FEDERAL FAIR HOUSING ACT

CHAPTER 45 - FAIR HOUSING

Sec. 3601. Declaration of policy
Sec. 3602. Definitions
Sec. 3603. Effective dates of certain prohibitions
Sec. 3604. Discrimination in the sale or rental of housing and other prohibited practices
Sec. 3605. Discrimination in residential real estate-related transactions
Sec. 3606. Discrimination in the provision of brokerage services
Sec. 3607. Religious organization or private club exemption
Sec. 3610. Administrative enforcement; preliminary matters
Sec. 3611. Subpoenas; giving of evidence
Sec. 3615. Effect on State laws
Sec. 3616. Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register
Sec. 3617. Interference, coercion, or intimidation
Sec. 3631. Violations; penalties

Sec. 3601. Declaration of policy

-STATUTE-
It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

Sec. 3602. Definitions

-STATUTE-
As used in this subchapter -
(a) ''Secretary'' means the Secretary of Housing and Urban Development.
(b) ''Dwelling'' means any building, structure, or portion thereof which is occupied as, or designed 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 construction or location thereon of any such building, 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,unincorporated 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 possessions of the United States.
(h) ''Handicap'' means, with respect to a person -
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment, 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 discriminatory 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 (including the Secretary)
who files a complaint under section 3610 of this title.
(k) ''Familial status'' means one or more individuals (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 person having such
custody, with the written permission 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 securing legal custody of any individual who has not
attained the age of 18 years.
(l) ''Conciliation'' means the attempted resolution of issues
raised by a complaint, or by the investigation of such complaint,
through informal negotiations involving the aggrieved person, 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 required with respect to
respondents so identified under section 3610(a) of this title.
(o) ''Prevailing party'' has the same meaning as such term has in
section 1988 of this title.

Sec. 3603. Effective dates of certain prohibitions

-STATUTE-
(a) Application to certain described dwellings
Subject to the provisions of subsection (b) of this section and
section 3607 of this title, the prohibitions against discrimination
in the sale or rental of housing set forth in section 3604 of this
title shall apply:
(1) Upon enactment of this subchapter, to -
(A) dwellings owned or operated by the Federal Government;
(B) dwellings provided in whole or in part with the aid of
loans, advances, grants, or contributions made by the Federal
Government, under agreements entered into after November 20,
1962, unless payment due thereon has been made in full prior to
April 11, 1968;
(C) dwellings provided in whole or in part by loans insured,
guaranteed, or otherwise secured by the credit of the Federal
Government, under agreements entered into after November 20,
1962, unless payment thereon has been made in full prior to April
11, 1968: Provided, That nothing contained in subparagraphs (B)
and (C) of this subsection shall be applicable to dwellings
solely by virtue of the fact that they are subject to mortgages
held by an FDIC or FSLIC institution; and
(D) dwellings provided by the development or the redevelopment
of real property purchased, rented, or otherwise obtained from a
State or local public agency receiving Federal financial
assistance for slum clearance or urban renewal with respect to
such real property under loan or grant contracts entered into
after November 20, 1962.
(2) After December 31, 1968, to all dwellings covered by
paragraph (1) and to all other dwellings except as exempted by
subsection (b) of this section.
(b) Exemptions
Nothing in section 3604 of this title (other than subsection (c))
shall apply to -
(1) any single-family house sold or rented by an owner:
Provided, That such private individual owner does not own more
than three such single-family houses at any one time: Provided
further, That in the case of the sale of any such single-family
house by a private individual owner not residing in such house at
the time of such sale or who was not the most recent resident of
such house prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale within
any twenty-four month period: Provided further, That such bona
fide private individual owner does not own any interest in, nor
is there owned or reserved on his behalf, under any express or
voluntary agreement, title to or any right to all or a portion of
the proceeds from the sale or rental of, more than three such
single-family houses at any one time: Provided further, That
after December 31, 1969, the sale or rental of any such
single-family house shall be excepted from the application of
this subchapter only if such house is sold or rented (A) without
the use in any manner of the sales or rental facilities or the
sales or rental services of any real estate broker, agent, or
salesman, or of such facilities or services of any person in the
business of selling or renting dwellings, or of any employee or
agent of any such broker, agent, salesman, or person and (B)
without the publication, posting or mailing, after notice, of any
advertisement or written notice in violation of section 3604(c)
of this title; but nothing in this proviso shall prohibit the use
of attorneys, escrow agents, abstractors, title companies, and
other such professional assistance as necessary to perfect or
transfer the title, or
(2) rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four families
living independently of each other, if the owner actually
maintains and occupies one of such living quarters as his
residence.
(c) Business of selling or renting dwellings defined
For the purposes of subsection (b) of this section, a person
shall be deemed to be in the business of selling or renting
dwellings if -
(1) he has, within the preceding twelve months, participated as
principal in three or more transactions involving the sale or
rental of any dwelling or any interest therein, or
(2) he has, within the preceding twelve months, participated as
agent, other than in the sale of his own personal residence in
providing sales or rental facilities or sales or rental services
in two or more transactions involving the sale or rental of any
dwelling or any interest therein, or
(3) he is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families.

