tion to file a complaint with the secretary of Housing and Urban Development.l> In the absence of a complaint HUD may investigate housing practices and may itself bring a complaint. l • Where prompt judicial action is necessary to carry out the purposes of the act. the secretary may authorize the attorney general to file suit and request appropriate temporary relief. including a temporary restraining order and a preliminary injunction against unlawful discrimination 17
Within 100 days of the filing of an administrative complaint. the secretary generally must complete his investigation and make a determination whether "reasonable cause exists to believe that a discriminatory housing practice
has occurred. "" If reasonable cause exists. he must immediately issue a charge on behalf of the aggrieved person. 19 Within 20 days after service of the charge any party may elect in writing to have the case heard in the U.S. district CQurt. 20 -Hearing before ALI
If no such election is made within the 20-day period. however. the case will be heard before an administrative law judge (AL)).21 All parties have the right to be represented by counseL to subpoena. examine and cross-examine witnesses and to have expeditious discovery.22 The ALI is authorized to grant appropriate relief. including actual damages. injunctive relief and civil penalties -- up to $10.000 for a first ollense. $25.000 for a second and $50.000 for a third" -- and may award the prevailing party a reasonable attorney's fee and costS. 24 The secretary may review any
finding or order of the ALI within 30 days; otherwise it becomes finaL" and may only be reviewed further by the filing of a petition for judicial review in the U.S. court of appeals for the judicial circuit in 541Arkansas Lawyer/April 1989
which the alleged discriminatory practice occurred.26 -Civil Action in U.S. District
Court If any party does elect to pursue federal court litigation within 20 days after service of the charge. the attorney general must file a civil action on behalf of the aggrieved person in U.S. district court within 30 days after the election." The court may grant appropriate temporary and permanent injunctive relief and may award the aggrieved person actual and punitive damages." In its discretion the court may award the prevailing party a reasonable attorney's fee and costs." Enforcement by Private Persons An aggrieved person may bypass the administrative complaint process entirely and instead file a civil action in federal or state court within two years after the discriminatory practice is alleged to have occurred.:Il Moreover. such
an action may be filed even during the pendency of a complaint of discrimination, with two exceptions: where an ALI has already commenced a hearing on the complaint or where the complaint is the subject of a conciliation agreement obtained with the consent of the aggrieved person." In such a civil action. the court may grant the same kinds of relief (described above) that may be granted in an action by the attorney generaL including reasonable allorney's fees and costs to the prevailing party.32 Enforcement by the Attorney General
Even absent a formal complaint of discrimination. the allorney general may bring a civil action in U.S. district court whenever he has reasonable cause to believe that "a pattern or practice" of discrimination has occurred or when a denial of rights protected by this act raises an "issue of general public importance."" The court may grant
the same kinds of relief described above. and in addition may impose a penalty of up to $50.000 for a first violation and up to $100.000 for any subsequent violation." CONCLUSION The Fair Housing Amendments Act is being hailed as the most dramatic and significant improvement in civil rights law in the last 20 years. With vigorous enforcement perhaps it will in fact be an important step toward achieving the 40-year-old federal goal of a decent home and suitable living environment for every American family. 0
Footnotes I Pub. L. No. 90-284. 42 U.S.C. § 3601. It was amended by Section 808(b) of the
Housing and Community Development
Act of 1974. Pub. L. No. 93-383. which among other things added sex as a prohibited basis for discrimination.
H.R. Rep. No. 711. 100th Cong.. 2d Sess. 15 (1988). 3 Id. at 16-17. • S. 558. l00th Cong.. 1st Se55. (1987). 5 H.R. Rep. No. 711. 100th Cong .. 2d Sess. 18 (1988). • 42 U.S.C. § 3602(h). The section also
2
defines it as a record of having such an impairment or being regarded as hay· iog such an impairment. 7 42 U.S.C. § 3604(fX3XA) & (B). • 42 U.S.C. § 3604(fX3XC). 9 42 U.S.C. § 3604(fX9). 10 See generally H.R. Rep. No. 711. l00th Cong.. 2d Sess. 19-21 (1988). The report
cites HUD findings that 25 percent of
all rental units do not allow children and 50 percent were subject to restric-
tive policies that limited the abilities of families to live in them. In a separate HUD survey 99 percent of respondents reported incidents of housing
discrimination against children. 11 H.R. Rep. No. 711. 100th Cong .. 2d Sess. 19 (1988). 12 42 U.S.C. § 3602(k) 13 42 U.S.C. § 3607(b)
14
The final rules were promulgated
January 23. 1989 and appear at 54 Fed. Register 3232. See also 24 C.F.R.. Parts 14. 100. 103. 104. 105. 106. 109. 110. 115 and 121 (1989).