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-
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42 USC SUBCHAPTER I - GENERALLY
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER I - GENERALLY
-HEAD-
SUBCHAPTER I - GENERALLY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1437c-1, 1437d, 1437f,
1437aaa-1, 1437aaa-2, 3535, 3608a, 3616a, 4621, 5304, 5306, 5307,
6727, 8013, 11386, 11394, 12181, 12754, 12872, 12873, 12892, 12893,
12899b, 12899c, 13603, 15024 of this title; title 12 sections
1701q, 1708, 1715z-13b, 4545; title 15 section 1691e; title 25
sections 4131, 4223; title 31 section 6711; title 49 section 70304.
-End-
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42 USC Sec. 3601
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 3601. Declaration of policy
-STATUTE-
It is the policy of the United States to provide, within
constitutional limitations, for fair housing throughout the United
States.
-SOURCE-
(Pub. L. 90-284, title VIII, Sec. 801, Apr. 11, 1968, 82 Stat. 81.)
-MISC1-
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100-430, Sec. 13(a), Sept. 13, 1988, 102 Stat. 1636,
provided that: "This Act and the amendments made by this Act [see
Short Title of 1988 Amendment note below] shall take effect on the
180th day beginning after the date of the enactment of this Act
[Sept. 13, 1988]."
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-76, Sec. 1, Dec. 28, 1995, 109 Stat. 787, provided
that: "This Act [amending section 3607 of this title] may be cited
as the 'Housing for Older Persons Act of 1995'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-430, Sec. 1, Sept. 13, 1988, 102 Stat. 1619, provided
that: "This Act [enacting sections 3610 to 3614a of this title,
amending sections 3602, 3604 to 3608, 3615 to 3619, and 3631 of
this title and sections 2341 and 2342 of Title 28, Judiciary and
Judicial Procedure, repealing former sections 3610 to 3613 of this
title, and enacting provisions set out as notes under this section
and section 3602 of this title] may be cited as the 'Fair Housing
Amendments Act of 1988'."
SHORT TITLE
Section 1 of Pub. L. 90-284, as added by Pub. L. 100-430, Sec. 2,
Sept. 13, 1988, 102 Stat. 1619, provided: "That this Act [enacting
this chapter, sections 231 to 233, 245, 2101, and 2102 of Title 18,
Crimes and Criminal Procedure, and sections 1301 to 1303, 1311,
1312, 1321 to 1326, 1331, and 1341 of Title 25, Indians, amending
sections 1973j, 3533, 3535 of this title, and sections 241, 242,
and 1153 of Title 18, enacting provisions set out as notes under
sections 231 and 245 of Title 18, and repealing provisions set out
as notes under section 1360 of Title 28, Judiciary and Judicial
Procedure] may be cited as the 'Civil Rights Act of 1968'."
Section 800 of Pub. L. 90-284, title VIII, as added by Pub. L.
100-430, Sec. 4, Sept. 13, 1988, 102 Stat. 1619, provided that:
"This title [enacting this subchapter and amending sections 3533
and 3535 of this title] may be cited as the 'Fair Housing Act'."
SEPARABILITY
Pub. L. 100-430, Sec. 14, Sept. 13, 1988, 102 Stat. 1636,
provided that: "If any provision of this Act [see Short Title of
1988 Amendment note above] or the application thereof to any person
or circumstances is held invalid, the remainder of the Act and the
application of the provision to other persons not similarly
situated or to other circumstances shall not be affected thereby."
DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS
Pub. L. 100-430, Sec. 12, Sept. 13, 1988, 102 Stat. 1636,
provided that: "Nothing in the Fair Housing Act [this subchapter]
as amended by this Act [see Short Title of 1988 Amendment note
above] limits any right, procedure, or remedy available under the
Constitution or any other Act of the Congress not so amended."
INITIAL RULEMAKING
Pub. L. 100-430, Sec. 13(b), Sept. 13, 1988, 102 Stat. 1636,
provided that: "In consultation with other appropriate Federal
agencies, the Secretary shall, not later than the 180th day after
the date of the enactment of this Act [Sept. 13, 1988], issue rules
to implement title VIII [this subchapter] as amended by this Act
[see Short Title of 1988 Amendment note above]. The Secretary shall
give public notice and opportunity for comment with respect to such
rules."
