Title 42The Public Health and WelfareRelease 119-73

§3613 Enforcement by private persons

Title 42 › Chapter CHAPTER 45— - FAIR HOUSING › Subchapter SUBCHAPTER I— - GENERALLY › § 3613

Last updated Apr 6, 2026|Official source

Summary

Someone who says they were harmed by housing discrimination can sue in federal or state court. The suit must start no later than 2 years after the discriminatory act, its end, or a breach of a conciliation agreement—whichever happens last. Time when an administrative case about the same matter is pending does not count toward the 2‑year limit, but that rule does not apply to lawsuits about breaches of conciliation agreements. A person can sue even if no administrative complaint was filed, except that if the Secretary or a state or local agency won a conciliation agreement with the person’s consent, the person cannot sue about that same practice except to enforce the agreement. If an administrative law judge has already started a hearing on the charge, the person may not start a separate civil suit about that charge. A court can appoint a lawyer or let a person proceed without paying fees if they cannot afford costs. If the court finds discrimination, it may order money damages (including punitive damages), stop the practice, or order other relief it thinks right. The court may award reasonable attorney fees and costs to the winner, and the United States can be held liable for such fees like a private person. Court orders will not undo sales, leases, or similar transactions completed before the order if the buyer, lender, or tenant did not have actual notice of the complaint or lawsuit. The Attorney General may join the case if it is of general public importance and seek the same relief allowed by law.

Full Legal Text

Title 42, §3613

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)(A)An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.
(B)The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement.
(2)An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 3610(a) of this title and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.
(3)An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this subchapter with respect to such charge.
(b)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)(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)Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the Secretary or civil action under this subchapter.
(e)Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon such intervention the Attorney General may obtain such relief as would be available to the Attorney General under section 3614(e) of this title in a civil action to which such section applies.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3613, Pub. L. 90–284, title VIII, § 813, Apr. 11, 1968, 82 Stat. 88, related to

Enforcement

by Attorney General by bringing civil action requesting preventive relief, prior to repeal by Pub. L. 100–430, § 8(2).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an

Effective Date

of 1988 Amendment note under section 3601 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3613

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73