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42 U.S.C. § 3614 — Enforcement by Attorney General

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

42 U.S.C. § 3614 — Enforcement by Attorney General

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Source file: Laws/federal/codes/united-states-code/title-42/section-3614-enforcement-by-attorney-general--929c8997eb.md
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Source location: Title 42, Chapter 45, § 3614; chapter-045-fair-housing.md

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**(a) Pattern or practice cases** Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this subchapter, or that any group of persons has been denied any of the rights granted by this subchapter and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court. **(b) On referral of discriminatory housing practice or conciliation agreement for enforcement** (1) (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the Secretary under [section 3610(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/g&num=0&edition=prelim). (B) A civil action under this paragraph may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice. (2) (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to breach of a conciliation agreement referred to the Attorney General by the Secretary under [section 3610(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/c&num=0&edition=prelim). (B) A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under [section 3610(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/c&num=0&edition=prelim). **(c) Enforcement of subpoenas** The Attorney General, on behalf of the Secretary, or other party at whose request a subpoena is issued, under this subchapter, may enforce such subpoena in appropriate proceedings in the United States district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. **(d) Relief which may be granted in civil actions under subsections (a) and (b)** (1) In a civil action under subsection (a) or (b), the court— (A) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this subchapter as is necessary to assure the full enjoyment of the rights granted by this subchapter; (B) may award such other relief as the court deems appropriate, including monetary damages to persons aggrieved; and (C) may, to vindicate the public interest, assess a civil penalty against the respondent— (i) in an amount not exceeding $50,000, for a first violation; and (ii) in an amount not exceeding $100,000, for any subsequent violation. (2) In a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by [section 2412 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412&num=0&edition=prelim). **(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 3613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3613&num=0&edition=prelim).

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

42 U.S.C. § 3613 — Enforcement by private persons

**(a) Civil action** (1) (A) An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. (B) The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement. (2) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under [section 3610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3610/a&num=0&edition=prelim) and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement. (3) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this subchapter with respect to such charge. **

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3613

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

28 U.S.C. § 2412 — Costs and fees

**(a)** (1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in [section 1920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1920&num=0&edition=prelim), but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under [section 1914(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1914/a&num=0&edition=prelim). The preceding sentence shall not be construed as requiring the United States to pay any filing fee. **(b)** Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides f

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2412

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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

28 U.S.C. § 1657 — Priority of civil actions

**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit. **(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1657

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

42 U.S.C. § 3610 — Administrative enforcement; preliminary matters

**(a) Complaints and answers** (1) (A) (i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The Secretary, on the Secretary’s own initiative, may also file such a complaint. (ii) Such complaints shall be in writing and shall contain such information and be in such form as the Secretary requires. (iii) The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section. (B) Upon the filing of such a complaint— (i) the Secretary shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this subchapter; (ii) the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this subchapter, together with a copy of the original complaint; (iii) each respondent may file, not later than 10 days after receipt of notice from the Secretary, an answer to such complaint; and (iv) the Secretary shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3610

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

42 U.S.C. § 3614 — Enforcement by Attorney General

Page 5964 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3614 Attorney General certifies that the case is of general public importance. Upon such interven- tion the Attorney General may obtain such re- lief as would be available to the Attorney Gen- eral under section 3614(e) of this title in a civil action to which such section applies. (Pub. L. 90–284, title VIII, § 813, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1633.) Editorial Notes PRIOR PROVISIONS A prior section 3613, Pub. L. 90–284, title VIII, § 813, Apr. 11, 1968, 82 Stat. 88, related to enforcement by At- torney General by bringing civil action requesting pre- ventive relief, prior to repeal by Pub. L. 100–430, § 8(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an Effective Date of 1988 Amendment note under sec- tion 3601 of this title. § 3614. Enforcement by Attorney General (a) Pattern or practice cases Whenever the Attorney General has reason- able cause to believe that any person or group of persons is engaged in a pattern or practice of re- sistance to the full enjoyment of any of the rights granted by this subchapter, or that any group of persons has been denied any of the rights granted by this subchapter and such de- nial raises an issue of general public impor- tance, the Attorney General may commence a civil action in any appropriate United States district court. (b) On referral of discriminatory housing prac- tice or conciliation agreement for enforce- ment (1)(A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to a discriminatory housing practice referred

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3614

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