(a) When a charge is filed under
section 810, a complainant, a respondent, or an aggrieved person on
whose behalf the complaint was filed, may elect to have the claims
asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing
under subsection (b). The election must be made not later than 20
days after the receipt by the electing person of service under section
810(h) or, in the case of the Secretary, not later than 20 days after
such service. The person making such election shall give notice of
doing so to the Secretary and to all other complainants and respondents
to whom the charge relates.
6-1463.1
(b) If an
election is not made under subsection (a) with respect to a charge
filed under section 810, the Secretary shall provide an opportunity
for a hearing on the record with respect to a charge issued under
section 810. The Secretary shall delegate the conduct of a hearing
under this section to an administrative law judge appointed under
section 3105 of title 5, United States Code. The administrative law
judge shall conduct the hearing at a place in the vicinity in which
the discriminatory housing practice is alleged to have occurred or
to be about to occur.
6-1463.2
(c) At a hearing
under this section, each party may appear in person, be represented
by counsel, present evidence, cross-examine witnesses, and obtain
the issuance of subpoenas under section 811. Any aggrieved person
may intervene as a party in the proceeding. The Federal Rules of Evidence
apply to the presentation of evidence in such hearing as they would
in a civil action in a United States district court.
6-1463.3
(d) (1) Discovery in administrative
proceedings under this section shall be conducted as expeditiously
and inexpensively as possible, consistent with the need of all parties
to obtain relevant evidence.
(2) A hearing under this section shall
be conducted as expeditiously and inexpensively as possible, consistent
with the needs and rights of the parties to obtain a fair hearing
and a complete record.
(3) The Secretary shall, not later than 180 days after the date of
enactment of this subsection, issue rules to implement this subsection.
6-1463.4
(e) Any resolution of a charge before a final order
under this section shall require the consent of the aggrieved person
on whose behalf the charge is issued.
(f) An administrative
law judge may not continue administrative proceedings under this section
regarding any 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.
6-1463.5
(g) (1) The administrative law judge
shall commence the hearing under this section no later than 120 days
following the issuance of the charge, unless it is impracticable to
do so. If the administrative law judge is unable to commence the hearing
within 120 days after the issuance of the charge, the administrative
law judge shall notify the Secretary, the aggrieved person on whose
behalf the charge was filed, and the respondent, in writing of the
reasons for not doing so.
(2) The administrative law judge shall make findings of fact and
conclusions of law within 60 days after the end of the hearing under
this section, unless it is impracticable to do so. If the administrative
law judge is unable to make findings of fact and conclusions of law
within such period, or any succeeding 60-day period thereafter, the
administrative law judge shall notify the Secretary, the aggrieved
person on whose behalf the charge was filed, and the respondent, in
writing of the reasons for not doing so.
6-1463.6
(3) If the administrative law judge finds
that a respondent has engaged or is about to engage in a discriminatory
housing practice, such administrative law judge shall promptly issue an order for such
relief as may be appropriate, which may include actual damages suffered
by the aggrieved person and injunctive or other equitable relief.
Such order may, to vindicate the public interest, assess a civil penalty
against the respondent—
(A) in an amount not exceeding $10,000
if the respondent has not been adjudged to have committed any prior
discriminatory housing practice;
(B) in an amount not exceeding $25,000
if the respondent has been adjudged to have committed one other discriminatory
housing practice during the 5-year period ending on the date of the
filing of this charge; and
(C) in an amount not exceeding $50,000
if the respondent has been adjudged to have committed 2 or more discriminatory
housing practices during the 7-year period ending on the date of the
filing of this charge;
except that if the acts constituting the discriminatory
housing practice that is the object of the charge are committed by
the same natural person who has been previously adjudged to have committed
acts constituting a discriminatory housing practice, then the civil
penalties set forth in subparagraphs (B) and (C) may be imposed without
regard to the period of time within which any subsequent discriminatory
housing practice occurred.
6-1463.7
(4) No such order shall affect any contract,
sale, encumbrance, or lease consummated before the issuance of such
order and involving a bona fide purchaser, encumbrancer, or tenant
without actual notice of the charge filed under this title.
(5) In the case of an order
with respect to a discriminatory housing practice that occurred in
the course of a business subject to a licensing or regulation by a
governmental agency, the Secretary shall, not later than 30 days after
the date of the issuance of such order (or, if such order is judicially
reviewed, 30 days after such order is in substance affirmed upon such
review)—
(A) send copies of the findings of fact,
conclusions of law, and the order, to that governmental agency; and
(B) recommend to that
governmental agency appropriate disciplinary action (including, where
appropriate, the suspension or revocation of the license of the respondent).
6-1463.8
(6) In the case of an
order against a respondent against whom another order was issued within
the preceding 5 years under this section, the Secretary shall send
a copy of each such order to the Attorney General.
