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

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. **

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Stable record: federal_law:legal_authorities:record_usc_a3cb7dea98925c4fe624091d
Source file: Laws/federal/codes/united-states-code/title-42/section-3613-enforcement-by-private-persons--9c217ec362.md
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Source location: Title 42, Chapter 45, § 3613; chapter-045-fair-housing.md

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**(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. **(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 subchapter. **(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 3614(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3614/e&num=0&edition=prelim) in a civil action to which such section applies.

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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

15 U.S.C. § 1691e — Civil liability

**(a) Individual or class action for actual damages** Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class. **(b) Recovery of punitive damages in individual and class action for actual damages; exemptions; maximum amount of punitive damages in individual actions; limitation on total recovery in class actions; factors determining amount of award** Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional. **(c) Action for equitable and declaratory relief** Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this subchapter. **(d) Recovery of costs and attorney fees** In the case of any successful action un

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1691e

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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. § 3614 — Enforcement by Attorney General

**(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-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3614

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

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

Page 5963 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3613 action on behalf of the aggrieved person in a United States district court seeking relief under this subsection. Venue for such civil action shall be determined under chapter 87 of title 28. (2) Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action. (3) In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discrimi- natory housing practice in a civil action under section 3613 of this title. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved per- son under section 3613 of this title shall also ac- crue 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 ag- grieved 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 aris- ing therefrom, or any civil action under this sec- tion, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 504 of title 5 or by section 2412 of title 28. (Pub. L. 90–284, title VIII, § 812, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 10

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3613

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