US (United States) Code. Title 42. Chapter 45: Fair housing

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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42 USC CHAPTER 45 - FAIR HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

-HEAD-

CHAPTER 45 - FAIR HOUSING

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

3601. Declaration of policy.

3602. Definitions.

3603. Effective dates of certain prohibitions.

(a) Application to certain described dwellings.

(b) Exemptions.

(c) Business of selling or renting dwellings

defined.

3604. Discrimination in the sale or rental of housing and

other prohibited practices.

3605. Discrimination in residential real estate-related

transactions.

(a) In general.

(b) "Residential real estate-related transaction"

defined.

(c) Appraisal exemption.

3606. Discrimination in the provision of brokerage services.

3607. Religious organization or private club exemption.

3608. Administration.

(a) Authority and responsibility.

(b) Assistant Secretary.

(c) Delegation of authority; appointment of

administrative law judges; location of

conciliation meetings; administrative review.

(d) Cooperation of Secretary and executive

departments and agencies in administration of

housing and urban development programs and

activities to further fair housing purposes.

(e) Functions of Secretary.

(f) Provisions of law applicable to Department

programs.

3608a. Collection of certain data.

(a) In general.

(b) Reports to Congress.

3609. Education and conciliation; conferences and

consultations; reports.

3610. Administrative enforcement; preliminary matters.

(a) Complaints and answers.

(b) Investigative report and conciliation.

(c) Failure to comply with conciliation agreement.

(d) Prohibitions and requirements with respect to

disclosure of information.

(e) Prompt judicial action.

(f) Referral for State or local proceedings.

(g) Reasonable cause determination and effect.

(h) Service of copies of charge.

3611. Subpoenas; giving of evidence.

(a) In general.

(b) Witness fees.

(c) Criminal penalties.

3612. Enforcement by Secretary.

(a) Election of judicial determination.

(b) Administrative law judge hearing in absence of

election.

(c) Rights of parties.

(d) Expedited discovery and hearing.

(e) Resolution of charge.

(f) Effect of trial of civil action on

administrative proceedings.

(g) Hearings, findings and conclusions, and order.

(h) Review by Secretary; service of final order.

(i) Judicial review.

(j) Court enforcement of administrative order upon

petition by Secretary.

(k) Relief which may be granted.

(l) Enforcement decree in absence of petition for

review.

(m) Court enforcement of administrative order upon

petition of any person entitled to relief.

(n) Entry of decree.

(o) Civil action for enforcement when election is

made for such civil action.

(p) Attorney's fees.

3613. Enforcement by private persons.

(a) Civil action.

(b) Appointment of attorney by court.

(c) Relief which may be granted.

(d) Effect on certain sales, encumbrances, and

rentals.

(e) Intervention by Attorney General.

3614. Enforcement by Attorney General.

(a) Pattern or practice cases.

(b) On referral of discriminatory housing practice

or conciliation agreement for enforcement.

(c) Enforcement of subpoenas.

(d) Relief which may be granted in civil actions

under subsections (a) and (b).

(e) Intervention in civil actions.

3614-1. Incentives for self-testing and self-correction.

(a) Privileged information.

(b) Results of self-testing.

(c) Adjudication.

3614a. Rules to implement subchapter.

3615. Effect on State laws.

3616. Cooperation with State and local agencies

administering fair housing laws; utilization of

services and personnel; reimbursement; written

agreements; publication in Federal Register.

3616a. Fair housing initiatives program.

(a) In general.

(b) Private enforcement initiatives.

(c) Funding of fair housing organizations.

(d) Education and outreach.

(e) Program administration.

(f) Regulations.

(g) Authorization of appropriations.

(h) Qualified fair housing enforcement

organization.

(i) Prohibition on use of funds.

(j) Reporting requirements.

3617. Interference, coercion, or intimidation.

3618. Authorization of appropriations.

3619. Separability.

SUBCHAPTER II - PREVENTION OF INTIMIDATION

3631. Violations; penalties.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5304 of this title.

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42 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1437c-1, 1437d, 1437f,

1437aaa-1, 1437aaa-2, 3535, 3608a, 3616a, 4621, 5304, 5306, 5307,

6727, 8013, 11386, 11394, 12181, 12754, 12872, 12873, 12892, 12893,

12899b, 12899c, 13603, 15024 of this title; title 12 sections

1701q, 1708, 1715z-13b, 4545; title 15 section 1691e; title 25

sections 4131, 4223; title 31 section 6711; title 49 section 70304.

-End-

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42 USC Sec. 3601 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3601. Declaration of policy

-STATUTE-

It is the policy of the United States to provide, within

constitutional limitations, for fair housing throughout the United

States.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 801, Apr. 11, 1968, 82 Stat. 81.)

-MISC1-

EFFECTIVE DATE OF 1988 AMENDMENT

Pub. L. 100-430, Sec. 13(a), Sept. 13, 1988, 102 Stat. 1636,

provided that: "This Act and the amendments made by this Act [see

Short Title of 1988 Amendment note below] shall take effect on the

180th day beginning after the date of the enactment of this Act

[Sept. 13, 1988]."

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-76, Sec. 1, Dec. 28, 1995, 109 Stat. 787, provided

that: "This Act [amending section 3607 of this title] may be cited

as the 'Housing for Older Persons Act of 1995'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-430, Sec. 1, Sept. 13, 1988, 102 Stat. 1619, provided

that: "This Act [enacting sections 3610 to 3614a of this title,

amending sections 3602, 3604 to 3608, 3615 to 3619, and 3631 of

this title and sections 2341 and 2342 of Title 28, Judiciary and

Judicial Procedure, repealing former sections 3610 to 3613 of this

title, and enacting provisions set out as notes under this section

and section 3602 of this title] may be cited as the 'Fair Housing

Amendments Act of 1988'."

SHORT TITLE

Section 1 of Pub. L. 90-284, as added by Pub. L. 100-430, Sec. 2,

Sept. 13, 1988, 102 Stat. 1619, provided: "That this Act [enacting

this chapter, sections 231 to 233, 245, 2101, and 2102 of Title 18,

Crimes and Criminal Procedure, and sections 1301 to 1303, 1311,

1312, 1321 to 1326, 1331, and 1341 of Title 25, Indians, amending

sections 1973j, 3533, 3535 of this title, and sections 241, 242,

and 1153 of Title 18, enacting provisions set out as notes under

sections 231 and 245 of Title 18, and repealing provisions set out

as notes under section 1360 of Title 28, Judiciary and Judicial

Procedure] may be cited as the 'Civil Rights Act of 1968'."

Section 800 of Pub. L. 90-284, title VIII, as added by Pub. L.

100-430, Sec. 4, Sept. 13, 1988, 102 Stat. 1619, provided that:

"This title [enacting this subchapter and amending sections 3533

and 3535 of this title] may be cited as the 'Fair Housing Act'."

SEPARABILITY

Pub. L. 100-430, Sec. 14, Sept. 13, 1988, 102 Stat. 1636,

provided that: "If any provision of this Act [see Short Title of

1988 Amendment note above] or the application thereof to any person

or circumstances is held invalid, the remainder of the Act and the

application of the provision to other persons not similarly

situated or to other circumstances shall not be affected thereby."

DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS

Pub. L. 100-430, Sec. 12, Sept. 13, 1988, 102 Stat. 1636,

provided that: "Nothing in the Fair Housing Act [this subchapter]

as amended by this Act [see Short Title of 1988 Amendment note

above] limits any right, procedure, or remedy available under the

Constitution or any other Act of the Congress not so amended."

INITIAL RULEMAKING

Pub. L. 100-430, Sec. 13(b), Sept. 13, 1988, 102 Stat. 1636,

provided that: "In consultation with other appropriate Federal

agencies, the Secretary shall, not later than the 180th day after

the date of the enactment of this Act [Sept. 13, 1988], issue rules

to implement title VIII [this subchapter] as amended by this Act

[see Short Title of 1988 Amendment note above]. The Secretary shall

give public notice and opportunity for comment with respect to such

rules."

FEDERALLY PROTECTED ACTIVITIES; PENALTIES

Penalties for violations respecting federally protected

activities not applicable to and not affecting activities under

this subchapter, see section 101(b) of Pub. L. 90-284, set out as a

note under section 245 of Title 18, Crimes and Criminal Procedure.

-End-

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42 USC Sec. 3602 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3602. Definitions

-STATUTE-

As used in this subchapter -

(a) "Secretary" means the Secretary of Housing and Urban

Development.

(b) "Dwelling" means any building, structure, or portion thereof

which is occupied as, or designed or intended for occupancy as, a

residence by one or more families, and any vacant land which is

offered for sale or lease for the construction or location thereon

of any such building, structure, or portion thereof.

(c) "Family" includes a single individual.

(d) "Person" includes one or more individuals, corporations,

partnerships, associations, labor organizations, legal

representatives, mutual companies, joint-stock companies, trusts,

unincorporated organizations, trustees, trustees in cases under

title 11, 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, 3605, 3606, or 3617 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.

(h) "Handicap" means, with respect to a person -

(1) a physical or mental impairment which substantially limits

one or more of such person'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 (as defined in section 802 of title 21).

(i) "Aggrieved person" includes any person who -

(1) claims to have been injured by a discriminatory housing

practice; or

(2) believes that such person will be injured by a

discriminatory housing practice that is about to occur.

(j) "Complainant" means the person (including the Secretary) who

files a complaint under section 3610 of this title.

(k) "Familial status" means one or more individuals (who have not

attained the age of 18 years) being domiciled with -

(1) a parent or another person having legal custody of such

individual or individuals; or

(2) the designee of such parent or other person having such

custody, with the written permission of such parent or other

person.

The protections afforded against discrimination on the basis of

familial status shall apply to any person 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, the

respondent, and the Secretary.

(m) "Conciliation agreement" means a written agreement setting

forth the resolution of the issues in conciliation.

(n) "Respondent" means -

(1) the person or other entity accused in a complaint of an

unfair housing practice; and

(2) any other person or entity identified in the course of

investigation and notified as required with respect to

respondents so identified under section 3610(a) of this title.

(o) "Prevailing party" has the same meaning as such term has in

section 1988 of this title.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 802, Apr. 11, 1968, 82 Stat. 81;

Pub. L. 95-598, title III, Sec. 331, Nov. 6, 1978, 92 Stat. 2679;

Pub. L. 100-430, Sec. 5, Sept. 13, 1988, 102 Stat. 1619.)

-MISC1-

AMENDMENTS

1988 - Subsec. (f). Pub. L. 100-430, Sec. 5(a), substituted

"3606, or 3617" for "or 3606".

Subsecs. (h) to (o). Pub. L. 100-430, Sec. 5(b), added subsecs.

(h) to (o).

1978 - Subsec. (d). Pub. L. 95-598 substituted "trustees in cases

under title 11" for "trustees in bankruptcy".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

TRANSVESTISM

Section 6(b)(3) of Pub. L. 100-430 provided that: "For the

purposes of this Act [see Short Title of 1988 Amendment note set

out under section 3601 of this title] as well as chapter 16 of

title 29 of the United States Code [29 U.S.C. 701 et seq.], neither

the term 'individual with handicaps' nor the term 'handicap' shall

apply to an individual solely because that individual is a

transvestite."

-End-

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42 USC Sec. 3603 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3603. Effective dates of certain prohibitions

-STATUTE-

(a) Application to certain described dwellings

Subject to the provisions of subsection (b) of this section and

section 3607 of this title, the prohibitions against discrimination

in the sale or rental of housing set forth in section 3604 of this

title shall apply:

(1) Upon enactment of this subchapter, to -

(A) dwellings owned or operated by the Federal Government;

(B) dwellings provided in whole or in part with the aid of

loans, advances, grants, or contributions made by the Federal

Government, under agreements entered into after November 20,

1962, unless payment due thereon has been made in full prior to

April 11, 1968;

(C) dwellings provided in whole or in part by loans insured,

guaranteed, or otherwise secured by the credit of the Federal

Government, under agreements 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

solely by virtue of the fact that they are subject to mortgages

held by an FDIC or FSLIC institution; and

(D) dwellings provided by the development or the redevelopment

of real property purchased, rented, or otherwise obtained from a

State or local public agency 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 covered by

paragraph (1) and to all other dwellings except as exempted by

subsection (b) of this section.