FEDERALLY PROTECTED ACTIVITIES; PENALTIES
Penalties for violations respecting federally protected
activities not applicable to and not affecting activities under
this subchapter, see section 101(b) of Pub. L. 90-284, set out as a
note under section 245 of Title 18, Crimes and Criminal Procedure.
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42 USC Sec. 3602
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 3602. Definitions
-STATUTE-
As used in this subchapter -
(a) "Secretary" means the Secretary of Housing and Urban
Development.
(b) "Dwelling" means any building, structure, or portion thereof
which is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location thereon
of any such building, structure, or portion thereof.
(c) "Family" includes a single individual.
(d) "Person" includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal
representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in cases under
title 11, receivers, and fiduciaries.
(e) "To rent" includes to lease, to sublease, to let and
otherwise to grant for a consideration the right to occupy premises
not owned by the occupant.
(f) "Discriminatory housing practice" means an act that is
unlawful under section 3604, 3605, 3606, or 3617 of this title.
(g) "State" means any of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, or any of the
territories and possessions of the United States.
(h) "Handicap" means, with respect to a person -
(1) a physical or mental impairment which substantially limits
one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction
to a controlled substance (as defined in section 802 of title 21).
(i) "Aggrieved person" includes any person who -
(1) claims to have been injured by a discriminatory housing
practice; or
(2) believes that such person will be injured by a
discriminatory housing practice that is about to occur.
(j) "Complainant" means the person (including the Secretary) who
files a complaint under section 3610 of this title.
(k) "Familial status" means one or more individuals (who have not
attained the age of 18 years) being domiciled with -
(1) a parent or another person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having such
custody, with the written permission of such parent or other
person.
The protections afforded against discrimination on the basis of
familial status shall apply to any person who is pregnant or is in
the process of securing legal custody of any individual who has not
attained the age of 18 years.
(l) "Conciliation" means the attempted resolution of issues
raised by a complaint, or by the investigation of such complaint,
through informal negotiations involving the aggrieved person, the
respondent, and the Secretary.
(m) "Conciliation agreement" means a written agreement setting
forth the resolution of the issues in conciliation.
(n) "Respondent" means -
(1) the person or other entity accused in a complaint of an
unfair housing practice; and
(2) any other person or entity identified in the course of
investigation and notified as required with respect to
respondents so identified under section 3610(a) of this title.
(o) "Prevailing party" has the same meaning as such term has in
section 1988 of this title.
-SOURCE-
(Pub. L. 90-284, title VIII, Sec. 802, Apr. 11, 1968, 82 Stat. 81;
Pub. L. 95-598, title III, Sec. 331, Nov. 6, 1978, 92 Stat. 2679;
Pub. L. 100-430, Sec. 5, Sept. 13, 1988, 102 Stat. 1619.)
-MISC1-
AMENDMENTS
1988 - Subsec. (f). Pub. L. 100-430, Sec. 5(a), substituted
"3606, or 3617" for "or 3606".
Subsecs. (h) to (o). Pub. L. 100-430, Sec. 5(b), added subsecs.
(h) to (o).
1978 - Subsec. (d). Pub. L. 95-598 substituted "trustees in cases
under title 11" for "trustees in bankruptcy".
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-430 effective on 180th day beginning
after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out
as a note under section 3601 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
TRANSVESTISM
Section 6(b)(3) of Pub. L. 100-430 provided that: "For the
purposes of this Act [see Short Title of 1988 Amendment note set
out under section 3601 of this title] as well as chapter 16 of
title 29 of the United States Code [29 U.S.C. 701 et seq.], neither
the term 'individual with handicaps' nor the term 'handicap' shall
apply to an individual solely because that individual is a
transvestite."
-End-
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42 USC Sec. 3603
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 3603. Effective dates of certain prohibitions
-STATUTE-
(a) Application to certain described dwellings
Subject to the provisions of subsection (b) of this section and
section 3607 of this title, the prohibitions against discrimination
in the sale or rental of housing set forth in section 3604 of this
title shall apply:
(1) Upon enactment of this subchapter, to -
(A) dwellings owned or operated by the Federal Government;
(B) dwellings provided in whole or in part with the aid of
loans, advances, grants, or contributions made by the Federal
Government, under agreements entered into after November 20,
1962, unless payment due thereon has been made in full prior to
April 11, 1968;
(C) dwellings provided in whole or in part by loans insured,
guaranteed, or otherwise secured by the credit of the Federal
Government, under agreements entered into after November 20,
1962, unless payment thereon has been made in full prior to April
11, 1968: Provided, That nothing contained in subparagraphs (B)
and (C) of this subsection shall be applicable to dwellings
solely by virtue of the fact that they are subject to mortgages
held by an FDIC or FSLIC institution; and
(D) dwellings provided by the development or the redevelopment
of real property purchased, rented, or otherwise obtained from a
State or local public agency receiving Federal financial
assistance for slum clearance or urban renewal with respect to
such real property under loan or grant contracts entered into
after November 20, 1962.
