accommodation requests for this property.

C-4. Interactive process log

Keep one row per request, granted or denied. This log is the exhibit that resolves accommodation claims.

C-5. FCRA adverse action notice

We are unable to [approve your application / approve it on the terms requested] for [address]. This decision was based in whole or in part on information in a consumer report obtained from:

[Agency name · address · toll-free number]

The consumer reporting agency did not make this decision and cannot explain the reasons for it. You may obtain a free copy of your report from that agency if you request it within 60 days, and you may dispute the accuracy or completeness of any information directly with the agency.

The principal reason(s) for this decision: [state them specifically — required content under ECOA where credit is involved].

[Include the credit score disclosure where a score was used and any state-required language.]

SECTION D — LITIGATION INSTRUMENTS

D-1. Discovery requests (plaintiff)

1. All written screening, tenant selection, and occupancy criteria in effect from [date] to [date], including all prior versions and the dates each took effect.
2. The complete application file for Plaintiff, including all notes, screening reports, internal communications, and the decision record.
3. The complete application file for every applicant for [the unit / units of that type] during [period], including qualifications and outcomes.
4. All leasing software records for [period], including call logs, inquiry records, showing logs, and CRM entries, in native format with field definitions.
5. All communications, including text messages, among any of Defendant's employees or agents referring to Plaintiff.
6. Documents sufficient to show the race, national origin, familial status, and disability status, to the extent recorded, of all applicants and residents during [period].
7. All fair housing training materials, attendance records, and policies for [period].
8. All prior fair housing complaints, HUD or agency charges, lawsuits, or settlements involving Defendant or the subject property in the past [5] years.
9. All contracts, documentation, inputs, weights, thresholds, and validation or fair lending analyses for any tenant screening or pricing software used.
10. All accommodation and modification requests received at the property during [period], with the responses.
11. All advertising for the property during [period], including digital campaign settings, audience definitions, and delivery reports.
12. [Lending] The complete loan file; the underwriting exception log for [period]; the pricing and discretion policies; and all HMDA-reportable data for [period].
13. [Appraisal] Both appraisal reports; the appraiser's workfile; the appraisal order and any communications with the appraiser; and all reconsideration-of-value records.

D-2. Comparator chart

D-3. Disparate impact worksheet

1. THE SPECIFIC POLICY (state it in one sentence, as written):
   ____________________________________________________________

2. THE DISPARITY
   Group A rate: ______%   Group B rate: ______%
   Ratio: ______   Source of data: ______________________
   Comparison population and why it is the right one: __________

3. ROBUST CAUSAL CONNECTION (Inclusive Communities)
   How does THIS policy, rather than other factors, produce the
   disparity? _________________________________________________
   What alternative explanations are excluded, and how? ________

4. DEFENDANT'S ASSERTED INTEREST
   Stated interest: ___________________________________________
   Is it substantial, legitimate, and nondiscriminatory? _______
   Is it supported by evidence, or only asserted? ______________

5. LESS DISCRIMINATORY ALTERNATIVE
   Proposed alternative: ______________________________________
   How it serves the same interest: ___________________________
   Evidence it is workable (other providers, industry practice,
   the defendant's own prior practice): _______________________

D-4. Position statement outline (respondent)

I.   THE FACTS, CHRONOLOGICALLY
     Dates, documents cited by exhibit number. No characterizations.

II.  THE WRITTEN CRITERIA IN EFFECT
     Attach them. Show the effective date.

III. THE ONE LEGITIMATE NONDISCRIMINATORY REASON
     State it once. Document it. Do NOT offer alternatives.

IV.  COMPARATOR EVIDENCE
     Similarly situated applicants outside the protected class
     treated the same way. Attach the files.

V.   [WHERE A MISTAKE OCCURRED]
     Acknowledge it plainly. State what was corrected and when.

VI.  [ACCOMMODATION CASES]
     The interactive process record: request, questions asked,
     documentation received, response, alternative offered.

DO NOT: speculate about the complainant's motives · attack their
character · offer a reason the file does not support · offer more
than one reason · say anything you would not want read aloud.

SECTION E — PRIMARY AUTHORITY

• 42 U.S.C. § 3601 · § 3604 · § 3605 · § 3610 · § 3612 · § 3613 · § 3614 · § 3617.
• 24 C.F.R. Part 100 — HUD's implementing regulations.
• 42 U.S.C. § 1982 · Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968).
• Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205 (1972) · Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982).
• City of Edmonds v. Oxford House, Inc., 514 U.S. 725 (1995) · Meyer v. Holley, 537 U.S. 280 (2003).
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) · Bank of America Corp. v. City of Miami, 581 U.S. 189 (2017).
• 15 U.S.C. § 1691 · § 1691e (ECOA); 15 U.S.C. § 1681c (FCRA).
• 12 U.S.C. § 2801 et seq. (HMDA) · 12 U.S.C. § 2901 et seq. (CRA).
• Section 504 of the Rehabilitation Act; the Americans with Disabilities Act as to public and common-use areas; state and local fair housing statutes and ordinances.

Related documents

• Fair Housing and Lending Discrimination
• Bringing and Defending a Fair Housing Claim
• Fair Housing Compliance and Complaint Checklist
• Landlord-Tenant Toolkit
• Residential Real Estate Toolkit
• Civil Rights Litigation Toolkit
• Fee Shifting and Litigation Cost Recovery Toolkit

This toolkit is educational and not legal advice. Every template must be adapted to the law of the jurisdiction where the housing is located; state and local statutes protect additional characteristics and impose additional requirements.