Sec. 3604. Discrimination in the sale or rental of housing and
other prohibited practices

-STATUTE-
As made applicable by section 3603 of this title and except as
exempted by sections 3603(b) and 3607 of this title, it shall be
unlawful -
(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, sex, familial status, or national
origin.
(b) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection therewith, because of race,
color, religion, sex, familial status, or national origin.
(c) To make, print, or publish, or cause to be made, printed, or
published any notice, statement, or advertisement, with respect to
the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin, or an intention to
make any such preference, limitation, or discrimination.
(d) To represent to any person because of race, color, religion,
sex, handicap, familial status, or national origin that any
dwelling is not available for inspection, sale, or rental when such
dwelling is in fact so available.
(e) For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, handicap, familial status,
or national origin.
(f)(1) To discriminate in the sale or rental, or to otherwise
make unavailable or deny, a dwelling to any buyer or renter because
of a handicap of -
(A) that buyer or renter
(B) a person residing in or intending to reside in that
dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection with such dwelling, because
of a handicap of -
(A) that person; or
(B) a person residing in or intending to reside in that
dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination includes -
(A) a refusal to permit, at the expense of the handicapped
person, reasonable modifications of existing premises occupied or
to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises
except that, in the case of a rental, the landlord may where it
is reasonable to do so condition permission for a modification on
the renter agreeing to restore the interior of the premises to
the condition that existed before the modification, reasonable
wear and tear excepted.
(B) a refusal to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may be
necessary to afford such person equal opportunity to use and
enjoy a dwelling; or
(C) in connection with the design and construction of covered
multifamily dwellings for first occupancy after the date that is
30 months after September 13, 1988, a failure to design and
construct those dwellings in such a manner that -
(i) the public use and common use portions of such dwellings
are readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within
all premises within such dwellings are sufficiently wide to
allow passage by handicapped persons in wheelchairs; and
(iii) all premises within such dwellings contain the
following features of adaptive design:
(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations;
(III) reinforcements in bathroom walls to allow later
installation of grab bars; and
(IV) usable kitchens and bathrooms such that an individual
in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing
accessibility and usability for physically handicapped people
(commonly cited as ''ANSI A117.1'') suffices to satisfy the
requirements of paragraph (3)(C)(iii).
(5)(A) If a State or unit of general local government has
incorporated into its laws the requirements set forth in paragraph
(3)(C), compliance with such laws shall be deemed to satisfy the
requirements of that paragraph.
(B) A State or unit of general local government may review and
approve newly constructed covered multifamily dwellings for the
purpose of making determinations as to whether the design and
construction requirements of paragraph (3)(C) are met.
(C) The Secretary shall encourage, but may not require, States
and units of local government to include in their existing
procedures for the review and approval of newly constructed covered
multifamily dwellings, determinations as to whether the design and
construction of such dwellings are consistent with paragraph
(3)(C), and shall provide technical assistance to States and units
of local government and other persons to implement the requirements
of paragraph (3)(C).
(D) Nothing in this subchapter shall be construed to require the
Secretary to review or approve the plans, designs or construction
of all covered multifamily dwellings, to determine whether the
design and construction of such dwellings are consistent with the
requirements of paragraph 3(C).
(6)(A) Nothing in paragraph (5) shall be construed to affect the
authority and responsibility of the Secretary or a State or local
public agency certified pursuant to section 3610(f)(3) of this
title to receive and process complaints or otherwise engage in
enforcement activities under this subchapter.
(B) Determinations by a State or a unit of general local
government under paragraphs (5)(A) and (B) shall not be conclusive
in enforcement proceedings under this subchapter.
(7) As used in this subsection, the term ''covered multifamily
dwellings'' means -
(A) buildings consisting of 4 or more units if such buildings
have one or more elevators; and
(B) ground floor units in other buildings consisting of 4 or
more units.
(8) Nothing in this subchapter shall be construed to invalidate
or limit any law of a State or political subdivision of a State, or
other jurisdiction in which this subchapter shall be effective,
that requires dwellings to be designed and constructed in a manner
that affords handicapped persons greater access than is required by
this subchapter.
(9) Nothing in this subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose
tenancy would result in substantial physical damage to the property
of others.

