CIVIL RIGHTS ACT OF 1968
(Public Law 90-284, 82 Stat. 73) AN ACT To prescribe penalties for
certain acts of violence or intimidation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That this Act may be cited as the "Civil
Rights Act of 1968".
TITLE I-INTERFERENCE WITH FEDERALLY PROTECTED ACTIVITIES
SEC. 101. (a) [Amends chapter 13, civil rights, title 18, United States Code, by
inserting at the end thereof a new section 245 (relating to federally protected
civil rights activities).]
(b) Nothing contained in this section shall apply to all of the activities under
title VIII of this Act.
(c) The provisions of this section shall not apply to acts or omissions on the
part of law enforcement officers, members of the National Guard, as defined in
section 101(9) of title 10, United States Code, members of the organized militia
of any State or the District of Columbia, not covered by such section 101(9), or
members of the Armed Forces of the United States, who are engaged in suppressing
a riot or civil disturbance or restoring law and order during a riot or civil
disturbance.
SEC. 102. [Amends the analysis of chapter 13 of title 18 of the United States
Code by adding at the end thereof an item for the catchline of the section 245
added by subsection (a).]
SEC. 103. (a) [Amends section 241 of title 18 United States Code.]
(b) [Amends section 242 of title 18, United States Code.]
(c) [Amends section 12 of the Voting Rights Act of 1965.]
SEC. 104. (a) [Amends title 18 of the United States Code by inserting,
immediately after chapter 101 a new chapter 102 (riots).]
(b) [Amends the table of contents to "PART I.-CRIMES" Of title 18,
United States Code.]
TITLE 11-RIGHTS OF INDIANS
DEFINITIONS
SEC. 201. For purposes of this title, the term-
(1) "Indian tribe" means any tribe, band, or other group of Indians
subject to the jurisdiction of the United States and recognized as possessing
powers of self-government;
(2) "Powers of self-government" means and includes all govern mental
powers possessed by an Indian tribe, executive, legislative and judicial, and
all offices, bodies, and tribunals by and through which they are executed,
including courts of Indian offenses; and
(3) "Indian court" means any Indian tribal court or court of Indian
offense.
[25 U.S.C. 1301]
INDIAN RIGHTS
Sec. 202. No Indian tribe in exercising powers of self-government shall-
(1) make or enforce any law prohibiting the free exercise of religion, or
abridging the freedom of speech, or of the press, or the right of the people
peaceably to assemble and to petition for a redress of grievances;
(2) violate the right of the people to be secure in their persons, houses,
papers, and effects against unreasonable search and seizures, nor issue
warrants, but upon probable cause, sup- ported by oath or affirmation, and
particularly describing the place to be searched and the person or thing to be
seized;
(3) subject any person for the same offense to be twice put in jeopardy;
(4) compel any person in any criminal case to be a witness against himself;
(5) take any private property for a public use without just compensation;
(6) deny to any person in a criminal proceeding the right to a speedy and public
trial, to be informed of the nature and cause of the accusation, to be
confronted with the witnesses against him, to have compulsory process for
obtaining witnesses in his favor, and at his own expense to have assistance of
counsel for his defense;
(7) require excessive bail, impose excessive fines, inflict cruel and unusual
punishments, and in no event impose for conviction of any one offense any
penalty or punishment greater than imprisonment for a term of one year and a
fine of $5,000, or both; 1
(8) deny to any person within its jurisdiction the equal protection of its laws
or deprive any person of liberty or property without due process of law;
(9) pass any bill or attainder or ex post facto law; or
(10) deny to any person accused of an offense punishable by imprisonment the
right, upon request, to a trial by jury of not less than six persons.
[26 U.S.C. 1302]
(Footnote) 'Amendment made by section 4217 of Pub. L. 99-570, 100 Stat. 3207-146
probably should be executed as shown in text. The section incorrectly referred
to "the Act of April 11, 1969" and directed that "for a term of
one year and a fine of $5,000, or both" be substituted for "for a term
of six months and a fine of $500, or both". The amendment was executed by
making the substitution for "for a term of six months or a fine of $500, or
both" as the probable intent of Congress.
HABEAS CORPUS
SEC. 203. The privilege of the writ of habeas corpus shall be available to any
person, in a court of the United States, to test the legality of his detention
by order of an Indian tribe.
[25 U.S.C. 1303]
TITLE 111-MODEL CODE GOVERNING COURTS OF INDIAN OFFENSES
SEC. 301. The Secretary of the Interior is authorized and directed to recommend
to the Congress, on or before July 1, 1968, a model code to govern the
administration of justice by courts of Indian offenses on Indian reservations.
Such code shall include provisions which will (1) assure that any individual
being tried for an offense by a court of Indian offenses shall have the same
rights, privileges, and immunities under the United States Constitution as would
be guaranteed any citizen of the United States being tried in a Federal court
for any similar offense, (2) assure that any individual being tried for an
offense by a court of Indian offenses will be ad- vised and made aware of his
rights under the United States Constitution, and under any tribal constitution
applicable to such individual, (3) establish proper qualifications for the
office of judge of the court of Indian offenses, and (4) provide for the
establishing of educational classes for the training of judges of courts of
Indian offenses. In carrying out the provisions of this title, the Secretary of
the Interior shall consult with the Indians, Indian tribes, and interested
agencies of the United States.
[25 U.S.C. 1311]
SEC. 302. There is hereby authorized to be appropriated such sum as may be
necessary to carry out the provisions of this title.
