42 USC 3610(d): Information Related to conciliation under the Fair Housing Act

          
Sec. 3610. Administrative enforcement; preliminary matters
(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.

(Pub. L. 90-284, title VIII, Sec. 810, as added Pub. L. 100-430, 
Sec. 8(2), Sept. 13, 1988, 102 Stat. 1625.)

                       References in Text

    The Federal Rules of Civil Procedure, referred to in subsec. (e)(1), 
are set out in the Appendix to Title 28, Judiciary and Judicial 
Procedure.
                            Prior Provisions

    A prior section 3610, Pub. L. 90-284, title VIII, Sec. 810, Apr. 11, 
1968, 82 Stat. 85, related to enforcement, prior to repeal by Pub. L. 
100-430, Sec. 8(2).
                             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.