Filing a Disability Discrimination Complaint as a Florida Renter

Facing disability discrimination as a renter in Florida can be both stressful and confusing. Understanding your rights and the steps to take is essential to ensure you are treated fairly. Florida protects disabled renters through state and federal laws, offering processes to formally address discrimination in housing.

Your Rights as a Renter with a Disability in Florida

Florida law prohibits housing discrimination against individuals with disabilities. This includes protection against refusal to rent, unfair terms, or denial of reasonable modifications and accommodations in your rental unit.

• The federal Fair Housing Act (FHA) and the Florida Fair Housing Act (Florida Statutes Chapter 760 Part II) both protect renters.
• Reasonable accommodations may include permission for a service animal or adjustments to rules or policies.
• Reasonable modifications usually mean physical changes to allow access or use of your unit (like installing grab bars).

Recognizing Disability Discrimination

If your landlord or their representative does any of the following based on your disability or perceived disability, it may qualify as unlawful discrimination:

• Refuses to rent or renew your lease
• Denies necessary and reasonable accommodations
• Imposes extra fees for assistance animals
• Restricts accessibility modifications
• Harasses or retaliates after you request accommodations

Document any incidents and communications, as this will help if you decide to file a complaint.

How to File a Disability Discrimination Complaint in Florida

Tenants in Florida can file a fair housing complaint either with the Florida Commission on Human Relations (FCHR) or the U.S. Department of Housing and Urban Development (HUD). Both agencies investigate housing discrimination, including disability-related complaints.

When Should You File?

• You must file your complaint within one year of the alleged act of discrimination under state law.
• For federal complaints via HUD, the deadline is also one year, but you must file within two years if you want to take your case to court.

Which Forms Should Florida Renters Use?

• FCHR's Housing Discrimination Complaint Form: Used to officially start your complaint with the Florida Commission on Human Relations. Download the form directly from FCHR Housing Discrimination Complaint Form (fillable PDF). For example, if your landlord refused a service dog, fill out this form describing the incident, sign, and submit it to the FCHR.
• HUD Form 903.1 (Housing Discrimination Complaint): Use this form if you want to file with HUD instead of the state agency. It's available at HUD's complaint portal or download the form from HUD Form 903.1. If you're not sure which agency to file with, you can submit to either—HUD may forward your complaint to the proper state office.

Filing Your Complaint: Action Steps

Here are clear steps Florida renters can take to begin their fair housing complaint process:

• 1. Gather evidence: Collect any written communication, notices, emails, or photos related to the incident.
• 2. Fill out the FCHR Housing Discrimination Complaint Form or HUD Form 903.1 with detailed information about the discrimination.
• 3. Submit the form: For FCHR, you can mail, fax, or email your completed complaint to complaints@fchr.myflorida.com, or mail to their address on the form. For HUD, upload online or send by mail per instructions on their site.
• 4. Keep records: Save a copy of everything you submit, and note the date and method of delivery.
• 5. Wait for confirmation: Both FCHR and HUD will notify you of receipt and tell you how your claim will proceed.

What Happens After You File?

After your complaint is filed, the FCHR or HUD will review your complaint, may ask for more evidence, and will notify your landlord. The agency will try to resolve the issue informally (conciliation), but if that doesn't work, a formal investigation happens. If discrimination is found, they can order remedies like allowing your accommodation, changes to policies, or damages.

If you feel unsure about the process or facing pushback from your landlord, consider reaching out to housing advocates or legal aid for support—they can help clarify your options and next steps.

Florida Official Housing Tribunal

In Florida, housing discrimination complaints are handled by the Florida Commission on Human Relations (FCHR). There is no separate residential tenancy tribunal, so FCHR is the primary authority for these claims.

Relevant Florida Housing Laws

• Florida Fair Housing Act (Florida Statutes Section 760.20 – 760.37) – sets all rules for housing discrimination, including for renters
• Florida Statutes Chapter 83, Part II – Florida Residential Landlord and Tenant Act: Identifies general tenant and landlord rights in Florida

1. What is a reasonable accommodation in Florida rental housing?
   A reasonable accommodation is a change or exception to a rule, policy, or service so that a person with a disability can have equal enjoyment of their home. Examples include allowing a service animal, letting a tenant install grab bars, or assigning a parking space closer to the unit.
2. How long does it take for FCHR or HUD to resolve a complaint?
   Timelines can vary, but most investigations are completed within 100 days. Some cases may take longer depending on their complexity.
3. Can I be evicted for filing a disability discrimination complaint?
   No. Florida law protects you from retaliation for asserting your fair housing rights. If you believe you are being retaliated against, document all related incidents and notify the investigating agency immediately.
4. Do I need a lawyer to file a complaint?
   No. You do not need a lawyer, but legal advice can help if your case is complex or goes to a hearing or court.
5. Is there a cost to file a housing discrimination complaint?
   No. Filing a fair housing complaint with FCHR or HUD is free.

Need Help? Resources for Renters

• Florida Commission on Human Relations – File a Fair Housing Complaint
• U.S. Department of Housing and Urban Development – File a Housing Discrimination Complaint
• Florida Legal Services – Legal aid and referrals for renters
• U.S. Dept. of Justice – Fair Housing Rights Overview

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1. Florida Statutes Section 760.20 – 760.37
2. HUD Housing Discrimination Complaint Process
3. FCHR Housing Discrimination Complaint Form
4. Florida Statutes Chapter 83, Part II

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