(b) Exemptions

Nothing in section 3604 of this title (other than subsection (c))

shall apply to -

(1) any single-family house sold or rented by an owner:

Provided, That such private individual owner does not own more

than three such single-family houses at any one time: Provided

further, That in the case of the sale of any such single-family

house by a private individual owner 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 does not own any interest in, nor

is there owned or reserved on his behalf, under any express or

voluntary agreement, title to or any right to all or a portion of

the proceeds from the sale or rental of, more than three such

single-family houses at any one time: Provided further, That

after December 31, 1969, the sale or rental of any such

single-family 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 or the

sales or rental services of any real estate broker, agent, or

salesman, or of such facilities or services of any person in the

business of selling or renting dwellings, or of any employee or

agent of any such broker, agent, salesman, or person and (B)

without the publication, posting or mailing, after notice, of any

advertisement or written notice in violation of section 3604(c)

of this title; 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 in dwellings containing living quarters

occupied or intended to be occupied by no more than four families

living independently of each other, if the owner 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) of this section, a person

shall be deemed to be in the business of selling or renting

dwellings 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 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 or sales or rental services

in two or more transactions involving the sale or rental of any

dwelling or any interest therein, or

(3) he is the owner of any dwelling designed or intended for

occupancy by, or occupied by, five or more families.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 803, Apr. 11, 1968, 82 Stat. 82.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3604, 3617 of this title.

-End-

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42 USC Sec. 3604 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3604. Discrimination in the sale or rental of housing and

other prohibited practices

-STATUTE-

As made applicable by section 3603 of this title and except as

exempted by sections 3603(b) and 3607 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 to any person

because of race, color, religion, sex, familial status, or national

origin.

(b) To discriminate against any person in the terms, conditions,

or privileges of sale or rental of a dwelling, or in the provision

of services or facilities in connection therewith, because of race,

color, religion, sex, familial status, or national origin.

(c) To make, print, or publish, or cause to be made, printed, or

published any notice, statement, or advertisement, with respect to

the sale or rental of a dwelling that indicates any preference,

limitation, or discrimination based on race, color, religion, sex,

handicap, familial status, or national origin, or an intention to

make any such preference, limitation, or discrimination.

(d) To represent to any person because of race, color, religion,

sex, handicap, familial status, or national origin that any

dwelling is not available for inspection, sale, or rental when such

dwelling is in fact so available.

(e) For profit, to induce or attempt to induce any person to sell

or rent any dwelling by representations regarding the entry or

prospective entry into the neighborhood of a person or persons of a

particular race, color, religion, sex, handicap, familial status,

or national origin.

(f)(1) To discriminate in the sale or rental, or to otherwise

make unavailable or deny, a dwelling to any buyer or renter because

of a handicap of -

(A) that buyer or renter,(!1)

(B) a person residing in or intending to reside in that

dwelling after it is so sold, rented, or made available; or

(C) any person associated with that buyer or renter.

(2) To discriminate against any person in the terms, conditions,

or privileges of sale or rental of a dwelling, or in the provision

of services or facilities in connection with such dwelling, because

of a handicap of -

(A) that person; or

(B) a person residing in or intending to reside in that

dwelling after it is so sold, rented, or made available; or

(C) any person associated with that person.

(3) For purposes of this subsection, discrimination includes -

(A) a refusal to permit, at the expense of the handicapped

person, reasonable modifications of existing premises occupied or

to be occupied by such person if such modifications may be

necessary to afford such person 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 on

the renter agreeing to restore the interior of the premises to

the condition that existed before the modification, reasonable

wear and tear excepted.(!2)

(B) a refusal to make reasonable accommodations in rules,

policies, practices, or services, when such accommodations may be

necessary to afford such person equal opportunity to use and

enjoy a dwelling; or

(C) in connection with the design and construction of covered

multifamily dwellings for first occupancy after the date that is

30 months after September 13, 1988, a failure to design and

construct those dwellings in such a manner that -

(i) the public use and common use portions of such dwellings

are readily accessible to and usable by handicapped persons;

(ii) all the doors designed to allow passage into and within

all premises within such dwellings are sufficiently wide to

allow passage by handicapped persons in wheelchairs; and

(iii) all premises within such dwellings contain the

following features of adaptive design:

(I) an accessible route into and through the dwelling;

(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 for buildings and facilities providing

accessibility and usability for physically handicapped people

(commonly cited as "ANSI A117.1") suffices to satisfy the

requirements of paragraph (3)(C)(iii).

(5)(A) If a State or unit of general local government has

incorporated into its laws the requirements set forth in paragraph

(3)(C), compliance with such laws shall be deemed to satisfy the

requirements of that paragraph.

(B) A State or unit of general local government may review and

approve newly constructed covered multifamily dwellings for the

purpose of making determinations as to whether the design and

construction requirements of paragraph (3)(C) are met.

(C) The Secretary shall encourage, but may not require, States

and units of local government to include in their existing

procedures for the review and approval of newly constructed covered

multifamily dwellings, determinations as to whether the design and

construction of such dwellings are consistent with paragraph

(3)(C), and shall provide technical assistance to States and units

of local government and other persons to implement the requirements

of paragraph (3)(C).

(D) Nothing in this subchapter shall be construed to require the

Secretary to review or approve the plans, designs or construction

of all covered multifamily dwellings, to determine whether the

design and construction of such dwellings are consistent with the

requirements of paragraph 3(C).

(6)(A) Nothing in paragraph (5) shall be construed to affect the

authority and responsibility of the Secretary or a State or local

public agency certified pursuant to section 3610(f)(3) of this

title to receive and process complaints or otherwise engage in

enforcement activities under this subchapter.

(B) Determinations by a State or a unit of general local

government under paragraphs (5)(A) and (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 consisting of 4 or more units if such buildings

have one or more elevators; and

(B) ground floor units in other buildings consisting of 4 or

more units.

(8) Nothing in this subchapter shall be construed to invalidate

or limit any law of a State or political subdivision of a State, or

other jurisdiction in which this subchapter shall be effective,

that requires dwellings to be designed and constructed in a manner

that affords handicapped persons greater access than is required by

this subchapter.

(9) Nothing in this subsection requires that a dwelling 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.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 804, Apr. 11, 1968, 82 Stat. 83;

Pub. L. 93-383, title VIII, Sec. 808(b)(1), Aug. 22, 1974, 88 Stat.

729; Pub. L. 100-430, Secs. 6(a)-(b)(2), (e), 15, Sept. 13, 1988,

102 Stat. 1620, 1622, 1623, 1636.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-430, Sec. 6(e), inserted "and other prohibited

practices" in section catchline.

Subsecs. (a), (b). Pub. L. 100-430, Sec. 6(b)(2), inserted

"familial status," after "sex,".

Subsecs. (c) to (e). Pub. L. 100-430, Sec. 6(b)(1), inserted

"handicap, familial status," after "sex,".

Subsec. (f). Pub. L. 100-430, Sec. 6(a), added subsec. (f).

Subsec. (f)(3)(A). Pub. L. 100-430, Sec. 15, which directed the

substitution of "except that, in the case of a rental, the landlord

may where it is reasonable to do so condition permission for a

modification on the renter agreeing to restore the interior of the

premises to the condition that existed before the modification,

reasonable wear and tear excepted." for the period at the end of

subpar. (A) was executed by making the substitution for a semicolon

as the probable intent of Congress because subpar. (A) ended with a

semicolon, not a period.

1974 - Pub. L. 93-383 inserted ", sex" after "religion" wherever

appearing in cls. (a) to (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3603, 3617 of this

title.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

(!2) So in original. The period probably should be a semicolon.

-End-

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42 USC Sec. 3605 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3605. Discrimination in residential real estate-related

transactions

-STATUTE-

(a) In general

It shall be unlawful for any person or other entity whose

business includes engaging in residential real estate-related

transactions to discriminate against any person in making available

such a transaction, or in the terms or conditions of such a

transaction, because of race, color, religion, sex, handicap,

familial status, 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; 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 engaged in the

business of furnishing appraisals of real property to take into

consideration factors other than race, color, religion, national

origin, sex, handicap, or familial status.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 805, Apr. 11, 1968, 82 Stat. 83;

Pub. L. 93-383, title VIII, Sec. 808(b)(2), Aug. 22, 1974, 88 Stat.

729; Pub. L. 100-430, Sec. 6(c), Sept. 13, 1988, 102 Stat. 1622.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-430 amended section generally. Prior to

amendment, section read as follows: "After December 31, 1968, it

shall be unlawful for any bank, building and loan association,

insurance company or other corporation, association, firm or

enterprise whose business consists in whole or in part in the

making of commercial real estate loans, to deny a loan or other

financial assistance to a person applying therefor for the purpose

of purchasing, constructing, improving, repairing, or maintaining a

dwelling, or to discriminate against him in the fixing of the

amount, interest rate, duration, or other terms or conditions of

such loan or other financial assistance, because of the race,

color, religion, sex, or national origin of such person or of any

person associated with him in connection with such loan or other

financial assistance or the purposes of such loan or other

financial assistance, or of the present or prospective owners,

lessees, tenants, or occupants of the dwelling or dwellings in

relation to which such loan or other financial assistance is to be

made or given: Provided, That nothing contained in this section

shall impair the scope or effectiveness of the exception contained

in section 3603(b) of this title."

1974 - Pub. L. 93-383 inserted ", sex" after "religion".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3617 of this title;

title 15 section 1691e.

-End-

-CITE-

42 USC Sec. 3606 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3606. Discrimination in the provision of brokerage services

-STATUTE-

After December 31, 1968, it shall be unlawful to deny any person

access to or membership or participation in any multiple-listing

service, real estate brokers' organization or other service,

organization, or facility relating to the business of selling or

renting dwellings, or to discriminate against him in the terms or

conditions of such access, membership, or participation, on account

of race, color, religion, sex, handicap, familial status, or

national origin.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 806, Apr. 11, 1968, 82 Stat. 84;

Pub. L. 93-383, title VIII, Sec. 808(b)(3), Aug. 22, 1974, 88 Stat.

729; Pub. L. 100-430, Sec. 6(b)(1), Sept. 13, 1988, 102 Stat.

1622.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-430 inserted "handicap, familial status,"

after "sex,".

1974 - Pub. L. 93-383 inserted ", sex" after "religion".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3617 of this title.

-End-

-CITE-

42 USC Sec. 3607 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3607. Religious organization or private club exemption

-STATUTE-

(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 which it

owns or operates for other than a commercial purpose to persons of

the same religion, or from giving preference to such persons,

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, or Federal restrictions regarding the

maximum number of occupants permitted to occupy a dwelling. Nor

does any provision in this subchapter regarding familial status

apply with respect to housing for older persons.

(2) As used in this section, "housing for older persons" means

housing -

(A) provided under any State or Federal program that the

Secretary determines is specifically designed and operated to

assist elderly persons (as defined in the State or Federal

program); or

(B) intended for, and solely occupied by, persons 62 years of

age or older; or

(C) intended and operated for occupancy by persons 55 years of

age or older, and -

(i) at least 80 percent of the occupied units are occupied by

at least one person who is 55 years of age or older;

(ii) the housing facility or community publishes and adheres

to policies and procedures that demonstrate the intent required

under this subparagraph; and

(iii) the housing facility or community complies with rules

issued by the Secretary 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). Such surveys and affidavits shall

be admissible in administrative and judicial proceedings for

the purposes of such verification.

(3) Housing shall not fail to meet the requirements for housing

for older persons by reason of:

(A) persons residing in such housing 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 meet the age

requirements of subsections (!1) (2)(B) or (C); or

(B) unoccupied units: Provided, That such units are reserved

for occupancy by persons who meet the age requirements of

subsections (!1) (2)(B) or (C).

(4) Nothing in this subchapter prohibits conduct against a person

because such person has been convicted by any court of competent

jurisdiction of the illegal manufacture or distribution of a

controlled substance as defined in section 802 of title 21.

(5)(A) A person shall not be held personally liable for monetary

damages for a violation of this subchapter if such person

reasonably relied, in good faith, on the application of the

exemption under this subsection relating to housing for older

persons.

(B) For the purposes of this paragraph, a person may only show

good faith reliance on the application of the exemption by showing

that -

(i) such person has no actual knowledge that the facility or

community is not, or will not be, eligible for such exemption;

and

(ii) the facility or community has stated formally, in writing,

that the facility or community complies with the requirements for

such exemption.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 807, Apr. 11, 1968, 82 Stat. 84;

Pub. L. 100-430, Sec. 6(d), Sept. 13, 1988, 102 Stat. 1622; Pub. L.

104-76, Secs. 2, 3, Dec. 28, 1995, 109 Stat. 787.)

-COD-

CODIFICATION

September 13, 1988, referred to in subsec. (b)(3)(A), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 100-430, which enacted

subsec. (b) of this section, to reflect the probable intent of

Congress.

-MISC1-

AMENDMENTS

1995 - Subsec. (b)(2)(C). Pub. L. 104-76, Sec. 2, amended subpar.