(2) After December 31, 1968, to all dwellings covered by
paragraph (1) and to all other dwellings except as exempted by
subsection (b) of this section.
(b) Exemptions
Nothing in section 3604 of this title (other than subsection (c))
shall apply to -
(1) any single-family house sold or rented by an owner:
Provided, That such private individual owner does not own more
than three such single-family houses at any one time: Provided
further, That in the case of the sale of any such single-family
house by a private individual owner not residing in such house at
the time of such sale or who was not the most recent resident of
such house prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale within
any twenty-four month period: Provided further, That such bona
fide private individual owner does not own any interest in, nor
is there owned or reserved on his behalf, under any express or
voluntary agreement, title to or any right to all or a portion of
the proceeds from the sale or rental of, more than three such
single-family houses at any one time: Provided further, That
after December 31, 1969, the sale or rental of any such
single-family house shall be excepted from the application of
this subchapter only if such house is sold or rented (A) without
the use in any manner of the sales or rental facilities or the
sales or rental services of any real estate broker, agent, or
salesman, or of such facilities or services of any person in the
business of selling or renting dwellings, or of any employee or
agent of any such broker, agent, salesman, or person and (B)
without the publication, posting or mailing, after notice, of any
advertisement or written notice in violation of section 3604(c)
of this title; but nothing in this proviso shall prohibit the use
of attorneys, escrow agents, abstractors, title companies, and
other such professional assistance as necessary to perfect or
transfer the title, or
(2) rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four families
living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his
residence.
(c) Business of selling or renting dwellings defined
For the purposes of subsection (b) of this section, a person
shall be deemed to be in the business of selling or renting
dwellings if -
(1) he has, within the preceding twelve months, participated as
principal in three or more transactions involving the sale or
rental of any dwelling or any interest therein, or
(2) he has, within the preceding twelve months, participated as
agent, other than in the sale of his own personal residence in
providing sales or rental facilities or sales or rental services
in two or more transactions involving the sale or rental of any
dwelling or any interest therein, or
(3) he is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families.
-SOURCE-
(Pub. L. 90-284, title VIII, Sec. 803, Apr. 11, 1968, 82 Stat. 82.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3604, 3617 of this title.
-End-
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42 USC Sec. 3604
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 3604. Discrimination in the sale or rental of housing and
other prohibited practices
-STATUTE-
As made applicable by section 3603 of this title and except as
exempted by sections 3603(b) and 3607 of this title, it shall be
unlawful -
(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, sex, familial status, or national
origin.
(b) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection therewith, because of race,
color, religion, sex, familial status, or national origin.
(c) To make, print, or publish, or cause to be made, printed, or
published any notice, statement, or advertisement, with respect to
the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin, or an intention to
make any such preference, limitation, or discrimination.
(d) To represent to any person because of race, color, religion,
sex, handicap, familial status, or national origin that any
dwelling is not available for inspection, sale, or rental when such
dwelling is in fact so available.
(e) For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, handicap, familial status,
or national origin.
(f)(1) To discriminate in the sale or rental, or to otherwise
make unavailable or deny, a dwelling to any buyer or renter because
of a handicap of -
(A) that buyer or renter,)1(!
(B) a person residing in or intending to reside in that
dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection with such dwelling, because
of a handicap of -
(A) that person; or
(B) a person residing in or intending to reside in that
dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes -
(A) a refusal to permit, at the expense of the handicapped
person, reasonable modifications of existing premises occupied or
to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises
except that, in the case of a rental, the landlord may where it
is reasonable to do so condition permission for a modification on
the renter agreeing to restore the interior of the premises to
the condition that existed before the modification, reasonable
wear and tear excepted.)2(!
