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U.S. Code as of:
01/19/04
Section 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.
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