[25 U.S.C. 1312]
TITLE IV-JURISDICTION OVER CRIMINAL AND CIVIL ACTIONS
ASSUMPTION BY STATE
SEC. 401. (a) The consent of the United States is hereby given to any State not
having jurisdiction over criminal offenses committed by or against Indians in
the areas of Indian country situated within such State to assume, with the
consent of the Indian tribe occupying the particular Indian country or part
thereof which could be affected by such assumption, such measure of jurisdiction
over any or all of such offenses committed within such Indian country or any
part, thereof as may be determined by such State to the same extent that such
State has jurisdiction over any such offense committed elsewhere within the
State, and the criminal laws of such State shall have the same force and effect
within such Indian country or part thereof as they have elsewhere within that
State.
(b) Nothing in this section shall authorize the alienation, encumbrance, or
taxation of any real or personal property, including water rights, belonging to
any Indian or any Indian tribe, band, or community that is held in trust by the
United States or is subject to a restriction against alienation imposed by the
United States; or shall authorize regulation of the use of such property in a
manner inconsistent with any Federal treaty, agreement, or statute or with any
regulation made pursuant thereto; or shall deprive any Indian or any Indian
tribe, band, or community of any right, privilege, or immunity afforded under
Federal treaty, agreement, or statute with respect to hunting, trapping, or
fishing or the control, licensing, or regulation thereof.
[25 U.S.C. 1321]
ASSUMPTION BY STATE OF CIVIL JURISDICTION
SEC. 402. (a) The consent of the United States is hereby given to any State not
having jurisdiction over civil causes of action between Indians or to which
Indians are parties which arise in the areas of Indian country situated within
such State to assume, with the consent of the tribe occupying the particular
Indian country or part thereof which would be affected by such assumption, such
measure of jurisdiction over any or all such civil causes of action arising
within such Indian country or any part thereof as may be determined by such
State to the same extent that such State has jurisdiction over other civil
causes of action, and those civil laws of such State that are of general
application to private persons or private property shall have the same force and
effect within such Indian country or part thereof as they have elsewhere within
that State.
(b) Nothing in this section shall authorize the alienation, encumbrance, or
taxation of any real or personal property, including water rights, belonging to
any Indian or any Indian tribe, band, or community that is held in trust by the
United States or is subject to a restriction against alienation imposed by the
United States; or shall authorize regulation of the use of such property in a
manner inconsistent with any Federal treaty, agreement, or statute, or with any
regulation made pursuant thereto; or shall confer jurisdiction upon the State to
adjudicate, in probate proceedings or otherwise, the ownership or right to
possession of such property or any interest therein.
(c) Any tribal ordinance or custom heretofore or hereafter adopted by an Indian
tribe, band, or community in the exercise of any authority which it may possess
of the State, if not inconsistent with any applicable civil law of the State, be
given full force and effect in the determination of civil causes of action
pursuant to this section.
[25 U.S.C. 1322]
RETROCESSION OF JURISDICTION BY STATE
SEC. 403. (a) The United States is authorized to accept a retrocession by any
State of all or any measure of the criminal or civil jurisdiction, or both,
acquired by such State pursuant to the provi- sions of section 1162 of title 18
of the United States Code, section 1360 of title 28 of the United States Code,
or section 7 of the Act of August 15, 1953 (67 Stat. 588), as it was in effect
prior to its repeal by subsection (b) of this section.
(b) [Repeals section 7 of the Act of August 15, 1953 (67 Stat. 588), but leaves
a partial savings clause as follows: "but such repeal shall not affect any
cession of jurisdiction made pursuant to such section prior to its
repeal".]
[25 U.S.C. 1323]
CONSENT TO AMEND STATE LAWS
SEC. 404. Notwithstanding the provisions of any enabling Act for the admission
of a State, the consent of the United States is hereby given to the people of
any State to amend, where necessary, their State constitution or existing
statutes, as the case may be, to remove any legal impediment to the assumption
of civil or criminal jurisdiction in accordance with the provisions of this
title. The provisions of this title shall not become effective with respect to
such assumption of jurisdiction by any such State until the people there- of
have appropriately amended their State constitution or statutes, as the case may
be.
[25 U.S.C. 1324]
ACTIONS NOT TO ABATE
SEC. 405. (a) No action or proceeding pending before any court or agency of the
United States immediately prior to any cession of jurisdiction by the United
States pursuant to this title shall abate by reason of that cession. For the
purposes of any such action or proceeding, such cession shall take effect on the
day following the date of final determination of such action or proceeding. (b)
No cession made by the United States under this title, shall deprive any court
of the United States of jurisdiction to hear, determine, render judgment, or
impose sentence in any criminal action instituted against any person for any
offense committed before the effective date of such cession, if the offense
charged in such action was cognizable under any law of the United State-, at the
time of the commission of such offense. For the purposes of any such criminal
action, such cession shall take effect on the day fol- lowing the date of final
determination of such action.
[25 U.S.C. 1325]
SPECIAL ELECTION
SEC. 406. State jurisdiction acquired pursuant to this title with respect to
criminal offenses or civil causes of action, or with re-select to both, shall be
applicable in Indian country only where the en- rolled Indians within the
affected area of such Indian country accept such jurisdiction by a majority vote
of the adult Indians voting at a special election held for that purpose. The
Secretary of the Interior shall call such special election under such rules and
regulations as he may prescribe, when requested to do so by the tribal council
or other governing body, or by 20 per centum of such enrolled adults.
[25 U.S.C. 1326]
TITLE V-OFFENSES WITHIN INDIAN COUNTRY
AMENDMENT
SEC. 501. [Amends section 1153 of title 18 of the United States Code.] TITLE
VI-EMPLOYMENT OF LEGAL COUNSEL
APPROVAL
SEC. 601. Notwithstanding any other provision of law, if any ap- plication made
by an Indian, Indian tribe, Indian council, or any band or group of Indians
under any law requiring the approval of the Secretary of the Interior or the
Commissioner of Indian Affairs of contracts or agreements relating to the
employment of legal counsel (including the choice of counsel and the fixing of
fees) by any such Indians, tribe, council, band, or group is neither granted nor
denied within ninety days following the making of such application, such
approval shall be deemed to have been granted.
