24 CFR 180.410 - Charges under the Fair Housing Act.

§ 180.410 Charges under the Fair Housing Act.

(a)Filing and service. Within 3 days after the issuance of a charge, the General Counsel shall file the charge with the Docket Clerk and serve copies (with the additional information required under paragraph (b) of this section) on all respondents and aggrieved persons.

(b)Contents. The charge shall consist of a short and plain written statement of the facts upon which reasonable cause has been found to believe that a discriminatory housing practice has occurred or is about to occur. A notification shall be served with the charge containing the following information:

(1) Any complainant, respondent, or aggrieved person may elect to have the claims asserted in the charge decided in a civil action under 42 U.S.C. 3612(o), in lieu of an administrative proceeding under this part.

(2) Such election must be made not later than 20 days after receipt of service of the charge by serving written notice of such on the Docket Clerk, each respondent, each aggrieved person on whose behalf the charge was issued, the Assistant Secretary, and the General Counsel.

(3) If no person timely elects to have the claims asserted in the charge decided in a civil action under 42 U.S.C. 3612(o), an administrative proceeding will be conducted under this part.

(4) If an administrative hearing is conducted:

(i) The hearing will be held at a date and place specified.

(ii) The respondent will have an opportunity to file an answer to the charge within 30 days after service of the charge.

(iii) The aggrieved person may participate as a party to the administrative proceeding by filing a request for intervention within 50 days after service of the charge.

(iv) All discovery must be concluded 15 days before the date set for hearing.

(v) The rules in this part will govern the proceeding.

(5) If, at any time following service of the charge on the respondent, the respondent intends to enter into a contract, sale, encumbrance, or lease with any person regarding the property that is the subject of the charge, the respondent must provide a copy of the charge to such person before the respondent and the person enter into the contract, sale, encumbrance or lease.

(c)Election of judicial determination. If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under 42 U.S.C. 3612(o), the administrative proceeding shall be dismissed.

(d)Effect of a civil action on administrative proceeding. An ALJ may not continue an administrative proceeding under the Fair Housing Act after the beginning of the trial of a civil action commenced by the aggrieved person under an act of Congress or a State law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the ALJ shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under 42 U.S.C. 3610(e) or 42 U.S.C. 3613 does not affect administrative proceedings under this part.

[ 61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008; 74 FR 4636, Jan. 26, 2009]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 2000d-1

§ 3535 - Administrative provisions

§ 3601 - Declaration of policy

§ 3602 - Definitions

§ 3603 - Effective dates of certain prohibitions

§ 3604 - Discrimination in the sale or rental of housing and other prohibited practices

§ 3605 - Discrimination in residential real estate-related transactions

§ 3606 - Discrimination in the provision of brokerage services

§ 3607 - Religious organization or private club exemption

§ 3608 - Administration

§ 3608a - Collection of certain data

§ 3609 - Education and conciliation; conferences and consultations; reports

§ 3610 - Administrative enforcement; preliminary matters

§ 3611 - Subpoenas; giving of evidence

§ 3612 - Enforcement by Secretary

§ 3613 - Enforcement by private persons

§ 3614 - Enforcement by Attorney General

§ 3614-1

§ 3614a - Rules to implement subchapter

§ 3615 - Effect on State laws

§ 3616 - Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register

§ 3616a - Fair housing initiatives program

§ 3617 - Interference, coercion, or intimidation

§ 3618 - Authorization of appropriations

§ 3619 - Separability

§ 5301 - Congressional findings and declaration of purpose

§ 5302 - General provisions

§ 5303 - Grants to States, units of general local government and Indian tribes; authorizations

§ 5304 - Statement of activities and review

§ 5305 - Activities eligible for assistance

§ 5306 - Allocation and distribution of funds

§ 5307 - Special purpose grants

§ 5308 - Guarantee and commitment to guarantee loans for acquisition of property

§ 5309 - Nondiscrimination in programs and activities

§ 5310 - Labor standards; rate of wages; exceptions; enforcement powers

§ 5311 - Remedies for noncompliance with community development requirements

§ 5312 - Use of grants for settlement of outstanding urban renewal loans of units of general local government

§ 5313 - Reporting requirements

§ 5314 - Consultation by Secretary with other Federal departments, etc.

§ 5315 - Interstate agreements or compacts; purposes

§ 5316 - Transition provisions

§ 5317 - Liquidation of superseded or inactive programs

§ 5318 - Urban development action grants

§ 5318a - John Heinz Neighborhood Development Program

§ 5319 - Community participation in programs

§ 5320 - Historic preservation requirements

§ 6103 - Regulations

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