(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 title;
(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)
(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 title.
(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 814 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 title may be made public or
used as evidence in a subsequent proceeding under this title
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 title, 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 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 812 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 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. --
(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
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. --
(1) The
Secretary shall, 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), 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) 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 812.
(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
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--
(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.
(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. --
(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
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. -- (
(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 $11,000 if the
respondent has not been adjudged to have committed any
prior discriminatory housing practice;
(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)--
(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). 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, United States Code.
(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), 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) 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) after the end of such day; or
(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. --
(1) If an election is made under
subsection (a), 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, United States Code.
(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.
(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
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.
(c) Relief Which May Be Granted. --
(1) In a civil action
under subsection (a), 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), 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), 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.