(C) generally. Prior to amendment, subpar. (C) read as follows:

"intended and operated for occupancy by at least one person 55

years of age or older per unit. In determining whether housing

qualifies as housing for older persons under this subsection, the

Secretary shall develop regulations which require at least the

following factors:

"(i) the existence of significant facilities and services

specifically designed to meet the physical or social needs of

older persons, or if the provision of such facilities and

services is not practicable, that such housing is necessary to

provide important housing opportunities for older persons; and

"(ii) that at least 80 percent of the units are occupied by at

least one person 55 years of age or older per unit; and

"(iii) the publication of, and adherence to, policies and

procedures which demonstrate an intent by the owner or manager to

provide housing for persons 55 years of age or older."

Subsec. (b)(5). Pub. L. 104-76, Sec. 3, added par. (5).

1988 - Pub. L. 100-430 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

REGULATIONS

Pub. L. 102-550, title IX, Sec. 919, Oct. 28, 1992, 106 Stat.

3883, provided that: "The Secretary of Housing and Urban

Development shall, not later than 180 days after the date of the

enactment of this Act [Oct. 28, 1992], make rules defining what are

'significant facilities and services especially designed to meet

the physical or social needs of older persons' required under

section 807(b)(2) of the Fair Housing Act [42 U.S.C. 3607(b)(2)] to

meet the definition of the term 'housing for older persons' in such

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3603, 3604 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph".

-End-

-CITE-

42 USC Sec. 3608 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3608. Administration

-STATUTE-

(a) Authority and responsibility

The authority and responsibility for administering this Act shall

be in the Secretary of Housing and Urban Development.

(b) Assistant Secretary

The Department of Housing and Urban Development shall be provided

an additional Assistant Secretary.

(c) Delegation of authority; appointment of administrative law

judges; location of conciliation meetings; administrative review

The Secretary may delegate any of his functions, duties, and

powers to employees of the Department of Housing and Urban

Development or to boards of such employees, 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 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 and Urban Development in

compliance with sections 3105, 3344, 5372, and 7521 of title 5.

Insofar as possible, conciliation meetings shall be held in the

cities or other localities where the discriminatory housing

practices allegedly occurred. The Secretary 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 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 and activities relating to housing and urban development

(including any Federal agency having regulatory or supervisory

authority over financial institutions) in a manner affirmatively to

further the purposes of this subchapter and shall cooperate with

the Secretary to further such purposes.

(e) Functions of Secretary

The Secretary of Housing and Urban Development shall -

(1) make studies with respect to the nature and extent of

discriminatory housing practices in representative communities,

urban, suburban, and rural, throughout the United States;

(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 and

furthering the purposes of this subchapter, obstacles remaining

to achieving equal housing 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;

(ii) determinations are not made within the time specified

in section 3610(g) of this title; and

(iii) hearings are not commenced or findings and

conclusions are not made as required by section 3612(g) of

this title;

(3) cooperate with and render technical assistance to Federal,

State, local, and other public or private agencies,

organizations, and institutions which are formulating or carrying

on programs to prevent or eliminate discriminatory housing

practices;

(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;

(5) administer the programs and activities relating to housing

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, and family characteristics of persons and

households who are applicants for, participants in, or

beneficiaries or potential beneficiaries of, programs

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) of this section which apply

to such programs (and in order to develop the data to be included

and made available to the public under this subsection, the

Secretary shall, without regard to any other provision of law,

collect such information relating to those characteristics as the

Secretary 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) of this section applies are -

(1) title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d

et seq.];

(2) this subchapter;

(3) section 794 of title 29;

(4) the Age Discrimination Act of 1975 [42 U.S.C. 6101 et

seq.];

(5) the Equal Credit Opportunity Act [15 U.S.C. 1691 et seq.];

(6) section 1982 of this title;

(7) section 637(a) of title 15;

(8) section 1735f-5 of title 12;

(9) section 5309 of this title;

(10) section 1701u of title 12;

(11) Executive orders 11063, 11246, 11625, 12250, 12259, and

12432; and

(12) any other provision of law which the Secretary specifies

by publication in the Federal Register for the purpose of this

subsection.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 808, Apr. 11, 1968, 82 Stat. 84;

Pub. L. 95-251, Sec. 3, Mar. 27, 1978, 92 Stat. 184; Pub. L.

95-454, title VIII, Sec. 801(a)(3)(J), Oct. 13, 1978, 92 Stat.

1222; Pub. L. 100-430, Sec. 7, Sept. 13, 1988, 102 Stat. 1623.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), means Pub. L. 90-284, Apr.

11, 1968, 82 Stat. 73, as amended, known as the Civil Rights Act of

1968, which enacted this chapter, sections 231 to 233, 245, 2101,

and 2102 of Title 18, Crimes and Criminal Procedure, and sections

1301 to 1303, 1311, 1312, 1321 to 1326, 1331, and 1341 of Title 25,

Indians, amended sections 1973j, 3533, 3535 of this title, and

sections 241, 242, and 1153 of Title 18, enacted provisions set out

as notes under sections 231 and 245 of Title 18, and repealed

provisions set out as notes under section 1360 of Title 28,

Judiciary and Judicial Procedure. For complete classification of

this Act to the Code, see Tables.

The Civil Rights Act of 1964, referred to in subsec. (f)(1), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Civil Rights Act of 1964 is classified generally to subchapter

V (Sec. 2000d et seq.) of chapter 21 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of this title and Tables.

The Age Discrimination Act of 1975, referred to in subsec.

(f)(4), is title III of Pub. L. 94-135, Nov. 28, 1975, 78 Stat.

728, as amended, which is classified generally to chapter 76 (Sec.

6101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6101 of

this title and Tables.

The Equal Credit Opportunity Act, referred to in subsec. (f)(5),

is title VII of Pub. L. 90-321, as added by Pub. L. 93-495, title

V, Sec. 503, Oct. 28, 1974, 88 Stat. 1521, as amended, which is

classified generally to subchapter IV (Sec. 1691 et seq.) of

chapter 41 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 1601 of Title 15 and Tables.

The Executive orders referred to in subsec. (f)(11) are set out

as notes under sections of the Code as follows:

Ex. Ord. No. 11063: 42 U.S.C. 1982,

Ex. Ord. No. 11246: 42 U.S.C. 2000e,

Ex. Ord. No. 11625: 15 U.S.C. 631,

Ex. Ord. No. 12250: 42 U.S.C. 2000d-1, and

Ex. Ord. No. 12432: 15 U.S.C. 631.

Ex. Ord. No. 12259, referred to in subsec. (f)(11), was set out

below, prior to revocation by Ex. Ord. No. 12892, Jan. 17, 1994, 59

F.R. 2939, set out below.

-COD-

CODIFICATION

The second sentence of subsec. (b) of this section has been

omitted as it amended sections 3533(a) and 3535(c) of this title.

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-430, Sec. 7(a), inserted

"(including any Federal agency having regulatory or supervisory

authority over financial institutions)" after "urban development".

Subsec. (e)(2). Pub. L. 100-430, Sec. 7(b)(1)(A), inserted

provisions relating to annual report to Congress.

Subsec. (e)(6). Pub. L. 100-430, Sec. 7(b)(1)(B)-(D), added par.

(6).

Subsec. (f). Pub. L. 100-430, Sec. 7(b)(2), added subsec. (f).

1978 - Subsec. (c). Pub. L. 95-251 substituted "administrative

law judges" for "hearing examiners".

Pub. L. 95-454 substituted "5372" for "5362".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective on first day of first

applicable pay period beginning on or after 90th day after Oct. 13,

1978, see section 801(a)(4)(A) of Pub. L. 95-454, set out as an

Effective Date note under section 5361 of Title 5, Government

Organization and Employees.

TREATMENT OF OCCUPANCY STANDARDS

Pub. L. 105-276, title V, Sec. 589, Oct. 21, 1998, 112 Stat.

2651, provided that:

"(a) Establishment of Policy. - Not later than 60 days after the

date of the enactment of this Act [Oct. 21, 1998], the Secretary of

Housing and Urban Development shall publish a notice in the Federal

Register for effect that takes effect upon publication and provides

that the specific and unmodified standards provided in the March

20, 1991, Memorandum from the General Counsel of the Department of

Housing and Urban Development to all Regional Counsel shall be the

policy of the Department of Housing and Urban Development with

respect to complaints of discrimination under the Fair Housing Act

(42 U.S.C. 3601 et seq.) on the basis of familial status which

involve an occupancy standard established by a housing provider.

"(b) Prohibition of National Standard. - The Secretary of Housing

and Urban Development shall not directly or indirectly establish a

national occupancy standard."

-EXEC-

EXECUTIVE ORDER NO. 12259

Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253, which related to

leadership and coordination by Secretary of Housing and Urban

Development of fair housing programs and activities in Federal

programs, was revoked by Ex. Ord. No. 12892, Sec. 6-607, Jan. 17,

1994, 59 F.R. 2939, set out below.

EX. ORD. NO. 12892. LEADERSHIP AND COORDINATION OF FAIR HOUSING IN

FEDERAL PROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSING

Ex. Ord. No. 12892, Jan. 17, 1994, 59 F.R. 2939, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in accordance

with the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.)

("Act"), in order to affirmatively further fair housing in all

Federal programs and activities relating to housing and urban

development throughout the United States, it is hereby ordered as

follows:

Section 1. Administration of Programs and Activities Relating to

Housing and Urban Development.

1-101. Section 808(d) of the Act, as amended [42 U.S.C. 3608(d)],

provides that all executive departments and agencies shall

administer their programs and activities relating to housing and

urban development (including any Federal agency having regulatory

or supervisory authority over financial institutions) in a manner

affirmatively to further the purposes of the Act and shall

cooperate with the Secretary of Housing and Urban Development to

further such purposes.

1-102. As used in this order, the phrase "programs and

activities" shall include programs and activities operated,

administered, or undertaken by the Federal Government; grants;

loans; contracts; insurance; guarantees; and Federal supervision or

exercise of regulatory responsibility (including regulatory or

supervisory authority over financial institutions).

Sec. 2. Responsibilities of Executive Agencies.

2-201. The primary authority and responsibility for administering

the programs and activities relating to housing and urban

development affirmatively to further fair housing is vested in the

Secretary of Housing and Urban Development.

2-202. The head of each executive agency is responsible for

ensuring that its programs and activities relating to housing and

urban development are administered in a manner affirmatively to

further the goal of fair housing as required by section 808 of the

Act [42 U.S.C. 3608] and for cooperating with the Secretary of

Housing and Urban Development, who shall be responsible for

exercising leadership in furthering the purposes of the Act.

2-203. In carrying out the responsibilities in this order, the

head of each executive agency shall take appropriate steps to

require that all persons or other entities who are applicants for,

or participants in, or who are supervised or regulated under,

agency programs and activities relating to housing and urban

development shall comply with this order.

2-204. Upon receipt of a complaint alleging facts that may

constitute a violation of the Act or upon receipt of information

from a consumer compliance examination or other information

suggesting a violation of the Act, each executive agency shall

forward such facts or information to the Secretary of Housing and

Urban Development for processing under the Act. Where such facts or

information indicate a possible pattern or practice of

discrimination in violation of the Act, they also shall be

forwarded to the Attorney General. The authority of the Federal

depository institution regulatory agencies to take appropriate

action under their statutory authority remains unaffected.

Sec. 3. President's Fair Housing Council.

3-301. There is hereby established an advisory council entitled

the "President's Fair Housing Council" ("Council"). The Council

shall be chaired by the Secretary of Housing and Urban Development

and shall consist of the Secretary of Health and Human Services,

the Secretary of Transportation, the Secretary of Education, the

Secretary of Labor, the Secretary of Defense, the Secretary of

Agriculture, the Secretary of Veterans Affairs, the Secretary of

the Treasury, the Attorney General, the Secretary of the Interior,

the Chair of the Federal Reserve, the Comptroller of the Currency,

the Director of the Office of Thrift Supervision, the Chair of the

Federal Deposit Insurance Corporation, and such other officials of

executive departments and agencies as the President may, from time

to time, designate.

3-302. The President's Fair Housing Council shall review the

design and delivery of Federal programs and activities to ensure

that they support a coordinated strategy to affirmatively further

fair housing. The Council shall propose revisions to existing

programs or activities, develop pilot programs and activities, and

propose new programs and activities to achieve its goals.

