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U.S. Code as of:
01/19/04
Section 3610. Administrative enforcement; preliminary matters
(a) Complaints and answers
(1)(A)(i) An aggrieved person may, not later than one year after
an alleged discriminatory housing practice has occurred or
terminated, file a complaint with the Secretary alleging such
discriminatory housing practice. The Secretary, on the Secretary's
own initiative, may also file such a complaint.
(ii) Such complaints shall be in writing and shall contain such
information and be in such form as the Secretary requires.
(iii) The Secretary may also investigate housing practices to
determine whether a complaint should be brought under this section.
(B) Upon the filing of such a complaint -
(i) the Secretary shall serve notice upon the aggrieved person
acknowledging such filing and advising the aggrieved person of
the time limits and choice of forums provided under this
subchapter;
(ii) the Secretary shall, not later than 10 days after such
filing or the identification of an additional respondent under
paragraph (2), serve on the respondent a notice identifying the
alleged discriminatory housing practice and advising such
respondent of the procedural rights and obligations of
respondents under this subchapter, together with a copy of the
original complaint;
(iii) each respondent may file, not later than 10 days after
receipt of notice from the Secretary, an answer to such
complaint; and
(iv) the Secretary shall make an investigation of the alleged
discriminatory housing practice and complete such investigation
within 100 days after the filing of the complaint (or, when the
Secretary takes further action under subsection (f)(2) of this
section with respect to a complaint, within 100 days after the
commencement of such further action), unless it is impracticable
to do so.
(C) If the Secretary is unable to complete the investigation
within 100 days after the filing of the complaint (or, when the
Secretary takes further action under subsection (f)(2) of this
section with respect to a complaint, within 100 days after the
commencement of such further action), the Secretary shall notify
the complainant and respondent in writing of the reasons for not
doing so.
(D) Complaints and answers shall be under oath or affirmation,
and may be reasonably and fairly amended at any time.
(2)(A) A person who is not named as a respondent in a complaint,
but who is identified as a respondent in the course of
investigation, may be joined as an additional or substitute
respondent upon written notice, under paragraph (1), to such
person, from the Secretary.
(B) Such notice, in addition to meeting the requirements of
paragraph (1), shall explain the basis for the Secretary's belief
that the person to whom the notice is addressed is properly joined
as a respondent.
(b) Investigative report and conciliation
(1) During the period beginning with the filing of such complaint
and ending with the filing of a charge or a dismissal by the
Secretary, the Secretary shall, to the extent feasible, engage in
conciliation with respect to such complaint.
(2) A conciliation agreement arising out of such conciliation
shall be an agreement between the respondent and the complainant,
and shall be subject to approval by the Secretary.
(3) A conciliation agreement may provide for binding arbitration
of the dispute arising from the complaint. Any such arbitration
that results from a conciliation agreement may award appropriate
relief, including monetary relief.
(4) Each conciliation agreement shall be made public unless the
complainant and respondent otherwise agree and the Secretary
determines that disclosure is not required to further the purposes
of this subchapter.
(5)(A) At the end of each investigation under this section, the
Secretary shall prepare a final investigative report containing -
(i) the names and dates of contacts with witnesses;
(ii) a summary and the dates of correspondence and other
contacts with the aggrieved person and the respondent;
(iii) a summary description of other pertinent records;
(iv) a summary of witness statements; and
(v) answers to interrogatories.
(B) A final report under this paragraph may be amended if
additional evidence is later discovered.
(c) Failure to comply with conciliation agreement
Whenever the Secretary has reasonable cause to believe that a
respondent has breached a conciliation agreement, the Secretary
shall refer the matter to the Attorney General with a
recommendation that a civil action be filed under section 3614 of
this title for the enforcement of such agreement.
(d) Prohibitions and requirements with respect to disclosure of
information
(1) Nothing said or done in the course of conciliation under this
subchapter may be made public or used as evidence in a subsequent
proceeding under this subchapter without the written consent of the
persons concerned.
(2) Notwithstanding paragraph (1), the Secretary shall make
available to the aggrieved person and the respondent, at any time,
upon request following completion of the Secretary's investigation,
information derived from an investigation and any final
investigative report relating to that investigation.
(e) Prompt judicial action
(1) If the Secretary concludes at any time following the filing
of a complaint that prompt judicial action is necessary to carry
out the purposes of this subchapter, the Secretary may authorize a
civil action for appropriate temporary or preliminary relief
pending final disposition of the complaint under this section. Upon
receipt of such an authorization, the Attorney General shall
promptly commence and maintain such an action. Any temporary
restraining order or other order granting preliminary or temporary
relief shall be issued in accordance with the Federal Rules of
Civil Procedure. The commencement of a civil action under this
subsection does not affect the initiation or continuation of
administrative proceedings under this section and section 3612 of
this title.
