42 U.S.C. § 3614a — Rules to implement subchapter

Page 5965 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3614a pect of a residential real estate related lend- ing transaction of that person, or any part of that transaction, in order to determine the level or effectiveness of compliance with this subchapter by that person; and (B) has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible viola- tion. (2) Privileged self-test If a person meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self- test— (A) shall be privileged; and (B) may not be obtained or used by any ap- plicant, department, or agency in any— (i) proceeding or civil action in which one or more violations of this subchapter are alleged; or (ii) examination or investigation relat- ing to compliance with this subchapter. (b) Results of self-testing (1) In general No provision of this section may be con- strued to prevent an aggrieved person, com- plainant, department, or agency from obtain- ing or using a report or results of any self-test in any proceeding or civil action in which a violation of this subchapter is alleged, or in any examination or investigation of compli- ance with this subchapter if— (A) the person to whom the self-test re- lates or any person with lawful access to the report or the results— (i) voluntarily releases or discloses all, or any part of, the report or results to the aggrieved person, complainant, depart- ment, or agency, or to the general public; or (ii) refers to or describes the report or results as a defense to charges of viola- tions of this subchapter against the person to whom the self-test relates; or (B) the report or results are sought in con- junction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate pen- alty or remedy. (2) Disclosure for determination of penalty or remedy Any report or results of a self-test that are disclosed for the purpose specified in para- graph (1)(B)— (A) shall be used only for the particular proceeding in which the adjudication or ad- mission referred to in paragraph (1)(B) is made; and (B) may not be used in any other action or proceeding. (c) Adjudication An aggrieved person, complainant, depart- ment, or agency that challenges a privilege as- serted under this section may seek a determina- tion of the existence and application of that privilege in— (1) a court of competent jurisdiction; or (2) an administrative law proceeding with appropriate jurisdiction. (Pub. L. 90–284, title VIII, § 814A, as added Pub. L. 104–208, div. A, title II, § 2302(b)(1), Sept. 30, 1996, 110 Stat. 3009–421.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Privilege provided for in this section applicable to self-test conducted before, on, or after effective date of regulations prescribed under section 2302(b)(2) of Pub. L. 104–208, set out below, with certain exception, see section 2302(c) of Pub. L. 104–208, set out as a note under section 1691c–1 of Title 15, Commerce and Trade. REGULATIONS Pub. L. 104–208, div. A, title II, § 2302(b)(2), Sept. 30, 1996, 110 Stat. 3009–423, provided that: ‘‘(A) IN GENERAL.—Not later than 6 months after the date of enactment of this Act [Sept. 30, 1996], in con- sultation with the Board and after providing notice and an opportunity for public comment, the Secretary of Housing and Urban Development shall prescribe final regulations to implement section 814A of the Fair Housing Act [42 U.S.C. 3614–1], as added by this section. ‘‘(B) SELF-TEST.— ‘‘(i) DEFINITION.—The regulations prescribed by the Secretary under subparagraph (A) shall include a def- inition of the term ‘‘self-test’’ for purposes of section 814A of the Fair Housing Act, as added by this sec- tion. ‘‘(ii) REQUIREMENT FOR SELF-TEST.—The regulations prescribed by the Secretary under subparagraph (A) shall specify that a self-test shall be sufficiently ex- tensive to constitute a determination of the level and effectiveness of the compliance by a person engaged in residential real estate related lending activities with the Fair Housing Act [42 U.S.C. 3601 et seq.]. ‘‘(iii) SUBSTANTIAL SIMILARITY TO CERTAIN EQUAL CREDIT OPPORTUNITY ACT REGULATIONS.—The regula- tions prescribed under subparagraph (A) shall be sub- stantially similar to the regulations prescribed by the Board to carry out section 704A of the Equal Credit Opportunity Act [15 U.S.C. 1691c–1], as added by this section.’’ § 3614a. Rules to implement subchapter The Secretary may make rules (including rules for the collection, maintenance, and anal- ysis of appropriate data) to carry out this sub- chapter. The Secretary shall give public notice and opportunity for comment with respect to all rules made under this section. (Pub. L. 90–284, title VIII, § 815, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1635.) Editorial Notes PRIOR PROVISIONS A prior section 815 of Pub. L. 90–284 was renumbered section 816 and is classified to section 3615 of this title. 