[25 U.S.C. 13313 TITLE VII-MATERIALS RELATING TO CONSTITUTIONAL RIGHTS OF
INDIANS
SECRETARY OF INTERIOR TO PREPARE
SEC. 701. (a) In order that the constitutional rights of Indians might be fully
protected, the Secretary of the Interior is authorized and directed to-
(1) have the document entitled "Indian Affairs, Laws and Treaties"
(Senate Document Numbered 319, volumes 1 and 2, Fifty-eight Congress), revised
and extended to include all trea- ties, laws, Executive orders, and regulations
relating to Indian affairs in force on September 1, 1967, and to have such
revised document printed at the Government Printing Office;
(2) have revised and republished the treaties entitled "Federal Indian
Law"; and (3) have prepared, to the extent determined by the Secretary of
the Interior to be feasible, and accurate compilation of the official opinions,
published and unpublished, of the Solicitor of the Department of the Interior
relating to Indian affairs rendered by the Solicitor prior to September 1, 1967,
and to have such compilation printed as a Government publication at the
Government Printing Office.
(b) With respect to the document entitled "Indian Affairs, Laws and
Treaties" as revised and extended in accordance with para- graph (1) of
subsection (a), and the compilation prepared in accordance with paragraph (3) of
such subsection, the Secretary of the Interior shall take such action as may be
necessary to keep such document and compilation current on an annual basis.
(c) There is authorized to be appropriated for carrying out the provisions of
this title such sum as may be necessary.
[25 U.S.C. 1341]
TITLE VIII-FAIR HOUSING
SHORT TITLE
SEC. 800. This title may be cited as the "Fair Housing Act."
POLICY
SEC. 801. It is the policy of the United States to provide, within
constitutional limitations, for fair housing throughout the United States.
[42 U.S.C. 3601]
DEFINITIONS
SEC. 802. As used in this title-
(a) "Secretary" means the Secretary of Housing and Urban Development.
(b) "Dwelling" means any building, structure, or portion thereof which
is occupied as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease for the
construction or location thereon of any such building, structure, or portion
thereof
(e) "Family" includes a single individual.
(d) "Person" includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal representatives, mutual
companies, joint-stock companies, trusts, unincorporated organizations,
trustees, trustees in cases under title 11 of the United States Code, receivers,
and fiduciaries.
(e) "To rent" includes to lease, to sublease, to let and otherwise to
grant for a consideration the right to occupy premises not owned by the
occupant.
(f) "Discriminatory housing practice" means an act that is un- lawful
under section 804, 805, 806, or 818.
(g) "State" means any of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, or any of the territories and possessions of
the United States.
(h) "Handicap" means, with respect to a person-
(1) a physical or mental impairment which substantially limits one or more of
such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction to a
controlled substance (as defined in section 102 of the Con- trolled Substances
Act (21 U.S.C. 802)).
(i) "Aggrieved person" includes any person who- (1) claims to have
been injured by a discriminatory housing practice; or
(2) believes that such person will be injured by a discriminatory housing
practice that is about to occur.
"Complainant" means the person (including the Secretary) who files a
complaint under section 810.
(k) "Familial status" means one or more individuals (who have not
attained the age of IS years) being domiciled with-
(1) a parent or another person having legal custody of such individual or
individuals; or
(2) the designee of such parent or other person having such custody, with the
written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status
shall apply to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of 18 years.
(1) "Conciliation" means the attempted resolution of issues raised by
a complaint, or by the investigation of such complaint, through informal
negotiations involving the aggrieved person, the respondent, and the Secretary.
(m) "Conciliation agreement" means a written agreement setting forth
the resolution of the issues in conciliation.
(n) "Respondent" means-
(1) the person or other entity accused in a complaint of an unfair housing
practice; and
(2) any other person or entity identified in the course of investigation and
notified as required with respect to respondents so identified under section
810(a).
(o) "Prevailing party" has the same meaning as such term has in
section 722 of the Revised Statutes of the United States (42 U.S.C. 1988).
[42 U.S.C. 36021]
EFFECTIVE DATES OF CERTAIN PROHIBITIONS
SEC. 803. (a) Subject to the provisions of subsection (b) and section 807, the
prohibitions against discrimination in the sale or rental of housing set forth
in section 804 shall apply:
(1) Upon enactment of this title, to-
(A) dwellings owned or operated by the Federal Government;
(B) dwellings provided in whole or in part with the aid of loans, advances,
grants, or contributions made by the Federal Government, under agreements
entered into after November 20, 1962, unless payment due thereon has been made
in full prior to the date of enactment of this title;
(C) dwellings provided in whole or in part by loans insured, guaranteed, or
otherwise secured by the credit of the Federal Government, under agreements
entered into after November 20, 1962, unless payment thereon has been made in
full prior to the date of enactment of this title: Provided, That nothing
contained in subparagraphs (B) and (C) of this subsection shall be applicable to
dwellings solely by virtue of the fact that they are subject to mortgages held
by an FDIC oi@ FSLIC institution; and
(D) dwellings provided by the development or the redevelopment of real property
purchased, rented, or otherwise obtained from a State or local public agency
receiving Federal financial assistance for slum clearance or urban renewal with
respect to such real property under loan or grant contracts entered into after
November 20, 1962.
(2) After December 31, 1968, to all dwellings covered by paragraph (1) and to
all other dwellings except as exempted by subsection (b).
