---
kind: "range"
citation: "42 U.S.C. §§ 3601–3619"
title: "42"
from: "3601"
to: "3619"
count: 23
release: "119-102"
url: "https://uscodex.org/usc/42/3601..3619"
---

# §3601. Declaration of policy


It is the policy of the [United States](/usc/42/403.md?p=k) to provide, within constitutional limitations, for fair [housing](/usc/42/1490p–2.md?p=r-3) throughout the [United States](/usc/42/403.md?p=k).


# §3602. Definitions


As used in this subchapter—

- (a) “Secretary” means the Secretary of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development.
- (b) “Dwelling” means any [building](/usc/42/6881.md?p=i-3), structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more [families](/usc/42/12704.md?p=11), and any vacant land which is offered for sale or lease for the [construction](/usc/42/7479.md?p=2-C) or location thereon of any such [building](/usc/42/6881.md?p=i-3), structure, or portion thereof.
- (c) “Family” includes a [single](/usc/42/2304.md?p=m) individual.
- (d) “Person” includes one or more individuals, [corporations](/usc/42/2296b–7.md?p=1), partnerships, associations, [labor organizations](/usc/42/2000ff.md?p=2-C), legal [representatives](/usc/42/3058f.md?p=5), mutual companies, joint-stock companies, [trusts](/usc/42/12854.md?p=6), unincorporated organizations, trustees, trustees in cases under [title 11](/usc/11.md), receivers, and fiduciaries.
- (e) “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
- (f) “Discriminatory housing practice” means an act that is unlawful under section [3604](/usc/42/3604.md), [3605](/usc/42/3605.md), [3606](/usc/42/3606.md), or [3617](/usc/42/3617.md) of this title.
- (g) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the [United States](/usc/42/403.md?p=k).
- (h) “Handicap” means, with respect to a [person](#d)—
  - (1) a physical or mental impairment which substantially limits one or more of such [person](#d)’s major life activities,
  - (2) a record of having such an impairment, or
  - (3) being regarded as having such an impairment,

  but such term does not include current, illegal use of or addiction to a [controlled substance](/usc/42/11851.md?p=2) (as defined in [section 802 of title 21](/usc/21/802.md)).

- (i) “Aggrieved person” includes any [person](#d) who—
  - (1) [claims](/usc/42/1320a–7a.md?p=i-2) to have been injured by a [discriminatory housing practice](#f); or
  - (2) believes that such [person](#d) will be injured by a [discriminatory housing practice](#f) that is about to occur.
- (j) “Complainant” means the [person](#d) (including the [Secretary](#a)) who files a complaint under [section 3610 of this title](/usc/42/3610.md).
- (k) “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with—
  - (1) a [parent](/usc/42/1396a.md?p=k-3) or another [person](#d) having legal custody of such individual or individuals; or
  - (2) the designee of such [parent](/usc/42/1396a.md?p=k-3) or other [person](#d) having such custody, with the written permission of such [parent](/usc/42/1396a.md?p=k-3) or other [person](#d).

  The protections afforded against discrimination on the basis of familial status shall apply to any [person](#d) who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

- (l) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the [aggrieved person](#i), the [respondent](#n), and the [Secretary](#a).
- (m) “Conciliation agreement” means a written [agreement](/usc/42/1320b–8.md?p=a-3-A) setting forth the resolution of the issues in [conciliation](#l).
- (n) “Respondent” means—
  - (1) the [person](#d) or other entity accused in a complaint of an unfair [housing](/usc/42/1490p–2.md?p=r-3) practice; and
  - (2) any other [person](#d) or entity identified in the course of investigation and notified as required with respect to [respondents](#n) so identified under [section 3610(a) of this title](/usc/42/3610.md?p=a).
- (o) “Prevailing party” has the same meaning as such term has in [section 1988 of this title](/usc/42/1988.md).

# §3603. Effective dates of certain prohibitions

- (a) **Application to certain described dwellings—** Subject to the provisions of [subsection (b)](#b) and [section 3607 of this title](/usc/42/3607.md), the prohibitions against discrimination in the sale or rental of [housing](/usc/42/1490p–2.md?p=r-3) set forth in [section 3604 of this title](/usc/42/3604.md) shall apply:
  - (1) Upon enactment of this subchapter, to—
    - (A) [dwellings](/usc/42/3602.md?p=b) owned or operated by the Federal Government;
    - (B) [dwellings](/usc/42/3602.md?p=b) provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under [agreements](/usc/42/1320b–8.md?p=a-3-A) entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968;
    - (C) [dwellings](/usc/42/3602.md?p=b) provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under [agreements](/usc/42/1320b–8.md?p=a-3-A) entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to [dwellings](/usc/42/3602.md?p=b) solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and
    - (D) [dwellings](/usc/42/3602.md?p=b) provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a [State](/usc/42/3602.md?p=g) or local [public agency](/usc/42/11851.md?p=8) receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.
  - (2) After December 31, 1968, to all [dwellings](/usc/42/3602.md?p=b) covered by [paragraph (1)](#a-1) and to all other [dwellings](/usc/42/3602.md?p=b) except as exempted by [subsection (b)](#b).
- (b) **Exemptions—** Nothing in [section 3604 of this title](/usc/42/3604.md) (other than [subsection (c)](#c)) shall apply to—
  - (1) any [single](/usc/42/2304.md?p=m)-[family](/usc/42/3602.md?p=c) house sold or rented by an [owner](/usc/42/13641.md?p=4): Provided, That such private individual [owner](/usc/42/13641.md?p=4) does not own more than three such [single](/usc/42/2304.md?p=m)-[family](/usc/42/3602.md?p=c) houses at any one time: Provided further, That in the case of the sale of any such [single](/usc/42/2304.md?p=m)-[family](/usc/42/3602.md?p=c) house by a private individual [owner](/usc/42/13641.md?p=4) not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual [owner](/usc/42/13641.md?p=4) does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary [agreement](/usc/42/1320b–8.md?p=a-3-A), title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such [single](/usc/42/2304.md?p=m)-[family](/usc/42/3602.md?p=c) houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such [single](/usc/42/2304.md?p=m)-[family](/usc/42/3602.md?p=c) house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental [facilities](/usc/42/11049.md?p=4) or the sales or rental services of any real estate broker, agent, or salesman, or of such [facilities](/usc/42/11049.md?p=4) or services of any [person](/usc/42/3602.md?p=d) in the business of selling or renting [dwellings](/usc/42/3602.md?p=b), or of any [employee](/usc/42/1320a–7h.md?p=e-7) or agent of any such broker, agent, salesman, or [person](/usc/42/3602.md?p=d) and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in [violation](/usc/42/2000e–16a.md?p=c) of [section 3604(c) of this title](/usc/42/3604.md?p=c); but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
  - (2) rooms or [units](/usc/42/1395w–114b.md?p=g-2) in [dwellings](/usc/42/3602.md?p=b) containing living quarters occupied or intended to be occupied by no more than four [families](/usc/42/12704.md?p=11) living independently of each other, if the [owner](/usc/42/13641.md?p=4) actually maintains and occupies one of such living quarters as his residence.
- (c) **Business of selling or renting dwellings defined—** For the purposes of [subsection (b)](#b), a [person](/usc/42/3602.md?p=d) shall be deemed to be in the business of selling or renting [dwellings](/usc/42/3602.md?p=b) if—
  - (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any [dwelling](/usc/42/3602.md?p=b) or any interest therein, or
  - (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental [facilities](/usc/42/11049.md?p=4) or sales or rental services in two or more transactions involving the sale or rental of any [dwelling](/usc/42/3602.md?p=b) or any interest therein, or
  - (3) he is the [owner](/usc/42/13641.md?p=4) of any [dwelling](/usc/42/3602.md?p=b) designed or intended for occupancy by, or occupied by, five or more [families](/usc/42/12704.md?p=11).

# §3604. Discrimination in the sale or rental of housing and other prohibited practices


As made applicable by [section 3603 of this title](/usc/42/3603.md) and except as exempted by sections [3603(b)](/usc/42/3603.md?p=b) and [3607](/usc/42/3607.md) of this title, it shall be unlawful—

- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a [dwelling](/usc/42/3602.md?p=b) to any [person](/usc/42/3602.md?p=d) because of race, color, religion, sex, [familial status](/usc/42/3602.md?p=k), or national origin.
- (b) To discriminate against any [person](/usc/42/3602.md?p=d) in the terms, conditions, or privileges of sale or rental of a [dwelling](/usc/42/3602.md?p=b), or in the provision of services or [facilities](/usc/42/11049.md?p=4) in connection therewith, because of race, color, religion, sex, [familial status](/usc/42/3602.md?p=k), or national origin.
- (c) To make, print, or publish, or [cause](/usc/42/9908.md?p=c-2) to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a [dwelling](/usc/42/3602.md?p=b) that indicates any preference, limitation, or discrimination based on race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin, or an intention to make any such preference, limitation, or discrimination.
- (d) To represent to any [person](/usc/42/3602.md?p=d) because of race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin that any [dwelling](/usc/42/3602.md?p=b) is not available for [inspection](/usc/42/4851b.md?p=12), sale, or rental when such [dwelling](/usc/42/3602.md?p=b) is in fact so available.
- (e) For profit, to induce or attempt to induce any [person](/usc/42/3602.md?p=d) to sell or rent any [dwelling](/usc/42/3602.md?p=b) by representations regarding the entry or prospective entry into the neighborhood of a [person](/usc/42/3602.md?p=d) or [persons](/usc/42/3602.md?p=d) of a particular race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin.
- (f)
  - (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a [dwelling](/usc/42/3602.md?p=b) to any buyer or renter because of a [handicap](/usc/42/3602.md?p=h) of—
    - (A) that buyer or renter,[^1]
    - (B) a [person](/usc/42/3602.md?p=d) residing in or intending to reside in that [dwelling](/usc/42/3602.md?p=b) after it is so sold, rented, or made available; or
    - (C) any [person](/usc/42/3602.md?p=d) associated with that buyer or renter.
  - (2) To discriminate against any [person](/usc/42/3602.md?p=d) in the terms, conditions, or privileges of sale or rental of a [dwelling](/usc/42/3602.md?p=b), or in the provision of services or [facilities](/usc/42/11049.md?p=4) in connection with such [dwelling](/usc/42/3602.md?p=b), because of a [handicap](/usc/42/3602.md?p=h) of—
    - (A) that [person](/usc/42/3602.md?p=d); or
    - (B) a [person](/usc/42/3602.md?p=d) residing in or intending to reside in that [dwelling](/usc/42/3602.md?p=b) after it is so sold, rented, or made available; or
    - (C) any [person](/usc/42/3602.md?p=d) associated with that [person](/usc/42/3602.md?p=d).
  - (3) For purposes of this subsection, discrimination includes—
    - (A) a refusal to permit, at the expense of the handicapped [person](/usc/42/3602.md?p=d), reasonable [modifications](/usc/42/7501.md?p=4) of existing premises occupied or to be occupied by such [person](/usc/42/3602.md?p=d) if such [modifications](/usc/42/7501.md?p=4) may be necessary to afford such [person](/usc/42/3602.md?p=d) full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a [modification](/usc/42/7501.md?p=4) on the renter agreeing to restore the interior of the premises to the condition that existed before the [modification](/usc/42/7501.md?p=4), reasonable wear and tear excepted.[^2]
    - (B) a refusal to make reasonable accommodations in rules, policies, [practices](/usc/42/17061.md?p=19), or services, when such accommodations may be necessary to afford such [person](/usc/42/3602.md?p=d) equal opportunity to use and enjoy a [dwelling](/usc/42/3602.md?p=b); or
    - (C) in connection with the design and [construction](/usc/42/7479.md?p=2-C) of [covered multifamily dwellings](#f-7) for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those [dwellings](/usc/42/3602.md?p=b) in such a manner that—
      - (i) the public use and common use portions of such [dwellings](/usc/42/3602.md?p=b) are readily accessible to and usable by handicapped [persons](/usc/42/3602.md?p=d);
      - (ii) all the doors designed to allow passage into and within all premises within such [dwellings](/usc/42/3602.md?p=b) are sufficiently wide to allow passage by handicapped [persons](/usc/42/3602.md?p=d) in wheelchairs; and
      - (iii) all premises within such [dwellings](/usc/42/3602.md?p=b) contain the following features of adaptive design:
        - (I) an accessible route into and through the [dwelling](/usc/42/3602.md?p=b);
        - (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
        - (III) reinforcements in bathroom walls to allow later installation of grab bars; and
        - (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
  - (4) Compliance with the appropriate requirements of the American National [Standard](/usc/42/1320d.md?p=7) for [buildings](/usc/42/6881.md?p=i-3) and [facilities](/usc/42/11049.md?p=4) providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of [paragraph (3)(C)(iii)](#f-3-C-iii).
  - (5)
    - (A) If a [State](/usc/42/3602.md?p=g) or [unit of general local government](/usc/42/803.md?p=g-10) has incorporated into its laws the requirements set forth in [paragraph (3)(C)](#f-3-C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph.
    - (B) A [State](/usc/42/3602.md?p=g) or [unit of general local government](/usc/42/803.md?p=g-10) may review and approve newly constructed [covered multifamily dwellings](#f-7) for the purpose of making determinations as to whether the design and [construction](/usc/42/7479.md?p=2-C) requirements of [paragraph (3)(C)](#f-3-C) are met.
    - (C) The [Secretary](/usc/42/3602.md?p=a) shall encourage, but may not require, [States](/usc/42/3602.md?p=g) and [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) to include in their existing procedures for the review and approval of newly constructed [covered multifamily dwellings](#f-7), determinations as to whether the design and [construction](/usc/42/7479.md?p=2-C) of such [dwellings](/usc/42/3602.md?p=b) are consistent with [paragraph (3)(C)](#f-3-C), and shall provide technical assistance to [States](/usc/42/3602.md?p=g) and [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) and other [persons](/usc/42/3602.md?p=d) to implement the requirements of [paragraph (3)(C)](#f-3-C).
    - (D) Nothing in this subchapter shall be construed to require the [Secretary](/usc/42/3602.md?p=a) to review or approve the plans, designs or [construction](/usc/42/7479.md?p=2-C) of all [covered multifamily dwellings](#f-7), to determine whether the design and [construction](/usc/42/7479.md?p=2-C) of such [dwellings](/usc/42/3602.md?p=b) are consistent with the requirements of paragraph 3(C).
  - (6)
    - (A) Nothing in [paragraph (5)](#f-5) shall be construed to affect the authority and responsibility of the [Secretary](/usc/42/3602.md?p=a) or a [State](/usc/42/3602.md?p=g) or local [public agency](/usc/42/11851.md?p=8) certified pursuant to [section 3610(f)(3) of this title](/usc/42/3610.md?p=f-3) to receive and process complaints or otherwise engage in enforcement activities under this subchapter.
    - (B) Determinations by a [State](/usc/42/3602.md?p=g) or a [unit of general local government](/usc/42/803.md?p=g-10) under paragraphs [(5)(A)](#f-5-A) and [(B)](#f-5-B) shall not be conclusive in enforcement proceedings under this subchapter.
  - (7) As used in this subsection, the term “covered multifamily dwellings” means—
    - (A) [buildings](/usc/42/6881.md?p=i-3) consisting of 4 or more [units](/usc/42/1395w–114b.md?p=g-2) if such [buildings](/usc/42/6881.md?p=i-3) have one or more elevators; and
    - (B) ground floor [units](/usc/42/1395w–114b.md?p=g-2) in other [buildings](/usc/42/6881.md?p=i-3) consisting of 4 or more [units](/usc/42/1395w–114b.md?p=g-2).
  - (8) Nothing in this subchapter shall be construed to invalidate or limit any law of a [State](/usc/42/3602.md?p=g) or political subdivision of a [State](/usc/42/3602.md?p=g), or other jurisdiction in which this subchapter shall be effective, that requires [dwellings](/usc/42/3602.md?p=b) to be designed and constructed in a manner that affords handicapped [persons](/usc/42/3602.md?p=d) greater access than is required by this subchapter.
  - (9) Nothing in this subsection requires that a [dwelling](/usc/42/3602.md?p=b) be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

# §3605. Discrimination in residential real estate-related transactions

- (a) **In general—** It shall be unlawful for any [person](/usc/42/3602.md?p=d) or other entity whose business includes engaging in [residential real estate-related transactions](#b) to discriminate against any [person](/usc/42/3602.md?p=d) in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin.
- (b) **“Residential real estate-related transaction” defined—** As used in this section, the term “residential real estate-related transaction” means any of the following:
  - (1) The making or purchasing of loans or providing other financial assistance—
    - (A) for purchasing, constructing, improving, repairing, or maintaining a [dwelling](/usc/42/3602.md?p=b); or
    - (B) secured by residential real estate.
  - (2) The selling, brokering, or appraising of residential real property.
- (c) **Appraisal exemption—** Nothing in this subchapter prohibits a [person](/usc/42/3602.md?p=d) engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, [handicap](/usc/42/3602.md?p=h), or [familial status](/usc/42/3602.md?p=k).

# §3606. Discrimination in the provision of brokerage services


After December 31, 1968, it shall be unlawful to deny any [person](/usc/42/3602.md?p=d) access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or [facility](/usc/42/11049.md?p=4) relating to the business of selling or renting [dwellings](/usc/42/3602.md?p=b), or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, [handicap](/usc/42/3602.md?p=h), [familial status](/usc/42/3602.md?p=k), or national origin.


# §3607. Religious organization or private club exemption

- (a) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of [dwellings](/usc/42/3602.md?p=b) which it owns or operates for other than a commercial purpose to [persons](/usc/42/3602.md?p=d) of the same religion, or from giving preference to such [persons](/usc/42/3602.md?p=d), unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
- (b)
  - (1) Nothing in this subchapter limits the applicability of any reasonable local, [State](/usc/42/3602.md?p=g), or Federal restrictions regarding the maximum number of occupants permitted to occupy a [dwelling](/usc/42/3602.md?p=b). Nor does any provision in this subchapter regarding [familial status](/usc/42/3602.md?p=k) apply with respect to [housing](/usc/42/1490p–2.md?p=r-3) for older [persons](/usc/42/3602.md?p=d).
  - (2) As used in this section, “[housing](/usc/42/1490p–2.md?p=r-3) for older [persons](/usc/42/3602.md?p=d)” means [housing](/usc/42/1490p–2.md?p=r-3)—
    - (A) provided under any [State](/usc/42/3602.md?p=g) or Federal [program](/usc/42/274l–1.md?p=4) that the [Secretary](/usc/42/3602.md?p=a) determines is specifically designed and operated to assist elderly [persons](/usc/42/3602.md?p=d) (as defined in the [State](/usc/42/3602.md?p=g) or Federal [program](/usc/42/274l–1.md?p=4)); or
    - (B) intended for, and solely occupied by, [persons](/usc/42/3602.md?p=d) 62 years of age or older; or
    - (C) intended and operated for occupancy by [persons](/usc/42/3602.md?p=d) 55 years of age or older, and—
      - (i) at least 80 percent of the occupied [units](/usc/42/1395w–114b.md?p=g-2) are occupied by at least one [person](/usc/42/3602.md?p=d) who is 55 years of age or older;
      - (ii) the [housing](/usc/42/1490p–2.md?p=r-3) [facility](/usc/42/11049.md?p=4) or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
      - (iii) the [housing](/usc/42/1490p–2.md?p=r-3) [facility](/usc/42/11049.md?p=4) or community complies with rules issued by the [Secretary](/usc/42/3602.md?p=a) for verification of occupancy, which shall—
        - (I) provide for verification by reliable surveys and affidavits; and
        - (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of [clause (ii)](#b-2-C-ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
  - (3) [Housing](/usc/42/1490p–2.md?p=r-3) shall not fail to meet the requirements for [housing](/usc/42/1490p–2.md?p=r-3) for older [persons](/usc/42/3602.md?p=d) by reason of:
    - (A) [persons](/usc/42/3602.md?p=d) residing in such [housing](/usc/42/1490p–2.md?p=r-3) as of September 13, 1988, who do not meet the age requirements of subsections[^1] (2)(B) or (C): Provided, That new occupants of such [housing](/usc/42/1490p–2.md?p=r-3) meet the age requirements of subsections[^1] (2)(B) or (C); or
    - (B) unoccupied [units](/usc/42/1395w–114b.md?p=g-2): Provided, That such [units](/usc/42/1395w–114b.md?p=g-2) are reserved for occupancy by [persons](/usc/42/3602.md?p=d) who meet the age requirements of subsections[^1] (2)(B) or (C).
  - (4) Nothing in this subchapter prohibits conduct against a [person](/usc/42/3602.md?p=d) because such [person](/usc/42/3602.md?p=d) has been convicted by any court of competent jurisdiction of the illegal [manufacture](/usc/42/300aa–33.md?p=3) or distribution of a [controlled substance](/usc/42/11851.md?p=2) as defined in [section 802 of title 21](/usc/21/802.md).
  - (5)
    - (A) A [person](/usc/42/3602.md?p=d) shall not be held personally liable for monetary [damages](/usc/42/9601.md?p=6) for a [violation](/usc/42/2000e–16a.md?p=c) of this subchapter if such [person](/usc/42/3602.md?p=d) reasonably relied, in good faith, on the application of the exemption under this subsection relating to [housing](/usc/42/1490p–2.md?p=r-3) for older [persons](/usc/42/3602.md?p=d).
    - (B) For the purposes of this paragraph, a [person](/usc/42/3602.md?p=d) may only show good faith reliance on the application of the exemption by showing that—
      - (i) such [person](/usc/42/3602.md?p=d) has no actual knowledge that the [facility](/usc/42/11049.md?p=4) or community is not, or will not be, eligible for such exemption; and
      - (ii) the [facility](/usc/42/11049.md?p=4) or community has stated formally, in writing, that the [facility](/usc/42/11049.md?p=4) or community complies with the requirements for such exemption.