Sec. 3605. Discrimination in residential real estate-related
transactions

-STATUTE-
(a) In general
It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate-related
transactions to discriminate against any person in making available
such a transaction, or in the terms or conditions of such a
transaction, because of race, color, religion, sex, handicap,
familial status, or national origin.
(b) ''Residential real estate-related transaction'' defined
As used in this section, the term ''residential real
estate-related transaction'' means any of the following:
(1) The making or purchasing of loans or providing other
financial assistance -
(A) for purchasing, constructing, improving, repairing, or
maintaining a dwelling; or
(B) secured by residential real estate.
(2) The selling, brokering, or appraising of residential real
property.
(c) Appraisal exemption
Nothing in this subchapter prohibits a person engaged in the
business of furnishing appraisals of real property to take into
consideration factors other than race, color, religion, national
origin, sex, handicap, or familial status.

Sec. 3606. Discrimination in the provision of brokerage services

-STATUTE-
After December 31, 1968, it shall be unlawful to deny any person
access to or membership or participation in any multiple-listing
service, real estate brokers' organization or other service,
organization, or facility relating to the business of selling or
renting dwellings, or to discriminate against him in the terms or
conditions of such access, membership, or participation, on account
of race, color, religion, sex, handicap, familial status, or
national origin.

Sec. 3607. Religious organization or private club exemption

-STATUTE-
Nothing in this subchapter shall prohibit a religious
organization, association, or society, or any nonprofit institution
or organization operated, supervised or controlled by or in
conjunction with a religious organization, association, or society,
from limiting the sale, rental or occupancy of dwellings which it
owns or operates for other than a commercial purpose to persons of
the same religion, or from giving preference to such persons,
unless membership in such religion is restricted on account of
race, color, or national origin. Nor shall anything in this
subchapter prohibit a private club not in fact open to the public,
which as an incident to its primary purpose or purposes provides
lodgings which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of such lodgings to
its members or from giving preference to its members.

Sec. 3610. Administrative enforcement; preliminary matters

-STATUTE-
(a) Complaints and answers
(1)(A)(i) An aggrieved person may, not later than one year after
an alleged discriminatory housing practice has occurred or
terminated, file a complaint with the Secretary alleging such
discriminatory housing practice. The Secretary, on the Secretary's
own initiative, may also file such a complaint.
(ii) Such complaints shall be in writing and shall contain such
information and be in such form as the Secretary requires.
(iii) The Secretary may also investigate housing practices to
determine whether a complaint should be brought under this section.
(B) Upon the filing of such a complaint -
(i) the Secretary shall serve notice upon the aggrieved person
acknowledging such filing and advising the aggrieved person of
the time limits and choice of forums provided under this
subchapter;
(ii) the Secretary shall, not later than 10 days after such
filing or the identification of an additional respondent under
paragraph (2), serve on the respondent a notice identifying the
alleged discriminatory housing practice and advising such
respondent of the procedural rights and obligations of
respondents under this subchapter, together with a copy of the
original complaint;
(iii) each respondent may file, not later than 10 days after
receipt of notice from the Secretary, an answer to such
complaint; and
(iv) the Secretary shall make an investigation of the alleged
discriminatory housing practice and complete such investigation
within 100 days after the filing of the complaint (or, when the
Secretary takes further action under subsection (f)(2) of this
section with respect to a complaint, within 100 days after the
commencement of such further action), unless it is impracticable
to do so.
(C) If the Secretary is unable to complete the investigation
within 100 days after the filing of the complaint (or, when the
Secretary takes further action under subsection (f)(2) of this
section with respect to a complaint, within 100 days after the
commencement of such further action), the Secretary shall notify
the complainant and respondent in writing of the reasons for not
doing so.
(D) Complaints and answers shall be under oath or affirmation,
and may be reasonably and fairly amended at any time.
(2)(A) A person who is not named as a respondent in a complaint,
but who is identified as a respondent in the course of
investigation, may be joined as an additional or substitute
respondent upon written notice, under paragraph (1), to such
person, from the Secretary.
(B) Such notice, in addition to meeting the requirements of
paragraph (1), shall explain the basis for the Secretary's belief
that the person to whom the notice is addressed is properly joined
as a respondent.
(b) Investigative report and conciliation
(1) During the period beginning with the filing of such complaint
and ending with the filing of a charge or a dismissal by the
Secretary, the Secretary shall, to the extent feasible, engage in
conciliation with respect to such complaint.
(2) A conciliation agreement arising out of such conciliation
shall be an agreement between the respondent and the complainant,
and shall be subject to approval by the Secretary.
(3) A conciliation agreement may provide for binding arbitration
of the dispute arising from the complaint. Any such arbitration
that results from a conciliation agreement may award appropriate
relief, including monetary relief.
(4) Each conciliation agreement shall be made public unless the
complainant and respondent otherwise agree and the Secretary
determines that disclosure is not required to further the purposes
of this subchapter.
(5)(A) At the end of each investigation under this section, the
Secretary shall prepare a final investigative report containing -
(i) the names and dates of contacts with witnesses;
(ii) a summary and the dates of correspondence and other
contacts with the aggrieved person and the respondent;
(iii) a summary description of other pertinent records;
(iv) a summary of witness statements; and
(v) answers to interrogatories.
(B) A final report under this paragraph may be amended if
additional evidence is later discovered.
(c) Failure to comply with conciliation agreement
Whenever the Secretary has reasonable cause to believe that a
respondent has breached a conciliation agreement, the Secretary
shall refer the matter to the Attorney General with a
recommendation that a civil action be filed under section 3614 of
this title for the enforcement of such agreement.
(d) Prohibitions and requirements with respect to disclosure of
information
(1) Nothing said or done in the course of conciliation under this
subchapter may be made public or used as evidence in a subsequent
proceeding under this subchapter without the written consent of the
persons concerned.
(2) Notwithstanding paragraph (1), the Secretary shall make
available to the aggrieved person and the respondent, at any time,
upon request following completion of the Secretary's investigation,
information derived from an investigation and any final
investigative report relating to that investigation.
(e) Prompt judicial action
(1) If the Secretary concludes at any time following the filing
of a complaint that prompt judicial action is necessary to carry
out the purposes of this subchapter, the Secretary may authorize a
civil action for appropriate temporary or preliminary relief
pending final disposition of the complaint under this section.
Upon receipt of such an authorization, the Attorney General shall
promptly commence and maintain such an action. Any temporary
restraining order or other order granting preliminary or temporary
relief shall be issued in accordance with the Federal Rules of
Civil Procedure. The commencement of a civil action under this
subsection does not affect the initiation or continuation of
administrative proceedings under this section and section 3612 of
this title.
(2) Whenever the Secretary has reason to believe that a basis may