(b) Nothing in section 804 (other than subsection (c)) shall apply to--
(1) any single-family house sold or rented by an owner: Provided, That such
private individual owner does not own more than three such single-family houses
at any one time: Provided further, That in the case of the sale of any such
single-family house by a private individual owner not residing in such house at
the time of such sale or who was not the most recent resident of such house
prior to such sale, the exemption granted by this subsection shall apply only
with respect to one such sale within any twenty-four month period: Provided
further, That such bona fide private individual owner does not own any interest
in, nor is there owned or reserved on his behalf, under any express or voluntary
agreement, title to or any right to all or a portion of the proceeds from the
sale or rental of, more than three such single-family houses at any one time:
Provided further, That after December 31, 1969, the sale or rental of any such
single-family house shall be excepted from the application of this title only if
such house is sold or rented (A) without the use in any manner of the sales or
rental facilities or the sales or rental services of any real estate broker,
agent, or salesman, or of such facilities or services of any person in the
business of selling or renting dwellings, or of any employee or agent of any
such broker, agent, salesman, or person and (B) without the publication, posting
or mailing, after notice, of any advertisement or written notice in violation of
section 804(c) of this title; but nothing in this proviso shall prohibit the use
of attorney, escrow agents, abstractors, title companies, and other such
professional assistance as necessary to perfect or transfer the title, or
(2) rooms or units in dwellings containing living quarters occupied or intended
to be occupied by no more than four families living independently of each other,
if the owner actually maintains and occupies one of such living quarters as his
residence.
(e) For the purposes of subsection (b), a person shall be deemed to be in the
business of selling or renting dwellings if-
(1) he has, within the preceding twelve months, participated as principal in
three or more transactions involving the sale or rental of any dwelling or any
interest therein, or
(2) he has, within the preceding twelve months, participated as agent, other
than in the sale of his own personal residence in providing sales or rental
facilities or sales or rental services in two or more transactions involving the
sale or rental of any dwelling or any interest therein, or (3) he is the owner
of any dwelling designed or intended for occupancy by, or occupied by, five or
more families.
[42 U.S.C. 3603]
DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING AND OTHER PROHIBITED PRACTICES
SEC. 804. As made applicable by section 803 and except as ex- empted by sections
803(b) and 807, it shall be unlawful-
(a) To refuse to sell or rent after the making of a bona fide offer, or to
refuse to negotiate for the sale or rental of, or otherwise make unavailable or
deny, a dwelling to any person because of race, color, religion, sex, familial
status, or national origin.
(b) To discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, color, religion, sex, familial status,
or national origin.
(e) To make, print, or publish, or cause to be made, printed, or published any
notice, statement, or advertisement, with respect to the sale or rental of a
dwelling that indicates any preference, limitation, or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin, or an
intention to make any such preference, limitation, or discrimination.
(d) To represent to any person because of race, color, religion, sex, handicap,
familial status, or national origin that any dwelling is not available for
inspection, sale, or rental when such dwelling is in fact so available.
(e) For profit, to induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, color, religion, sex,
handicap, familial status, or national origin. (f)(1) To discriminate in the
sale or rental, or to otherwise make Unavailable or deny, a dwelling to any
buyer or renter because of a handicap of-
(A) that buyer or renter, (B) a person residing in or intending to reside in
that dwelling after it is so sold, rented, or made available; or (C) any person
associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities
in connection with such dwelling, because of a handicap of-
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so
sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes-
(A) a refusal to permit, at the expense of the handicapped person, reasonable
modifications of existing premises occupied or to be occupied by such person if
such modifications may be necessary to afford such person full enjoyment of the
premises except that, in the case of a rental, the landlord may where it is
reasonable to do so condition permission for a modification on the renter
agreeing to restore the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted .2
(B) a refusal to make reasonable accommodations in rules, policies, practices,
or services, when such accommodations may be necessary to afford such person
equal opportunity to use and enjoy a dwelling; or
(C) in connection with the design and construction of covered multifamily
dwellings for first occupancy after the date that is 30 months after the date of
enactment of the Fair Housing Amendments Act of 1988, a failure to design and
construct those dwellings in such a manner that- (i) the public use and common
use portions of such dwellings are readily accessible to and usable by
handicapped persons;
(ii) all the doors designed to allow passage into and within all premises within
such dwellings are sufficiently wide to allow passage by handicapped persons in
wheel- chairs; and
(iii) all premises within such dwellings contain the fol- lowing features of
adaptive design: (1) an accessible route into and through the dwelling;
(11) light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(111) reinforcements in bathroom walls to allow later installation of grab bars;
and
(IV) usable kitchens and bathrooms such that an individual in a wheelchair can
maneuver about the space.
(4) Compliance with the appropriate requirements of the American National
Standard for buildings and facilities providing accessibility and usability for
physically handicapped people (commonly cited as "ANSI A117.1")
suffices to satisfy the requirements of paragraph (3)(C)(iii).
(5)(A) If a State or unit of general local government has incorporated into its
laws the requirements set forth in paragraph (3)(C), compliance with such laws
shall be deemed to satisfy the requirements of that paragraph.
(B) A State or unit of general local government may review ind approve newly
constructed covered multifamily dwellings for the purpose of making
determinations as to whether the design and construction requirements of
paragraph (3)(C) are met.
(C) The Secretary shall encourage, but may not require, States and units of
local government to include in their existing procedures for the review and
approval of newly constructed covered multifamily dwellings, determinations as
to whether the design and construction of such dwellings are consistent with
paragraph (3)(C), and shall provide technical assistance to States and units of
local government and other persons to implement the requirements of paragraph
(3)(C). (Footnote 2 Period probably should be a semicolon. See section 15 of
Pub. L. 100-430, 102 Stat. 1636.)