# §3608. Administration

- (a) **Authority and responsibility—** The authority and responsibility for administering this Act shall be in the [Secretary](/usc/42/3602.md?p=a) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development.
- (b) **Assistant Secretary—** The Department of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development shall be provided an additional Assistant [Secretary](/usc/42/3602.md?p=a).
- (c) **Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review—** The [Secretary](/usc/42/3602.md?p=a) may delegate any of his functions, duties, and powers to [employees](/usc/42/1320a–7h.md?p=e-7) of the Department of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development or to [boards](/usc/42/10261.md?p=2) of such [employees](/usc/42/1320a–7h.md?p=e-7), including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The [person](/usc/42/3602.md?p=d) to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development in compliance with sections [3105](/usc/5/3105.md), [3344](/usc/5/3344.md), [5372](/usc/5/5372.md), and [7521](/usc/5/7521.md) of title 5. Insofar as possible, [conciliation](/usc/42/3602.md?p=l) meetings shall be held in the [cities](/usc/42/12902.md?p=11) or other localities where the [discriminatory housing practices](/usc/42/3602.md?p=f) allegedly occurred. The [Secretary](/usc/42/3602.md?p=a) shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to [boards](/usc/42/10261.md?p=2) of officers or to himself, as shall be appropriate and in accordance with law.
- (d) **Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes—** All executive departments and agencies shall administer their [programs](/usc/42/274l–1.md?p=4) and activities relating to [housing](/usc/42/1490p–2.md?p=r-3) and urban development (including any Federal agency having regulatory or supervisory authority over [financial institutions](/usc/42/666.md?p=a-17-D-i)) in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the [Secretary](/usc/42/3602.md?p=a) to further such purposes.
- (e) **Functions of Secretary—** The [Secretary](/usc/42/3602.md?p=a) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development shall—
  - (1) make studies with respect to the nature and extent of [discriminatory housing practices](/usc/42/3602.md?p=f) in [representative](/usc/42/3058f.md?p=5) communities, urban, suburban, and rural, throughout the [United States](/usc/42/403.md?p=k);
  - (2) publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Congress—
    - (A) specifying the nature and extent of progress made nationally in eliminating [discriminatory housing practices](/usc/42/3602.md?p=f) and furthering the purposes of this subchapter, obstacles remaining to achieving equal [housing](/usc/42/1490p–2.md?p=r-3) opportunity, and recommendations for further legislative or executive action; and
    - (B) containing tabulations of the number of instances (and the reasons therefor) in the preceding year in which—
      - (i) investigations are not completed as required by [section 3610(a)(1)(B) of this title](/usc/42/3610.md?p=a-1-B);
      - (ii) determinations are not made within the time specified in [section 3610(g) of this title](/usc/42/3610.md?p=g); and
      - (iii) hearings are not commenced or findings and conclusions are not made as required by [section 3612(g) of this title](/usc/42/3612.md?p=g);
  - (3) cooperate with and render technical assistance to Federal, [State](/usc/42/3602.md?p=g), local, and other public or private agencies, organizations, and institutions which are formulating or carrying on [programs](/usc/42/274l–1.md?p=4) to prevent or eliminate [discriminatory housing practices](/usc/42/3602.md?p=f);
  - (4) cooperate with and render such technical and other assistance to the Community Relations Service as may be appropriate to further its activities in preventing or eliminating [discriminatory housing practices](/usc/42/3602.md?p=f);
  - (5) administer the [programs](/usc/42/274l–1.md?p=4) and activities relating to [housing](/usc/42/1490p–2.md?p=r-3) and urban development in a manner affirmatively to further the policies of this subchapter; and
  - (6) annually report to the Congress, and make available to the public, data on the race, color, religion, sex, national origin, age, [handicap](/usc/42/3602.md?p=h), and [family](/usc/42/3602.md?p=c) characteristics of [persons](/usc/42/3602.md?p=d) and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of, [programs](/usc/42/274l–1.md?p=4) administered by the Department to the extent such characteristics are within the coverage of the provisions of law and Executive orders referred to in [subsection (f)](#f) which apply to such [programs](/usc/42/274l–1.md?p=4) (and in order to develop the data to be included and made available to the public under this subsection, the [Secretary](/usc/42/3602.md?p=a) shall, without regard to any other provision of law, collect such information relating to those characteristics as the [Secretary](/usc/42/3602.md?p=a) determines to be necessary or appropriate).
- (f) **Provisions of law applicable to Department programs—** The provisions of law and Executive orders to which [subsection (e)(6)](#e-6) applies are—
  - (1) title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](/usc/42/2000d.md) et seq.];
  - (2) this subchapter;
  - (3) [section 794 of title 29](/usc/29/794.md);
  - (4) the Age Discrimination Act of 1975 [[42 U.S.C. 6101](/usc/42/6101.md) et seq.];
  - (5) the Equal Credit Opportunity Act [[15 U.S.C. 1691](/usc/15/1691.md) et seq.];
  - (6) [section 1982 of this title](/usc/42/1982.md);
  - (7) [section 637(a) of title 15](/usc/15/637.md?p=a);
  - (8) [section 1735f–5 of title 12](/usc/12/1735f–5.md);
  - (9) [section 5309 of this title](/usc/42/5309.md);
  - (10) [section 1701u of title 12](/usc/12/1701u.md);
  - (11) Executive orders 11063, 11246, 11625, 12250, 12259, and 12432; and
  - (12) any other provision of law which the [Secretary](/usc/42/3602.md?p=a) specifies by publication in the Federal Register for the purpose of this subsection.

# §3608a. Collection of certain data

- (a) **In general—** To assess the extent of compliance with Federal fair [housing](/usc/42/1490p–2.md?p=r-3) requirements (including the requirements established under title VI of Public Law 88–352 [[42 U.S.C. 2000d](/usc/42/2000d.md) et seq.] and title VIII of Public Law 90–284 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.]), the [Secretary](/usc/42/3602.md?p=a) of Agriculture shall collect, not less than annually, data on the racial and ethnic characteristics of [persons](/usc/42/3602.md?p=d) eligible for, assisted, or otherwise benefiting under each community development, [housing assistance](/usc/42/13641.md?p=3), and mortgage and loan insurance and guarantee [program](/usc/42/274l–1.md?p=4) administered by such [Secretary](/usc/42/3602.md?p=a). Such data shall be collected on a [building](/usc/42/6881.md?p=i-3) by [building](/usc/42/6881.md?p=i-3) basis if the [Secretary](/usc/42/3602.md?p=a) determines such collection to be appropriate.
- (b) **Reports to Congress—** The [Secretary](/usc/42/3602.md?p=a) of Agriculture shall include in the annual report of such [Secretary](/usc/42/3602.md?p=a) to the Congress a summary and evaluation of the data collected by such [Secretary](/usc/42/3602.md?p=a) under [subsection (a)](#a) during the preceding year.

# §3609. Education and conciliation; conferences and consultations; reports


Immediately after April 11, 1968, the [Secretary](/usc/42/3602.md?p=a) shall commence such educational and conciliatory activities as in his judgment will further the purposes of this subchapter. He shall call conferences of [persons](/usc/42/3602.md?p=d) in the [housing](/usc/42/1490p–2.md?p=r-3) industry and other interested parties to acquaint them with the provisions of this subchapter and his suggested means of implementing it, and shall endeavor with their advice to work out [programs](/usc/42/274l–1.md?p=4) of voluntary compliance and of enforcement. He may pay per diem, travel, and transportation expenses for [persons](/usc/42/3602.md?p=d) attending such conferences as provided in [section 5703 of title 5](/usc/5/5703.md). He shall consult with [State](/usc/42/3602.md?p=g) and local officials and other interested parties to learn the extent, if any, to which [housing](/usc/42/1490p–2.md?p=r-3) discrimination exists in their [State](/usc/42/3602.md?p=g) or locality, and whether and how [State](/usc/42/3602.md?p=g) or local enforcement [programs](/usc/42/274l–1.md?p=4) might be utilized to combat such discrimination in connection with or in place of, the [Secretary](/usc/42/3602.md?p=a)’s enforcement of this subchapter. The [Secretary](/usc/42/3602.md?p=a) shall issue reports on such conferences and consultations as he deems appropriate.


