US Laws, Codes, Statutes & Cases

      (a)      (1)      Except as provided in subsection (c) of this section, if the Commission determines that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and that conciliation has failed, the case shall be certified for processing.

            (2)      After review, the Commission shall:

                  (i)      Remand the matter for further processing;

                  (ii)      Issue a charge on behalf of the aggrieved person for further proceedings under this subtitle; or

                  (iii)      If the Commission determines that no probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall promptly dismiss the complaint.

      (b)      (1)      After the beginning of the trial of a civil action that is commenced by an aggrieved party under an act of Congress or a State law and that seeks relief for an alleged discriminatory housing practice, the Commission may not issue a charge under this section for the same alleged discriminatory housing practice.

            (2)      (i)      If the Commission determines that the matter involves the legality of a State or local zoning or other land use law or ordinance, the Commission shall immediately refer the matter to the Attorney General for appropriate action.

                  (ii)      Not less than 60 days after the Commission refers the matter to the Attorney General under subparagraph (i) of this paragraph, the Commission may issue a charge or take other appropriate action in the matter.

      (c)      After the Commission issues a charge under this section, the Commission shall cause a copy, together with information as to how to make an election under § 32 of this subtitle and the effect of the election, to be served:

            (1)      On each respondent named in the charge; and

            (2)      On each aggrieved person on whose behalf the complaint was filed.