3-303. In support of cooperative efforts among all executive

agencies, the Secretary of Housing and Urban Development shall:

(a) cooperate with, and render assistance to, the heads of all

executive agencies in the formulation of policies and procedures to

implement this order and to provide information and guidance on the

affirmative administration of programs and activities relating to

housing and urban development and the protection of the rights

accorded by the Act; and

(b) develop memoranda of understanding and any necessary

implementing procedures among executive agencies designed to

provide for consultation and the coordination of Federal efforts to

further fair housing through the affirmative administration of

programs and activities relating to housing and urban development,

including coordination of the investigation of complaints or other

information referred to the Secretary as required by section 2-204

of this order that would constitute a violation of the Act or,

where relevant, other Federal laws. Existing memoranda of

understanding shall remain in effect until superseded.

3-304. In connection with carrying out functions under this

order, the Secretary of Housing and Urban Development is authorized

to request from any executive agency such information and

assistance as the Secretary deems necessary. Each agency shall

furnish such information to the extent permitted by law and, to the

extent practicable, provide assistance to the Secretary.

Sec. 4. Specific Responsibilities.

4-401. In implementing the responsibilities under sections 2-201,

2-202, 2-203, and section 3 of this order, the Secretary of Housing

and Urban Development shall, to the extent permitted by law:

(a) promulgate regulations in consultation with the Department of

Justice and Federal banking agencies regarding programs and

activities of executive agencies related to housing and urban

development that shall:

(1) describe the functions, organization, and operations of the

President's Fair Housing Council;

(2) describe the types of programs and activities defined in

section 1-102 of this order that are subject to the order;

(3) describe the responsibilities and obligations of executive

agencies in ensuring that programs and activities are

administered and executed in a manner that furthers fair housing;

(4) describe the responsibilities and obligations of

applicants, participants, and other persons and entities involved

in housing and urban development programs and activities

affirmatively to further the goal of fair housing; and

(5) describe a method to identify impediments in programs or

activities that restrict fair housing choice and implement

incentives that will maximize the achievement of practices that

affirmatively further fair housing.

(b) coordinate executive agency implementation of the

requirements of this order and issue standards and procedures

regarding:

(1) the administration of programs and activities relating to

housing and urban development in a manner affirmatively to

further fair housing; and

(2) the cooperation of executive agencies in furtherance of the

Secretary of Housing and Urban Development's authority and

responsibility under the Act.

4-402. Within 180 days of the publication of final regulations by

the Secretary of Housing and Urban Development under section 4-401

of this order, the head of each executive agency shall publish

proposed regulations providing for the administration of programs

and activities relating to housing and urban development in a

manner affirmatively to further fair housing, consistent with the

Secretary of Housing and Urban Development's regulations, and with

the standards and procedures issued pursuant to section 4-401(b) of

this order. As soon as practicable thereafter, each executive

agency shall issue its final regulations. All executive agencies

shall formally submit all such proposed and final regulations, and

any related issuances or standards, to the Secretary of Housing and

Urban Development at least 30 days prior to public announcement.

4-403. The Secretary of Housing and Urban Development shall

review proposed regulations and standards prepared pursuant to

section 4-402 of this order to ensure conformity with the purposes

of the Act and consistency among the operations of the various

executive agencies and shall provide comments to executive agencies

with respect thereto on a timely basis.

4-404. In addition to promulgating the regulations described in

section 4-401 of this order, the Secretary of Housing and Urban

Development shall promulgate regulations describing the nature and

scope of coverage and the conduct prohibited, including mortgage

lending discrimination and property insurance discrimination.

Sec. 5. Administrative Enforcement.

5-501. The head of each executive agency shall be responsible for

enforcement of this order and, unless prohibited by law, shall

cooperate and provide records, data, and documentation in

connection with any other agency's investigation of compliance with

provisions of this order.

5-502. If any executive agency concludes that any person or

entity (including any State or local public agency) applying for or

participating in, or supervised or regulated under, a program or

activity relating to housing and urban development has not complied

with this order or any applicable rule, regulation, or procedure

issued or adopted pursuant to this order, it shall endeavor to end

and remedy such violation by informal means, including conference,

conciliation, and persuasion. An executive agency need not pursue

informal resolution of matters where similar efforts made by

another executive agency have been unsuccessful, except where

otherwise required by law. In the event of failure of such informal

means, the executive agency, in conformity with rules, regulations,

procedures, or policies issued or adopted by it pursuant to section

4 of this order hereof, shall impose such sanctions as may be

authorized by law. To the extent authorized by law, such sanctions

may include:

(a) cancellation or termination of agreements or contracts with

such person, entity, or any State or local public agency;

(b) refusal to extend any further aid under any program or

activity administered by it and affected by this order until it is

satisfied that the affected person, entity, or State or local

public agency will comply with the rules, regulations, and

procedures issued or adopted pursuant to this order;

(c) refusal to grant supervisory or regulatory approval to such

person, entity, or State or local public agency under any program

or activity administered by it that is affected by this order or

revoke such approval if previously given; and

(d) any other action as may be appropriate under law.

5-503. Findings of any violation under section 5-502 of this

order shall be promptly reported by the head of each executive

agency to the Secretary of Housing and Urban Development and the

Attorney General. The Secretary of Housing and Urban Development

shall forward this information to all other executive agencies.

5-504. Any executive agency shall also consider invoking

appropriate sanctions against any person or entity where any other

executive department or agency has initiated action against that

person or entity pursuant to section 5-502 of this order, where the

Secretary of Housing and Urban Development has issued a charge

against such person or entity that has not been resolved, or where

the Attorney General has filed a civil action in Federal Court

against such person or entity.

5-505. Each executive agency shall consult with the Secretary of

Housing and Urban Development, and the Attorney General where a

civil action in Federal Court has been filed, regarding agency

actions to invoke sanctions under the Act. The Department of

Housing and Urban Development, the Department of Justice, and

Federal banking agencies shall develop and coordinate appropriate

policies and procedures for taking action under their respective

authorities. Each decision to invoke sanctions and the reasons

therefor shall be documented and shall be provided to the Secretary

of Housing and Urban Development and, where appropriate, to the

Attorney General in a timely manner.

Sec. 6. General Provisions.

6-601. Nothing in this order shall limit the authority of the

Attorney General to provide for the coordinated enforcement of

nondiscrimination requirements in Federal assistance programs under

Executive Order No. 12250 [42 U.S.C. 2000d-1 note].

6-602. All provisions of regulations, guidelines, and procedures

proposed to be issued by executive agencies pursuant to this order

that implement nondiscrimination requirements of laws covered by

Executive Order No. 12250 [42 U.S.C. 2000d-1 note] shall be

submitted to the Attorney General for review in accordance with

that Executive order. In addition, the Secretary shall consult with

the Attorney General regarding all regulations and procedures

proposed to be issued under sections 4-401 and 4-402 of this order

to assure consistency with coordinated Federal efforts to enforce

nondiscrimination requirements in programs of Federal financial

assistance pursuant to Executive Order No. 12250.

6-603. Nothing in this order shall affect the authority and

responsibility of the Attorney General to commence any civil action

authorized by the Act.

6-604. (a) Part IV and sections 501 and 503 of Executive Order

No. 11063 [42 U.S.C. 1982 note] are revoked. The activities and

functions of the President's Committee on Equal Opportunity in

Housing described in that Executive order shall be performed by the

Secretary of Housing and Urban Development.

(b) Sections 101 and 502(a) of Executive Order No. 11063 are

revised to apply to discrimination because of "race, color,

religion (creed), sex, disability, familial status or national

origin." All executive agencies shall revise regulations,

guidelines, and procedures issued pursuant to Part II of Executive

Order No. 11063 to reflect this amendment to coverage.

(c) Section 102 of Executive Order No. 11063 is revised by

deleting the term "Housing and Home Finance Agency" and inserting

in lieu thereof the term "Department of Housing and Urban

Development."

6-605. Nothing in this order shall affect any requirement imposed

under the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.),

the Home Mortgage Disclosure Act (12 U.S.C. 2801 et seq.) or the

Community Reinvestment Act (12 U.S.C. 2901 et seq.).

6-606. Nothing in this order shall limit the authority of the

Federal banking agencies to carry out their responsibilities under

current law or regulations.

6-607. Executive Order No. 12259 is hereby revoked.

Sec. 7. Report.

7-701. The Secretary of Housing and Urban Development shall

submit to the President an annual report commenting on the progress

that the Department of Housing and Urban Development and other

executive agencies have made in carrying out requirements and

responsibilities under this Executive order. The annual report may

be consolidated with the annual report on the state of fair housing

required by section 808(e)(2) of the Act [42 U.S.C. 3608(e)(2)].

William J. Clinton.

FEDERAL LEADERSHIP OF FAIR HOUSING

Memorandum of President of the United States, Jan. 17, 1994, 59

F.R. 8513, provided:

Memorandum for the Heads of Executive Departments and Agencies

On April 11, 1968, one week after the assassination of the great

civil rights leader Martin Luther King, Jr., the Fair Housing Act

[42 U.S.C. 3601 et seq.] was enacted (1) to prohibit discrimination

in housing, and (2) to direct the Secretary of Housing and Urban

Development to affirmatively further fair housing in Federal

housing and urban development programs. Twenty-five years later,

despite a strengthening of the Fair Housing Act 5 years ago,

hundreds of acts of housing discrimination occur in our Nation each

day.

Americans of every income level, seeking to live where they

choose, feel the weight of discrimination because of the color of

their skin, their race, their religion, their gender, their country

of origin, or because they are disabled or have children.

An increasing body of evidence indicates that barriers to fair

housing are pervasive. Forty percent of all families move every 5

years. This statistic is significant given the results of a recent

study, commissioned by the Department of Housing and Urban

Development (HUD), which found that more than half of the African

Americans and Latinos seeking to rent or buy a home are treated

differently than whites with the same qualifications. Moreover,

based upon Home Mortgage Disclosure Act [12 U.S.C. 2801 et seq.]

data, the number of minority persons who are rejected when

attempting to obtain loans to purchase homes is two to three times

higher than it is for nonminorities in almost every metropolitan

area of this country.

Racial and ethnic segregation, both in the private housing market

and in public and assisted housing, has been well documented.

Despite legislation (the Fair Housing Act) and Executive action

(Executive Order No. 11063 [42 U.S.C. 1982 note]), the divisive

impact of housing segregation persists in metropolitan areas all

across this country. Too many lower income and minority Americans

face barriers to housing outside of central cities. Segregation in

housing and schools deprives too many of our children and youth of

an opportunity to enter the marketplace or work on an equal

footing. For too many families, our cities are no longer the

launching pads for economic self-sufficiency and upward mobility

that they have been for countless immigrants and minorities since

the country's birth. And many Americans who are better off abandon

the cities.

The resulting decline in the very heart of too many of our

metropolitan areas threatens all of us: the health of our dynamic

regional economies - the very lifeblood of future national economic

growth and higher living standards for all of us and all of our

children - is placed at risk.

We can do better. We can start by making sure that our own

Federal policies and programs across all of our agencies support

the fair housing and equal opportunity goals to which all Americans

are committed. If all of our executive agencies affirmatively

further fair housing in the design of their policies and

administration of their programs relating to housing and urban

development, a truly nondiscriminatory housing market will be

closer to achievement.

By an Executive Order [Ex. Ord. No. 12892, set out above] ("the

Order") I am issuing today and this memorandum, I am addressing

those needs. The Secretary of Housing and Urban Development and,

where appropriate, the Attorney General - the officials with the

primary responsibility for the enforcement of Federal fair housing

laws - will take the lead in developing and coordinating measures

to carry out the purposes of this Order.

Through this Order, I am first expanding Executive Order No.

11063 to provide protection against discrimination in programs of

Federal insurance or guaranty to persons who are disabled and to

families with children.

Second, I am revoking the old Executive Order No. 12259 entitled

"Leadership and Coordination of Fair Housing in Federal Programs."

The new Executive order reflects the expanded authority of the

Secretary of Housing and Urban Development and I am directing him

to take stronger measures to provide leadership and coordination in

affirmatively furthering fair housing in Federal programs.

Third, I ask the heads of departments and agencies, including the

Federal banking agencies, to cooperate with the Secretary of

Housing and Urban Development in identifying ways to structure

agency programs and activities to affirmatively further fair

housing and to promptly negotiate memoranda of understanding with

him to accomplish that goal.

Further, I direct the Secretary of Housing and Urban Development

to review all of HUD's programs to assure that they truly provide

equal opportunity and promote economic self-sufficiency for those

who are beneficiaries and recipients of those programs.

I also direct the Secretary to review HUD's programs to assure

that they contain the maximum incentives to affirmatively further

fair housing and to eliminate barriers to free choice where they

continue to exist. This review shall include Federally assisted

housing, Federally insured housing and other housing and housing

related programs, including those of the Government National

Mortgage Association and the Federal Housing Administration.

