---
kind: "section"
citation: "42 U.S.C. § 3610"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3610"
heading: "Administrative enforcement; preliminary matters"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3610"
units:
  - "Chapter 45 — Fair Housing"
  - "Subchapter I — Generally"
---

# §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, 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 [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 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 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 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.
- (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, the Attorney General 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, 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) before taking any action with respect to such complaint.

  - (2) Except with the consent of such certified [agency](/usc/42/8262.md?p=1), 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1), 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) under this subsection only if the [Secretary](/usc/42/3602.md?p=a) determines that—
      - (i) the substantive rights protected by such [agency](/usc/42/8262.md?p=1) in the jurisdiction with respect to which certification is to be made;
      - (ii) the procedures followed by such [agency](/usc/42/8262.md?p=1);
      - (iii) the remedies available to such [agency](/usc/42/8262.md?p=1); and
      - (iv) the availability of judicial review of such [agency](/usc/42/8262.md?p=1)’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](/usc/42/8262.md?p=1).
  - (4) During the period which begins on September 13, 1988, and ends 40 months after September 13, 1988, each [agency](/usc/42/8262.md?p=1) certified (including an [agency](/usc/42/8262.md?p=1) certified for interim referrals pursuant to 24 CFR 115.11, unless such [agency](/usc/42/8262.md?p=1) is subsequently denied recognition under 24 CFR 115.7) 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](/usc/42/8262.md?p=1) was certified on September 13, 1988. If the [Secretary](/usc/42/3602.md?p=a) determines in an individual case that an [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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 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 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 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 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 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 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.

## Source credit

(Pub. L. 90–284, title VIII, § 810, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1625.)

## Notes

### Editorial Notes

### References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (e)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

### Prior Provisions

A prior section 3610, Pub. L. 90–284, title VIII, § 810, Apr. 11, 1968, 82 Stat. 85, related to enforcement, prior to repeal by Pub. L. 100–430, § 8(2).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an Effective Date of 1988 Amendment note under section 3601 of this title.