(D) Nothing in this title shall be construed to require the Secretary to review
or approve the plans, designs or construction of all covered multifamily
dwellings, to determine whether the design and construction of such dwellings
are consistent with the requirements of paragraph 3(C).
(6)(A) Nothing in paragraph (5) shall be construed to affect the authority and
responsibility of the Secretary or a State or local public agency certified
pursuant to section 810(f)(3) of this Act to receive and process complaints or
otherwise engage in enforcement activities under this title.
(B) Determinations by a State or a unit of general local government under
paragraphs (5) (A) and (B) shall not be conclusive in enforcement proceedings
under this title.
(7) As used in this subsection, the term "covered multifamily
dwellings" means-
(A) buildings consisting of 4 or more units if such buildings have one or more
elevators; and
(B) ground floor units in other buildings consisting of 4 or more units.
(8) Nothing in this title shall be construed to invalidate or limit any law of a
State or political subdivision of a State, or other jurisdiction in which this
title shall be effective, that requires dwellings to be designed and constructed
in a manner that affords handicapped persons greater access than is required by
this title.
(9) Nothing in this subsection requires that a dwelling be made available to an
individual whose tenancy would constitute a direct threat to the health or
safety of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
[42 U.S.C. 3604]
DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS
SEC. 805. (a) IN GENERAL.-It shall he unlawful for any person or other entity
whose business includes engaging in residential real estate-related transactions
to discriminate against any person in making available such a transaction, or in
the terms or conditions of such a transaction, because of race, color, religion,
sex, handicap, familial status, or national origin.
(b) DEFINITION.-As used in this section, the term "residential real
estate-related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance-
(A) for purchasing, constructing, improving, repairing, or maintaining a
dwelling; or
(B) secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
(c) APPRAISAL EXEMPTION.-Nothing in this title prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration
factors other than race, color, religion, national origin, sex, handicap, or
familial status.
[42 U.S.C. 3605]
DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES
SEC. 806. After December 31, 1968, it shall be unlawful to deny any person
access to or membership or participation in any multiple listing service, real
estate brokers' organization or other serv- ice, organization, or facility
relating to the business of selling or renting dwellings, or to discriminate
against him in the terms or conditions of such access, membership, or
participation, on account of race, color, religion, sex, handicap, familial
status, or national origin.
[42 U.S.C. 36063]
EXEMPTION
SEC. 807. (a) Nothing in this title shall prohibit a religious organization,
association, or society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious organization,
association, or society, from limiting the sale, rental or occupancy of
dwellings which it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color, or national
origin. Nor shall anything in this title prohibit a private club not in fact
open to the public, which as an incident to its primary pur- pose or purposes
provides lodgings which it owns or operates for other than a commercial purpose,
from limiting the rental of occupancy of such lodgings to its members or from
giving preference to its members.
(b)(1) Nothing in this title limits the applicability of any reasonable local,
State, or Federal restrictions regarding the maximum number of occupants
permitted to occupy a dwelling. Nor does any provision in this title regarding
familial status apply with respect to housing for older persons.
(2) As used in this section, 'housing for older persons' means housing-
(A) provided under any State or Federal program that the Secretary determines is
specifically designed. and operated to assist elderly persons (as defined in the
State or Federal pro- gram); or (B) intended for, and solely occupied by,
persons 62 years of age or older; or
(C) intended and operated for occupancy by at least one person 55 years of age
or older per unit. In determining whether housing qualifies as housing for older
persons under this subsection, the Secretary shall develop regulations which re-
quire at least the following factors:
(i) the existence of significant facilities and services specifically designed
to meet the physical or social needs of older persons, or if the provision of
such facilities and serv ices is not practicable, that such housing is necessary
t(; provide important housing opportunities for olO.,-r persons and
(ii) that at least 80 percent of the units are occupied b@ at least one person
55 years of age or older per unit; and
(iii) the publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for persons 55
years of age or older.
(3) Housing shall not fail to meet the requirements for housing for older
persons by reason of:
(A) persons residing in such housing as of the date of enactment of this Act who
do not meet the age requirements of subsections (2) (B) or (C): Provided, That
new occupants of such housing meet the age requirements of subsections (2) (B)
or (C); or
(B) unoccupied units: Provided, That such units are reserved for occupancy by
persons who meet the age requirements of subsections (2) (B) or (C).
(4) Nothing in this title prohibits conduct against a person because such person
has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802).
[42 U.S.C. 36073]
ADMINISTRATION
SEC. 808. (a) The authority and responsibility for administering this Act shall
be in the Secretary of Housing and Urban Development.
(b) The Department of Housing and Urban Development shall be provided an
additional Assistant Secretary. [Amends the Housing and Urban Development Act
(Public Law 89-174), sections 4(a) and 7.]
(c) The Secretary may delegate any of his functions, duties and powers to
employees of the Department of Housing and Urban Development or to boards of
such employees, including functions, duties, and powers with respect to
investigating, conciliating, hearing, determining, ordering, certifying,
reporting, or otherwise acting as to any work, business, or matter under this
title. The persons to whom such delegations are made with respect to hearing
functions, duties, and powers shall be appointed and shall serve in the
Department of Housing and Urban Development in compliance with sections 3105,
3344, 5372, and 7521 of title 5 of the United States Code. Insofar as possible,
conciliation meetings shall be held in the cities or other localities where the
discriminatory housing practices allegedly occurred. The Secretary shall by rule
prescribe such rights of appeal from the decisions of his hearing examiners 3 to
other hearing examiners 3 or to other officers in the Department, to boards of
officers or to himself, as shall be appropriate and in accordance with law.
