US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC3613]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3613. Enforcement by private persons


(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) of this section 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.

(c) Relief which may be granted

    (1) In a civil action under subsection (a) of this section, 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) of this section, 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) of this section, 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.

(Pub. L. 90-284, title VIII, Sec. 813, as added Pub. L. 100-430, 
Sec. 8(2), Sept. 13, 1988, 102 Stat. 1633.)


                            Prior Provisions

    A prior section 3613, Pub. L. 90-284, title VIII, Sec. 813, Apr. 11, 
1968, 82 Stat. 88, related to enforcement by Attorney General by 
bringing civil action requesting preventive relief, prior to repeal by 
Pub. L. 100-430, Sec. 8(2).


                             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 section 3601 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3612, 3614 of this title.