FHA and ADA

Civil Penalties

FHA Civil Penalties - Effective March 16, 2021, the U.S. Department of Housing and Urban Development (HUD) published new inflation-adjusted civil penalty amounts for individuals or entities that have been found to have violated a variety of different housing-related laws, including the federal Fair Housing Act (FHA).

Under these revised amounts, an individual or entity can be assessed a maximum civil penalty of $21,663.00 for the first violation of the Fair Housing Act. Respondents who have violated the Fair Housing Act in the previous 5 years can be fined a maximum of $54,157.00. Respondents who have violated the Act two or more times in the previous 7 years can be fined a maximum of $108,315.00.

These civil penalty amounts do not include actual damages and attorney’s fees and costs that may be awarded to someone who has experienced housing discrimination based on:

Race
Color
National Origin
Religion
Sex (including gender, gender identity, sexual orientation, and sexual harassment)
Familial Status
Disability

ADA Civil Penalties - Effective March 28, 2014, the Department of Justice issued a Final Rule that adjusts for inflation the civil monetary penalties assessed or enforced by the Civil Rights Division, including civil penalties available under Title III of the Americans with Disabilities Act of 1990 (ADA). For the ADA, this adjustment increases the maximum civil penalty for a first violation under Title III from $55,000 to $75,000; for a subsequent violation the new maximum is $150,000. The new maximums apply only to violations occurring on or after April 28, 2014.

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