(d) All executive departments and agencies shall administer their programs and
activities relating to housing and urban development (including any Federal
agency having regulatory or supervisory
{footnote} 3 Any reference to a hearing law examiner appointed under section
3105 of title 5, U.S.C., is deemed to be a reference to an administrative law
judge, pursuant to section 3 of Pub. L. 95-251, 92 Stat. 184.
authority over financial institution) development in a manner affirmatively to
further the purposes of this title and shall cooperate with the Secretary to
further such purposes.
(e) The Secretary of Housing and Urban Development shall- (1) make studies with
respect to the nature and extent of dis- criminatory housing practices in
representative communities, urban, suburban, and rural throughout the United
States;
(2) publish and disseminate reports, recommendations, and information derived
from such studies, including an annual report to the Congress-
(A) specifying the nature and extent of progress made nationally in eliminating
discriminatory housing practices and furthering the purposes of this title,
obstacles remaining to achieving equal housing opportunity, and recommendations
for further legislative or executive action; and (B) containing tabulations of
the number of instances (and the reasons therefor) in the preceding year in
which-
(i) investigations are not completed as required b.@, section 810(a)(I)(B);
(ii) determinations are not made within the time specified in section 810(g);
and
(iii) hearings are not commenced or findings and conclusions are not made as
required by section 812(g);
(3) cooperate with and render technical assistance to Federal, State, local, and
other public or private agencies, organizations, and institutions which are
formulating or carrying on pro- grams to prevent or eliminate discriminatory
housing practices;
(4) cooperate with and render such technical and other assistance to the
Community Relations Service as may be appropriate to further its activities in
preventing or eliminating discriminatory housing practices 4
(5) administer the programs and activities relating to housing and urban
development in a manner affirmatively to further the policies of this title; and
(6) annually report to the Congress, and make available to the public, data on
the race, color, religion, sex, national origin, age, handicap, and family
characteristics of persons and households who are applicants for, participants
in, or beneficiaries or potential beneficiaries of, programs administered by the
Department to the extent such characteristics are within the coverage of the
provisions of law and Executive orders referred to in subsection (f) which apply
to such programs (and in order to develop the data to be included and made
available to the public under this subsection, the Secretary shall, without
regard to any other provision of law, collect such information relating to those
characteristics as the Secretary determines to be necessary or appropriate).
(footnote) 4 So in law. Probably needs a semicolon at end. See section 7(b) of
Pub. L. 100-430, 102 Stat. 1624.
(f) The provisions of law and Executive orders to which subsection (e)(6)
applies are- (1) title VI of the Civil Rights Act of 1964;
(2) title VIII of the Civil Rights Act of 1968;
(3) section 504 of the Rehabilitation Act of 1973; (4) the Age Discrimination
Act of 1975; (5) the Equal Credit Opportunity Act;
(6) section 1978 of the Revised Statutes (42 U.S.C. 1982); (7) section 8(a) of
the Small Business Act;
(8) section 527 of the National Housing Act;
(9) section 109 of the Housing and Community Development Act of 1974;
(10) section 3 of the Housing and Urban Development Act of 1968;
(11) Executive orders 11063, 11246, 11625, 12250, 12259, and
12432; and
(12) any other provision of law which the Secretary specifies by publication in
the Federal Register for the purpose of this subsection.
E42 U.S.C. 36083
EDUCATION AND CONCILIATION
SEC. 809. Immediately after the enactment of this title the Secretary shall
commence such educational and conciliatory activities as in his judgment will
further the purposes of this title. He shall call conferences of persons in the
housing industry and other interested parties to acquaint them with the
provisions of this title and his suggested means of implementing it, and shall
endeavor with their advice to work out programs of voluntary compliance and of
enforcement. He may pay per diem, travel, and transportation expenses for
persons attending such conferences as provided in section 5703 of title 5 of the
United States Code. He shall consult with State and local officials and other
interested parties to learn the extent, if any, to which housing discrimination
exists in their State or locality, and whether and how State or local
enforcement pro- grams might be utilized to combat such discrimination in
connection with or in place of, the Secretary's enforcement of this title. The
Secretary shall issue reports on such conferences and consultations as he deems
appropriate.
[42 U.S.C. 3609]
ADMINISTRATIVE ENFORCEMENT; PRELIMINARY MATTERS SEC. 810. (a) COMPLAINTS AND
ANSWERS.-(l)(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 in- formation
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 title;
(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 title, 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 com- plaint; 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) 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) 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 para- graph (1),
shall explain the basis for the Secretary is belief that the person to whom the
notice is addressed is properly joined as a respondent.
(b) INVESTIGATIVE REPORT AND CONCILIATION.-(l) 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 title.
(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.-When- ever 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 814 for the
enforcement of such agreement.
(d) PROHIBITIONS AND REQUIREMENTS WITH RESPECT To DISCLOSURE OF INFORMATION.-(l)
Nothing said or done in the course of conciliation under this title may be made
public or used as evidence in a subsequent proceeding under this title without
the writ- ten 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 investiga- tive report relating to that
investigation.
(e) PROMPT JUDICIAL ACTION.-(l) 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 title, 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 812 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 814(a) and
814(c) 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.-(l) 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 Pr,!! 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 title.
(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 the date of the enactment of the Fair
Housing Amendments Act of 1988 and ends 40 months after such date, 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 title on the day before such date 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 that date. 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.-(l) The Secretary shall, within
100 days after the filing of the complaint (or, when the Secretary takes further
action under subsection (f)(2) 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) 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
812.
(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 section
810(a).
(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 814, 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 812(a) 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.