Today, I am establishing a new Cabinet-level organization to

focus the cooperative efforts of all agencies on fair housing. The

President's Fair Housing Council will be chaired by the Secretary

of Housing and Urban Development and will consist of the Secretary

of Health and Human Services, the Secretary of Transportation, the

Secretary of Education, the Secretary of Labor, the Secretary of

Defense, the Secretary of Agriculture, the Secretary of Veterans

Affairs, the Secretary of the Treasury, the Attorney General, the

Secretary of the Interior, the Chair of the Federal Reserve, the

Comptroller of the Currency, the Director of the Office of Thrift

Supervision, and the Chair of the Federal Deposit Insurance

Corporation.

The President's Fair Housing Council shall review the design and

delivery of Federal programs and activities to ensure that they

support a coordinated strategy to affirmatively further fair

housing. The Council shall propose revisions to existing programs

or activities, develop pilot programs and activities, and propose

new programs and activities to achieve its goals.

I direct the Secretary of Housing and Urban Development and the

President's Fair Housing Council to develop a pilot program to be

implemented in selected metropolitan areas. This initiative will

promote fair housing choice by helping inner-city families to move

to suburban neighborhoods and by making the central city more

attractive to those who have left it. I direct the members of the

Council to undertake a demonstration program that will reinvent the

way assisted housing is offered to applicants, will break down

jurisdictional barriers in housing opportunities, and will promote

the use of subsidies that diminish residential segregation, and

will combine these initiatives with refined educational incentives

aimed at improving the effectiveness of inner-city schools. I am

directing that transportation alternatives be considered along with

targeted social service and job training programs as part of the

support necessary to create a one-stop, metropolitan area-wide fair

housing opportunity pilot program that will effectively offer

Federally assisted housing, Federally insured housing, and private

market housing within a metropolitan area to all residents of the

area. The pilot program should call upon realtors, mortgage

lenders, housing providers, and local governments, among others, to

assist in expanding housing choices.

To address the findings of recent studies, I hereby direct the

Secretary of Housing and Urban Development and the Attorney General

and, where appropriate, the heads of the Federal banking agencies

to exercise national leadership to end discrimination in mortgage

lending, the secondary mortgage market, and property insurance

practices. The Secretary is directed to issue regulations to define

discriminatory practices in these areas and the Secretary and the

Attorney General are directed to aggressively enforce the laws

prohibiting these practices.

In each of these areas, I direct the Secretary of Housing and

Urban Development to take the lead with the other Federal agencies

in working to gain the voluntary cooperation, participation, and

expertise of all of those in private industry, the States and

localities who can assist in achieving the Nation's fair housing

goals.

The Secretary of Housing and Urban Development is authorized and

directed to publish this memorandum in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3536 of this title.

-End-

-CITE-

42 USC Sec. 3608a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3608a. Collection of certain data

-STATUTE-

(a) In general

To assess the extent of compliance with Federal fair housing

requirements (including the requirements established under title VI

of Public Law 88-352 [42 U.S.C. 2000d et seq.] and title VIII of

Public Law 90-284 [42 U.S.C. 3601 et seq.]), the Secretary of

Agriculture shall collect, not less than annually, data on the

racial and ethnic characteristics of persons eligible for,

assisted, or otherwise benefiting under each community development,

housing assistance, and mortgage and loan insurance and guarantee

program administered by such Secretary. Such data shall be

collected on a building by building basis if the Secretary

determines such collection to be appropriate.

(b) Reports to Congress

The Secretary of Agriculture shall include in the annual report

of such Secretary to the Congress a summary and evaluation of the

data collected by such Secretary under subsection (a) of this

section during the preceding year.

-SOURCE-

(Pub. L. 100-242, title V, Sec. 562, Feb. 5, 1988, 101 Stat. 1944;

Pub. L. 104-66, title I, Sec. 1071(e), Dec. 21, 1995, 109 Stat.

720.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 88-352, referred to in subsec. (a), is Pub. L. 88-352,

July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights

Act of 1964, title VI of the Civil Rights Act of 1964 is classified

generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of this title and

Tables.

Title VIII of Public Law 90-284, referred to in subsec. (a), is

title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as

amended, known as the Fair Housing Act, which is classified

principally to subchapter I (Sec. 3601 et seq.) of this chapter.

For complete classification of this Act to the Code, see Short

Title note set out under section 3601 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Housing and Community

Development Act of 1987, and not as part of title VIII of Pub. L.

90-284, popularly known as the Fair Housing Act, which comprises

this subchapter.

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-66, Sec. 1071(e)(1), struck out

"the Secretary of Housing and Urban Development and" before "the

Secretary of Agriculture", "each" before "collect, not less than

annually", and "involved" before "determines such collection".

Subsec. (b). Pub. L. 104-66, Sec. 1071(e)(2), substituted "The"

for "The Secretary of Housing and Urban Development and the" before

"Secretary of Agriculture" and struck out "each" before "include in

the".

-End-

-CITE-

42 USC Sec. 3609 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3609. Education and conciliation; conferences and

consultations; reports

-STATUTE-

Immediately after April 11, 1968, the Secretary shall commence

such educational and conciliatory activities as in his judgment

will further the purposes of this subchapter. He shall call

conferences of persons in the housing 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 of voluntary compliance and of

enforcement. He may pay per diem, travel, and transportation

expenses for persons attending such conferences as provided in

section 5703 of title 5. He shall consult with State and local

officials and other interested parties to learn the extent, if any,

to which housing discrimination exists in their State or locality,

and whether and how State or local enforcement programs might be

utilized to combat such discrimination in connection with or in

place of, the Secretary's enforcement of this subchapter. The

Secretary shall issue reports on such conferences and consultations

as he deems appropriate.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 809, Apr. 11, 1968, 82 Stat. 85.)

-End-

-CITE-

42 USC Sec. 3610 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3610. Administrative enforcement; preliminary matters

-STATUTE-

(a) Complaints and answers

(1)(A)(i) An aggrieved person may, not later than one year after

an alleged discriminatory housing practice has occurred or

terminated, file a complaint with the Secretary alleging such

discriminatory housing practice. The Secretary, on the Secretary'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 requires.

(iii) The Secretary may also investigate housing practices to

determine whether a complaint should be brought under this section.

(B) Upon the filing of such a complaint -

(i) the Secretary shall serve notice upon the aggrieved person

acknowledging such filing and advising the aggrieved person of

the time limits and choice of forums provided under this

subchapter;

(ii) the Secretary shall, not later than 10 days after such

filing or the identification of an additional respondent under

paragraph (2), serve on the respondent a notice identifying the

alleged discriminatory housing practice and advising such

respondent of the procedural rights and obligations of

respondents under this subchapter, together with a copy of the

original complaint;

(iii) each respondent may file, not later than 10 days after

receipt of notice from the Secretary, an answer to such

complaint; and

(iv) the Secretary shall make an investigation of the alleged

discriminatory housing practice and complete such investigation

within 100 days after the filing of the complaint (or, when the

Secretary takes further action under subsection (f)(2) of this

section 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 is unable to complete the investigation

within 100 days after the filing of the complaint (or, when the

Secretary takes further action under subsection (f)(2) of this

section with respect to a complaint, within 100 days after the

commencement of such further action), the Secretary shall notify

the complainant and respondent 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 who is not named as a respondent in a complaint,

but who is identified as a respondent in the course of

investigation, may be joined as an additional or substitute

respondent upon written notice, under paragraph (1), to such

person, from the Secretary.

(B) Such notice, in addition to meeting the requirements of

paragraph (1), shall explain the basis for the Secretary's belief

that the person to whom the notice is addressed is properly joined

as a respondent.

(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, the Secretary shall, to the extent feasible, engage in

conciliation with respect to such complaint.

(2) A conciliation agreement arising out of such conciliation

shall be an agreement between the respondent and the complainant,

and shall be subject to approval by the Secretary.

(3) A conciliation agreement may provide for binding arbitration

of the dispute arising from the complaint. Any such arbitration

that results from a conciliation agreement may award appropriate

relief, including monetary relief.

(4) Each conciliation agreement shall be made public unless the

complainant and respondent otherwise agree and the Secretary

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 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 and the respondent;

(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 has reasonable cause to believe that a

respondent has breached a conciliation agreement, the Secretary

shall refer the matter to the Attorney General with a

recommendation that a civil action be filed under section 3614 of

this title 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 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 concerned.

(2) Notwithstanding paragraph (1), the Secretary shall make

available to the aggrieved person and the respondent, at any time,

upon request following completion of the Secretary's investigation,

information derived from an investigation and any final

investigative report relating to that investigation.

(e) Prompt judicial action

(1) If the Secretary 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 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.

(2) Whenever the Secretary has reason to believe that a basis may

exist for the commencement of proceedings against any respondent

under sections 3614(a) and 3614(c) of this title or for proceedings

by any governmental licensing or supervisory authorities, the

Secretary 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 -

(A) within the jurisdiction of a State or local public agency;

and

(B) as to which such agency has been certified by the Secretary

under this subsection;

the Secretary 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, 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 determines that the certified agency no

longer qualifies for certification under this subsection with

respect to the relevant jurisdiction.

(3)(A) The Secretary may certify an agency under this subsection

only if the Secretary 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 shall take

into account the current practices 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, unless such agency 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 was certified on

September 13, 1988. If the Secretary 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 may extend such period by not more

than 8 months.

(5) Not less frequently than every 5 years, the Secretary shall

determine whether each agency certified under this subsection

continues to qualify for certification. The Secretary shall take

appropriate action with respect to any agency not so qualifying.

(g) Reasonable cause determination and effect

(1) The Secretary shall, within 100 days after the filing of the

complaint (or, when the Secretary takes further action under

subsection (f)(2) of this section 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 has occurred or is

about to occur, unless it is impracticable to do so, or unless the

Secretary has approved a conciliation agreement with respect to the

complaint. If the Secretary is unable to make the determination

within 100 days after the filing of the complaint (or, when the

Secretary takes further action under subsection (f)(2) of this

section with respect to a complaint, within 100 days after the

commencement of such further action), the Secretary shall notify

the complainant and respondent in writing of the reasons for not

doing so.

(2)(A) If the Secretary determines that reasonable cause exists

to believe that a discriminatory housing practice has occurred or

is about to occur, the Secretary shall, except as provided in

subparagraph (C), immediately issue a charge on behalf of the

aggrieved person, for further proceedings under section 3612 of

this title.

(B) Such charge -

(i) shall consist of a short and plain statement of the facts

upon which the Secretary has found reasonable cause to believe

that a discriminatory housing practice 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) of this section.

(C) If the Secretary determines that the matter involves the

legality of any State or local zoning or other land use law or

ordinance, the Secretary shall immediately refer the matter to the

Attorney General for appropriate action under section 3614 of this

title, instead of issuing such charge.

(3) If the Secretary determines that no reasonable cause exists

to believe that a discriminatory housing practice has occurred or

is about to occur, the Secretary shall promptly dismiss the

complaint. The Secretary shall make public disclosure of each such

dismissal.

(4) The Secretary may not issue a charge under this section

regarding an alleged discriminatory housing practice after the

beginning of the trial of a civil action commenced by the aggrieved

party under an Act of Congress or a State law, seeking relief with

respect to that discriminatory housing practice.

(h) Service of copies of charge

After the Secretary issues a charge under this section, the

Secretary shall cause a copy thereof, together with information as

to how to make an election under section 3612(a) of this title and

the effect of such an election, to be served -

(1) on each respondent 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 on whose behalf the complaint was

filed.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 810, as added Pub. L. 100-430,

Sec. 8(2), Sept. 13, 1988, 102 Stat. 1625.)

-REFTEXT-

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.

-MISC1-

PRIOR PROVISIONS

A prior section 3610, Pub. L. 90-284, title VIII, Sec. 810, Apr.

11, 1968, 82 Stat. 85, related to enforcement, prior to repeal by

Pub. L. 100-430, Sec. 8(2).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3604, 3608, 3613,

3614, 3616a of this title.

-End-

-CITE-

42 USC Sec. 3611 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3611. Subpoenas; giving of evidence

-STATUTE-

(a) In general

The Secretary 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 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 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.

(c) Criminal penalties

(1) Any person 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's power to do

so, in obedience to the subpoena or other lawful order under

subsection (a) of this section, shall be fined not more than

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

(2) Any person who, with intent thereby to mislead another person

in any proceeding under this subchapter -

(A) makes or causes 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)

of this section;

(B) willfully neglects or fails to make or to cause 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.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 811, as added Pub. L. 100-430,

Sec. 8(2), Sept. 13, 1988, 102 Stat. 1628.)

