
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3612]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3612. Enforcement by Secretary


(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.

(Pub. L. 90-284, title VIII, Sec. 812, as added Pub. L. 100-430, 
Sec. 8(2), Sept. 13, 1988, 102 Stat. 1629.)

                       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.


                            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.

                  Section Referred to in Other Sections

    This section is referred to in section 3608 of this title; title 28 
sections 2341, 2342.