[42 U.S.C. 3610]
SUBPOENAS; GIVING OF EVIDENCE
SEC. 811. (a) IN GENERAL.-The Secretary may, in accordance with this subsection,
issue subpoenas and order discovery in aid of investigations and hearings under
this title. Such subpoenas and discovery may be ordered to the same extent and
subject to the same limitations as would apply if the subpoenas or discovery
were ordered or served in aid of a civil action in the United States district
court for the district in which the investigation is taking place.
(b) WITNESS FEES.-Witnesses summoned by a subpoena under this title shall be
entitled to the same witness and mileage fees as witnesses in proceedings in
United States district courts. Fees pay- able to a witness summoned by a
subpoena issued at the request of a party shall be paid by that party or, where
a party is unable to pay the fees, by the Secretary.
(C) CRIMINAL PENALTIES.--41) Any person who willfully fails or neglects to
attend and testify or to answer any lawful inquiry or to produce records,
documents, or other evidence, if it is in such per- son's power to do so, in
obedience to the subpoena or other lawful order under subsection (a), shall be
f-med not more than $100,000 or imprisoned not more than one year, or both.
(2) Any person who, with intent thereby to mislead another person in any
proceeding under this title-
(A) makes or causes to be made any false entry or statement of fact in any
report, account, record, or other document produced pursuant to subpoena or
other lawful order under sub- section (a);
(B) willfully neglects or fails to make or to cause to be made full, true, and
correct entries in such reports, accounts, records, or other documents; or
(C) willfully mutilates, alters, or by any other means falsifies any documentary
evidence; shall be fined not more than $100,000 or imprisoned not more than one
year, or both. [42 U.S.C. 3611]
ENFORCEMENT BY SECRETARY
SEC. 812. (a) ELECTION OF JUDICIAL DETERMINATION.-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.
(b) ADMINISTRATIVE LAW JUDGE HEARING IN ABSENCE OF ELECTION.-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. (c) RIGHTS
OF PARTIES.-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.
(d) EXPEDITED DISCOVERY AND HEARING;.-(l) 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.
(e) RESOLUTION OF CHARGE.-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) EFFECT OF TRIAL OF CIVIL ACTION ON ADMINISTRATIVE PROCEEDINGS.-AN
administrative law judge may not continue administrative proceedings under this
section regarding any alleged dis- criminatory 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.
(g) HEARINGS, FINDINGS AND CONCLUSIONS, AND ORDER.-(I) 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.
(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
im- posed without regard to the period of time within which any subsequent
discriminatory housing practice occurred.
(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, aid 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) 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.
(h) REVIEW BY SECRETARY; SERVICE OF FINAL ORDER.-(I) 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.
(i) JUDICIAL Review.-(l) 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 still 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.
j) COURT ENFORCEMENT OF ADMINISTRATIVE ORDER UPON PETITION BY SECRETARY.-(I) 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.
(k) RELIEF WHICH MAY BE GRANTED.-(l) 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 circum- stances.
(1) ENFORCEMENT DECREE IN ABSENCE OF PETITION FOR REVIEW.-
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 0) after the end of such
day; or
(2) under subsection (m,).
(m) COURT ENFORCEMENT OF ADMINISTRATIVE ORDER UPON PETITION OF ANY PERSON
ENTITLED TO RELIEF.-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 sub- section 0), 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.
(n) ENTRY OF DECREE.-The clerk of the court of appeals in which a petition for
enforcement is filed under subsection (1) 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.
(0) CIVIL ACTION FOR ENFORCEMENT WHEN ELECTION IS MADE FOR SUCH CIVIL
ACTION.-(I) 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 main- tain, 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 deter- mined 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 ag- grieved 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.
(p) ATTORNEY'S FEES.-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 pre- vailing party, other than the United States,
a reasonably 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 U.S.C. 36123
ENFORCEMENT BY PRIVATE PERSONS
SEC. 813. (a) CIVIL ACTION.-41XA) 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 title, 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 title was pending with respect to
a complaint or charge under this title 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 810(a) 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 title 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) 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.
(e) RELIEF WHICH MAY BE GRANTED.-(1) In a civil action under subsection (a), 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), 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 en- gaging in such
practice or ordering such affirmative action as may be appropriate).
(2) In a civil action under subsection (a), 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 title.
(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 814(e) in a civil action to which such section applies.
[42 U.S.C. 3613]
ENFORCEMENT BY THE ATTORNEY GENERAL
SEC. 814. (a) PATTERN OR PRACTICE: CASES.-Whenever the Attorney General has
reasonable cause to believe that any person or group of persons is engaged in a
pattern or practice of resistance to the full enjoyment of any of the rights
granted by this title, or that any group of persons has been denied any of the
rights granted by this title and such denial raises an issue of general public
importance, the Attorney General may commence a civil action in any appropriate
United States district court.
(b) ON REFERRAL OF DISCRIMINATORY HOUSING PRACTICE OR CONCILIATION AGREEMENT FOR
ENFORCEMENT.-(l)(A) The Attorney General may commence a civil action in any
appropriate United States district court for appropriate relief with respect to,
a dis- criminatory housing practice referred to the Attorney General by the
Secretary under section 810(g).
(B) A civil action under this paragraph may be commenced not later than the
expiration of 18 months after the date of the occurrence or the termination of
the alleged discriminatory housing practice.
(2)(A) The Attorney General may commence a civil action in any appropriate
United States district court for appropriate relief with respect to breach of a
conciliation agreement referred to the Attorney General by the Secretary under
section 810(c).
(B) A civil action may be commenced under this paragraph not later than the
expiration of 90 days after the referral of the alleged breach under section
810(c).
(c) ENFORCEMENT OF SUBPOENAS.-The Attorney General, on behalf of the Secretary,
or other party at whose request a subpoena is issued, under this title, may
enforce such subpoena in appropri- ate proceedings in the United States district
court for the district in which the person to whom the subpoena was addressed
resides, was served, or transacts business.
