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

submitted 38 years ago by Pub. L. 90-284 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 600 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows an aggrieved person to bring a civil action for a discriminatory housing practice or a breached conciliation agreement. It provides rules on timing, counsel, relief, prior transactions, and Attorney General intervention.

(a) Civil action. (1)(A) An aggrieved person may sue in an appropriate United States district or State court within 2 years after the discriminatory housing practice or its ending, or after a conciliation agreement is breached, whichever is later. (B) For a practice claim, the 2-year period excludes time while a related administrative proceeding is pending; this exclusion does not apply to an agreement-breach action. (2) The person may sue whether or not a section 3610(a) complaint was filed and regardless of its status. But after a Secretary or State or local agency obtains a conciliation agreement with the person’s consent, the person may sue only to enforce that agreement. (3) The person may not sue over a practice underlying a Secretary’s charge after an administrative law judge begins the charge hearing. (b) On application, the court may appoint counsel or allow the action to begin or continue without fees, costs, or security if the applicant cannot afford them. (c)(1) If the court finds a practice happened or is about to happen, it may award actual and punitive damages and, subject to subsection (d), grant injunctions, restraining orders, or other orders, including orders stopping the practice or requiring suitable affirmative action. (2) The court may allow the prevailing non-United States party reasonable attorney fees and costs; the United States is liable to the same extent as a private person. (d) Relief does not affect an earlier completed contract, sale, encumbrance, or lease involving a bona fide purchaser, encumbrancer, or tenant who lacked actual notice of the complaint or civil action. (e) If the Attorney General certifies that the case is of general public importance, the Attorney General may timely intervene and obtain relief available under section 3614(e).

the actual law source: uscode.house.gov ↗public domain

(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 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.

(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 in a civil action to which such section applies.

Source credit: (Pub. L. 90–284, title VIII, § 813, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1633.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 90-284 · 102 Stat. 1633

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-284 on 1988-09-13.

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