(2) Whenever the Secretary has reason to believe that a basis may
exist for the commencement of proceedings against any respondent
under sections 3614(a) and 3614(c) of this title or for proceedings
by any governmental licensing or supervisory authorities, the
Secretary shall transmit the information upon which such belief is
based to the Attorney General, or to such authorities, as the case
may be.
(f) Referral for State or local proceedings
(1) Whenever a complaint alleges a discriminatory housing
practice -
(A) within the jurisdiction of a State or local public agency;
and
(B) as to which such agency has been certified by the Secretary
under this subsection;
the Secretary shall refer such complaint to that certified agency
before taking any action with respect to such complaint.
(2) Except with the consent of such certified agency, the
Secretary, after that referral is made, shall take no further
action with respect to such complaint unless -
(A) the certified agency has failed to commence proceedings
with respect to the complaint before the end of the 30th day
after the date of such referral;
(B) the certified agency, having so commenced such proceedings,
fails to carry forward such proceedings with reasonable
promptness; or
(C) the Secretary determines that the certified agency no
longer qualifies for certification under this subsection with
respect to the relevant jurisdiction.
(3)(A) The Secretary may certify an agency under this subsection
only if the Secretary determines that -
(i) the substantive rights protected by such agency in the
jurisdiction with respect to which certification is to be made;
(ii) the procedures followed by such agency;
(iii) the remedies available to such agency; and
(iv) the availability of judicial review of such agency's
action;
are substantially equivalent to those created by and under this
subchapter.
(B) Before making such certification, the Secretary shall take
into account the current practices and past performance, if any, of
such agency.
(4) During the period which begins on September 13, 1988, and
ends 40 months after September 13, 1988, each agency certified
(including an agency certified for interim referrals pursuant to 24
CFR 115.11, unless such agency is subsequently denied recognition
under 24 CFR 115.7) for the purposes of this subchapter on the day
before September 13, 1988, shall for the purposes of this
subsection be considered certified under this subsection with
respect to those matters for which such agency was certified on
September 13, 1988. If the Secretary determines in an individual
case that an agency has not been able to meet the certification
requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in
that jurisdiction, the Secretary may extend such period by not more
than 8 months.
(5) Not less frequently than every 5 years, the Secretary shall
determine whether each agency certified under this subsection
continues to qualify for certification. The Secretary shall take
appropriate action with respect to any agency not so qualifying.
(g) Reasonable cause determination and effect
(1) The Secretary shall, within 100 days after the filing of the
complaint (or, when the Secretary takes further action under
subsection (f)(2) of this section with respect to a complaint,
within 100 days after the commencement of such further action),
determine based on the facts whether reasonable cause exists to
believe that a discriminatory housing practice has occurred or is
about to occur, unless it is impracticable to do so, or unless the
Secretary has approved a conciliation agreement with respect to the
complaint. If the Secretary is unable to make the determination
within 100 days after the filing of the complaint (or, when the
Secretary takes further action under subsection (f)(2) of this
section with respect to a complaint, within 100 days after the
commencement of such further action), the Secretary shall notify
the complainant and respondent in writing of the reasons for not
doing so.
(2)(A) If the Secretary determines that reasonable cause exists
to believe that a discriminatory housing practice has occurred or
is about to occur, the Secretary shall, except as provided in
subparagraph (C), immediately issue a charge on behalf of the
aggrieved person, for further proceedings under section 3612 of
this title.
(B) Such charge -
(i) shall consist of a short and plain statement of the facts
upon which the Secretary has found reasonable cause to believe
that a discriminatory housing practice has occurred or is about
to occur;
(ii) shall be based on the final investigative report; and
(iii) need not be limited to the facts or grounds alleged in
the complaint filed under subsection (a) of this section.
(C) If the Secretary determines that the matter involves the
legality of any State or local zoning or other land use law or
ordinance, the Secretary shall immediately refer the matter to the
Attorney General for appropriate action under section 3614 of this
title, instead of issuing such charge.
(3) If the Secretary determines that no reasonable cause exists
to believe that a discriminatory housing practice has occurred or
is about to occur, the Secretary shall promptly dismiss the
complaint. The Secretary shall make public disclosure of each such
dismissal.
(4) The Secretary may not issue a charge under this section
regarding an alleged discriminatory housing practice after the
beginning of the trial of a civil action commenced by the aggrieved
party under an Act of Congress or a State law, seeking relief with
respect to that discriminatory housing practice.
(h) Service of copies of charge
After the Secretary issues a charge under this section, the
Secretary shall cause a copy thereof, together with information as
to how to make an election under section 3612(a) of this title and
the effect of such an election, to be served -
(1) on each respondent named in such charge, together with a
notice of opportunity for a hearing at a time and place specified
in the notice, unless that election is made; and
(2) on each aggrieved person on whose behalf the complaint was
filed.
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