home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Cream of the Crop 1
/
Cream of the Crop 1.iso
/
EDUCATE
/
FAIRHOUS.ARJ
/
FAIRHOUS.TXT
Wrap
Text File
|
1992-01-24
|
58KB
|
922 lines
------------------------------------------------------------------------------
H.R.1158
One Hundredth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fifth day of January, one thousand nine hundred and eighty-eight
An Act
To amend title VIII of the Act commonly called the Civil Rights Act of
1968, to revise the procedures for the enforcement of fair housing, and for
other purposes.
==============================
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Fair Housing Amendments Act of 1988".
SEC. 2. SHORT TITLE FOR 1968 ACT.
The Act entitled "An Act to prescribe penalties for certain acts of
violence or intimidation, and for other purposes" (Public Law 90-284,
approved April 11, 1968) is amended by inserting after the comma at the end
of the enacting clause, the following: "That this Act may be cited as the
'Civil Rights Act of 1968'.".
SEC. 3. REFERENCES TO 1968 ACT.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or provision, the reference shall be considered to be made to a section or
other provision of the Act entitled "An Act to prescribe penalties for
certain acts of violence or intimidation, and for other purposes" (Public
Law 90-284, approved April 11, 1968).
SEC. 4. SHORT TITLE FOR TITLE VIII.
Title VIII is amended by inserting after the title's heading the following
new section:
"Short Title
"Sec. 800. This title may be cited as the 'Fair Housing Act'.".
SEC. 5. AMENDMENTS TO DEFINITIONS SECTION.
(a) Modification of Definition of Discriminatory Housing
Practice.--Section 802(f) is amended by striking out "or 806" and inserting
in lieu thereof "806, or 818".
(b) Additional Definitions.--Section 802 is amended by adding at the end
the following:
"(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 Controlled 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.
"(j) '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 18 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.
"(l) '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).".
SEC. 6. DISCRIMINATORY HOUSING PRACTICE AMENDMENTS.
(a) Additional Discriminatory Housing Practices.--Section 804 is amended
by adding at the end the following:
"(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;
"(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 wheelchairs; and
"(iii) all premises within such dwellings contain the following
features of adaptive design:
"(I) an accessible route into and through the dwelling;
"(II) light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations;
"(III) 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 and 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).
"(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.".
(b) Additional Protected Classes.--(1) Section 806 and subsections (c),
(d), and (e) of section 804, are each amended by inserting "handicap,
familial status," immediately after "sex," each place it appears.
(2) Subsections (a) and (b) of section 804 are each amended by inserting
"familial status," after "sex," each place it appears.
(3) For the purposes of this Act as well as chapter 16 of title 29 of the
United States Code, neither the term "individual with handicaps" nor the
term "handicap" shall apply to an individual solely because that individual
is a transvestite.
(c) Discrimination in Residential Real Estate-Related
Transactions.--Section 805 is amended to read as follows:
"Discrimination in Residential Real Estate-Related Transactions
"Sec. 805. (a) In General.--It shall be 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.".
(d) Additional Exemption.--Section 807 is amended--
(1) by inserting "(a)" after "Sec. 807."; and
(2) by adding at the end of such section the following:
"(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 program); 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 require 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 services is not
practicable, that such housing is necessary to provide important
housing opportunities for older persons; and
"(ii) that at least 80 percent of the units are occupied by 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).".
(e) Clerical Amendment.--The heading of section 804 is amended by adding
at the end the following: "and other prohibited practices".
SEC. 7. ADDITIONAL ADMINISTRATIVE AUTHORITY.
(a) Cooperation With Secretary.--Section 808(d) is amended by inserting
"(including any Federal agency having regulatory or supervisory authority
over financial institutions)" after "urban development".
(b) Additional Functions of Secretary.--(1) Section 808(e) is amended--
(A) in paragraph (2), by inserting before the semicolon at the end,
the following: ", 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 by section
810(a)(1)(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)";
(B) by striking out "; and" at the end of paragraph (4);
(C) by striking out the period at the end of paragraph (5) and
inserting in lieu thereof "; and"; and
(D) by adding at the end, the following:
"(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).".