-MISC1-

PRIOR PROVISIONS

A prior section 3611, Pub. L. 90-284, title VIII, Sec. 811, Apr.

11, 1968, 82 Stat. 87, related to evidence, prior to repeal by Pub.

L. 100-430, Sec. 8(2).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3612 of this title.

-End-

-CITE-

42 USC Sec. 3612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3612. Enforcement by Secretary

-STATUTE-

(a) Election of judicial determination

When a charge is filed under section 3610 of this title, a

complainant, a respondent, or an aggrieved person on whose behalf

the complaint was filed, may elect to have the claims asserted in

that charge decided in a civil action under subsection (o) of this

section in lieu of a hearing under subsection (b) of this section.

The election must be made not later than 20 days after the receipt

by the electing person of service under section 3610(h) of this

title or, in the case of the Secretary, not later than 20 days

after such service. The person making such election shall give

notice of doing so to the Secretary and to all other complainants

and respondents to whom the charge relates.

(b) Administrative law judge hearing in absence of election

If an election is not made under subsection (a) of this section

with respect to a charge filed under section 3610 of this title,

the Secretary shall provide an opportunity for a hearing on the

record with respect to a charge issued under section 3610 of this

title. The Secretary shall delegate the conduct of a hearing under

this section to an administrative law judge appointed under section

3105 of title 5. The administrative law judge shall conduct the

hearing at a place in the vicinity in which the discriminatory

housing practice 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,

be represented by counsel, present evidence, cross-examine

witnesses, and obtain the issuance of subpoenas under section 3611

of this title. Any aggrieved person 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 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 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 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 after the beginning of the trial of a civil action

commenced by the aggrieved party under an Act of Congress or a

State law, seeking relief with respect to that discriminatory

housing practice.

(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, the aggrieved person on whose behalf the

charge was filed, and the respondent, 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, the aggrieved person on whose behalf the charge was

filed, and the respondent, in writing of the reasons for not doing

so.

(3) If the administrative law judge finds that a respondent has

engaged or is about to engage in a discriminatory housing practice,

such administrative law judge shall promptly issue an order for

such relief as may be appropriate, which may include actual damages

suffered by the aggrieved person and injunctive or other equitable

relief. Such order may, to vindicate the public interest, assess a

civil penalty against the respondent -

(A) in an amount not exceeding $10,000 if the respondent has

not been adjudged to have committed any prior discriminatory

housing practice;

(B) in an amount not exceeding $25,000 if the respondent has

been adjudged to have committed one other discriminatory housing

practice 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 has

been adjudged to have committed 2 or more discriminatory housing

practices 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 that is the object of the charge are committed by the same

natural person who has been previously adjudged to have committed

acts constituting a discriminatory housing practice, then the civil

penalties set forth in subparagraphs (B) and (C) may be imposed

without regard to the period of time within which any subsequent

discriminatory housing practice 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 that occurred in the course of a business subject

to a licensing or regulation by a governmental agency, the

Secretary 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).

(6) In the case of an order against a respondent against whom

another order was issued within the preceding 5 years under this

section, the Secretary shall send a copy of each such order to the

Attorney General.

(7) If the administrative law judge finds that the respondent has

not engaged or is not about to engage in a discriminatory housing

practice, as the case may be, such administrative law judge shall

enter an order dismissing the charge. The Secretary shall make

public disclosure of each such dismissal.

(h) Review by Secretary; service of final order

(1) The Secretary may review any finding, conclusion, or order

issued under subsection (g) of this section. 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 shall cause 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 and each respondent 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 of title 28.

(2) Notwithstanding such chapter, venue of the proceeding shall

be in the judicial circuit in which the discriminatory housing

practice 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 may petition any United States court of appeals

for the circuit in which the discriminatory housing practice is

alleged to have occurred or in which any respondent 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 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) or (j) of

this section, 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.

(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) of this

section 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 under subsection (j) of

this section after the end of such day; or

(2) under subsection (m) of this section.

(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) of this section, and the

Secretary has not sought enforcement of the order under subsection

(j) of this section, any person entitled to relief under the order

may petition for a decree enforcing the order in the United States

court of appeals for the circuit in which the discriminatory

housing practice 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) or (m) of this section

shall forthwith enter a decree enforcing the order and shall

transmit a copy of such decree to the Secretary, the respondent

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) of this section,

the Secretary shall authorize, and not later than 30 days after the

election is made the Attorney General shall commence and maintain,

a civil action on behalf of the aggrieved person in a United States

district court seeking relief under this subsection. Venue for such

civil action shall be determined under chapter 87 of title 28.

(2) Any aggrieved person 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 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 in a

civil action under section 3613 of this title. Any relief so

granted that would accrue to an aggrieved person in a civil action

commenced by that aggrieved person under section 3613 of this title

shall also accrue to that aggrieved person in a civil action under

this subsection. If monetary relief is sought for the benefit of an

aggrieved person who does not intervene in the civil action, the

court shall not award such relief if that aggrieved person 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, a reasonable attorney's fee and

costs. The United States shall be liable for such fees and costs to

the extent provided by section 504 of title 5 or by section 2412 of

title 28.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 812, as added Pub. L. 100-430,

Sec. 8(2), Sept. 13, 1988, 102 Stat. 1629.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (c), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC1-

PRIOR PROVISIONS

A prior section 3612, Pub. L. 90-284, title VIII, Sec. 812, Apr.

11, 1968, 82 Stat. 88, related to enforcement by private persons,

prior to repeal by Pub. L. 100-430, Sec. 8(2).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3608 of this title; title

28 sections 2341, 2342.

-End-

-CITE-

42 USC Sec. 3613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3613. Enforcement by private persons

-STATUTE-

(a) Civil action

(1)(A) An aggrieved person may commence a civil action in an

appropriate United States district court or State court not later

than 2 years after the occurrence or the termination of an alleged

discriminatory housing practice, or the breach of a conciliation

agreement entered into under this subchapter, whichever occurs

last, to obtain appropriate relief with respect to such

discriminatory housing practice 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.

This subparagraph does not apply to actions arising from a breach

of a conciliation agreement.

(2) An aggrieved person may commence a civil action under this

subsection whether or not a complaint has been filed under section

3610(a) of this title and without regard to the status of any such

complaint, but if the Secretary or a State or local agency has

obtained a conciliation agreement with the consent of an aggrieved

person, no action may be filed under this subsection by such

aggrieved person with respect to the alleged discriminatory housing

practice which forms the basis for such complaint except for the

purpose of enforcing the terms of such an agreement.

(3) An aggrieved person may not commence a civil action under

this subsection with respect to an alleged discriminatory housing

practice which forms the basis of a charge issued by the Secretary

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 alleging a discriminatory housing

practice or a person against whom such a practice is alleged, the

court may -

(1) appoint an attorney for such person; or

(2) authorize the commencement or continuation of a civil

action under subsection (a) of this section without the payment

of fees, costs, or security, if in the opinion of the court such

person is financially unable to bear the costs of such action.

(c) Relief which may be granted

(1) In a civil action under subsection (a) of this section, if

the court finds that a discriminatory housing practice has occurred

or is about to occur, the court may award to the plaintiff actual

and punitive damages, and subject to subsection (d) of this

section, 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) of this section, the

court, in its discretion, may allow the prevailing party, other

than the United States, a reasonable attorney's fee and costs. The

United States shall be liable for such fees and costs to the same

extent as a private person.

(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 or civil action under this subchapter.

(e) Intervention by Attorney General

Upon timely application, the Attorney General may intervene in

such civil action, if the Attorney General certifies that the case

is of general public importance. Upon such intervention the

Attorney General may obtain such relief as would be available to

the Attorney General under section 3614(e) of this title in a civil

action to which such section applies.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 813, as added Pub. L. 100-430,

Sec. 8(2), Sept. 13, 1988, 102 Stat. 1633.)

-MISC1-

PRIOR PROVISIONS

A prior section 3613, Pub. L. 90-284, title VIII, Sec. 813, Apr.

11, 1968, 82 Stat. 88, related to enforcement by Attorney General

by bringing civil action requesting preventive relief, prior to

repeal by Pub. L. 100-430, Sec. 8(2).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3612, 3614 of this title.

-End-

-CITE-

42 USC Sec. 3614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3614. Enforcement by Attorney General

-STATUTE-

(a) Pattern or practice cases

Whenever the Attorney General has reasonable cause to believe

that any person or group of persons 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 has been

denied any of the rights granted by this subchapter and such denial

raises an issue of general public importance, the Attorney General

may commence a civil action in any appropriate United States

district court.

(b) On referral of discriminatory housing practice or conciliation

agreement for enforcement

(1)(A) The Attorney General may commence a civil action in any

appropriate United States district court for appropriate relief

with respect to a discriminatory housing practice referred to the

Attorney General by the Secretary under section 3610(g) of this

title.

(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.

(2)(A) The Attorney General may commence a civil action in any

appropriate United States district court for appropriate relief

with respect to breach of a conciliation agreement referred to the

Attorney General by the Secretary under section 3610(c) of this

title.

(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.

(c) Enforcement of subpoenas

The Attorney General, on behalf of the Secretary, or other party

at whose request a subpoena is issued, under this subchapter, may

enforce such subpoena in appropriate proceedings in the United

States district court for the district in which the person 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) or (b) of this

section, the court -

(A) may award such preventive relief, including a permanent or

temporary injunction, restraining order, or other order against

the person responsible for a violation 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 to persons aggrieved; and

(C) may, to vindicate the public interest, assess a civil

penalty against the respondent -

(i) in an amount not exceeding $50,000, for a first

violation; and

(ii) in an amount not exceeding $100,000, for any subsequent

violation.

(2) In a civil action under this section, the court, in its

discretion, may allow the prevailing party, other than the United

States, a reasonable attorney's fee and costs. The United States

shall be liable for such fees and costs to the extent provided by

section 2412 of title 28.

(e) Intervention in civil actions

Upon timely application, any person may intervene in a civil

action commenced by the Attorney General under subsection (a) or

(b) of this section which involves an alleged discriminatory

housing practice with respect to which such person is an aggrieved

person or a conciliation agreement to which such person 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.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 814, as added Pub. L. 100-430,

Sec. 8(2), Sept. 13, 1988, 102 Stat. 1634.)

-MISC1-

PRIOR PROVISIONS

A prior section 3614, Pub. L. 90-284, title VIII, Sec. 814, Apr.

11, 1968, 82 Stat. 88, related to expedition of court proceedings

under section 3612 or 3613 of this title, prior to repeal by Pub.

L. 98-620, title IV, Sec. 402(40), Nov. 8, 1984, 98 Stat. 3360.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3610, 3613 of this title.

-End-

-CITE-

42 USC Sec. 3614-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3614-1. Incentives for self-testing and self-correction

-STATUTE-

(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) shall be considered to be privileged

under paragraph (2) if any person -

(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, or any part of that

transaction, in order to determine the level or effectiveness

of compliance with this subchapter by that person; and

(B) has identified any possible violation of this subchapter

by that person and has taken, or is taking, appropriate

corrective action to address any such possible violation.

(2) Privileged self-test

If a person meets the conditions specified in subparagraphs (A)

and (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 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, complainant, 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 of this

subchapter is alleged, or in any examination or investigation of

compliance with this subchapter if -

(A) the person to whom the self-test relates or any person

with lawful access to the report or the results -

(i) voluntarily releases or discloses all, or any part of,

the report or results to the aggrieved person, complainant,

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 of this subchapter against

the person to whom the self-test relates; or

(B) the report or results are sought in conjunction with an

adjudication or admission of a violation 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) -

(A) shall be used only for the particular proceeding in which

the adjudication or admission referred to in paragraph (1)(B)

is made; and

(B) may not be used in any other action or proceeding.

(c) Adjudication

An aggrieved person, complainant, 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.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 814A, as added Pub. L. 104-208,

div. A, title II, Sec. 2302(b)(1), Sept. 30, 1996, 110 Stat.

3009-421.)

-MISC1-

EFFECTIVE DATE

Privilege provided for in this section applicable to self-test

conducted before, on, or after effective date of regulations

prescribed under section 2302(b)(2) of Pub. L. 104-208, set out

below, with certain exception, see section 2302(c) of Pub. L.

104-208, set out as a note under section 1691c-1 of Title 15,

Commerce and Trade.

