42 U.S.C. § 3601 — Declaration of policy

Page 5946 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3550 personnel to conduct investigations, establish guide- lines and timeframes for such investigations, prescribe requirements for final reports on violations, and pre- scribe procedures for conducting investigations of, and reporting on, Anti-Deficiency Act violations, was not repeated in subsequent appropriation acts. Similar pro- visions were contained in the following prior appropria- tion acts: Pub. L. 108–447, div. I, title II, Dec. 8, 2004, 118 Stat. 3312. Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. Pub. L. 108–7, div. K, title II, Feb. 20, 2003, 117 Stat. 499, as amended by Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. § 3550. Audit of Department financial statements For this fiscal year and each fiscal year there- after, subject to appropriations for that purpose, the Office of Inspector General shall procure and rely upon the services of an independent exter- nal auditor(s) to audit the financial statements of the Department of Housing and Urban Devel- opment, including the consolidated financial statement and the financial statements of the Federal Housing Administration and the Gov- ernment National Mortgage Association. (Pub. L. 116–260, div. L, title II, Dec. 27, 2020, 134 Stat. 1891.) Editorial Notes REFERENCES IN TEXT This fiscal year, referred to in text, is fiscal year 2021. CODIFICATION Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2021, and also as part of the Transportation, Housing and Urban Development, and Related Agencies Appro- priations Act, 2021, and not as part of the Department of Housing and Urban Development Act which com- prises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Provisions similar to this section were contained in the following prior appropriation act: Pub. L. 116–94, div. H, title II, Dec. 20, 2019, 133 Stat. 2999. CHAPTER 45—FAIR HOUSING SUBCHAPTER I—GENERALLY Sec. 3601. Declaration of policy. 3602. Definitions. 3603. Effective dates of certain prohibitions. 3604. Discrimination in the sale or rental of hous- ing and other prohibited practices. 3605. Discrimination in residential real estate-re- lated transactions. 3606. Discrimination in the provision of brokerage services. 3607. Religious organization or private club exemp- tion. 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. Sec. 3614. Enforcement by Attorney General. 3614–1. Incentives for self-testing and self-correction. 3614a. Rules to implement subchapter. 3615. Effect on State laws. 3616. Cooperation with State and local agencies ad- ministering 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. SUBCHAPTER II—PREVENTION OF INTIMIDATION 3631. Violations; penalties. SUBCHAPTER I—GENERALLY § 3601. Declaration of policy It is the policy of the United States to provide, within constitutional limitations, for fair hous- ing throughout the United States. (Pub. L. 90–284, title VIII, § 801, Apr. 11, 1968, 82 Stat. 81.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–430, § 13(a), Sept. 13, 1988, 102 Stat. 1636, provided that: ‘‘This Act and the amendments made by this Act [see Short Title of 1988 Amendment note below] shall take effect on the 180th day beginning after the date of the enactment of this Act [Sept. 13, 1988].’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–76, § 1, Dec. 28, 1995, 109 Stat. 787, provided that: ‘‘This Act [amending section 3607 of this title] may be cited as the ‘Housing for Older Persons Act of 1995’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–430, § 1, Sept. 13, 1988, 102 Stat. 1619, pro- vided that: ‘‘This Act [enacting sections 3610 to 3614a of this title, amending sections 3602, 3604 to 3608, 3615 to 3619, and 3631 of this title and sections 2341 and 2342 of Title 28, Judiciary and Judicial Procedure, repealing former sections 3610 to 3613 of this title, and enacting provisions set out as notes under this section and sec- tion 3602 of this title] may be cited as the ‘Fair Housing Amendments Act of 1988’.’’ SHORT TITLE Section 1 of Pub. L. 90–284, as added by Pub. L. 100–430, § 2, Sept. 13, 1988, 102 Stat. 1619, provided: ‘‘That this Act [enacting this chapter, sections 231 to 233, 245, 2101, and 2102 of Title 18, Crimes and Criminal Proce- dure, and sections 1301 to 1303, 1311, 1312, 1321 to 1326, 1331, and 1341 of Title 25, Indians, amending sections 1973j, 3533, 3535 of this title, and sections 241, 242, and 1153 of Title 18, enacting provisions set out as notes under sections 231 and 245 of Title 18, and repealing pro- visions set out as notes under section 1360 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Civil Rights Act of 1968’.’’ Section 800 of Pub. L. 90–284, title VIII, as added by Pub. L. 100–430, § 4, Sept. 13, 1988, 102 Stat. 1619, provided that: ‘‘This title [enacting this subchapter and amend- ing sections 3533 and 3535 of this title] may be cited as the ‘Fair Housing Act’.’’ SEPARABILITY Pub. L. 100–430, § 14, Sept. 13, 1988, 102 Stat. 1636, pro- vided that: ‘‘If any provision of this Act [see Short Title of 1988 Amendment note above] or the application Page 5947 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3602 thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the pro- vision to other persons not similarly situated or to other circumstances shall not be affected thereby.’’ DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS Pub. L. 100–430, § 12, Sept. 13, 1988, 102 Stat. 1636, pro- vided that: ‘‘Nothing in the Fair Housing Act [this sub- chapter] as amended by this Act [see Short Title of 1988 Amendment note above] limits any right, procedure, or remedy available under the Constitution or any other Act of the Congress not so amended.’’ INITIAL RULEMAKING Pub. L. 100–430, § 13(b), Sept. 13, 1988, 102 Stat. 1636, provided that: ‘‘In consultation with other appropriate Federal agencies, the Secretary shall, not later than the 180th day after the date of the enactment of this Act [Sept. 13, 1988], issue rules to implement title VIII [this subchapter] as amended by this Act [see Short Title of 1988 Amendment note above]. The Secretary shall give public notice and opportunity for comment with respect to such rules.’’ FEDERALLY PROTECTED ACTIVITIES; PENALTIES Penalties for violations respecting federally pro- tected activities not applicable to and not affecting ac- tivities under this subchapter, see section 101(b) of Pub. L. 90–284, set out as a note under section 245 of Title 18, Crimes and Criminal Procedure. § 3602. Definitions As used in this subchapter— (a) ‘‘Secretary’’ means the Secretary of Hous- ing and Urban Development. (b) ‘‘Dwelling’’ means any building, structure, or portion thereof which is occupied as, or de- signed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the con- struction or location thereon of any such build- ing, structure, or portion thereof. (c) ‘‘Family’’ includes a single individual. (d) ‘‘Person’’ includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unin- corporated organizations, trustees, trustees in cases under title 11, receivers, and fiduciaries. (e) ‘‘To rent’’ includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (f) ‘‘Discriminatory housing practice’’ means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title. (g) ‘‘State’’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and pos- sessions of the United States. (h) ‘‘Handicap’’ means, with respect to a per- son— (1) a physical or mental impairment which substantially limits one or more of such per- son’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impair- ment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of title 21). (i) ‘‘Aggrieved person’’ includes any person who— (1) claims to have been injured by a discrimi- natory housing practice; or (2) believes that such person will be injured by a discriminatory housing practice that is about to occur. (j) ‘‘Complainant’’ means the person (includ- ing the Secretary) who files a complaint under section 3610 of this title. (k) ‘‘Familial status’’ means one or more indi- viduals (who have not attained the age of 18 years) being domiciled with— (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other per- son having such custody, with the written per- mission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of se- curing legal custody of any individual who has not attained the age of 18 years. (l) ‘‘Conciliation’’ means the attempted resolu- tion of issues raised by a complaint, or by the investigation of such complaint, through infor- mal negotiations involving the aggrieved per- son, the respondent, and the Secretary. (m) ‘‘Conciliation agreement’’ means a written agreement setting forth the resolution of the issues in conciliation. (n) ‘‘Respondent’’ means— (1) the person or other entity accused in a complaint of an unfair housing practice; and (2) any other person or entity identified in the course of investigation and notified as re- quired with respect to respondents so identi- fied under section 3610(a) of this title. (o) ‘‘Prevailing party’’ has the same meaning as such term has in section 1988 of this title. (Pub. L. 90–284, title VIII, § 802, Apr. 11, 1968, 82 Stat. 81; Pub. L. 95–598, title III, § 331, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 100–430, § 5, Sept. 13, 1988, 102 Stat. 1619.) Editorial Notes AMENDMENTS 1988—Subsec. (f). Pub. L. 100–430, § 5(a), substituted ‘‘3606, or 3617’’ for ‘‘or 3606’’. Subsecs. (h) to (o). Pub. L. 100–430, § 5(b), added sub- secs. (h) to (o). 1978—Subsec. (d). Pub. L. 95–598 substituted ‘‘trustees in cases under title 11’’ for ‘‘trustees in bankruptcy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–430 effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. TRANSVESTISM Section 6(b)(3) of Pub. L. 100–430 provided that: ‘‘For the purposes of this Act [see Short Title of 1988 Amend- ment note set out under section 3601 of this title] as