(2) Section 808 is amended by adding at the end the following:
"(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.".
SEC. 8. ENFORCEMENT CHANGES.
Title VIII is amended--
(1) by redesignating sections 815 through 819 as sections 816 through
820, respectively; and
(2) by striking out sections 810 through 813 and inserting in lieu
thereof the following:
"Administrative Enforcement; Preliminary Matters
"Sec. 810. (a) Complaints and Answers.--(1)(A)(i) An aggrieved person may,
not later than one year after an alleged discriminatory housing practice has
occurred or terminated, file a complaint with the Secretary alleging such
discriminatory housing practice. The Secretary, on the Secretary's own
initiative, may also file such a complaint.
"(ii) Such complaints shall be in writing and shall contain such
information and be in such form as the Secretary requires.
"(iii) The Secretary may also investigate housing practices to determine
whether a complaint should be brought under this section.
"(B) Upon the filing of such a complaint--
"(i) the Secretary shall serve notice upon the aggrieved person
acknowledging such filing and advising the aggrieved person of the time
limits and choice of forums provided under this 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 complaint; and
"(iv) the Secretary shall make an investigation of the alleged
discriminatory housing practice and complete such investigation within
100 days after the filing of the complaint (or, when the Secretary takes
further action under subsection (f)(2) 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 paragraph
(1), shall explain the basis for the Secretary's belief that the person to
whom the notice is addressed is properly joined as a respondent.
"(b) Investigative Report and Conciliation.--(1) During the period
beginning with the filing of such complaint and ending with the filing of a
charge or a dismissal by the Secretary, the Secretary shall, to the extent
feasible, engage in conciliation with respect to such complaint.
"(2) A conciliation agreement arising out of such conciliation shall be an
agreement between the respondent and the complainant, and shall be subject
to approval by the Secretary.
"(3) A conciliation agreement may provide for binding arbitration of the
dispute arising from the complaint. Any such arbitration that results from a
conciliation agreement may award appropriate relief, including monetary
relief.
"(4) Each conciliation agreement shall be made public unless the
complainant and respondent otherwise agree and the Secretary determines that
disclosure is not required to further the purposes of this 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.--Whenever the
Secretary has reasonable cause to believe that a respondent has breached a
conciliation agreement, the Secretary shall refer the matter to the Attorney
General with a recommendation that a civil action be filed under section 814
for the enforcement of such agreement.
"(d) Prohibitions and Requirements With Respect to Disclosure of
Information.--(1) Nothing said or done in the course of conciliation under
this title may be made public or used as evidence in a subsequent proceeding
under this title without the written consent of the persons concerned.
"(2) Notwithstanding paragraph (1), the Secretary shall make available to
the aggrieved person and the respondent, at any time, upon request following
completion of the Secretary's investigation, information derived from an
investigation and any final investigative report relating to that
investigation.
"(e) Prompt Judicial Action.--(1) If the Secretary concludes at any time
following the filing of a complaint that prompt judicial action is necessary
to carry out the purposes of this 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.--(1) Whenever a complaint
alleges a discriminatory housing practice--
"(A) within the jurisdiction of a State or local public agency; and
"(B) as to which such agency has been certified by the Secretary under
this subsection;
the Secretary shall refer such complaint to that certified agency before
taking any action with respect to such complaint.
"(2) Except with the consent of such certified agency, the Secretary,
after that referral is made, shall take no further action with respect to
such complaint unless--
"(A) the certified agency has failed to commence proceedings with
respect to the complaint before the end of the 30th day after the date
of such referral;
"(B) the certified agency, having so commenced such proceedings, fails
to carry forward such proceedings with reasonable promptness; or
"(C) the Secretary determines that the certified agency no longer
qualifies for certification under this subsection with respect to the
relevant jurisdiction.
