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42 U.S.C. § 3611 — Subpoenas; giving of evidence

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3611 — Subpoenas; giving of evidence

**(a) In general** The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this subchapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. **(b) Witness fees** Witnesses summoned by a subpoena under this subchapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary. **(c) Criminal penalties** (1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both. (2) Any person who, with intent thereby to mislead another person in any proceeding under this subchapter— (A) makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a); (B) willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or (C) willfully mutilates, alters, or by any other means falsifies any documentary evidence; shall be fined not more than $100,

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Stable record: federal_law:legal_authorities:record_usc_3597679104f4fa1da2f262bb
Source file: Laws/federal/codes/united-states-code/title-42/section-3611-subpoenas-giving-of-evidence--af059f3c18.md
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Source location: Title 42, Chapter 45, § 3611; chapter-045-fair-housing.md

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**(a) In general** The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this subchapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. **(b) Witness fees** Witnesses summoned by a subpoena under this subchapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary. **(c) Criminal penalties** (1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both. (2) Any person who, with intent thereby to mislead another person in any proceeding under this subchapter— (A) makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a); (B) willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or (C) willfully mutilates, alters, or by any other means falsifies any documentary evidence; shall be fined not more than $100,000 or imprisoned not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3612 — Enforcement by Secretary

**(a) Election of judicial determination** When a charge is filed under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), 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 3610(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/h&num=0&edition=prelim) 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 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim), the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under [section 3610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610&num=0&edition=prelim). The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim). The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory h

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3612

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3611 — Subpoenas; giving of evidence

Page 5960 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3611 (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 dis- criminatory housing practice has occurred or is about to occur, unless it is impracticable to do so, or unless the Secretary has approved a con- ciliation agreement with respect to the com- plaint. If the Secretary is unable to make the determination within 100 days after the filing of the complaint (or, when the Secretary takes fur- ther action under subsection (f)(2) with respect to a complaint, within 100 days after the com- mencement of such further action), the Sec- retary shall notify the complainant and re- spondent in writing of the reasons for not doing so. (2)(A) If the Secretary determines that reason- able cause exists to believe that a discrimina- tory 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 pro- ceedings under section 3612 of this title. (B) Such charge— (i) shall consist of a short and plain state- ment of the facts upon which the Secretary has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; (ii) shall be based on the final investigative report; and (iii) need not be limited to the facts or grounds alleged in the complaint filed under subsection (a). (C) If the Secretary determines that the mat- ter 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 sectio

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3611

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