PRIA, Government Policy, Made Personal

Summary

Allows the Attorney General to sue in federal court when there is reasonable cause to think a person or group repeatedly blocks people’s rights covered by this law, or when a group’s denial of rights is a matter of public importance. The Attorney General can also sue when the Secretary refers a discriminatory housing practice (under section 3610(g)); that lawsuit must start within 18 months of the act or its end. For breaches of a conciliation agreement referred by the Secretary (under section 3610(c)), the Attorney General must start suit within 90 days of the referral. The Attorney General can enforce subpoenas for the Secretary or the party who asked for them in the federal district where the person lives, was served, or does business. A court can order preventive actions like injunctions. It can also order other relief, including money to people harmed. The court may fine a respondent up to $50,000 for a first violation and up to $100,000 for later ones. The court may award reasonable lawyer fees and costs to a winning party other than the United States; the United States pays fees as allowed by section 2412 of title 28. People harmed or part of a conciliation agreement can ask to join the Attorney General’s case and get the same relief a private plaintiff could get under section 3613.

Title 42, §3614

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

(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 subchapter, or that any group of persons has been denied any of the rights granted by this subchapter 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 3610(g) of this title.

(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 3610(c) of this title.

(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 3610(c) of this title.

(c)Enforcement of subpoenas

The Attorney General, on behalf of the Secretary, or other party at whose request a subpoena is issued, under this subchapter, 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 subchapter as is necessary to assure the full enjoyment of the rights granted by this subchapter;

(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.

(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 3613 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3614, Pub. L. 90–284, title VIII, § 814, Apr. 11, 1968, 82 Stat. 88, related to expedition of court proceedings under section 3612 or 3613 of this title, prior to repeal by Pub. L. 98–620, title IV, § 402(40), Nov. 8, 1984, 98 Stat. 3360.

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.

§3614 Enforcement by Attorney General

Summary

Title 42, §3614

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata