§6716 Civil action by a person adversely affected

Summary

A person who is harmed by a prohibited practice by a local government or by one of its officials acting in their job can sue in federal court or state court. But the person must first file an administrative complaint with the Secretary, another federal agency head, or the state agency that has an agreement with the Secretary under section 6711(d). If the agency says within 90 days that the government did not fail to follow the law, or if the agency gives no decision within 90 days, the person is treated as having finished the administrative steps. A court can order short-term emergency relief, a lasting injunction, or other actions. That can include stopping, ending, repaying, or holding payments under this chapter in escrow until the case is decided. To enforce certain compliance rules, the court may award reasonable attorney’s fees to a winning party, except the United States. The Attorney General may join the case if it is certified as broadly important. If the United States joins, it can get the same relief and must pay the same fees and costs as a private person.