# §3610. Administrative enforcement; preliminary matters

- (a) **Complaints and answers—**
  - (1)
    - (A)
      - (i) An [aggrieved person](/usc/42/3602.md?p=i) may, not later than one year after an alleged [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or terminated, file a complaint with the [Secretary](/usc/42/3602.md?p=a) alleging such [discriminatory housing practice](/usc/42/3602.md?p=f). The [Secretary](/usc/42/3602.md?p=a), on the [Secretary](/usc/42/3602.md?p=a)’s own [initiative](/usc/42/19131.md?p=1), may also file such a complaint.
      - (ii) Such complaints shall be in writing and shall contain such information and be in such form as the [Secretary](/usc/42/3602.md?p=a) requires.
      - (iii) The [Secretary](/usc/42/3602.md?p=a) may also investigate [housing](/usc/42/1490p–2.md?p=r-3) [practices](/usc/42/17061.md?p=19) to determine whether a complaint should be brought under this section.
    - (B) Upon the filing of such a complaint—
      - (i) the [Secretary](/usc/42/3602.md?p=a) shall serve notice upon the [aggrieved person](/usc/42/3602.md?p=i) acknowledging such filing and advising the [aggrieved person](/usc/42/3602.md?p=i) of the time limits and choice of forums provided under this subchapter;
      - (ii) the [Secretary](/usc/42/3602.md?p=a) shall, not later than 10 days after such filing or the identification of an additional [respondent](/usc/42/3602.md?p=n) under [paragraph (2)](#a-2), serve on the [respondent](/usc/42/3602.md?p=n) a notice identifying the alleged [discriminatory housing practice](/usc/42/3602.md?p=f) and advising such [respondent](/usc/42/3602.md?p=n) of the procedural rights and obligations of [respondents](/usc/42/3602.md?p=n) under this subchapter, together with a copy of the original complaint;
      - (iii) each [respondent](/usc/42/3602.md?p=n) may file, not later than 10 days after receipt of notice from the [Secretary](/usc/42/3602.md?p=a), an answer to such complaint; and
      - (iv) the [Secretary](/usc/42/3602.md?p=a) shall make an investigation of the alleged [discriminatory housing practice](/usc/42/3602.md?p=f) and complete such investigation within 100 days after the filing of the complaint (or, when the [Secretary](/usc/42/3602.md?p=a) takes further action under [subsection (f)(2)](#f-2) with respect to a complaint, within 100 days after the commencement of such further action), unless it is impracticable to do so.
    - (C) If the [Secretary](/usc/42/3602.md?p=a) is unable to complete the investigation within 100 days after the filing of the complaint (or, when the [Secretary](/usc/42/3602.md?p=a) takes further action under [subsection (f)(2)](#f-2) with respect to a complaint, within 100 days after the commencement of such further action), the [Secretary](/usc/42/3602.md?p=a) shall notify the [complainant](/usc/42/3602.md?p=j) and [respondent](/usc/42/3602.md?p=n) in writing of the reasons for not doing so.
    - (D) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time.
  - (2)
    - (A) A [person](/usc/42/3602.md?p=d) who is not named as a [respondent](/usc/42/3602.md?p=n) in a complaint, but who is identified as a [respondent](/usc/42/3602.md?p=n) in the course of investigation, may be joined as an additional or substitute [respondent](/usc/42/3602.md?p=n) upon written notice, under [paragraph (1)](#a-1), to such [person](/usc/42/3602.md?p=d), from the [Secretary](/usc/42/3602.md?p=a).
    - (B) Such notice, in addition to meeting the requirements of [paragraph (1)](#a-1), shall explain the basis for the [Secretary](/usc/42/3602.md?p=a)’s belief that the [person](/usc/42/3602.md?p=d) to whom the notice is addressed is properly joined as a [respondent](/usc/42/3602.md?p=n).
- (b) **Investigative report and conciliation—**
  - (1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the [Secretary](/usc/42/3602.md?p=a), the [Secretary](/usc/42/3602.md?p=a) shall, to the extent feasible, engage in [conciliation](/usc/42/3602.md?p=l) with respect to such complaint.
  - (2) A [conciliation agreement](/usc/42/3602.md?p=m) arising out of such [conciliation](/usc/42/3602.md?p=l) shall be an [agreement](/usc/42/1320b–8.md?p=a-3-A) between the [respondent](/usc/42/3602.md?p=n) and the [complainant](/usc/42/3602.md?p=j), and shall be subject to approval by the [Secretary](/usc/42/3602.md?p=a).
  - (3) A [conciliation agreement](/usc/42/3602.md?p=m) may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a [conciliation agreement](/usc/42/3602.md?p=m) may award appropriate relief, including monetary relief.
  - (4) Each [conciliation agreement](/usc/42/3602.md?p=m) shall be made public unless the [complainant](/usc/42/3602.md?p=j) and [respondent](/usc/42/3602.md?p=n) otherwise agree and the [Secretary](/usc/42/3602.md?p=a) determines that disclosure is not required to further the purposes of this subchapter.
  - (5)
    - (A) At the end of each investigation under this section, the [Secretary](/usc/42/3602.md?p=a) shall prepare a final investigative report containing—
      - (i) the names and dates of contacts with witnesses;
      - (ii) a summary and the dates of correspondence and other contacts with the [aggrieved person](/usc/42/3602.md?p=i) and the [respondent](/usc/42/3602.md?p=n);
      - (iii) a summary description of other pertinent records;
      - (iv) a summary of witness statements; and
      - (v) answers to interrogatories.
    - (B) A final report under this paragraph may be amended if additional evidence is later discovered.
- (c) **Failure to comply with conciliation agreement—** Whenever the [Secretary](/usc/42/3602.md?p=a) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that a [respondent](/usc/42/3602.md?p=n) has breached a [conciliation agreement](/usc/42/3602.md?p=m), the [Secretary](/usc/42/3602.md?p=a) shall refer the matter to the [Attorney General](/usc/42/14902.md?p=6) with a recommendation that a civil action be filed under [section 3614 of this title](/usc/42/3614.md) for the enforcement of such [agreement](/usc/42/1320b–8.md?p=a-3-A).
- (d) **Prohibitions and requirements with respect to disclosure of information—**
  - (1) Nothing said or done in the course of [conciliation](/usc/42/3602.md?p=l) under this subchapter may be made public or used as evidence in a subsequent proceeding under this subchapter without the written consent of the [persons](/usc/42/3602.md?p=d) concerned.
  - (2) Notwithstanding [paragraph (1)](#d-1), the [Secretary](/usc/42/3602.md?p=a) shall make available to the [aggrieved person](/usc/42/3602.md?p=i) and the [respondent](/usc/42/3602.md?p=n), at any time, upon request following completion of the [Secretary](/usc/42/3602.md?p=a)’s investigation, information derived from an investigation and any final investigative report relating to that investigation.
- (e) **Prompt judicial action—**
  - (1) If the [Secretary](/usc/42/3602.md?p=a) concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this subchapter, the [Secretary](/usc/42/3602.md?p=a) may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such an [authorization](/usc/42/4370m.md?p=3), the [Attorney General](/usc/42/14902.md?p=6) shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Federal Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this section and [section 3612 of this title](/usc/42/3612.md).
  - (2) Whenever the [Secretary](/usc/42/3602.md?p=a) has reason to believe that a basis may exist for the commencement of proceedings against any [respondent](/usc/42/3602.md?p=n) under sections [3614(a)](/usc/42/3614.md?p=a) and [3614(c)](/usc/42/3614.md?p=c) of this title or for proceedings by any governmental licensing or supervisory authorities, the [Secretary](/usc/42/3602.md?p=a) shall transmit the information upon which such belief is based to the [Attorney General](/usc/42/14902.md?p=6), or to such authorities, as the case may be.
- (f) **Referral for State or local proceedings—**
  - (1) Whenever a complaint alleges a [discriminatory housing practice](/usc/42/3602.md?p=f)—
    - (A) within the jurisdiction of a [State](/usc/42/3602.md?p=g) or local [public agency](/usc/42/11851.md?p=8); and
    - (B) as to which such agency has been certified by the [Secretary](/usc/42/3602.md?p=a) under this subsection;

    the [Secretary](/usc/42/3602.md?p=a) shall refer such complaint to that certified agency before taking any action with respect to such complaint.

  - (2) Except with the consent of such certified agency, the [Secretary](/usc/42/3602.md?p=a), after that referral is made, shall take no further action with respect to such complaint unless—
    - (A) the certified agency has failed to commence proceedings with respect to the complaint before the end of the 30th day after the date of such referral;
    - (B) the certified agency, having so commenced such proceedings, fails to carry forward such proceedings with reasonable promptness; or
    - (C) the [Secretary](/usc/42/3602.md?p=a) determines that the certified agency no longer qualifies for certification under this subsection with respect to the relevant jurisdiction.
  - (3)
    - (A) The [Secretary](/usc/42/3602.md?p=a) may certify an agency under this subsection only if the [Secretary](/usc/42/3602.md?p=a) determines that—
      - (i) the substantive rights protected by such agency in the jurisdiction with respect to which certification is to be made;
      - (ii) the procedures followed by such agency;
      - (iii) the remedies available to such agency; and
      - (iv) the availability of judicial review of such agency’s action;

      are substantially equivalent to those created by and under this subchapter.

    - (B) Before making such certification, the [Secretary](/usc/42/3602.md?p=a) shall take into account the current [practices](/usc/42/17061.md?p=19) and past performance, if any, of such agency.
  - (4) During the period which begins on September 13, 1988, and ends 40 months after September 13, 1988, each agency certified (including an agency certified for interim referrals pursuant to [24 CFR 115.11](/cfr/24/115.11.md), unless such agency is subsequently denied recognition under [24 CFR 115.7](/cfr/24/115.7.md)) for the purposes of this subchapter on the day before September 13, 1988, shall for the purposes of this subsection be considered certified under this subsection with respect to those matters for which such agency was certified on September 13, 1988. If the [Secretary](/usc/42/3602.md?p=a) determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the [Secretary](/usc/42/3602.md?p=a) may extend such period by not more than 8 months.
  - (5) Not less frequently than every 5 years, the [Secretary](/usc/42/3602.md?p=a) shall determine whether each agency certified under this subsection continues to qualify for certification. The [Secretary](/usc/42/3602.md?p=a) shall take appropriate action with respect to any agency not so qualifying.
- (g) **Reasonable cause determination and effect—**
  - (1) The [Secretary](/usc/42/3602.md?p=a) shall, within 100 days after the filing of the complaint (or, when the [Secretary](/usc/42/3602.md?p=a) takes further action under [subsection (f)(2)](#f-2) with respect to a complaint, within 100 days after the commencement of such further action), determine based on the facts whether reasonable [cause](/usc/42/9908.md?p=c-2) exists to believe that a [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or is about to occur, unless it is impracticable to do so, or unless the [Secretary](/usc/42/3602.md?p=a) has approved a [conciliation agreement](/usc/42/3602.md?p=m) with respect to the complaint. If the [Secretary](/usc/42/3602.md?p=a) is unable to make the determination within 100 days after the filing of the complaint (or, when the [Secretary](/usc/42/3602.md?p=a) takes further action under [subsection (f)(2)](#f-2) with respect to a complaint, within 100 days after the commencement of such further action), the [Secretary](/usc/42/3602.md?p=a) shall notify the [complainant](/usc/42/3602.md?p=j) and [respondent](/usc/42/3602.md?p=n) in writing of the reasons for not doing so.
  - (2)
    - (A) If the [Secretary](/usc/42/3602.md?p=a) determines that reasonable [cause](/usc/42/9908.md?p=c-2) exists to believe that a [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or is about to occur, the [Secretary](/usc/42/3602.md?p=a) shall, except as provided in [subparagraph (C)](#g-2-C), immediately issue a charge on behalf of the [aggrieved person](/usc/42/3602.md?p=i), for further proceedings under [section 3612 of this title](/usc/42/3612.md).
    - (B) Such charge—
      - (i) shall consist of a short and plain statement of the facts upon which the [Secretary](/usc/42/3602.md?p=a) has found reasonable [cause](/usc/42/9908.md?p=c-2) to believe that a [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or is about to occur;
      - (ii) shall be based on the final investigative report; and
      - (iii) need not be limited to the facts or grounds alleged in the complaint filed under [subsection (a)](#a).
    - (C) If the [Secretary](/usc/42/3602.md?p=a) determines that the matter involves the legality of any [State](/usc/42/3602.md?p=g) or local zoning or other land use law or ordinance, the [Secretary](/usc/42/3602.md?p=a) shall immediately refer the matter to the [Attorney General](/usc/42/14902.md?p=6) for appropriate action under [section 3614 of this title](/usc/42/3614.md), instead of issuing such charge.
  - (3) If the [Secretary](/usc/42/3602.md?p=a) determines that no reasonable [cause](/usc/42/9908.md?p=c-2) exists to believe that a [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or is about to occur, the [Secretary](/usc/42/3602.md?p=a) shall promptly dismiss the complaint. The [Secretary](/usc/42/3602.md?p=a) shall make public disclosure of each such dismissal.
  - (4) The [Secretary](/usc/42/3602.md?p=a) may not issue a charge under this section regarding an alleged [discriminatory housing practice](/usc/42/3602.md?p=f) after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a [State](/usc/42/3602.md?p=g) law, seeking relief with respect to that [discriminatory housing practice](/usc/42/3602.md?p=f).
- (h) **Service of copies of charge—** After the [Secretary](/usc/42/3602.md?p=a) issues a charge under this section, the [Secretary](/usc/42/3602.md?p=a) shall [cause](/usc/42/9908.md?p=c-2) a copy thereof, together with information as to how to make an election under [section 3612(a) of this title](/usc/42/3612.md?p=a) and the effect of such an election, to be served—
  - (1) on each [respondent](/usc/42/3602.md?p=n) named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made; and
  - (2) on each [aggrieved person](/usc/42/3602.md?p=i) on whose behalf the complaint was filed.