exist for the commencement of proceedings against any respondent
under sections 3614(a) and 3614(c) of this title or for proceedings
by any governmental licensing or supervisory authorities, the
Secretary shall transmit the information upon which such belief is
based to the Attorney General, or to such authorities, as the case
may be.
(f) Referral for State or local proceedings
(1) Whenever a complaint alleges a discriminatory housing
practice -
(A) within the jurisdiction of a State or local public agency;
and
(B) as to which such agency has been certified by the Secretary
under this subsection;
the Secretary shall refer such complaint to that certified agency
before taking any action with respect to such complaint.
(2) Except with the consent of such certified agency, the
Secretary, after that referral is made, shall take no further
action with respect to such complaint unless -
(A) the certified agency has failed to commence proceedings
with respect to the complaint before the end of the 30th day
after the date of such referral;
(B) the certified agency, having so commenced such proceedings,
fails to carry forward such proceedings with reasonable
promptness; or
(C) the Secretary determines that the certified agency no
longer qualifies for certification under this subsection with
respect to the relevant jurisdiction.
(3)(A) The Secretary may certify an agency under this subsection
only if the Secretary determines that -
(i) the substantive rights protected by such agency in the
jurisdiction with respect to which certification is to be made;
(ii) the procedures followed by such agency;
(iii) the remedies available to such agency; and
(iv) the availability of judicial review of such agency's
action;
are substantially equivalent to those created by and under this
subchapter.
(B) Before making such certification, the Secretary shall take
into account the current practices and past performance, if any, of
such agency.
(4) During the period which begins on September 13, 1988, and
ends 40 months after September 13, 1988, each agency certified
(including an agency certified for interim referrals pursuant to 24
CFR 115.11, unless such agency is subsequently denied recognition
under 24 CFR 115.7) for the purposes of this subchapter on the day
before September 13, 1988, shall for the purposes of this
subsection be considered certified under this subsection with
respect to those matters for which such agency was certified on
September 13, 1988. If the Secretary determines in an individual
case that an agency has not been able to meet the certification
requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in
that jurisdiction, the Secretary may extend such period by not more
than 8 months.
(5) Not less frequently than every 5 years, the Secretary shall
determine whether each agency certified under this subsection
continues to qualify for certification. The Secretary shall take
appropriate action with respect to any agency not so qualifying.
(g) Reasonable cause determination and effect
(1) The Secretary shall, within 100 days after the filing of the
complaint (or, when the Secretary takes further action under
subsection (f)(2) of this section with respect to a complaint,
within 100 days after the commencement of such further action),
determine based on the facts whether reasonable cause exists to
believe that a discriminatory housing practice has occurred or is
about to occur, unless it is impracticable to do so, or unless the
Secretary has approved a conciliation agreement with respect to the
complaint. If the Secretary is unable to make the determination
within 100 days after the filing of the complaint (or, when the
Secretary takes further action under subsection (f)(2) of this
section with respect to a complaint, within 100 days after the
commencement of such further action), the Secretary shall notify
the complainant and respondent in writing of the reasons for not
doing so.
(2)(A) If the Secretary determines that reasonable cause exists
to believe that a discriminatory housing practice has occurred or
is about to occur, the Secretary shall, except as provided in
subparagraph (C), immediately issue a charge on behalf of the
aggrieved person, for further proceedings under section 3612 of
this title.
(B) Such charge -
(i) shall consist of a short and plain statement of the facts
upon which the Secretary has found reasonable cause to believe
that a discriminatory housing practice has occurred or is about
to occur;
(ii) shall be based on the final investigative report; and
(iii) need not be limited to the facts or grounds alleged in
the complaint filed under subsection (a) of this section.
(C) If the Secretary determines that the matter involves the
legality of any State or local zoning or other land use law or
ordinance, the Secretary shall immediately refer the matter to the
Attorney General for appropriate action under section 3614 of this
title, instead of issuing such charge.
(3) If the Secretary determines that no reasonable cause exists
to believe that a discriminatory housing practice has occurred or
is about to occur, the Secretary shall promptly dismiss the
complaint. The Secretary shall make public disclosure of each such
dismissal.
(4) The Secretary may not issue a charge under this section
regarding an alleged discriminatory housing practice after the
beginning of the trial of a civil action commenced by the aggrieved
party under an Act of Congress or a State law, seeking relief with
respect to that discriminatory housing practice.
(h) Service of copies of charge
After the Secretary issues a charge under this section, the
Secretary shall cause a copy thereof, together with information as
to how to make an election under section 3612(a) of this title and
the effect of such an election, to be served -
(1) on each respondent named in such charge, together with a
notice of opportunity for a hearing at a time and place specified
in the notice, unless that election is made; and
(2) on each aggrieved person on whose behalf the complaint was
filed.