REGULATIONS

Section 2302(b)(2) of div. A of Pub. L. 104-208 provided that:

"(A) In general. - Not later than 6 months after the date of

enactment of this Act [Sept. 30, 1996], in consultation with the

Board and after providing notice and an opportunity for public

comment, the Secretary of Housing and Urban Development shall

prescribe final regulations to implement section 814A of the Fair

Housing Act [42 U.S.C. 3614-1], as added by this section.

"(B) Self-test. -

"(i) Definition. - The regulations prescribed by the Secretary

under subparagraph (A) shall include a definition of the term

"self-test" for purposes of section 814A of the Fair Housing Act,

as added by this section.

"(ii) Requirement for self-test. - The regulations prescribed

by the Secretary under subparagraph (A) shall specify that a

self-test shall be sufficiently extensive to constitute a

determination of the level and effectiveness of the compliance by

a person engaged in residential real estate related lending

activities with the Fair Housing Act [42 U.S.C. 3601 et seq.].

"(iii) Substantial similarity to certain equal credit

opportunity act regulations. - The regulations prescribed under

subparagraph (A) shall be substantially similar to the

regulations prescribed by the Board to carry out section 704A of

the Equal Credit Opportunity Act [15 U.S.C. 1691c-1], as added by

this section."

-End-

-CITE-

42 USC Sec. 3614a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3614a. Rules to implement subchapter

-STATUTE-

The Secretary may make rules (including rules for the collection,

maintenance, and analysis of appropriate data) to carry out this

subchapter. The Secretary shall give public notice and opportunity

for comment with respect to all rules made under this section.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 815, as added Pub. L. 100-430,

Sec. 8(2), Sept. 13, 1988, 102 Stat. 1635.)

-MISC1-

PRIOR PROVISIONS

A prior section 815 of Pub. L. 90-284 was renumbered section 816

and is classified to section 3615 of this title.

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.

INITIAL RULEMAKING

Secretary to issue rules to implement this subchapter as amended

by Pub. L. 100-430 not later than the 180th day after Sept. 13,

1988, see section 13(b) of Pub. L. 100-430, set out as a note under

section 3601 of this title.

-End-

-CITE-

42 USC Sec. 3615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3615. Effect on State laws

-STATUTE-

Nothing in this subchapter shall be construed to invalidate or

limit any law of a State or political subdivision of a State, 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, a political

subdivision, or other such jurisdiction that purports to require or

permit any action that would be a discriminatory housing practice

under this subchapter shall to that extent be invalid.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 816, formerly Sec. 815, Apr. 11,

1968, 82 Stat. 89; renumbered Sec. 816, Pub. L. 100-430, Sec. 8(1),

Sept. 13, 1988, 102 Stat. 1625.)

-MISC1-

PRIOR PROVISIONS

A prior section 816 of Pub. L. 90-284 was renumbered section 817

and is classified to section 3616 of this title.

-End-

-CITE-

42 USC Sec. 3616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3616. Cooperation with State and local agencies administering

fair housing laws; utilization of services and personnel;

reimbursement; written agreements; publication in Federal

Register

-STATUTE-

The Secretary may cooperate with State and local agencies charged

with the administration of State and local fair housing laws and,

with the consent of such agencies, utilize the services of such

agencies and their employees and, notwithstanding any other

provision of law, may reimburse such agencies and their employees

for services rendered to assist him in carrying out this

subchapter. In furtherance of such cooperative efforts, the

Secretary may enter into written agreements with such State or

local agencies. All agreements and terminations thereof shall be

published in the Federal Register.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 817, formerly Sec. 816, Apr. 11,

1968, 82 Stat. 89; renumbered Sec. 817, Pub. L. 100-430, Sec. 8(1),

Sept. 13, 1988, 102 Stat. 1625.)

-MISC1-

PRIOR PROVISIONS

A prior section 817 of Pub. L. 90-284 was renumbered section 818

and is classified to section 3617 of this title.

FAIR HOUSING INITIATIVES PROGRAM

Pub. L. 100-242, title V, Sec. 561, Feb. 5, 1988, 101 Stat. 1942,

as amended, which established a demonstration program on fair

housing initiatives and was formerly set out as a note under this

section, was transferred to section 3616a of this title.

-End-

-CITE-

42 USC Sec. 3616a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3616a. Fair housing initiatives program

-STATUTE-

(a) In general

The Secretary of Housing and Urban Development (in this section

referred to as the "Secretary") may make grants to, or (to the

extent of amounts provided in appropriation Acts) enter into

contracts or cooperative agreements with, State or local

governments or their agencies, public or private nonprofit

organizations or institutions, or other public or private entities

that are formulating or carrying out programs to prevent or

eliminate discriminatory housing practices, to develop, implement,

carry out, or coordinate -

(1) programs 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 et seq.] (commonly referred to as the Civil Rights

Act of 1968), or by State or local laws that provide rights and

remedies for alleged discriminatory housing practices 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, and persuasion) as are available

therefor; and

(2) education and outreach programs designed to inform the

public concerning rights and obligations under the laws referred

to in paragraph (1).

(b) Private enforcement initiatives

(1) In general

The Secretary shall use funds made available under this

subsection to conduct, through contracts with private nonprofit

fair housing enforcement organizations, investigations of

violations of the rights granted under title VIII of the Civil

Rights Act of 1968 [42 U.S.C. 3601 et seq.], and such enforcement

activities as appropriate to remedy such violations. The

Secretary 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 shall use funds made available under this

subsection to conduct, through contracts with private nonprofit

fair housing enforcement organizations, a range of investigative

and enforcement activities designed to -

(A) carry out testing and other investigative activities in

accordance with subsection (b)(1) of this section, including

building the capacity for housing 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 and housing

advertising;

(C) carry out special projects, including the development of

prototypes to respond to new or sophisticated forms of

discrimination against persons protected under title VIII of

the Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.];

(D) provide technical assistance to local fair housing

organizations, and assist in the formation and development of

new fair housing organizations; and

(E) provide funds for the costs and expenses of litigation,

including expert witness fees.

(c) Funding of fair housing organizations

(1) In general

The Secretary shall use funds made available under this section

to enter into contracts or cooperative agreements with qualified

fair housing enforcement organizations, other private nonprofit

fair housing enforcement organizations, and nonprofit groups

organizing to build their capacity to provide fair housing

enforcement, for the purpose of supporting the continued

development or implementation of initiatives which enforce the

rights granted under title VIII of the Civil Rights Act of 1968

[42 U.S.C. 3601 et seq.], as amended. Contracts or cooperative

agreements may not provide more than 50 percent of the operating

budget of the recipient organization for any one year.

(2) Capacity enhancement

The Secretary shall use funds made available under this section

to help establish, organize, and build the capacity of fair

housing enforcement organizations, particularly in those areas of

the country which are currently underserved by fair housing

enforcement organizations as well as those areas where large

concentrations of protected classes exist. For purposes of

meeting the objectives of this paragraph, the Secretary may enter

into contracts or cooperative agreements with qualified fair

housing enforcement organizations. The Secretary shall establish

annual goals which reflect the national need for private fair

housing enforcement organizations.

(d) Education and outreach

(1) In general

The Secretary, through contracts with one or more qualified

fair housing enforcement organizations, other fair housing

enforcement organizations, and other nonprofit organizations

representing groups of persons protected under title VIII of the

Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.], shall

establish a national education and outreach program. The national

program shall be designed to provide a centralized, coordinated

effort for the development and dissemination of fair housing

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 shall designate a portion of the amounts provided

in subsection (g)(4) of this section for a national program

specifically for activities related to the annual national fair

housing month. The Secretary shall encourage cooperation with

real estate industry organizations in the national education and

outreach program. The Secretary shall also encourage the

dissemination of educational information and technical assistance

to support compliance with the housing adaptability and

accessibility guidelines contained in the Fair Housing Act

Amendments of 1988.

(2) Regional and local programs

The Secretary, through contracts with fair housing enforcement

organizations, other nonprofit organizations representing groups

of persons protected under title VIII of the Civil Rights Act of

1968 [42 U.S.C. 3601 et seq.], State and local agencies certified

by the Secretary under section 810(f) of the Fair Housing Act [42

U.S.C. 3610(f)], or other public or private entities that are

formulating or carrying out programs to prevent or eliminate

discriminatory housing practices, shall establish or support

education and outreach programs at the regional and local levels.

(3) Community-based programs

The Secretary shall provide funding to fair housing

organizations and other nonprofit organizations representing

groups of persons protected under title VIII of the Civil Rights

Act of 1968, or other public or private entities that are

formulating or carrying out programs to prevent or eliminate

discriminatory housing practices, to support community-based

education and outreach activities, including school, 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 to carry out activities

authorized by this section, the Secretary shall submit notification

of such proposed grant, contract, or cooperative agreement

(including a description of the geographical distribution of such

contracts) to the Committee on Banking, Housing, and Urban Affairs

of the Senate and the Committee on Banking, Finance and Urban

Affairs of the House of Representatives.

(2) Repealed. Pub. L. 104-66, title I, Sec. 1071(d), Dec. 21,

1995, 109 Stat. 720.

(f) Regulations

(1) The Secretary shall issue such regulations as may be

necessary to carry out the provisions of this section.

(2) The Secretary shall, for use during the demonstration

authorized in this section, establish guidelines for testing

activities funded under the private enforcement initiative of the

fair housing initiatives program. The purpose of such guidelines

shall be to ensure that investigations in support of fair housing

enforcement efforts described in subsection (a)(1) of this section

shall develop credible and objective evidence of discriminatory

housing practices. 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 laws, and shall not be used to restrict individuals or

entities, including those participating in the fair housing

initiatives program, 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

shall submit to Congress the evaluation of the Secretary 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 to prevent or eliminate

discriminatory housing practices;

(C) available information, including studies made by or

available to the applicant, indicating the nature and extent of

discriminatory housing practices occurring in the general

location where the applicant proposes to conduct its assisted

activities, and the relationship of such activities to such

practices;

(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.

(4) Regulations issued under this subsection shall not become

effective prior to the expiration of 90 days after the Secretary

transmits such regulations, in the form such regulations are

intended to be published, to the Committee on Banking, Housing, and

Urban Affairs of the Senate and the Committee on Banking, Finance

and Urban Affairs of the House of Representatives.

(5) The Secretary 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 authorized under subsection (b) of this section,

divided equally between activities specified under subsection

(b)(1) of this section and those specified under subsection

(b)(2) of this section;

(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 authorized under subsection

(c)(1) of this section;

(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 authorized under

subsection (c)(2) of this section; 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 authorized under subsection (d) of this

section, to be divided equally between activities specified under

subsection (d)(1) of this section and those specified under

subsections (d)(2) and (d)(3) of this section.

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 violations and

enforcement of meritorious claims; and

(C) is engaged in all the activities listed in paragraph (1)(B)

at the time of application for assistance under this section.

An organization which is not solely engaged in fair housing

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).

(2) The term "fair housing enforcement organization" means any

organization that -

(A) meets the requirements specified in paragraph (1)(A);

(B) is currently engaged in the activities specified in

paragraph (1)(B);

(C) upon the receipt of funds under this section will become

engaged in all of the activities specified in paragraph (1)(B);

and

(D) for purposes of funding under subsection (b) of this

section, has at least 1 year of experience in the activities

specified in paragraph (1)(B).

(i) Prohibition on use of funds

None of the funds authorized under this section may be used by

the Secretary for purposes of settling claims, satisfying judgments

or fulfilling court orders in any litigation action involving

either the Department or housing providers funded by the

Department. None of the funds 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

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 during the

preceding fiscal year;

(3) a list of all fair housing enforcement organizations funded

under this section during the preceding fiscal year, identified

on a State-by-State basis;

(4) a summary of all education and outreach activities funded

under this section and the use of such funds during the preceding

fiscal year; and

(5) any findings, conclusions, or recommendations of the

Secretary as a result of the funded activities.

-SOURCE-

(Pub. L. 100-242, title V, Sec. 561, Feb. 5, 1988, 101 Stat. 1942;

Pub. L. 101-625, title IX, Sec. 953, Nov. 28, 1990, 104 Stat. 4419;

Pub. L. 102-550, title IX, Sec. 905(b), Oct. 28, 1992, 106 Stat.

3869; Pub. L. 104-66, title I, Sec. 1071(d), Dec. 21, 1995, 109

Stat. 720.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1968, referred to in subsecs. (a)(1),

(b)(1), (2)(C), (c)(1), and (d), is Pub. L. 90-284, Apr. 11, 1968,

82 Stat. 73, as amended. Title VIII of the Act, known as the Fair

Housing Act, is classified principally to subchapter I (Sec. 3601

et seq.) of this chapter. For complete classification of this Act

to the Code, see Short Title notes set out under sections 2000a and

3601 of this title and Tables.

