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, 102 Stat. 1629.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. PRIOR PROVISIONS A prior section 3612, Pub. L. 90–284, title VIII, § 812, Apr. 11, 1968, 82 Stat. 88, related to enforcement by pri- vate persons, 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. § 3613. Enforcement by private persons (a) Civil action (1)(A) An aggrieved person may commence a civil action in an appropriate United States dis- trict court or State court not later than 2 years after the occurrence or the termination of an al- leged 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 ad- ministrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice. This subpara- graph 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 and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a concilia- tion agreement with the consent of an aggrieved person, no action may be filed under this sub- section 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 dis- criminatory 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 continu- ation of a civil action under subsection (a) without the payment of fees, costs, or secu- rity, 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 prac- tice 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, tem- porary restraining order, or other order (includ- ing an order enjoining the defendant from en- gaging in such practice or ordering such affirm- ative 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 reason- able 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 af- fect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encum- brancer, 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 Gen- eral may intervene in such civil action, if the 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 to the Attorney General by the Secretary under section 3610(g) of this title. (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 hous- ing 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. (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. (c) Enforcement of subpoenas The Attorney General, on behalf of the Sec- retary, or other party at whose request a sub- poena is issued, under this subchapter, may en- force such subpoena in appropriate proceedings in the United States district court for the dis- trict 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, in- cluding a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this sub- chapter as is necessary to assure the full en- joyment of the rights granted by this sub- chapter; (B) may award such other relief as the court deems appropriate, including monetary dam- ages to persons aggrieved; and (C) may, to vindicate the public interest, as- sess 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 reason- able attorney’s fee and costs. The United States shall be liable for such fees and costs to the ex- tent provided by section 2412 of title 28. (e) Intervention in civil actions Upon timely application, any person may in- tervene in a civil action commenced by the At- torney General under subsection (a) or (b) which involves an alleged discriminatory housing prac- tice with respect to which such person is an ag- grieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such inter- vening party as is authorized to be granted to a plaintiff in a civil action under section 3613 of this title. (Pub. L. 90–284, title VIII, § 814, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1634.) Editorial Notes PRIOR PROVISIONS A prior section 3614, Pub. L. 90–284, title VIII, § 814, Apr. 11, 1968, 82 Stat. 88, related to expedition of court proceedings under section 3612 or 3613 of this title, prior to repeal by Pub. L. 98–620, title IV, § 402(40), Nov. 8, 1984, 98 Stat. 3360. 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. § 3614–1. Incentives for self-testing and self-cor- rection (a) Privileged information (1) Conditions for privilege A report or result of a self-test (as that term is defined by regulation of the Secretary) shall be considered to be privileged under paragraph (2) if any person— (A) conducts, or authorizes an independent third party to conduct, a self-test of any as-