Sec. 3611. Subpoenas; giving of evidence

-STATUTE-
(a) In general
The Secretary may, in accordance with this subsection, issue
subpoenas and order discovery in aid of investigations and hearings
under this subchapter. Such subpoenas and discovery may be ordered
to the same extent and subject to the same limitations as would
apply if the subpoenas or discovery were ordered or served in aid
of a civil action in the United States district court for the
district in which the investigation is taking place.
(b) Witness fees
Witnesses summoned by a subpoena under this subchapter shall be
entitled to the same witness and mileage fees as witnesses in
proceedings in United States district courts. Fees payable to a
witness summoned by a subpoena issued at the request of a party
shall be paid by that party or, where a party is unable to pay the
fees, by the Secretary.
(c) Criminal penalties
(1) Any person who willfully fails or neglects to attend and
testify or to answer any lawful inquiry or to produce records,
documents, or other evidence, if it is in such person's power to do
so, in obedience to the subpoena or other lawful order under
subsection (a) of this section, shall be fined not more than
$100,000 or imprisoned not more than one year, or both.
(2) Any person who, with intent thereby to mislead another person
in any proceeding under this subchapter -
(A) makes or causes to be made any false entry or statement of
fact in any report, account, record, or other document produced
pursuant to subpoena or other lawful order under subsection (a)
of this section;
(B) willfully neglects or fails to make or to cause to be made
full, true, and correct entries in such reports, accounts,
records, or other documents; or
(C) willfully mutilates, alters, or by any other means
falsifies any documentary evidence;
shall be fined not more than $100,000 or imprisoned not more than
one year, or both.

Sec. 3615. Effect on State laws

-STATUTE-
Nothing in this subchapter shall be construed to invalidate or
limit any law of a State or political subdivision of a State, or of
any other jurisdiction in which this subchapter shall be effective,
that grants, guarantees, or protects the same rights as are granted
by this subchapter; but any law of a State, a political
subdivision, or other such jurisdiction that purports to require or
permit any action that would be a discriminatory housing practice
under this subchapter shall to that extent be invalid.

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

-STATUTE-
The Secretary may cooperate with State and local agencies charged
with the administration of State and local fair housing laws and,
with the consent of such agencies, utilize the services of such
agencies and their employees and, notwithstanding any other
provision of law, may reimburse such agencies and their employees
for services rendered to assist him in carrying out this
subchapter. In furtherance of such cooperative efforts, the
Secretary may enter into written agreements with such State or
local agencies. All agreements and terminations thereof shall be
published in the Federal Register.

Sec. 3617. Interference, coercion, or intimidation

-STATUTE-
It shall be unlawful to coerce, intimidate, threaten, or
interfere with any person in the exercise or enjoyment of, or on
account of his having exercised or enjoyed, or on account of his
having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected by section 3603, 3604,
3605, or 3606 of this title.

Sec. 3631. Violations; penalties

-STATUTE-
Whoever, whether or not acting under color of law, by force or
threat of force willfully injuries, intimidates or interferes with,
or attempts to injure, intimidate or interfere with -
(a) any person because of his race, color, religion, sex,
handicap (as such term is defined in section 3602 of this title),
familial status (as such term is defined in section 3602 of this
title), or national origin and because he is or has been selling,
purchasing, renting, financing, occupying, or contracting or
negotiating for the sale, purchase, rental, financing or
occupation of any dwelling, or applying for or participating in
any service, organization, or facility relating to the business
of selling or renting dwellings; or
(b) any person because he is or has been, or in order to
intimidate such person or any other person or any class of
persons from -
(1) participating, without discrimination on account of race,
color, religion, sex, handicap (as such term is defined in
section 3602 of this title), familial status (as such term is
defined in section 3602 of this title), or national origin, in
any of the activities, services, organizations or facilities
described in subsection (a) of this section; or
(2) affording another person or class of persons opportunity
or protection so to participate; or
(c) any citizen because he is or has been, or in order to
discourage such citizen or any other citizen from lawfully aiding
or encouraging other persons to participate, without
discrimination on account of race, color, religion, sex, handicap
(as such term is defined in section 3602 of this title), familial
status (as such term is defined in section 3602 of this title),
or national origin, in any of the activities, services,
organizations or facilities described in subsection (a) of this
section, or participating lawfully in speech or peaceful assembly
opposing any denial of the opportunity to so participate -
shall be fined under title 18 or imprisoned not more than one year,
or both; and if bodily injury results from the acts committed in
violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives,
or fire shall be fined under title 18 or imprisoned not more than
ten years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under title 18 or imprisoned for any term of years or for life, or
both.