15 Minutes to Manhattan

Sec. 800. [42 U.S.C. 3601 note] Short Title

This title may be cited as the "Fair Housing Act".

Sec. 801. [42 U.S.C. 3601] Declaration of Policy

It is the policy of the United States to provide, within
constitutional limitations, for fair housing throughout the
United States.

Sec. 802. [42 U.S.C. 3602] Definitions

As used in this subchapter--

(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.

(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 [of the United States Code], 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 804, 805, 806, or 818 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--

(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
102 of the Controlled Substances Act (21 U.S.C. 802)).

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

(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 810.

(k) "Familial status" means one or more individuals (who
have not attained the age of 18 years) being domiciled with--

(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--

(2) any other person or entity identified in the
course of investigation and notified as required with
respect to respondents so identified under section 810(a).

(o) "Prevailing party" has the same meaning as such term
has in section 722 of the Revised Statutes of the United States
(42 U.S.C. 1988).

[42 U.S.C. 3602 note] Neither the term "individual with handicaps" nor the term "handicap" shall apply to an individual
solely because that individual is a transvestite.

Sec. 803. [42 U.S.C. 3603] Effective dates of certain
prohibitions

(1) Upon enactment of this subchapter, to--

(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)Nothing in section 804 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
804(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)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--

(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.

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of
housing and other prohibited practices

As made applicable by section 803 of this title and except
as exempted by sections 803(b) and 807 of this title, it shall be
unlawful--

(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)

(A) that buyer or renter,

(B) a person residing in or intending to reside
in that dwelling after it is so sold, rented, or made
available; or

(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

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

(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 the
date of enactment of the Fair Housing Amendments Act of
1988, a failure to design and construct those dwelling
in such a manner that--

(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:

(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)

(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 title 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)

(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 title.

(7) As used in this subsection, the term "covered multifamily dwellings" means--

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

(8) Nothing in this title shall be construed to
invalidate or limit any law of a State or political
subdivision of a State, or other jurisdiction in which this
title 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
title.

(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.

Sec. 805. [42 U.S.C. 3605] Discrimination in Residential Real
Estate-Related Transactions

(b) Definition.--As used in this section, the term
"residential real estate-related transaction" means any of the
following:

(B) secured by residential real estate.

(2) The selling, brokering, or appraising of
residential real property.

(c) Appraisal Exemption.--Nothing in this title 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.

Sec. 806. [42 U.S.C. 3606] Discrimination in provision of
brokerage services

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.

Sec. 807. [42 U.S.C. 3607] Religious organization or private

club exemption

(b)

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

(B) intended for, and solely occupied by, persons
62 years of age or older; or

(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--

(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 the
date of enactment of this Act who do not meet the age
requirements of subsections (2)(B) or (C): Provided,
That new occupants of such housing meet the age
requirements of sections (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 (2)(B) or (C).

(4) Nothing in this title 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
102 of the Controlled Substances Act (21 U.S.C. 802).

(5)

(B) For the purposes of this paragraph, a person may only
show good faith reliance on the application of the exemption by
showing that--

(ii) the facility or community has stated formally, in
writing, that the facility or community complies with the
requirements for such exemption.

Sec. 808. [42 U.S.C. 3608] Administration

(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
power 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 [of the United States Code]. 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--

(2) publish and disseminate reports, recommendations,
and information derived from such studies, including an
annual report to the Congress--

(B) containing tabulations of the number of
instances (and the reasons therefor) in the preceding
year in which--

(ii) determinations are not made within the
time specified in section 810(g); and

(iii) hearings are not commenced or
findings and conclusions are not made as required
by section 812(g);

(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) 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) The provisions of law and Executive orders to which
subsection (e)(6) applies are--

(1) title VI of the Civil Rights Act of 1964;

(2) title VIII of the Civil Rights Act of 1968;

(3) section 504 of the Rehabilitation Act of 1973;

(4) the Age Discrimination Act of 1975;

(5) the Equal Credit Opportunity Act;

(6) section 1978 of the Revised Statutes (42 U.S.C.
1982);

(7) section 8(a) of the Small Business Act;

(8) section 527 of the National Housing Act;

(9) section 109 of the Housing and Community
Development Act of 1974;

(10) section 3 of the Housing and Urban Development Act
of 1968;

(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.

Sec. 808a. [42 U.S.C. 3608a] Collection of certain data

(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.A. {2000d et seq.] and title
VIII of Public Law 90-284 [42 U.S.C.A. {3601 et seq.]), the
Secretary of Housing and Urban Development and the Secretary of
Agriculture shall each 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 involved determines such collection to be appropriate.

(b) Reports to Congress

The Secretary of Housing and Urban Development and the
Secretary of Agriculture shall each 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.

Sec. 809. [42 U.S.C. 3609] Education and conciliation;
conferences and consultations; reports

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.

Sec. 810. [42 U.S.C. 3610] Administrative Enforcement;
Preliminary Matters

(a) Complaints and Answers. --

(1)

(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--

(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 title,
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) 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) 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)

(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. --

(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 title.

(5)

(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 814 for
the enforcement of such agreement.

(d) Prohibitions and Requirements With Respect to
Disclosure of Information. --

(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. --

(2) Whenever the Secretary has reason to believe that
a basis may exist for the commencement of proceedings
against any respondent under section 814(a) and 814(c) 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. --

(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--

(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)

(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
title.

(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 the date of the
enactment of the Fair Housing Amendments Act of 1988 and
ends 40 months after such date, 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 title on the day before such date 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 that date. 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. --

(2)

(B) Such charge--

(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
section 810(a).

(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 814, 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 812(a) and the effect of such an election,
to be served--

(2) on each aggrieved person on whose behalf the
complaint was filed.