"(3)(A) The Secretary may certify an agency under this subsection only if
the Secretary determines that--
"(i) the substantive rights protected by such agency in the
jurisdiction with respect to which certification is to be made;
"(ii) the procedures followed by such agency;
"(iii) the remedies available to such agency; and
"(iv) the availability of judicial review of such agency's action;
are substantially equivalent to those created by and under this 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.--(1) 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.
"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 payable 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.--(1) 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 person's power to do so, in
obedience to the subpoena or other lawful order under subsection (a), shall
be fined 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 subsection (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.
"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.--(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.
"(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 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.
"(g) Hearings, Findings and Conclusions, and Order.--(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.
"(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.
"(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) 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.--(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.
"(i) Judicial Review.--(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.
"(j) Court Enforcement of Administrative Order Upon Petition by
Secretary.--(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.
"(k) Relief Which May Be Granted.--(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.
"(l) 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 (j) 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 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.
"(n) Entry of Decree.--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.
"(o) Civil Action for Enforcement When Election Is Made for Such Civil
Action.--(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.
"(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 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.
"Enforcement by Private Persons
"Sec. 813. (a) Civil Action.--(1)(A) An aggrieved person may commence a
civil action in an appropriate United States district court or State court
not later than 2 years after the occurrence or the termination of an alleged
discriminatory housing practice, or the breach of a conciliation agreement
entered into under this 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.
"(c) 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 engaging 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.
"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.--(1)(A) The Attorney General may commence a civil
action in any appropriate United States district court for appropriate
relief with respect to a discriminatory 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 appropriate 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).--(1) 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.
"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.".
SEC. 9. CONFORMING AMENDMENT TO TITLE IX.
Section 901 is amended by inserting ", 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)," after "sex" each place it appears.
SEC. 10. TECHNICAL AMENDMENT RELATING TO CIVIL ACTION.
Section 818 (as so redesignated by section 8 of this Act) is amended by
striking out the last sentence thereof.
SEC. 11. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) Jurisdiction.--Section 2342 of title 28, United States Code, is
amended--
(1) by striking out "and" at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5) and
inserting "; and" in lieu thereof; and
(3) by inserting after paragraph (5) but before the matter beginning
"Jurisdiction is invoked" the following:
"(6) all final orders under section 812 of the Fair Housing Act.".
(b) Definition.--Section 2341(3) of title 28, United States Code, is
amended--
(1) by striking out "and" at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph (C) and
inserting "; and" in lieu thereof; and
(3) by adding at the end the following:
"(D) the Secretary, when the order is under section 812 of the
Fair Housing Act.".
SEC. 12. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
Nothing in the Fair Housing Act as amended by this Act limits any right,
procedure, or remedy available under the Constitution or any other Act of
the Congress not so amended.
SEC. 13. EFFECTIVE DATE AND INITIAL RULEMAKING.
(a) Effective Date.--This Act and the amendments made by this Act shall
take effect on the 180th day beginning after the date of the enactment of
this Act.
(b) Initial Rulemaking.--In consultation with other appropriate Federal
agencies, the Secretary shall, not later than the 180th day after the date
of the enactment of this Act, issue rules to implement title VIII as amended
by this Act. The Secretary shall give public notice and opportunity for
comment with respect to such rules.
SEC. 14. SEPARABILITY OF PROVISIONS.
If any provision of this Act or the application thereof to any person or
circumstances is held invalid, the remainder of the Act and the application
of the provision to other persons not similarly situated or to other
circumstances shall not be affected thereby.
SEC. 15. MODIFICATION OF RENTAL HOUSING BY HANDICAPPED PERSONS.
Section 804 (as amended by section 6 of this Act) is further amended by
striking out the period at the end of subsection (f)(3)(A) and inserting in
lieu thereof "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.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
-------------------------------------------------------------------------------
*** Remember: You are in the 100th Congress
Please type desired COMMAND...............................
-----------------------------------------------------------------------------