(B) a refusal to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may be
necessary to afford such person equal opportunity to use and
enjoy a dwelling; or
(C) in connection with the design and construction of covered
multifamily dwellings for first occupancy after the date that is
30 months after September 13, 1988, a failure to design and
construct those dwellings in such a manner that -
(i) the public use and common use portions of such dwellings
are readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within
all premises within such dwellings are sufficiently wide to
allow passage by handicapped persons in wheelchairs; and
(iii) all premises within such dwellings contain the
following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later
installation of grab bars; and
(IV) usable kitchens and bathrooms such that an individual
in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing
accessibility and usability for physically handicapped people
(commonly cited as "ANSI A117.1") suffices to satisfy the
requirements of paragraph (3)(C)(iii).
(5)(A) If a State or unit of general local government has
incorporated into its laws the requirements set forth in paragraph
(3)(C), compliance with such laws shall be deemed to satisfy the
requirements of that paragraph.
(B) A State or unit of general local government may review and
approve newly constructed covered multifamily dwellings for the
purpose of making determinations as to whether the design and
construction requirements of paragraph (3)(C) are met.
(C) The Secretary shall encourage, but may not require, States
and units of local government to include in their existing
procedures for the review and approval of newly constructed covered
multifamily dwellings, determinations as to whether the design and
construction of such dwellings are consistent with paragraph
(3)(C), and shall provide technical assistance to States and units
of local government and other persons to implement the requirements
of paragraph (3)(C).
(D) Nothing in this subchapter shall be construed to require the
Secretary to review or approve the plans, designs or construction
of all covered multifamily dwellings, to determine whether the
design and construction of such dwellings are consistent with the
requirements of paragraph 3(C).
(6)(A) Nothing in paragraph (5) shall be construed to affect the
authority and responsibility of the Secretary or a State or local
public agency certified pursuant to section 3610(f)(3) of this
title to receive and process complaints or otherwise engage in
enforcement activities under this subchapter.
(B) Determinations by a State or a unit of general local
government under paragraphs (5)(A) and (B) shall not be conclusive
in enforcement proceedings under this subchapter.
(7) As used in this subsection, the term "covered multifamily
dwellings" means -
(A) buildings consisting of 4 or more units if such buildings
have one or more elevators; and
(B) ground floor units in other buildings consisting of 4 or
more units.
(8) Nothing in this subchapter shall be construed to invalidate
or limit any law of a State or political subdivision of a State, or
other jurisdiction in which this subchapter shall be effective,
that requires dwellings to be designed and constructed in a manner
that affords handicapped persons greater access than is required by
this subchapter.
(9) Nothing in this subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property
of others.
-SOURCE-
(Pub. L. 90-284, title VIII, Sec. 804, Apr. 11, 1968, 82 Stat. 83;
Pub. L. 93-383, title VIII, Sec. 808(b)(1), Aug. 22, 1974, 88 Stat.
729; Pub. L. 100-430, Secs. 6(a)-(b)(2), (e), 15, Sept. 13, 1988,
102 Stat. 1620, 1622, 1623, 1636.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-430, Sec. 6(e), inserted "and other prohibited
practices" in section catchline.
Subsecs. (a), (b). Pub. L. 100-430, Sec. 6(b)(2), inserted
"familial status," after "sex,".
Subsecs. (c) to (e). Pub. L. 100-430, Sec. 6(b)(1), inserted
"handicap, familial status," after "sex,".
Subsec. (f). Pub. L. 100-430, Sec. 6(a), added subsec. (f).
Subsec. (f)(3)(A). Pub. L. 100-430, Sec. 15, which directed the
substitution of "except that, in the case of a rental, the landlord
may where it is reasonable to do so condition permission for a
modification on the renter agreeing to restore the interior of the
premises to the condition that existed before the modification,
reasonable wear and tear excepted." for the period at the end of
subpar. (A) was executed by making the substitution for a semicolon
as the probable intent of Congress because subpar. (A) ended with a
semicolon, not a period.
1974 - Pub. L. 93-383 inserted ", sex" after "religion" wherever
appearing in cls. (a) to (e).
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-430 effective on 180th day beginning
after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out
as a note under section 3601 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3602, 3603, 3617 of this
title.
-FOOTNOTE-
)1(! So in original. The comma probably should be a semicolon.
)2(! So in original. The period probably should be a semicolon.
-End-
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42 USC Sec. 3605
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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-
-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.
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