(d) RELIEF WHICH MAY BE GRANTED IN CIVIL ACTIONS UNDER SUBSECTIONS (a) AND
(b).-(l) In a civil action under subsection (a) or (b), the court-
(A) may award such preventive relief, including a permanent or temporary
injunction, restraining order, or other order against the person responsible for
a violation of this title as is necessary to assure the full enjoyment of the
rights granted by this title;
(B) may award such other relief as the court deems appropriate, including
monetary damages to persons aggrieved; and
(C) may, to vindicate the public interest, assess a civil penalty against the
respondent- (i) in an amount not exceeding $50,000, for a first violation; and
(ii) in an amount not exceeding $100,000, for any subsequent violation.
(2) In a civil action under 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 extent provided by section 2412 of title 28, United States Code.
(e) INTERVENTION IN CIVIL ACTIONS.-Upon timely application, any person may
intervene in a civil action commenced by the Attorney General under subsection
(a) or (b) which involves an alleged discriminatory housing practice with
respect to which such person is an aggrieved person or a conciliation agreement
to which such person is a party. The court may grant such appropriate relief to
any such intervening party as is authorized to be granted to a plaintiff in a
civil action under section 813.
F42 U.S.C. 36141
RULES TO IMPLEMENT TITLE
SEC. 815. The Secretary may make rules (including rules for the collection,
maintenance, and analysis of appropriate data) to carry out this title. The
Secretary shall give public notice and opportunity for comment with respect to
all rules made under this section.
[42 U.S.C. 3614a]
EFFECT ON STATE LAWS
SEC. 816. Nothing in this title shall be construed to invalidate or limit any
law of a state or political subdivision of a State, or of any other jurisdiction
in which this title shall be effective, that grants, guarantees or protects the
same rights as are granted by this title; but any law of a State, a political
subdivision, or other such jurisdiction that purports to require or permit any
action that would be a discriminatory housing practice under this title shall to
that extent be invalid.
[42 U.S.C. 3615]
COOPERATION WITH STATE AND LOCAL AGENCIES ADMINISTERING FAIR HOUSING LAWS
SEC. 817. The Secretary may cooperate with State and local agencies charged with
the administration of State and local fair housing laws and, with the consent of
such agencies, utilize the services of such agencies and their employees and,
notwithstanding any other provision of law, may reimburse such agencies and
their employees for services rendered to assist him in carrying out this title.
In furtherance of such cooperative efforts, the Secretary may enter into written
agreements with such State or local agencies. All agreements and terminations
thereof shall be published in the Federal Register.
[42 U.S.C. 3616]
INTERFERENCE, COERCION, OR INTIMIDATION
SEC. 818. It shall be unlawful to coerce, intimidate, threaten, or interfere
with any person in the exercise or enjoyment of, or on ac- count of his having
exercised or enjoyed, or on account of his having aided or encouraged any other
person in the exercise or enjoyment of, any right granted or protected by
section 803, 804, 805, or 806.
[42 U.S.C. 3617]
APPROPRIATIONS
SEC. 819. There are hereby authorized to be appropriated such sums as are
necessary to carry out the purposes of this title.
[42 U.S.C. 3618]
SEPARABILITY OF PROVISIONS
SEC. 820. If any provision of this title or the application thereof to any
person or circumstances is held invalid, the remainder Of the title and the
application of the provision to other persons not similarly situated or to other
circumstances shall not be affected thereby.
[42 U.S.C. 3619]
TITLE IX
PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES
SEC. 901. Whoever, whether or not acting under color of law, by force or threat
of force willfully injures, intimidates or interferes with or attempts to
injure, intimidate or interfere with-
(a) any person because of his race, color, religion, sex, handicap (as such term
is defined in section 802 of this Act), familial status (as such term is defined
in section 802 of this Act), or national origin and because he is or has been
selling, purchasing, renting, financing, occupying, or contracting or
negotiating for the sale, purchase, rental, financing or occupation of any
dwelling, or applying for or participating in any service, organization, or
facility relating to the business of selling or renting dwellings; or
(b) any person because he is or has been, or in order to intimidate such person
or any other person or any class of per- sons from-
(1) participating, without discrimination on account of race, color, religion,
sex, handicap (as such term is defined in section 802 of this Act), familial
status (as such term is defined in section 802 of this Act), or national origin,
in any of the activities, services, organizations or facilities de- scribed in
subsection 901(a); or
(2) affording another person or class of persons opportunity or protection so to
participate; or (c) any citizen because he is or has been, or in order to dis-
courage such citizen or any other citizen from lawfully aiding or encouraging
other persons to participate, without discrimination on account of race, color,
religion, sex, handicap (as such term is defined in section 802 of this Act),
familial status (as such term is defined in section 802 of this Act), or
national origin, in any of the activities, services, organizations or facilities
described in subsection 901(a), or participating lawfully in speech or peaceful
assembly opposing any denial of the opportunity to so participate-
shall be fined not more than $1,000, or imprisoned not more than one year, or
both; and if bodily injury results shall be fined not more than $10,000, or
imprisoned not more than ten years, or both; and if death results shall be
subject to imprisonment for any term of years or for life.
[42 U.S.C. 3631]
TITLE X-CIVIL OBEDIENCE
SHORT TITLE
SEC. 1001. This title may be cited as the "Civil Obedience Act of
1968."
CRIMINAL PENALTIES FOR ACTS COMMITTED IN CIVIL DISORDERS SEC. 1002. (a) [Amends
title 18, United States Code, by inserting a new chapter 12, civil disorders.]
(b) [Amends the table of contents to "PART I.-CRIMES" Of title 18,
United States Code.]
civilrights.org -- Research Center