The Fair Housing Act Amendments of 1988, referred to in subsec.

(d)(1), probably means the Fair Housing Amendments Act of 1988,

Pub. L. 100-430, Sept. 13, 1988, 102 Stat. 1619, as amended. For

complete classification of this Act to the Code, see Short Title of

1988 Amendment note set out under section 3601 of this title and

Tables.

The phrase "Not later than 6 months after the end of the

demonstration period authorized in this section", referred to in

subsec. (f)(2), probably means the end of the demonstration period

pursuant to former subsec. (e) of this section, which provided that

such period was to end Sept. 30, 1992. However, subsec. (e) was

redesignated (h) and struck out by Pub. L. 102-550. See 1992

Amendment notes below.

-COD-

CODIFICATION

Section was enacted as part of the Housing and Community

Development Act of 1987, and not as part of title VIII of Pub. L.

90-284, known as the Fair Housing Act, which comprises this

subchapter.

Section was formerly set out as a note under section 3616 of this

title.

-MISC1-

AMENDMENTS

1995 - Subsec. (e)(2). Pub. L. 104-66 struck out par. (2) which

read as follows: "The Secretary shall provide to the Committee on

Banking, Housing, and Urban Affairs of the Senate and the Committee

on Banking, Finance and Urban Affairs of the House of

Representatives a quarterly report that summarizes the activities

funded under this section and describes the geographical

distribution of grants, contracts, or cooperative agreements funded

under this section."

1992 - Subsecs. (b) to (f). Pub. L. 102-550, Sec. 905(b)(1), (2),

added subsecs. (b) to (d) and redesignated former subsecs. (b) and

(c) as (e) and (f), respectively.

Subsec. (g). Pub. L. 102-550, Sec. 905(b)(1), (3), redesignated

subsec. (d) as (g) and, in first sentence, substituted "$21,000,000

for fiscal year 1993 and $26,000,000 for fiscal year 1994, of which

- " and pars. (1) to (4) for "including any program evaluations,

$6,000,000 for fiscal year 1991 and $6,300,000 for fiscal year

1992, of which not more than $3,000,000 in each year shall be for

the private enforcement initiative demonstration."

Subsec. (h). Pub. L. 102-550, Sec. 905(b)(4), added subsec. (h)

and struck out former subsec. (h) which provided that the

demonstration period authorized by this section would end Sept. 30,

1992.

Pub. L. 102-550, Sec. 905(b)(1), redesignated subsec. (e) as (h).

Subsecs. (i), (j). Pub. L. 102-550, Sec. 905(b)(4), added

subsecs. (i) and (j).

1990 - Subsec. (d). Pub. L. 101-625, Sec. 953(a), amended first

sentence generally. Prior to amendment, first sentence read as

follows: "There are authorized to be appropriated to carry out the

provisions of this section, including any program evaluations,

$5,000,000 for fiscal year 1988, and $5,000,000 for fiscal year

1989, of which not more than $3,000,000 in each year shall be for

the private enforcement initiative demonstration."

Subsec. (e). Pub. L. 101-625, Sec. 953(b), substituted "1992" for

"1989".

-CHANGE-

CHANGE OF NAME

Committee on Banking, Finance and Urban Affairs of House of

Representatives treated as referring to Committee on Banking and

Financial Services of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress. Committee on Banking and Financial Services of House

of Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

CONGRESSIONAL FINDINGS

Section 905(a) of Pub. L. 102-550 provided that: "The Congress

finds that -

"(1) in the past half decade, there have been major legislative

and administrative changes in Federal fair housing and fair

lending laws and substantial improvements in the Nation's

understanding of discrimination in the housing markets;

"(2) in response to evidence of continuing housing

discrimination, the Congress passed the Fair Housing Act

Amendments of 1988 [probably should be the Fair Housing

Amendments Act of 1988, Pub. L. 100-430, see Short Title of 1988

Amendment note set out under section 3601 of this title], to

provide for more effective enforcement of fair housing rights

through judicial and administrative avenues and to expand the

number of protected classes covered under Federal fair housing

laws;

"(3) in the Financial Institutions Reform, Recovery and

Enforcement Act of 1989 [Pub. L. 101-73, see Short Title of 1989

Amendment note set out under 12 U.S.C. 1811], the Congress

expanded the disclosure provisions under the Home Mortgage

Disclosure Act [probably should be the Home Mortgage Disclosure

Act of 1975; 12 U.S.C. 2801 et seq.] to provide increased

information on the mortgage lending patterns of financial

institutions;

"(4) in the Americans with Disabilities Act of 1990 [42 U.S.C.

12101 et seq.], the Congress provided a clear and comprehensive

national mandate for the elimination of discrimination against

individuals with disabilities;

"(5) in 1991, data collected under the Home Mortgage Disclosure

Act disclosed evidence of pervasive discrimination in the

Nation's mortgage lending markets;

"(6) the Housing Discrimination Survey, released by the

Department of Housing and Urban Development in 1991, found that

Hispanic and African-American homeseekers experience some form of

discrimination in at least half of their encounters with sales

and rental agents;

"(7) the Fair Housing Initiatives Program should be revised and

expanded to reflect the significant changes in the fair housing

and fair lending area that have taken place since the Program's

initial authorization in the Housing and Community Development

Act of 1987 [Pub. L. 100-242, see Short Title of 1988 Amendment

note under section 5301 of this title];

"(8) continuing educational efforts by the real estate industry

are a useful way to increase understanding by the public of their

fair housing rights and responsibilities; and

"(9) the proven efficacy of private nonprofit fair housing

enforcement organizations and community-based efforts makes

support for these organizations a necessary component of the fair

housing enforcement system."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3535 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 3617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3617. Interference, coercion, or intimidation

-STATUTE-

It shall be unlawful to coerce, intimidate, threaten, or

interfere with any person 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 in the exercise or

enjoyment of, any right granted or protected by section 3603, 3604,

3605, or 3606 of this title.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 818, formerly Sec. 817, Apr. 11,

1968, 82 Stat. 89; renumbered Sec. 818 and amended Pub. L. 100-430,

Secs. 8(1), 10, Sept. 13, 1988, 102 Stat. 1625, 1635.)

-MISC1-

PRIOR PROVISIONS

A prior section 818 of Pub. L. 90-284 was renumbered section 819

and is classified to section 3618 of this title.

AMENDMENTS

1988 - Pub. L. 100-430 struck out at end "This section may be

enforced by appropriate civil action."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on the 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3602 of this title.

-End-

-CITE-

42 USC Sec. 3618 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3618. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as are

necessary to carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 819, formerly Sec. 818, Apr. 11,

1968, 82 Stat. 89; renumbered Sec. 819, Pub. L. 100-430, Sec. 8(1),

Sept. 13, 1988, 102 Stat. 1625.)

-MISC1-

PRIOR PROVISIONS

A prior section 819 of Pub. L. 90-284 was renumbered section 820

and is classified to section 3619 of this title.

-End-

-CITE-

42 USC Sec. 3619 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 3619. Separability

-STATUTE-

If any provision of this subchapter or the application thereof to

any person or circumstances is held invalid, the remainder of the

subchapter and the application of the provision to other persons

not similarly situated or to other circumstances shall not be

affected thereby.

-SOURCE-

(Pub. L. 90-284, title VIII, Sec. 820, formerly Sec. 819, Apr. 11,

1968, 82 Stat. 89; renumbered Sec. 820, Pub. L. 100-430, Sec. 8(1),

Sept. 13, 1988, 102 Stat. 1625.)

-End-

-CITE-

42 USC SUBCHAPTER II - PREVENTION OF INTIMIDATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER II - PREVENTION OF INTIMIDATION

-HEAD-

SUBCHAPTER II - PREVENTION OF INTIMIDATION

-End-

-CITE-

42 USC Sec. 3631 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 45 - FAIR HOUSING

SUBCHAPTER II - PREVENTION OF INTIMIDATION

-HEAD-

Sec. 3631. Violations; penalties

-STATUTE-

Whoever, whether or not acting under color of law, by force or

threat of force willfully injuries, intimidates or interferes with,

or attempts to injure, intimidate or interfere with -

(a) any person because of his race, color, religion, sex,

handicap (as such term is defined in section 3602 of this title),

familial status (as such term is defined in section 3602 of this

title), or national origin and because he is or has been selling,

purchasing, renting, financing, occupying, or contracting or

negotiating for the sale, purchase, rental, financing or

occupation of any dwelling, or applying for or participating in

any service, organization, or facility relating to the business

of selling or renting dwellings; or

(b) any person because he is or has been, or in order to

intimidate such person or any other person or any class of

persons from -

(1) participating, without discrimination on account of race,

color, religion, sex, handicap (as such term is defined in

section 3602 of this title), familial status (as such term is

defined in section 3602 of this title), or national origin, in

any of the activities, services, organizations or facilities

described in subsection (a) of this section; or

(2) affording another person or class of persons opportunity

or protection so to participate; or

(c) any citizen because he is or has been, or in order to

discourage such citizen or any other citizen from lawfully aiding

or encouraging other persons to participate, without

discrimination on account of race, color, religion, sex, handicap

(as such term is defined in section 3602 of this title), familial

status (as such term is defined in section 3602 of this title),

or national origin, in any of the activities, services,

organizations or facilities described in subsection (a) of this

section, or participating lawfully in speech or peaceful assembly

opposing any denial of the opportunity to so participate -

shall be fined under title 18 or imprisoned not more than one year,

or both; and if bodily injury results from the acts committed in

violation of this section or if such acts include the use,

attempted use, or threatened use of a dangerous weapon, explosives,

or fire shall be fined under title 18 or imprisoned not more than

ten years, or both; and if death results from the acts committed in

violation of this section or if such acts include kidnapping or an

attempt to kidnap, aggravated sexual abuse or an attempt to commit

aggravated sexual abuse, or an attempt to kill, shall be fined

under title 18 or imprisoned for any term of years or for life, or

both.

-SOURCE-

(Pub. L. 90-284, title IX, Sec. 901, Apr. 11, 1968, 82 Stat. 89;

Pub. L. 93-383, title VIII, Sec. 808(b)(4), Aug. 22, 1974, 88 Stat.

729; Pub. L. 100-430, Sec. 9, Sept. 13, 1988, 102 Stat. 1635; Pub.

L. 103-322, title XXXII, Sec. 320103(e), Sept. 13, 1994, 108 Stat.

2110; Pub. L. 104-294, title VI, Sec. 604(b)(15), (27), Oct. 11,

1996, 110 Stat. 3507, 3508.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-294, Sec. 604(b)(27), substituted "under title

18" for "under this title" wherever appearing in closing

provisions.

Pub. L. 104-294, Sec. 604(b)(15), made technical amendment to

directory language of Pub. L. 103-322, Sec. 320103(e). See 1994

Amendment note below.

1994 - Pub. L. 103-322, Sec. 320103(e)(1), as amended by Pub. L.

104-294, Sec. 604(b)(15), which directed amendment in the caption

by striking "bodily injury; death;", could not be executed because

the words "bodily injury; death;" do not appear in the section

catchline in the original.

Pub. L. 103-322, Sec. 320103(e)(2)-(7), as amended by Pub. L.

104-294, Sec. 604(b)(15), in concluding provisions, substituted

"under this title" for "not more than $1,000," before "or

imprisoned not more than one year", inserted "from the acts

committed in violation of this section or if such acts include the

use, attempted use, or threatened use of a dangerous weapon,

explosives, or fire" after "bodily injury results", substituted

"under this title" for "not more than $10,000," before "or

imprisoned not more than ten years", inserted "from the acts

committed in violation of this section or if such acts include

kidnapping or an attempt to kidnap, aggravated sexual abuse or an

attempt to commit aggravated sexual abuse, or an attempt to kill,"

after "death results", substituted "fined under this title or

imprisoned" for "subject to imprisonment" before "for any term of

years", and inserted ", or both" before period at end.

1988 - Cls. (a), (b)(1), (c). Pub. L. 100-430 inserted ",

handicap (as such term is defined in section 3602 of this title),

familial status (as such term is defined in section 3602 of this

title)," after "sex".

1974 - Pub. L. 93-383 inserted ", sex" after "religion" wherever

appearing in cls. (a), (b)(1), and (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-430 effective on 180th day beginning

after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out

as a note under section 3601 of this title.

FEDERALLY PROTECTED ACTIVITIES; PENALTIES

Penalties for violations respecting federally protected

activities not applicable to and not affecting activities under

fair housing provisions of subchapter I of this chapter, see

section 101(b) of Pub. L. 90-284, set out as a note under section

245 of Title 18, Crimes and Criminal Procedure.

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