# §3611. Subpoenas; giving of evidence

- (a) **In general—** The [Secretary](/usc/42/3602.md?p=a) may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this subchapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the [United States](/usc/42/403.md?p=k) district court for the district in which the investigation is taking place.
- (b) **Witness fees—** Witnesses summoned by a subpoena under this subchapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in [United States](/usc/42/403.md?p=k) district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the [Secretary](/usc/42/3602.md?p=a).
- (c) **Criminal penalties—**
  - (1) Any [person](/usc/42/3602.md?p=d) who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such [person](/usc/42/3602.md?p=d)’s power to do so, in obedience to the subpoena or other lawful order under [subsection (a)](#a), shall be fined not more than $100,000 or imprisoned not more than one year, or both.
  - (2) Any [person](/usc/42/3602.md?p=d) who, with intent thereby to mislead another [person](/usc/42/3602.md?p=d) in any proceeding under this subchapter—
    - (A) makes or [causes](/usc/42/9908.md?p=c-2) to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under [subsection (a)](#a);
    - (B) willfully neglects or fails to make or to [cause](/usc/42/9908.md?p=c-2) to be made full, true, and correct entries in such reports, accounts, records, or other documents; or
    - (C) willfully mutilates, alters, or by any other means falsifies any documentary evidence;

    shall be fined not more than $100,000 or imprisoned not more than one year, or both.


# §3612. Enforcement by Secretary

- (a) **Election of judicial determination—** When a charge is filed under [section 3610 of this title](/usc/42/3610.md), a [complainant](/usc/42/3602.md?p=j), a [respondent](/usc/42/3602.md?p=n), or an [aggrieved person](/usc/42/3602.md?p=i) on whose behalf the complaint was filed, may elect to have the [claims](/usc/42/1320a–7a.md?p=i-2) asserted in that charge decided in a civil action under [subsection (o)](#o) in lieu of a hearing under [subsection (b)](#b). The election must be made not later than 20 days after the receipt by the electing [person](/usc/42/3602.md?p=d) of service under [section 3610(h) of this title](/usc/42/3610.md?p=h) or, in the case of the [Secretary](/usc/42/3602.md?p=a), not later than 20 days after such service. The [person](/usc/42/3602.md?p=d) making such election shall give notice of doing so to the [Secretary](/usc/42/3602.md?p=a) and to all other [complainants](/usc/42/3602.md?p=j) and [respondents](/usc/42/3602.md?p=n) to whom the charge relates.
- (b) **Administrative law judge hearing in absence of election—** If an election is not made under [subsection (a)](#a) with respect to a charge filed under [section 3610 of this title](/usc/42/3610.md), the [Secretary](/usc/42/3602.md?p=a) shall provide an opportunity for a hearing on the record with respect to a charge issued under [section 3610 of this title](/usc/42/3610.md). The [Secretary](/usc/42/3602.md?p=a) shall delegate the conduct of a hearing under this section to an administrative law judge appointed under [section 3105 of title 5](/usc/5/3105.md). The administrative law judge shall conduct the hearing at a place in the vicinity in which the [discriminatory housing practice](/usc/42/3602.md?p=f) is alleged to have occurred or to be about to occur.
- (c) **Rights of parties—** At a hearing under this section, each party may appear in [person](/usc/42/3602.md?p=d), be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under [section 3611 of this title](/usc/42/3611.md). Any [aggrieved person](/usc/42/3602.md?p=i) may intervene as a party in the proceeding. The Federal Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in a [United States](/usc/42/403.md?p=k) district court.
- (d) **Expedited discovery and hearing—**
  - (1) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.
  - (2) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
  - (3) The [Secretary](/usc/42/3602.md?p=a) shall, not later than 180 days after September 13, 1988, issue rules to implement this subsection.
- (e) **Resolution of charge—** Any resolution of a charge before a final order under this section shall require the consent of the [aggrieved person](/usc/42/3602.md?p=i) on whose behalf the charge is issued.
- (f) **Effect of trial of civil action on administrative proceedings—** An administrative law judge may not continue administrative proceedings under this section regarding any alleged [discriminatory housing practice](/usc/42/3602.md?p=f) after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a [State](/usc/42/3602.md?p=g) law, seeking relief with respect to that [discriminatory housing practice](/usc/42/3602.md?p=f).
- (g) **Hearings, findings and conclusions, and order—**
  - (1) The administrative law judge shall commence the hearing under this section no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the [Secretary](/usc/42/3602.md?p=a), the [aggrieved person](/usc/42/3602.md?p=i) on whose behalf the charge was filed, and the [respondent](/usc/42/3602.md?p=n), in writing of the reasons for not doing so.
  - (2) The administrative law judge shall make findings of fact and conclusions of law within 60 days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the administrative law judge shall notify the [Secretary](/usc/42/3602.md?p=a), the [aggrieved person](/usc/42/3602.md?p=i) on whose behalf the charge was filed, and the [respondent](/usc/42/3602.md?p=n), in writing of the reasons for not doing so.
  - (3) If the administrative law judge finds that a [respondent](/usc/42/3602.md?p=n) has engaged or is about to engage in a [discriminatory housing practice](/usc/42/3602.md?p=f), such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual [damages](/usc/42/9601.md?p=6) suffered by the [aggrieved person](/usc/42/3602.md?p=i) and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the [respondent](/usc/42/3602.md?p=n)—
    - (A) in an amount not exceeding $10,000 if the [respondent](/usc/42/3602.md?p=n) has not been adjudged to have committed any prior [discriminatory housing practice](/usc/42/3602.md?p=f);
    - (B) in an amount not exceeding $25,000 if the [respondent](/usc/42/3602.md?p=n) has been adjudged to have committed one other [discriminatory housing practice](/usc/42/3602.md?p=f) during the 5-year period ending on the date of the filing of this charge; and
    - (C) in an amount not exceeding $50,000 if the [respondent](/usc/42/3602.md?p=n) has been adjudged to have committed 2 or more [discriminatory housing practices](/usc/42/3602.md?p=f) during the 7-year period ending on the date of the filing of this charge;

    except that if the acts constituting the [discriminatory housing practice](/usc/42/3602.md?p=f) that is the object of the charge are committed by the same natural [person](/usc/42/3602.md?p=d) who has been previously adjudged to have committed acts constituting a [discriminatory housing practice](/usc/42/3602.md?p=f), then the civil penalties set forth in subparagraphs [(B)](#g-3-B) and [(C)](#g-3-C) may be imposed without regard to the period of time within which any subsequent [discriminatory housing practice](/usc/42/3602.md?p=f) occurred.

  - (4) No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this subchapter.
  - (5) In the case of an order with respect to a [discriminatory housing practice](/usc/42/3602.md?p=f) that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the [Secretary](/usc/42/3602.md?p=a) shall, not later than 30 days after the date of the issuance of such order (or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon such review)—
    - (A) send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and
    - (B) recommend to that governmental agency appropriate disciplinary action (including, where appropriate, the suspension or revocation of the license of the [respondent](/usc/42/3602.md?p=n)).
  - (6) In the case of an order against a [respondent](/usc/42/3602.md?p=n) against whom another order was issued within the preceding 5 years under this section, the [Secretary](/usc/42/3602.md?p=a) shall send a copy of each such order to the [Attorney General](/usc/42/14902.md?p=6).
  - (7) If the administrative law judge finds that the [respondent](/usc/42/3602.md?p=n) has not engaged or is not about to engage in a [discriminatory housing practice](/usc/42/3602.md?p=f), as the case may be, such administrative law judge shall enter an order dismissing the charge. The [Secretary](/usc/42/3602.md?p=a) shall make public disclosure of each such dismissal.
- (h) **Review by Secretary; service of final order—**
  - (1) The [Secretary](/usc/42/3602.md?p=a) may review any finding, conclusion, or order issued under [subsection (g)](#g). Such review shall be completed not later than 30 days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final.
  - (2) The [Secretary](/usc/42/3602.md?p=a) shall [cause](/usc/42/9908.md?p=c-2) the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each [aggrieved person](/usc/42/3602.md?p=i) and each [respondent](/usc/42/3602.md?p=n) in the proceeding.
- (i) **Judicial review—**
  - (1) Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought may obtain a review of such order under [chapter 158](/usc/28/chptVI-ch158.md) of title 28.
  - (2) Notwithstanding such chapter, venue of the proceeding shall be in the judicial circuit in which the [discriminatory housing practice](/usc/42/3602.md?p=f) is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered.
- (j) **Court enforcement of administrative order upon petition by Secretary—**
  - (1) The [Secretary](/usc/42/3602.md?p=a) may petition any [United States](/usc/42/403.md?p=k) court of appeals for the circuit in which the [discriminatory housing practice](/usc/42/3602.md?p=f) is alleged to have occurred or in which any [respondent](/usc/42/3602.md?p=n) resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or restraining order, by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order.
  - (2) The [Secretary](/usc/42/3602.md?p=a) shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the clerk of the court to the parties to the proceeding before the administrative law judge.
- (k) **Relief which may be granted—**
  - (1) Upon the filing of a petition under subsection [(i)](#i) or [(j)](#j), the court may—
    - (A) grant to the petitioner, or any other party, such temporary relief, restraining order, or other order as the court deems just and proper;
    - (B) affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and
    - (C) enforce such order to the extent that such order is affirmed or [modified](/usc/42/7501.md?p=4).
  - (2) Any party to the proceeding before the administrative law judge may intervene in the court of appeals.
  - (3) No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.
- (l) **Enforcement decree in absence of petition for review—** If no petition for review is filed under [subsection (i)](#i) before the expiration of 45 days after the date the administrative law judge’s order is entered, the administrative law judge’s findings of fact and order shall be conclusive in connection with any petition for enforcement—
  - (1) which is filed by the [Secretary](/usc/42/3602.md?p=a) under [subsection (j)](#j) after the end of such day; or
  - (2) under [subsection (m)](#m).
- (m) **Court enforcement of administrative order upon petition of any person entitled to relief—** If before the expiration of 60 days after the date the administrative law judge’s order is entered, no petition for review has been filed under [subsection (i)](#i), and the [Secretary](/usc/42/3602.md?p=a) has not sought enforcement of the order under [subsection (j)](#j), any [person](/usc/42/3602.md?p=d) entitled to relief under the order may petition for a decree enforcing the order in the [United States](/usc/42/403.md?p=k) court of appeals for the circuit in which the [discriminatory housing practice](/usc/42/3602.md?p=f) is alleged to have occurred.
- (n) **Entry of decree—** The clerk of the court of appeals in which a petition for enforcement is filed under subsection [(l)](#l) or [(m)](#m) shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the [Secretary](/usc/42/3602.md?p=a), the [respondent](/usc/42/3602.md?p=n) named in the petition, and to any other parties to the proceeding before the administrative law judge.
- (o) **Civil action for enforcement when election is made for such civil action—**
  - (1) If an election is made under [subsection (a)](#a), the [Secretary](/usc/42/3602.md?p=a) shall authorize, and not later than 30 days after the election is made the [Attorney General](/usc/42/14902.md?p=6) shall commence and maintain, a civil action on behalf of the [aggrieved person](/usc/42/3602.md?p=i) in a [United States](/usc/42/403.md?p=k) district court seeking relief under this subsection. Venue for such civil action shall be determined under [chapter 87](/usc/28/chptIV-ch87.md) of title 28.
  - (2) Any [aggrieved person](/usc/42/3602.md?p=i) with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.
  - (3) In a civil action under this subsection, if the court finds that a [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such [discriminatory housing practice](/usc/42/3602.md?p=f) in a civil action under [section 3613 of this title](/usc/42/3613.md). Any relief so granted that would accrue to an [aggrieved person](/usc/42/3602.md?p=i) in a civil action commenced by that [aggrieved person](/usc/42/3602.md?p=i) under [section 3613 of this title](/usc/42/3613.md) shall also accrue to that [aggrieved person](/usc/42/3602.md?p=i) in a civil action under this subsection. If monetary relief is sought for the benefit of an [aggrieved person](/usc/42/3602.md?p=i) who does not intervene in the civil action, the court shall not award such relief if that [aggrieved person](/usc/42/3602.md?p=i) has not complied with discovery orders entered by the court.
- (p) **Attorney’s fees—** In any administrative proceeding brought under this section, or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the [United States](/usc/42/403.md?p=k), a reasonable attorney’s fee and costs. The [United States](/usc/42/403.md?p=k) shall be liable for such fees and costs to the extent provided by [section 504 of title 5](/usc/5/504.md) or by [section 2412 of title 28](/usc/28/2412.md).