(7) If the administrative law judge finds
that the respondent has not engaged or is not about to engage in a
discriminatory housing practice, as the case may be, such administrative
law judge shall enter an order dismissing the charge. The Secretary
shall make public disclosure of each such dismissal.
6-1463.9
(h) (1) The Secretary may review any
finding, conclusion, or order issued under subsection (g). Such review
shall be completed not later than 30 days after the finding, conclusion,
or order is so issued; otherwise the finding, conclusion, or order
becomes final.
(2)
The Secretary shall cause the findings of fact and conclusions of
law made with respect to any final order for relief under this section,
together with a copy of such order, to be served on each aggrieved
person and each respondent in the proceeding.
6-1464
(i) (1) Any party aggrieved by a final
order for relief under this section granting or denying in whole or
in part the relief sought may obtain a review of such order under
chapter 158 of title 28, United States Code.
(2) Notwithstanding such chapter, venue
of the proceeding shall be in the judicial circuit in which the discriminatory
housing practice is alleged to have occurred, and filing of the petition
for review shall be not later than 30 days after the order is entered.
6-1464.1
(j) (1) The Secretary may petition
any United States court of appeals for the circuit in which the discriminatory
housing practice is alleged to have occurred or in which any respondent
resides or transacts business for the enforcement of the order of
the administrative law judge and for appropriate temporary relief
or restraining order, by filing in such court a written petition praying
that such order be enforced and for appropriate temporary relief or
restraining order.
(2) The Secretary shall file in court with the petition the record
in the proceeding. A copy of such petition shall be forthwith transmitted
by the clerk of the court to the parties to the proceeding before
the administrative law judge.
6-1464.2
(k) (1) Upon the filing of a petition
under subsection (i) or (j), the court may —
(A) grant
to the petitioner, or any other party, such temporary relief, restraining
order, or other order as the court deems just and proper;
(B) affirm, modify, or set
aside, in whole or in part, the order, or remand the order for further
proceedings; and
(C) enforce such order to the extent that such order is affirmed
or modified.
(2) Any party to the proceeding before the administrative law judge
may intervene in the court of appeals.
(3) No objection not made before the administrative
law judge shall be considered by the court, unless the failure or
neglect to urge such objection is excused because of extraordinary
circumstances.
6-1464.3
(l)
If no petition for review is filed under subsection (i) before the
expiration of 45 days after the date the administrative law judge’s
order is entered, the administrative law judge’s findings of fact
and order shall be conclusive in connection with any petition for
enforcement—
(1) which is filed by the
Secretary under subsection (j) after the end of such day; or
(2) under subsection (m).
6-1464.4
(m) If before the expiration of 60 days after the
date the administrative law judge’s order is entered, no petition
for review has been filed under subsection (i), and the Secretary
has not sought enforcement of the order under subsection (j), any
person entitled to relief under the order may petition for a decree
enforcing the order in the United States court of appeals for the
circuit in which the discriminatory housing practice is alleged to
have occurred.
6-1464.5
(n) The clerk of the court of appeals
in which a petition for enforcement is filed under subsection (l) or (m) shall forthwith enter a decree enforcing the order
and shall transmit a copy of such decree to the Secretary, the respondent
named in the petition, and to any other parties to the proceeding
before the administrative law judge.
6-1464.6
(o) (1) If an election is made under
subsection (a), the Secretary shall authorize, and not later than
30 days after the election is made the Attorney General shall commence
and maintain, a civil action on behalf of the aggrieved person in
a United States district court seeking relief under this subsection.
Venue for such civil action shall be determined under chapter 87 of
title 28, United States Code.
(2) Any aggrieved person with respect to
the issues to be determined in a civil action under this subsection
may intervene as of right in that civil action.
(3) In a civil action under this subsection,
if the court finds that a discriminatory housing practice has occurred
or is about to occur, the court may grant as relief any relief which
a court could grant with respect to such discriminatory housing practice
in a civil action under section 813. Any relief so granted that would
accrue to an aggrieved person in a civil action commenced by that
aggrieved person under section 813 shall also accrue to that aggrieved person in a civil
action under this subsection. If monetary relief is sought for the
benefit of an aggrieved person who does not intervene in the civil
action, the court shall not award such relief if that aggrieved person
has not complied with discovery orders entered by the court.
6-1464.7
(p) In any administrative proceeding brought under
this section, or any court proceeding arising therefrom, or any civil
action under section 812, the administrative law judge or the court,
as the case may be, 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 extent
provided by section 504 of title 5, United States Code, or by section
2412 of title 28, United States Code.
[42 USC 3612. As amended
by act of Sept. 13, 1988 (102 Stat. 1629).]
