Fight Hate: Where & When to Get Help
When to Get Help
It is important to respond to hate incidents in your community quickly and effectively. If you determine an incident has occurred, call 911 immediately.
At the first sign of a problem, victims of hate crimes should call 911 and then contact the local fair housing center or another civil rights group such as the NAACP, or Anti-Defamation League. Not only is it important to have criminal and civil investigators working as quickly as possible on violations of fair housing and other laws, but victims may also need support, assistance and comfort to help them through a difficult time. In many cases, the hate activity is stopped early by intervention.
Generally, victims of hate crimes should seek help from both criminal and civil law enforcement agencies. A criminal investigator can help identify and locate a perpetrator and ensure that the victims receive compensation and other resources to stop the hate activity and help the victim recover.
Victims of hate activity should expect and receive prompt, professional attention from the agencies they contact for help. If a particular agency does not seem to take the report seriously, or does not move quickly to address the circumstances of a hate activity, victims should contact their local fair housing center, another civil rights organization and victim services for more help. Agencies generally will work together cooperatively to investigate and resolve hate activity. In some cases, a civil investigation may be delayed so as not to interfere with an ongoing criminal investigation. Sometimes short delays do occur, but if there is a longer delay, or if there is no criminal prosecution, ask the civil investigating agency to expedite its investigation.
Where to Get Help
Private Fair Housing Groups
There are private fair housing centers located throughout the United States that can provide support to victims of housing related hate activity and help them pursue their rights. These groups will advocate for the victim by creating public awareness of the situation, bringing media attention and public scrutiny to the case, coordinating with a law enforcement network including local police and FBI, and securing legal counsel. Fair Housing centers can also help consumers better understand their fair housing rights and options, and provide immediate victim counseling and referrals if necessary. Because most fair housing centers have established relationships with local and federal law enforcement and a pool of cooperating attorneys experienced in enforcing civil rights laws, a fair housing center has resources immediately available to assist the hate crime victim in pursuing their criminal and civil enforcement options. Finally, fair housing groups can address community tensions before they reach the level of hate crimes by actively promoting the benefits of housing choices and integrated living.
Criminal Enforcement
Establishing good working relationships with local and federal law enforcement can be invaluable in assuring rapid and effective law enforcement response to reported hate activity. The FBI, sometimes working with local law enforcement officials, will investigate criminal violations of the Fair Housing Act and other federal laws. The FBI can investigate hate activity either at the request of the United States Department of Justice (DOJ), or a victim/fair housing center to the FBI in response to a report of harassment, intimidation or threats. DOJ-through local offices of the United States Attorney-can bring a criminal or civil case in federal court. If other crimes are involved, such as arson, assault, or threats, those crimes may be investigated and prosecuted by local law enforcement officials and prosecutors. Hate crimes should be reported both to local law enforcement officials and to the closest FBI office. You should also contact the DOJ District Housing and Civil Enforcement Section. A wrongdoer can be fined, sent to jail, or both for criminal hate crime violations.
Civil Enforcement
Hate crime victims may bring civil lawsuits against the perpetrators, requesting monetary and other damages. A private attorney may assist the victim in filing a civil action in court, and local fair housing centers may be especially helpful in assisting hate crime victims in finding counsel. A civil lawsuit may seek damages and other relief, including an injunction to prevent future hate activity. The injunctive relief awarded can be significant-in one case as part of a consent decree the perpetrators of the hate crime agreed to sell their house and leave the neighborhood as part of the relief. In civil cases, remedies include damages for both actual costs incurred because of the hate crime and damages for mental and emotional distress. A case brought by an individual in federal or state court under the Fair Housing Act may also result in punitive damages, which are awarded to the victim of the hate activity. The standard of proof for a civil action is different from the "beyond reasonable doubt" required in criminal cases. Instead, civil cases require that the victim show by a preponderance of evidence that the hate activity occurred. A complaint can also be filed with the Department of Housing and Urban Development (HUD). HUD will conduct an impartial investigation and, if evidence of a Fair Housing Act violation is documented, HUD will issue a charge of discrimination and one of its lawyers will bring a case before an administrative law judge for damages and other relief at no expense to the victim. A case brought before an administrative law judge can result in an award of damages as well as civil penalties against the wrongdoer.
State and Local Governments
Many state and local government offices have a human rights or civil rights division that can investigate and prosecute hate activity. State and local offices have varying levels of power, but generally can conduct a civil investigation and help contact law enforcement officials. In many cases, the State Attorney General can facilitate criminal action.
