Fair housing matters may be litigated in courts, or they may proceed through alternative dispute resolution methods, including arbitration and mediation. Some important considerations for fair housing matters include:

Discrimination

State and federal prohibit discrimination in housing on various grounds. These grounds include discriminating against the sale, rental or financing of housing based on a person’s color, sex, national origin, religion, pregnancy, marital status, family status, disability, age or other specific factors. Discrimination may also occur if a housing provider changes the terms of housing, quotes different rates or applies different policies based on these factors. Discrimination may also be present if housing providers demonstrate preference for a certain group of people over others.

Potential Outcomes

When fair housing matters are litigated, the court may have some flexibility in the relief provided since housing often affects equitable laws. Therefore, a possible remedy may be for a buyer or renter to be able to move into a desired property. In ADR, the parties may brainstorm possible solutions to resolve their legal dispute. Their final settlement may be based on requirements that a court may not necessarily consider or have the authority to impose, such as requiring more education for the housing providers or implementing a new program.

Options

Parties who do not want to litigate their fair housing matter may decide on a common form of alternative dispute resolution such as mediation or arbitration. Mediation is a process in which parties involved in a legal dispute work together to reach a mutual solution. The process is voluntary, and the mediator does not impose a ruling on the parties. Arbitration is similar to litigation in that the parties present testimony and witnesses to the decision maker. However, many of the procedural requirements are often relaxed and an arbitrator with subject matter expertise can be selected.