# §3613. Enforcement by private persons

- (a) **Civil action—**
  - (1)
    - (A) An [aggrieved person](/usc/42/3602.md?p=i) may commence a civil action in an appropriate [United States](/usc/42/403.md?p=k) district court or [State](/usc/42/3602.md?p=g) court not later than 2 years after the occurrence or the termination of an alleged [discriminatory housing practice](/usc/42/3602.md?p=f), or the breach of a [conciliation agreement](/usc/42/3602.md?p=m) entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to such [discriminatory housing practice](/usc/42/3602.md?p=f) or breach.
    - (B) The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such [discriminatory housing practice](/usc/42/3602.md?p=f). This subparagraph does not apply to actions arising from a breach of a [conciliation agreement](/usc/42/3602.md?p=m).
  - (2) An [aggrieved person](/usc/42/3602.md?p=i) may commence a civil action under this subsection whether or not a complaint has been filed under [section 3610(a) of this title](/usc/42/3610.md?p=a) and without regard to the status of any such complaint, but if the [Secretary](/usc/42/3602.md?p=a) or a [State](/usc/42/3602.md?p=g) or local agency has obtained a [conciliation agreement](/usc/42/3602.md?p=m) with the consent of an [aggrieved person](/usc/42/3602.md?p=i), no action may be filed under this subsection by such [aggrieved person](/usc/42/3602.md?p=i) with respect to the alleged [discriminatory housing practice](/usc/42/3602.md?p=f) which forms the basis for such complaint except for the purpose of enforcing the terms of such an [agreement](/usc/42/1320b–8.md?p=a-3-A).
  - (3) An [aggrieved person](/usc/42/3602.md?p=i) may not commence a civil action under this subsection with respect to an alleged [discriminatory housing practice](/usc/42/3602.md?p=f) which forms the basis of a charge issued by the [Secretary](/usc/42/3602.md?p=a) if an administrative law judge has commenced a hearing on the record under this subchapter with respect to such charge.
- (b) **Appointment of attorney by court—** Upon application by a [person](/usc/42/3602.md?p=d) alleging a [discriminatory housing practice](/usc/42/3602.md?p=f) or a [person](/usc/42/3602.md?p=d) against whom such a practice is alleged, the court may—
  - (1) appoint an attorney for such [person](/usc/42/3602.md?p=d); or
  - (2) authorize the commencement or continuation of a civil action under [subsection (a)](#a) without the payment of fees, costs, or security, if in the opinion of the court such [person](/usc/42/3602.md?p=d) is financially unable to bear the costs of such action.
- (c) **Relief which may be granted—**
  - (1) In a civil action under [subsection (a)](#a), if the court finds that a [discriminatory housing practice](/usc/42/3602.md?p=f) has occurred or is about to occur, the court may award to the plaintiff actual and punitive [damages](/usc/42/9601.md?p=6), and subject to [subsection (d)](#d), may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate).
  - (2) In a civil action under [subsection (a)](#a), the court, in its discretion, may allow the prevailing party, other than the [United States](/usc/42/403.md?p=k), a reasonable attorney’s fee and costs. The [United States](/usc/42/403.md?p=k) shall be liable for such fees and costs to the same extent as a private [person](/usc/42/3602.md?p=d).
- (d) **Effect on certain sales, encumbrances, and rentals—** Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the [Secretary](/usc/42/3602.md?p=a) or civil action under this subchapter.
- (e) **Intervention by Attorney General—** Upon timely application, the [Attorney General](/usc/42/14902.md?p=6) may intervene in such civil action, if the [Attorney General](/usc/42/14902.md?p=6) certifies that the case is of general public importance. Upon such intervention the [Attorney General](/usc/42/14902.md?p=6) may obtain such relief as would be available to the [Attorney General](/usc/42/14902.md?p=6) under [section 3614(e) of this title](/usc/42/3614.md?p=e) in a civil action to which such section applies.

# §3614. Enforcement by Attorney General

- (a) **Pattern or practice cases—** Whenever the [Attorney General](/usc/42/14902.md?p=6) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that any [person](/usc/42/3602.md?p=d) or group of [persons](/usc/42/3602.md?p=d) is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this subchapter, or that any group of [persons](/usc/42/3602.md?p=d) has been denied any of the rights granted by this subchapter and such denial raises an issue of general public importance, the [Attorney General](/usc/42/14902.md?p=6) may commence a civil action in any appropriate [United States](/usc/42/403.md?p=k) district court.
- (b) **On referral of discriminatory housing practice or conciliation agreement for enforcement—**
  - (1)
    - (A) The [Attorney General](/usc/42/14902.md?p=6) may commence a civil action in any appropriate [United States](/usc/42/403.md?p=k) district court for appropriate relief with respect to a [discriminatory housing practice](/usc/42/3602.md?p=f) referred to the [Attorney General](/usc/42/14902.md?p=6) by the [Secretary](/usc/42/3602.md?p=a) under [section 3610(g) of this title](/usc/42/3610.md?p=g).
    - (B) A civil action under this paragraph may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged [discriminatory housing practice](/usc/42/3602.md?p=f).
  - (2)
    - (A) The [Attorney General](/usc/42/14902.md?p=6) may commence a civil action in any appropriate [United States](/usc/42/403.md?p=k) district court for appropriate relief with respect to breach of a [conciliation agreement](/usc/42/3602.md?p=m) referred to the [Attorney General](/usc/42/14902.md?p=6) by the [Secretary](/usc/42/3602.md?p=a) under [section 3610(c) of this title](/usc/42/3610.md?p=c).
    - (B) A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under [section 3610(c) of this title](/usc/42/3610.md?p=c).
- (c) **Enforcement of subpoenas—** The [Attorney General](/usc/42/14902.md?p=6), on behalf of the [Secretary](/usc/42/3602.md?p=a), or other party at whose request a subpoena is issued, under this subchapter, may enforce such subpoena in appropriate proceedings in the [United States](/usc/42/403.md?p=k) district court for the district in which the [person](/usc/42/3602.md?p=d) to whom the subpoena was addressed resides, was served, or transacts business.
- (d) **Relief which may be granted in civil actions under subsections (a) and (b)—**
  - (1) In a civil action under subsection [(a)](#a) or [(b)](#b), the court—
    - (A) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the [person](/usc/42/3602.md?p=d) responsible for a [violation](/usc/42/2000e–16a.md?p=c) of this subchapter as is necessary to assure the full enjoyment of the rights granted by this subchapter;
    - (B) may award such other relief as the court deems appropriate, including monetary [damages](/usc/42/9601.md?p=6) to [persons](/usc/42/3602.md?p=d) aggrieved; and
    - (C) may, to vindicate the public interest, assess a civil penalty against the [respondent](/usc/42/3602.md?p=n)—
      - (i) in an amount not exceeding $50,000, for a first [violation](/usc/42/2000e–16a.md?p=c); and
      - (ii) in an amount not exceeding $100,000, for any subsequent [violation](/usc/42/2000e–16a.md?p=c).
  - (2) In a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the [United States](/usc/42/403.md?p=k), a reasonable attorney’s fee and costs. The [United States](/usc/42/403.md?p=k) shall be liable for such fees and costs to the extent provided by [section 2412 of title 28](/usc/28/2412.md).
- (e) **Intervention in civil actions—** Upon timely application, any [person](/usc/42/3602.md?p=d) may intervene in a civil action commenced by the [Attorney General](/usc/42/14902.md?p=6) under subsection [(a)](#a) or [(b)](#b) which involves an alleged [discriminatory housing practice](/usc/42/3602.md?p=f) with respect to which such [person](/usc/42/3602.md?p=d) is an [aggrieved person](/usc/42/3602.md?p=i) or a [conciliation agreement](/usc/42/3602.md?p=m) to which such [person](/usc/42/3602.md?p=d) is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under [section 3613 of this title](/usc/42/3613.md).

