42 U.S.C. § 3617 — Interference, coercion, or intimidation

Page 5969 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3617 104–66, title I, § 1071(d), Dec. 21, 1995, 109 Stat. 720.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1968, referred to in subsecs. (a)(1), (b)(1), (2)(C), (c)(1), and (d), is Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 73. Title VIII of the Act, known as the Fair Housing Act, is classified principally to sub- chapter I (§ 3601 et seq.) of this chapter. For complete classification of these Acts to the Code, see Short Title notes set out under section 3601 of this title and Tables. The Fair Housing Act Amendments of 1988, referred to in subsec. (d)(1), probably means the Fair Housing Amendments Act of 1988, Pub. L. 100–430, Sept. 13, 1988, 102 Stat. 1619. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 3601 of this title and Tables. The phrase ‘‘Not later than 6 months after the end of the demonstration period authorized in this section’’, referred to in subsec. (f)(2), probably means the end of the demonstration period pursuant to former subsec. (e) of this section, which provided that such period was to end Sept. 30, 1992. However, subsec. (e) was redesig- nated (h) and struck out by Pub. L. 102–550. See 1992 Amendment notes below. CODIFICATION Section was enacted as part of the Housing and Com- munity Development Act of 1987, and not as part of title VIII of Pub. L. 90–284, known as the Fair Housing Act, which comprises this subchapter. Section was formerly set out as a note under section 3616 of this title. AMENDMENTS 1995—Subsec. (e)(2). Pub. L. 104–66 struck out par. (2) which read as follows: ‘‘The Secretary shall provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives a quarterly report that summarizes the activities funded under this section and describes the geographical dis- tribution of grants, contracts, or cooperative agree- ments funded under this section.’’ 1992—Subsecs. (b) to (f). Pub. L. 102–550, § 905(b)(1), (2), added subsecs. (b) to (d) and redesignated former sub- secs. (b) and (c) as (e) and (f), respectively. Subsec. (g). Pub. L. 102–550, § 905(b)(1), (3), redesig- nated subsec. (d) as (g) and, in first sentence, sub- stituted ‘‘$21,000,000 for fiscal year 1993 and $26,000,000 for fiscal year 1994, of which—’’ and pars. (1) to (4) for ‘‘including any program evaluations, $6,000,000 for fiscal year 1991 and $6,300,000 for fiscal year 1992, of which not more than $3,000,000 in each year shall be for the pri- vate enforcement initiative demonstration.’’ Subsec. (h). Pub. L. 102–550, § 905(b)(4), added subsec. (h) and struck out former subsec. (h) which provided that the demonstration period authorized by this sec- tion would end Sept. 30, 1992. Pub. L. 102–550, § 905(b)(1), redesignated subsec. (e) as (h). Subsecs. (i), (j). Pub. L. 102–550, § 905(b)(4), added sub- secs. (i) and (j). 1990—Subsec. (d). Pub. L. 101–625, § 953(a), amended first sentence generally. Prior to amendment, first sen- tence read as follows: ‘‘There are authorized to be ap- propriated to carry out the provisions of this section, including any program evaluations, $5,000,000 for fiscal year 1988, and $5,000,000 for fiscal year 1989, of which not more than $3,000,000 in each year shall be for the pri- vate enforcement initiative demonstration.’’ Subsec. (e). Pub. L. 101–625, § 953(b), substituted ‘‘1992’’ for ‘‘1989’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. CONGRESSIONAL FINDINGS Pub. L. 102–550, title IX, § 905(a), Oct. 28, 1992, 106 Stat. 3868, provided that: ‘‘The Congress finds that— ‘‘(1) in the past half decade, there have been major legislative and administrative changes in Federal fair housing and fair lending laws and substantial im- provements in the Nation’s understanding of dis- crimination in the housing markets; ‘‘(2) in response to evidence of continuing housing discrimination, the Congress passed the Fair Housing Act Amendments of 1988 [probably should be the Fair Housing Amendments Act of 1988, Pub. L. 100–430, see Short Title of 1988 Amendment note set out under section 3601 of this title], to provide for more effec- tive enforcement of fair housing rights through judi- cial and administrative avenues and to expand the number of protected classes covered under Federal fair housing laws; ‘‘(3) in the Financial Institutions Reform, Recovery and Enforcement Act of 1989 [Pub. L. 101–73, see Short Title of 1989 Amendment note set out under 12 U.S.C. 1811], the Congress expanded the disclosure provisions under the Home Mortgage Disclosure Act [probably should be the Home Mortgage Disclosure Act of 1975; 12 U.S.C. 2801 et seq.] to provide increased informa- tion on the mortgage lending patterns of financial in- stitutions; ‘‘(4) in the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], the Congress provided a clear and comprehensive national mandate for the elimi- nation of discrimination against individuals with dis- abilities; ‘‘(5) in 1991, data collected under the Home Mort- gage Disclosure Act disclosed evidence of pervasive discrimination in the Nation’s mortgage lending mar- kets; ‘‘(6) the Housing Discrimination Survey, released by the Department of Housing and Urban Develop- ment in 1991, found that Hispanic and African-Amer- ican homeseekers experience some form of discrimi- nation in at least half of their encounters with sales and rental agents; ‘‘(7) the Fair Housing Initiatives Program should be revised and expanded to reflect the significant changes in the fair housing and fair lending area that have taken place since the Program’s initial author- ization in the Housing and Community Development Act of 1987 [Pub. L. 100–242, see Short Title of 1988 Amendment note under section 5301 of this title]; ‘‘(8) continuing educational efforts by the real es- tate industry are a useful way to increase under- standing by the public of their fair housing rights and responsibilities; and ‘‘(9) the proven efficacy of private nonprofit fair housing enforcement organizations and community- based efforts makes support for these organizations a necessary component of the fair housing enforcement system.’’ § 3617. Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the ex- ercise or enjoyment of, or on account of his hav- ing exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted Page 5970 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3618 or protected by section 3603, 3604, 3605, or 3606 of this title. (Pub. L. 90–284, title VIII, § 818, formerly § 817, Apr. 11, 1968, 82 Stat. 89; renumbered § 818 and amended Pub. L. 100–430, §§ 8(1), 10, Sept. 13, 1988, 102 Stat. 1625, 1635.) Editorial Notes PRIOR PROVISIONS A prior section 818 of Pub. L. 90–284 was renumbered section 819 and is classified to section 3618 of this title. AMENDMENTS 1988—Pub. L. 100–430 struck out at end ‘‘This section may be enforced by appropriate civil action.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–430 effective on the 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title. § 3618. Authorization of appropriations There are hereby authorized to be appro- priated such sums as are necessary to carry out the purposes of this subchapter. (Pub. L. 90–284, title VIII, § 819, formerly § 818, Apr. 11, 1968, 82 Stat. 89; renumbered § 819, Pub. L. 100–430, § 8(1), Sept. 13, 1988, 102 Stat. 1625.) Editorial Notes PRIOR PROVISIONS A prior section 819 of Pub. L. 90–284 was renumbered section 820 and is classified to section 3619 of this title. § 3619. Separability If any provision of this subchapter or the ap- plication 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 cir- cumstances shall not be affected thereby. (Pub. L. 90–284, title VIII, § 820, formerly § 819, Apr. 11, 1968, 82 Stat. 89; renumbered § 820, Pub. L. 100–430, § 8(1), Sept. 13, 1988, 102 Stat. 1625.) SUBCHAPTER II—PREVENTION OF INTIMIDATION § 3631. Violations; 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— (a) any person because of his race, color, re- ligion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin and because he is or has been selling, purchasing, renting, financ- ing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or oc- cupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or (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— (1) participating, without discrimination on account of race, color, religion, sex, hand- icap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or na- tional origin, in any of the activities, serv- ices, organizations or facilities described in subsection (a); or (2) affording another person or class of per- sons opportunity or protection so to partici- pate; 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 encour- aging other persons to participate, without discrimination on account of race, color, reli- gion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin, in any of the activi- ties, services, organizations or facilities de- scribed in subsection (a), or participating law- fully in speech or peaceful assembly opposing any denial of the opportunity to so partici- pate— shall be fined under title 18 or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, at- tempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under title 18 or imprisoned not more than ten years, or both; and if death results from the acts com- mitted in violation of this section or if such acts include kidnapping or an attempt to kidnap, ag- gravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under title 18 or imprisoned for any term of years or for life, or both. (Pub. L. 90–284, title IX, § 901, Apr. 11, 1968, 82 Stat. 89; Pub. L. 93–383, title VIII, § 808(b)(4), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, § 9, Sept. 13, 1988, 102 Stat. 1635; Pub. L. 103–322, title XXXII, § 320103(e), Sept. 13, 1994, 108 Stat. 2110; Pub. L. 104–294, title VI, § 604(b)(15), (27), Oct. 11, 1996, 110 Stat. 3507, 3508.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, § 604(b)(27), substituted ‘‘under title 18’’ for ‘‘under this title’’ wherever appearing in closing provisions. Pub. L. 104–294, § 604(b)(15), made technical amend- ment to directory language of Pub. L. 103–322, § 320103(e). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 320103(e)(1), as amended by Pub. L. 104–294, § 604(b)(15), which directed amendment in the caption by striking ‘‘bodily injury; death;’’, could not be executed because the words ‘‘bodily injury; death;’’ do not appear in the section catchline in the original. Pub. L. 103–322, § 320103(e)(2)–(7), as amended by Pub. L. 104–294, § 604(b)(15), in concluding provisions, sub- stituted ‘‘under this title’’ for ‘‘not more than $1,000,’’ before ‘‘or imprisoned not more than one year’’, in- serted ‘‘from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or