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. INITIAL RULEMAKING Secretary to issue rules to implement this subchapter as amended by Pub. L. 100–430 not later than the 180th Page 5966 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3615 day after Sept. 13, 1988, see section 13(b) of Pub. L. 100–430, set out as a note under section 3601 of this title. § 3615. Effect on State laws Nothing in this subchapter shall be construed to invalidate or limit any law of a State or po- litical subdivision of a State, or of any other ju- risdiction in which this subchapter shall be ef- fective, that grants, guarantees, or protects the same rights as are granted by this subchapter; but any law of a State, a political subdivision, or other such jurisdiction that purports to re- quire or permit any action that would be a dis- criminatory housing practice under this sub- chapter shall to that extent be invalid. (Pub. L. 90–284, title VIII, § 816, formerly § 815, Apr. 11, 1968, 82 Stat. 89; renumbered § 816, Pub. L. 100–430, § 8(1), Sept. 13, 1988, 102 Stat. 1625.) Editorial Notes PRIOR PROVISIONS A prior section 816 of Pub. L. 90–284 was renumbered section 817 and is classified to section 3616 of this title. § 3616. Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register The Secretary may cooperate with State and local agencies charged with the administration of State and local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, not- withstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist him in carrying out this subchapter. In furtherance of such coopera- tive efforts, the Secretary may enter into writ- ten agreements with such State or local agen- cies. All agreements and terminations thereof shall be published in the Federal Register. (Pub. L. 90–284, title VIII, § 817, formerly § 816, Apr. 11, 1968, 82 Stat. 89; renumbered § 817, Pub. L. 100–430, § 8(1), Sept. 13, 1988, 102 Stat. 1625.) Editorial Notes PRIOR PROVISIONS A prior section 817 of Pub. L. 90–284 was renumbered section 818 and is classified to section 3617 of this title. Statutory Notes and Related Subsidiaries FAIR HOUSING INITIATIVES PROGRAM Pub. L. 100–242, title V, § 561, Feb. 5, 1988, 101 Stat. 1942, as amended, which established a demonstration program on fair housing initiatives and was formerly set out as a note under this section, was transferred to section 3616a of this title. § 3616a. Fair housing initiatives program (a) In general The Secretary of Housing and Urban Develop- ment (in this section referred to as the ‘‘Sec- retary’’) may make grants to, or (to the extent of amounts provided in appropriation Acts) enter into contracts or cooperative agreements with, State or local governments or their agen- cies, public or private nonprofit organizations or institutions, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices, to develop, implement, carry out, or coordinate— (1) programs or activities designed to obtain enforcement of the rights granted by title VIII of the Act of April 11, 1968 [42 U.S.C. 3601 et seq.] (commonly referred to as the Civil Rights Act of 1968), or by State or local laws that pro- vide rights and remedies for alleged discrimi- natory housing practices that are substan- tially equivalent to the rights and remedies provided in such title VIII, through such ap- propriate judicial or administrative pro- ceedings (including informal methods of con- ference, conciliation, and persuasion) as are available therefor; and (2) education and outreach programs de- signed to inform the public concerning rights and obligations under the laws referred to in paragraph (1). (b) Private enforcement initiatives (1) In general The Secretary shall use funds made avail- able under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, investigations of violations of the rights granted under title VIII of the Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.], and such enforcement activities as appropriate to remedy such violations. The Secretary may enter into multiyear contracts and take such other action as is appropriate to enhance the effectiveness of such investiga- tions and enforcement activities. (2) Activities The Secretary shall use funds made avail- able under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, a range of inves- tigative and enforcement activities designed to— (A) carry out testing and other investiga- tive activities in accordance with subsection (b)(1), including building the capacity for housing investigative activities in unserved or underserved areas; (B) discover and remedy discrimination in the public and private real estate markets and real estate-related transactions, includ- ing, but not limited to, the making or pur- chasing of loans or the provision of other fi- nancial assistance sales and rentals of hous- ing and housing advertising; (C) carry out special projects, including the development of prototypes to respond to new or sophisticated forms of discrimination against persons protected under title VIII of the Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.]; (D) provide technical assistance to local fair housing organizations, and assist in the formation and development of new fair hous- ing organizations; and (E) provide funds for the costs and ex- penses of litigation, including expert witness fees.