# §3614–1. Incentives for self-testing and self-correction

- (a) **Privileged information—**
  - (1) **Conditions for privilege—** A report or result of a self-test (as that term is defined by regulation of the [Secretary](/usc/42/3602.md?p=a)) shall be considered to be privileged under [paragraph (2)](#a-2) if any [person](/usc/42/3602.md?p=d)—
    - (A) conducts, or authorizes an independent third party to conduct, a self-test of any aspect of a residential real estate related lending transaction of that [person](/usc/42/3602.md?p=d), or any part of that transaction, in order to determine the level or effectiveness of compliance with this subchapter by that [person](/usc/42/3602.md?p=d); and
    - (B) has identified any possible [violation](/usc/42/2000e–16a.md?p=c) of this subchapter by that [person](/usc/42/3602.md?p=d) and has taken, or is taking, appropriate corrective action to address any such possible [violation](/usc/42/2000e–16a.md?p=c).
  - (2) **Privileged self-test—** If a [person](/usc/42/3602.md?p=d) meets the conditions specified in subparagraphs [(A)](#a-1-A) and [(B)](#a-1-B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test—
    - (A) shall be privileged; and
    - (B) may not be obtained or used by any applicant, department, or agency in any—
      - (i) proceeding or civil action in which one or more [violations](/usc/42/2000e–16a.md?p=c) of this subchapter are alleged; or
      - (ii) examination or investigation relating to compliance with this subchapter.
- (b) **Results of self-testing—**
  - (1) **In general—** No provision of this section may be construed to prevent an [aggrieved person](/usc/42/3602.md?p=i), [complainant](/usc/42/3602.md?p=j), department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a [violation](/usc/42/2000e–16a.md?p=c) of this subchapter is alleged, or in any examination or investigation of compliance with this subchapter if—
    - (A) the [person](/usc/42/3602.md?p=d) to whom the self-test relates or any [person](/usc/42/3602.md?p=d) with lawful access to the report or the results—
      - (i) voluntarily [releases](/usc/42/9601.md?p=22) or discloses all, or any part of, the report or results to the [aggrieved person](/usc/42/3602.md?p=i), [complainant](/usc/42/3602.md?p=j), department, or agency, or to the general public; or
      - (ii) refers to or describes the report or results as a defense to charges of [violations](/usc/42/2000e–16a.md?p=c) of this subchapter against the [person](/usc/42/3602.md?p=d) to whom the self-test relates; or
    - (B) the report or results are sought in conjunction with an adjudication or admission of a [violation](/usc/42/2000e–16a.md?p=c) of this subchapter for the sole purpose of determining an appropriate penalty or remedy.
  - (2) **Disclosure for determination of penalty or remedy—** Any report or results of a self-test that are disclosed for the purpose specified in [paragraph (1)(B)](#b-1-B)—
    - (A) shall be used only for the particular proceeding in which the adjudication or admission referred to in [paragraph (1)(B)](#b-1-B) is made; and
    - (B) may not be used in any other action or proceeding.
- (c) **Adjudication—** An [aggrieved person](/usc/42/3602.md?p=i), [complainant](/usc/42/3602.md?p=j), department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in—
  - (1) a court of competent jurisdiction; or
  - (2) an administrative law proceeding with appropriate jurisdiction.

# §3614a. Rules to implement subchapter


The [Secretary](/usc/42/3602.md?p=a) may make rules (including rules for the collection, maintenance, and analysis of appropriate data) to carry out this subchapter. The [Secretary](/usc/42/3602.md?p=a) shall give public notice and opportunity for comment with respect to all rules made under this section.


# §3615. Effect on State laws


Nothing in this subchapter shall be construed to invalidate or limit any law of a [State](/usc/42/3602.md?p=g) or political subdivision of a [State](/usc/42/3602.md?p=g), or of any other jurisdiction in which this subchapter shall be effective, that grants, guarantees, or protects the same rights as are granted by this subchapter; but any law of a [State](/usc/42/3602.md?p=g), a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a [discriminatory housing practice](/usc/42/3602.md?p=f) under this subchapter shall to that extent be invalid.


# §3616. Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register


The [Secretary](/usc/42/3602.md?p=a) may cooperate with [State](/usc/42/3602.md?p=g) and local agencies charged with the administration of [State](/usc/42/3602.md?p=g) and local fair [housing](/usc/42/1490p–2.md?p=r-3) laws and, with the consent of such agencies, utilize the services of such agencies and their [employees](/usc/42/1320a–7h.md?p=e-7) and, notwithstanding any other provision of law, may reimburse such agencies and their [employees](/usc/42/1320a–7h.md?p=e-7) for services rendered to assist him in carrying out this subchapter. In furtherance of such cooperative efforts, the [Secretary](/usc/42/3602.md?p=a) may enter into written [agreements](/usc/42/1320b–8.md?p=a-3-A) with such [State](/usc/42/3602.md?p=g) or local agencies. All [agreements](/usc/42/1320b–8.md?p=a-3-A) and terminations thereof shall be published in the Federal Register.


# §3616a. Fair housing initiatives program

- (a) **In general—** The [Secretary](/usc/42/3602.md?p=a) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development (in this section referred to as the “[Secretary](/usc/42/3602.md?p=a)”) may make grants to, or (to the extent of amounts provided in appropriation Acts) enter into contracts or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with, [State](/usc/42/3602.md?p=g) or [local governments](/usc/42/8401a.md) or their agencies, public or private nonprofit organizations or institutions, or other public or [private entities](/usc/42/12181.md?p=6) that are formulating or carrying out [programs](/usc/42/274l–1.md?p=4) to prevent or eliminate [discriminatory housing practices](/usc/42/3602.md?p=f), to develop, implement, carry out, or coordinate—
  - (1) [programs](/usc/42/274l–1.md?p=4) or activities designed to obtain enforcement of the rights granted by title VIII of the Act of April 11, 1968 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.] (commonly referred to as the Civil Rights Act of 1968), or by [State](/usc/42/3602.md?p=g) or local laws that provide rights and remedies for alleged [discriminatory housing practices](/usc/42/3602.md?p=f) that are substantially equivalent to the rights and remedies provided in such title VIII, through such appropriate judicial or administrative proceedings (including informal methods of conference, [conciliation](/usc/42/3602.md?p=l), and persuasion) as are available therefor; and
  - (2) education and outreach [programs](/usc/42/274l–1.md?p=4) designed to inform the public concerning rights and obligations under the laws referred to in [paragraph (1)](#a-1).
- (b) **Private enforcement initiatives—**
  - (1) **In general—** The [Secretary](/usc/42/3602.md?p=a) shall use [funds](/usc/42/12854.md?p=3) made available under this subsection to conduct, through contracts with private nonprofit [fair housing enforcement organizations](#h-2), investigations of [violations](/usc/42/2000e–16a.md?p=c) of the rights granted under title VIII of the Civil Rights Act of 1968 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.], and such enforcement activities as appropriate to remedy such [violations](/usc/42/2000e–16a.md?p=c). The [Secretary](/usc/42/3602.md?p=a) may enter into multiyear contracts and take such other action as is appropriate to enhance the effectiveness of such investigations and enforcement activities.
  - (2) **Activities—** The [Secretary](/usc/42/3602.md?p=a) shall use [funds](/usc/42/12854.md?p=3) made available under this subsection to conduct, through contracts with private nonprofit [fair housing enforcement organizations](#h-2), a range of investigative and enforcement activities designed to—
    - (A) carry out testing and other investigative activities in accordance with [subsection (b)(1)](#b-1), including [building](/usc/42/6881.md?p=i-3) the capacity for [housing](/usc/42/1490p–2.md?p=r-3) investigative activities in unserved or underserved areas;
    - (B) discover and remedy discrimination in the public and private real estate markets and real estate-related transactions, including, but not limited to, the making or purchasing of loans or the provision of other financial assistance sales and rentals of [housing](/usc/42/1490p–2.md?p=r-3) and [housing](/usc/42/1490p–2.md?p=r-3) advertising;
    - (C) carry out special [projects](/usc/42/11360.md?p=20), including the development of prototypes to respond to new or sophisticated forms of discrimination against [persons](/usc/42/3602.md?p=d) protected under title VIII of the Civil Rights Act of 1968 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.];
    - (D) provide technical assistance to local fair [housing](/usc/42/1490p–2.md?p=r-3) organizations, and assist in the formation and development of new fair [housing](/usc/42/1490p–2.md?p=r-3) organizations; and
    - (E) provide [funds](/usc/42/12854.md?p=3) for the costs and expenses of litigation, including expert witness fees.
- (c) **Funding of fair housing organizations—**
  - (1) **In general—** The [Secretary](/usc/42/3602.md?p=a) shall use [funds](/usc/42/12854.md?p=3) made available under this section to enter into contracts or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with [qualified fair housing enforcement organizations](#h-1), other private nonprofit [fair housing enforcement organizations](#h-2), and nonprofit groups organizing to build their capacity to provide fair [housing](/usc/42/1490p–2.md?p=r-3) enforcement, for the purpose of supporting the continued development or implementation of [initiatives](/usc/42/19131.md?p=1) which enforce the rights granted under title VIII of the Civil Rights Act of 1968 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.], as amended. Contracts or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) may not provide more than 50 percent of the operating budget of the [recipient](/usc/42/2996a.md?p=6) organization for any one year.
  - (2) **Capacity enhancement—** The [Secretary](/usc/42/3602.md?p=a) shall use [funds](/usc/42/12854.md?p=3) made available under this section to help establish, organize, and build the capacity of [fair housing enforcement organizations](#h-2), particularly in those areas of the country which are currently underserved by [fair housing enforcement organizations](#h-2) as well as those areas where large concentrations of protected classes exist. For purposes of meeting the objectives of this paragraph, the [Secretary](/usc/42/3602.md?p=a) may enter into contracts or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with [qualified fair housing enforcement organizations](#h-1). The [Secretary](/usc/42/3602.md?p=a) shall establish annual goals which reflect the national need for private [fair housing enforcement organizations](#h-2).
- (d) **Education and outreach—**
  - (1) **In general—** The [Secretary](/usc/42/3602.md?p=a), through contracts with one or more [qualified fair housing enforcement organizations](#h-1), other [fair housing enforcement organizations](#h-2), and other nonprofit organizations representing groups of [persons](/usc/42/3602.md?p=d) protected under title VIII of the Civil Rights Act of 1968 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.], shall establish a national education and outreach [program](/usc/42/274l–1.md?p=4). The national [program](/usc/42/274l–1.md?p=4) shall be designed to provide a centralized, coordinated effort for the development and dissemination of fair [housing](/usc/42/1490p–2.md?p=r-3) media products, including—
    - (A) public service announcements, both audio and video;
    - (B) television, radio and print advertisements;
    - (C) posters; and
    - (D) pamphlets and brochures.