Sec. 811. [42 U.S.C. 3611] Subpoenas; Giving of Evidence

(b) Witness Fees. -- Witnesses summoned by a subpoena under
this title shall be entitled to 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.

(2) Any person who, with intent thereby to mislead
another person in any proceeding under this title--

(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

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

Sec. 812. [42 U.S.C. 3612] Enforcement by Secretary

(a) Election of Judicial Determination. -- When a charge is
filed under section 810, 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) in lieu of a hearing under
subsection (b). The election must be made not later than 20 days
after the receipt by the electing person of service under section
810(h) 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) with
respect to a charge filed under section 810, the Secretary shall
provide an opportunity for a hearing on the record with respect
to a charge issued under section 810. The Secretary shall
delegate the conduct of a hearing under this section to an
administrative law judge appointed under section 3105 of title 5,
United States Code. 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 811. 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. --

(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
the date of enactment of this subsection, 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. -- (

(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--

(B) in an amount not exceeding $27,500 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 $55,000 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 title.

(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)--

(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. --

(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. --

(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. --

(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. --

(B) affirm, modify, or set aside, in whole or in
part, the order, or remand the order for further
proceedings; and

(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) 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--

(2) under subsection (m).

(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), and the Secretary has not sought enforcement of the order
under subsection (j), 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 (1)
or (m) 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. --

(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 813. Any relief so granted that would accrue to an
aggrieved person in a civil action commenced by that
aggrieved person under section 813 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 section 812, 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, United States Code, or by section 2412 of
title 28, United States Code.

Sec. 813. [42 U.S.C. 3613] Enforcement by Private Persons

(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
title, 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 title was pending with respect to
a complaint or charge under this title 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 810(a) 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 title
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) 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.

(2) In a civil action under subsection (a), 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 title.

(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 814(e) in a civil action to which
such section applies.

Sec. 814. [42 U.S.C. 3614] Enforcement by the Attorney General

(b) On Referral of Discriminatory Housing Practice or
Conciliation Agreement for Enforcement. --

(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 810(c).

(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
810(c).

(c) Enforcement of Subpoenas. -- The Attorney General, on
behalf of the Secretary, or other party at whose request a
subpoena is issued, under this title, 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). --

(B) may award such other relief as the court
deems appropriate, including monetary damages to
persons aggrieved; and

(ii) in an amount not exceeding $110,000, 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,
United States Code.

(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) 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 813.

Sec. 814a. Incentives for Self-Testing and Self-Correction

(B) has identified any possible violation of this title
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 --

(ii) examination or investigation relating to
compliance with this title.

(b) Results of Self-Testing. --

(ii) refers to or describes the report or results
as a defense to charges of violations of this title
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
title 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) --

(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.

(2) Regulations. --

(B) Self-Test. --

(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.

(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, as added by this section.

(2) Exception. -- The privilege referred to in paragraph (1)
does not apply to such a self-test conducted before the effective
date of the regulations prescribed under subsection (a) or (b),
as appropriate, if --

(ii) the subject of an ongoing administrative law
proceeding;

(B) in the case of section 704a of the Equal Credit
Opportunity Act, the creditor has waived the privilege
pursuant to subsection (b)(1)(A)(i) of that section; or

(C) in the case of section 814a of the Fair Housing
Act, the person engaged in residential real estate related
lending activities has waived the privilege pursuant to
subsection (b)(1)(A)(i) of that section.

Sec. 815. [42 U.S.C. 3614a] Rules to Implement Title

The Secretary may make rules (including rules for the
collection, maintenance, and analysis of appropriate
data) to carry out this title. The Secretary shall give
public notice and opportunity for comment with respect to all
rules made under this section.

Sec. 816. [42 U.S.C. 3615] Effect on State laws

Nothing in this subchapter shall be constructed 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.

Sec. 817. [42 U.S.C. 3616] Cooperation with State and local
agencies administering fair housing laws; utilization of services
and personnel; reimbursement; written agreements; publication in

Federal Register

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.

Sec. 818. [42 U.S.C. 3617] Interference, coercion, or
intimidation; enforcement by civil action

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 803, 804,
805, or 806 of this title.

Sec. 819. [42 U.S.C. 3618] Authorization of appropriations

There are hereby authorized to be appropriated such sums as
are necessary to carry out the purposes of this subchapter.

Sec. 820. [42 U.S.C. 3619] Separability of provisions

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.

(Sec. 12 of 1988 Act). [42 U.S.C. 3601 note] Disclaimer of
Preemptive Effect on Other Acts

Nothing in the Fair Housing Act as amended by this Act
limits any right, procedure, or remedy available under the
Constitution or any other Act of the Congress not so amended.

(Sec. 13 of 1988 Act). [42 U.S.C. 3601 note] Effective Date
and Initial Rulemaking

(b) Initial Rulemaking. -- 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, issue rules to implement title VIII as amended by this
Act. The Secretary shall give public notice and opportunity
for comment with respect to such rules.

(Sec. 14 of 1988 Act). [42 U.S.C. 3601 note] Separability of
Provisions

If any provision of this Act 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.

Section 901. (Title IX As Amended) [42 U.S.C. 3631]
Violations; bodily injury; death; penalties

Whoever, whether or not acting under color of law, by force
or threat of force willfully injures, intimidates or interferes
with, or attempts to injure, intimidate or interfere with--

(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--

(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 802 of
this Act), familial status (as such term is defined in
section 802 of this Act), 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 not more than $1,000, or imprisoned not more than
one year, or both; and if bodily injury results shall be fined
not more than $10,000, or imprisoned not more than ten years, or
both; and if death results shall be subject to imprisonment for
any term of years or for life.

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