Fair Housing Resources
by Fair Housing Helper™

Follow fairhousing on Twitter

The Fair Housing Act - Full Text


The Fair Housing Act (FHA), also known as Title VIII of the Civil Rights Act of 1968, as amended, protects people against housing discrimination based on race, color, religion, national origin, sex, disability, and familial status. President Lyndon Johnson signed the FHA into law on April 11, 1968, exactly one week after the assassination of the Rev. Dr. Martin Luther King, Jr.



                      42 USC CHAPTER 45 - FAIR HOUSING                     


                             SUBCHAPTER I - GENERALLY                     



                Click a section heading to jump to that section.

    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.

-End-

Return to Top

-CITE-
    42 USC SUBCHAPTER I - GENERALLY                             

-EXPCITE-
    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-

Return to Top

-CITE-
    42 USC Sec. 3601                                            

-EXPCITE-
    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-

Return to Top

-CITE-
    42 USC Sec. 3602                                            

-EXPCITE-
    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-

Return to Top

-CITE-
    42 USC Sec. 3603                                            

-EXPCITE-
    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-

Return to Top

-CITE-
    42 USC Sec. 3604                                            

-EXPCITE-
    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-

Return to Top

-CITE-
    42 USC Sec. 3605                                            

-EXPCITE-
    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-

Return to Top

-CITE-
    42 USC Sec. 3606                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3607                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3608                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3608a                                           

-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-

Return to Top

-CITE-
    42 USC Sec. 3609                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3610                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3611                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3612                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3613                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3614                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3614-1                                          

-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-

Return to Top

-CITE-
    42 USC Sec. 3614a                                           

-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-

Return to Top

-CITE-
    42 USC Sec. 3615                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3616                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3616a                                           

-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-

Return to Top

-CITE-
    42 USC Sec. 3617                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3618                                            

-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-

Return to Top

-CITE-
    42 USC Sec. 3619                                            

-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           

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 45 - FAIR HOUSING
    SUBCHAPTER II - PREVENTION OF INTIMIDATION

-HEAD-
                SUBCHAPTER II - PREVENTION OF INTIMIDATION            

-End-

Return to Top

-CITE-
    42 USC Sec. 3631                                            

-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.

-End-

Return to Top


    

Contact Fair Housing Helper at info@fairhousinghelper.com or P.O. Box 1182, Melville, NY 11747
Copyright © 2007-2016 Fair Housing Helper. All rights reserved.

Important Disclaimer