    The [Secretary](/usc/42/3602.md?p=a) shall designate a portion of the amounts provided in [subsection (g)(4)](#g-4) for a national [program](/usc/42/274l–1.md?p=4) specifically for activities related to the annual national fair [housing](/usc/42/1490p–2.md?p=r-3) month. The [Secretary](/usc/42/3602.md?p=a) shall encourage cooperation with real estate industry organizations in the national education and outreach [program](/usc/42/274l–1.md?p=4). The [Secretary](/usc/42/3602.md?p=a) shall also encourage the dissemination of educational information and technical assistance to support compliance with the [housing](/usc/42/1490p–2.md?p=r-3) adaptability and accessibility guidelines contained in the Fair Housing Act Amendments of 1988.

  - (2) **Regional and local programs—** The [Secretary](/usc/42/3602.md?p=a), through contracts with [fair housing enforcement organizations](#h-2), other nonprofit organizations representing groups of [persons](/usc/42/3602.md?p=d) protected under title VIII of the Civil Rights Act of 1968 [[42 U.S.C. 3601](/usc/42/3601.md) et seq.], [State](/usc/42/3602.md?p=g) and local agencies certified by the [Secretary](/usc/42/3602.md?p=a) under section 810(f) of the Fair Housing Act [[42 U.S.C. 3610(f)](/usc/42/3610.md?p=f)], or other public or [private entities](/usc/42/12181.md?p=6) that are formulating or carrying out [programs](/usc/42/274l–1.md?p=4) to prevent or eliminate [discriminatory housing practices](/usc/42/3602.md?p=f), shall establish or support education and outreach [programs](/usc/42/274l–1.md?p=4) at the regional and local levels.
  - (3) **Community-based programs—** The [Secretary](/usc/42/3602.md?p=a) shall provide funding to fair [housing](/usc/42/1490p–2.md?p=r-3) organizations and other nonprofit organizations representing groups of [persons](/usc/42/3602.md?p=d) protected under title VIII of the Civil Rights Act of 1968, or other public or [private entities](/usc/42/12181.md?p=6) that are formulating or carrying out [programs](/usc/42/274l–1.md?p=4) to prevent or eliminate [discriminatory housing practices](/usc/42/3602.md?p=f), to support community-based education and outreach activities, including [school](/usc/42/6372.md?p=1), church, and community presentations, conferences, and other educational activities.
- (e) **Program administration—**
  - (1) Not less than 30 days before providing a grant or entering into any contract or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) to carry out activities authorized by this section, the [Secretary](/usc/42/3602.md?p=a) shall submit notification of such proposed grant, contract, or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) (including a description of the geographical distribution of such contracts) to the Committee on Banking, [Housing](/usc/42/1490p–2.md?p=r-3), and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of [Representatives](/usc/42/3058f.md?p=5).
  - (2) Repealed. Pub. L. 104–66, title I, § 1071(d), Dec. 21, 1995, 109 Stat. 720.
- (f) **Regulations—**
  - (1) The [Secretary](/usc/42/3602.md?p=a) shall issue such regulations as may be necessary to carry out the provisions of this section.
  - (2) The [Secretary](/usc/42/3602.md?p=a) shall, for use during the demonstration authorized in this section, establish guidelines for testing activities funded under the private enforcement [initiative](/usc/42/19131.md?p=1) of the fair [housing](/usc/42/1490p–2.md?p=r-3) [initiatives](/usc/42/19131.md?p=1) [program](/usc/42/274l–1.md?p=4). The purpose of such guidelines shall be to ensure that investigations in support of fair [housing](/usc/42/1490p–2.md?p=r-3) enforcement efforts described in [subsection (a)(1)](#a-1) shall develop credible and objective evidence of [discriminatory housing practices](/usc/42/3602.md?p=f). Such guidelines shall apply only to activities funded under this section, shall not be construed to limit or otherwise restrict the use of facts secured through testing not funded under this section in any legal proceeding under Federal fair [housing](/usc/42/1490p–2.md?p=r-3) laws, and shall not be used to restrict individuals or entities, including those participating in the fair [housing](/usc/42/1490p–2.md?p=r-3) [initiatives](/usc/42/19131.md?p=1) [program](/usc/42/274l–1.md?p=4), from pursuing any right or remedy guaranteed by Federal law. Not later than 6 months after the end of the demonstration period authorized in this section,[^1] the [Secretary](/usc/42/3602.md?p=a) shall submit to Congress the evaluation of the [Secretary](/usc/42/3602.md?p=a) of the effectiveness of such guidelines in achieving the purposes of this section.
  - (3) Such regulations shall include provisions governing applications for assistance under this section, and shall require each such application to contain—
    - (A) a description of the assisted activities proposed to be undertaken by the applicant, together with the estimated costs and schedule for completion of such activities;
    - (B) a description of the experience of the applicant in formulating or carrying out [programs](/usc/42/274l–1.md?p=4) to prevent or eliminate [discriminatory housing practices](/usc/42/3602.md?p=f);
    - (C) available information, including studies made by or available to the applicant, indicating the nature and extent of [discriminatory housing practices](/usc/42/3602.md?p=f) occurring in the general location where the applicant proposes to conduct its assisted activities, and the relationship of such activities to such [practices](/usc/42/17061.md?p=19);
    - (D) an estimate of such other public or private resources as may be available to assist the proposed activities;
    - (E) a description of proposed procedures to be used by the applicant for monitoring conduct and evaluating results of the proposed activities; and
    - (F) any additional information required by the [Secretary](/usc/42/3602.md?p=a).
  - (4) Regulations issued under this subsection shall not become effective prior to the expiration of 90 days after the [Secretary](/usc/42/3602.md?p=a) transmits such regulations, in the form such regulations are intended to be published, to the Committee on Banking, [Housing](/usc/42/1490p–2.md?p=r-3), and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of [Representatives](/usc/42/3058f.md?p=5).
  - (5) The [Secretary](/usc/42/3602.md?p=a) shall not obligate or expend any amount under this section before the effective date of the regulations required under this subsection.
- (g) **Authorization of appropriations—** There are authorized to be appropriated to carry out the provisions of this section,[^2] $21,000,000 for fiscal year 1993 and $26,000,000 for fiscal year 1994, of which—
  - (1) not less than $3,820,000 for fiscal year 1993 and $8,500,000 for fiscal year 1994 shall be for private enforcement [initiatives](/usc/42/19131.md?p=1) authorized under [subsection (b)](#b), divided equally between activities specified under [subsection (b)(1)](#b-1) and those specified under [subsection (b)(2)](#b-2);
  - (2) not less than $2,230,000 for fiscal year 1993 and $8,500,000 for fiscal year 1994 shall be for [qualified fair housing enforcement organizations](#h-1) authorized under [subsection (c)(1)](#c-1);
  - (3) not less than $2,010,000 for fiscal year 1993 and $4,000,000 for fiscal year 1994 shall be for the creation of new [fair housing enforcement organizations](#h-2) authorized under [subsection (c)(2)](#c-2); and
  - (4) not less than $2,540,000 for fiscal year 1993 and $5,000,000 for fiscal year 1994 shall be for education and outreach [programs](/usc/42/274l–1.md?p=4) authorized under [subsection (d)](#d), to be divided equally between activities specified under [subsection (d)(1)](#d-1) and those specified under subsections [(d)(2)](#d-2) and [(d)(3)](#d-3).

  Any amount appropriated under this section shall remain available until expended.

- (h) **Qualified fair housing enforcement organization—**
  - (1) The term “qualified fair housing enforcement organization” means any organization that—
    - (A) is organized as a private, tax-exempt, nonprofit, charitable organization;
    - (B) has at least 2 years experience in complaint intake, complaint investigation, testing for fair [housing](/usc/42/1490p–2.md?p=r-3) [violations](/usc/42/2000e–16a.md?p=c) and enforcement of meritorious [claims](/usc/42/1320a–7a.md?p=i-2); and
    - (C) is engaged in all the activities listed in [paragraph (1)(B)](#h-1-B) at the time of application for assistance under this section.

    An organization which is not solely engaged in fair [housing](/usc/42/1490p–2.md?p=r-3) enforcement activities may qualify as a qualified fair housing enforcement organization, provided that the organization is actively engaged in each of the activities listed in [subparagraph (B)](#h-1-B).

  - (2) The term “fair housing enforcement organization” means any organization that—
    - (A) meets the requirements specified in [paragraph (1)(A)](#h-1-A);
    - (B) is currently engaged in the activities specified in [paragraph (1)(B)](#h-1-B);
    - (C) upon the receipt of [funds](/usc/42/12854.md?p=3) under this section will become engaged in all of the activities specified in [paragraph (1)(B)](#h-1-B); and
    - (D) for purposes of funding under [subsection (b)](#b), has at least 1 year of experience in the activities specified in [paragraph (1)(B)](#h-1-B).
- (i) **Prohibition on use of funds—** None of the [funds](/usc/42/12854.md?p=3) authorized under this section may be used by the [Secretary](/usc/42/3602.md?p=a) for purposes of settling [claims](/usc/42/1320a–7a.md?p=i-2), satisfying judgments or fulfilling court orders in any litigation action involving either the Department or [housing](/usc/42/1490p–2.md?p=r-3) providers funded by the Department. None of the [funds](/usc/42/12854.md?p=3) authorized under this section may be used by the Department for administrative costs.
- (j) **Reporting requirements—** Not later than 180 days after the close of each fiscal year in which assistance under this section is furnished, the [Secretary](/usc/42/3602.md?p=a) shall prepare and submit to the Congress a comprehensive report which shall contain—
  - (1) a description of the progress made in accomplishing the objectives of this section;
  - (2) a summary of all the private enforcement activities carried out under this section and the use of such [funds](/usc/42/12854.md?p=3) during the preceding fiscal year;
  - (3) a list of all [fair housing enforcement organizations](#h-2) funded under this section during the preceding fiscal year, identified on a [State](/usc/42/3602.md?p=g)-by-[State](/usc/42/3602.md?p=g) basis;
  - (4) a summary of all education and outreach activities funded under this section and the use of such [funds](/usc/42/12854.md?p=3) during the preceding fiscal year; and
  - (5) any findings, conclusions, or recommendations of the [Secretary](/usc/42/3602.md?p=a) as a result of the funded activities.

# §3617. Interference, coercion, or intimidation


It shall be unlawful to coerce, intimidate, threaten, or interfere with any [person](/usc/42/3602.md?p=d) in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other [person](/usc/42/3602.md?p=d) in the exercise or enjoyment of, any right granted or protected by section [3603](/usc/42/3603.md), [3604](/usc/42/3604.md), [3605](/usc/42/3605.md), or [3606](/usc/42/3606.md) of this title.


# §3618. Authorization of appropriations


There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subchapter.


# §3619. Separability


If any provision of this subchapter or the application thereof to any [person](/usc/42/3602.md?p=d) or circumstances is held invalid, the remainder of the subchapter and the application of the provision to other [persons](/usc/42/3602.md?p=d) not similarly situated or to other circumstances shall not be affected thereby.