Civil Rights Act of 1964, as amended, Title II; Civil
Rights Act of 1968, as amended, Title VIII, Public Law 90-284, 42 U.S.C. 3601;
Equal Credit Opportunity Act of 1974, Public Law 93-495; Equal Credit
Opportunity Act of 1976, Public Law 94-239; 15 U.S.C. 1691; Fair Housing
Amendments Act of 1988, Public Law 100-430; Religious Land Use and
Institutionalized Persons Act of 2000, Public Law 106-274.
The Fair Housing Act provides freedom from
discrimination on the basis of race, color, religion, sex or national origin,
handicap and familial status in connection with the sale, rental, and
financing of housing and other related activities. The Equal Credit
Opportunity Act (ECOA) prohibits discrimination in credit transactions on the
basis of race, color, religion, national origin, sex, marital status, or age
(provided the applicant has the capacity to contract), because all or a part
of the applicant's income is derived from a public assistance program, or
because the applicant has in good faith exercised any right under the Consumer
Credit Protection Act. Title II of the 1964 Civil Rights Act prohibits
discrimination on the basis of race, color, national origin and religion in
places of public accommodations, which are defined to include hotels, motels,
restaurants, gas stations, and places of entertainment.
TYPES OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The Fair Housing Act, which is found in Title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, is designed to
ensure freedom from discrimination in the sale, rental and financing of
housing, and other related activities. The Act provides two major avenues of
enforcement by the Department. First, the Attorney General has independent
authority to bring civil actions in Federal courts whenever he/she has
reasonable cause to believe that any person or group of persons is engaged in
a pattern or practice of discrimination or when he/she has reasonable cause to
believe any group has been denied such rights in a case of general public
importance. Under its pattern or practice authority, the Department may seek
appropriate injunctive relief, actual and punitive damages for any persons
injured by a the discrimination, and civil penalties of up to $55,000 against
a defendant for the first violation and up to $110,000 for subsequent
violations of the Act. Second, the Department also has authority to seek
relief on behalf of individuals in certain circumstances, as follows. The
Department of Housing and Urban Development (HUD) is required to investigate
and conciliate any complaint of housing discrimination filed with that agency.
If it cannot be conciliated, HUD is authorized to file an administrative
charge if it determines there is reasonable cause to believe the Fair Housing
Act has been violated. At that point, either party may elect to have such
charge heard in Federal court, and if such election is made, the Department of
Justice is required to bring suit in Federal court on behalf of the
complainant and may seek actual and punitive damages in such an action. Aside
from enforcement by the Federal government, private suits alleging illegal
discrimination may be filed in the appropriate Federal or State court within
two years of alleged discrimination. The ECOA, as amended, is designed to
prohibit certain types of discrimination in all aspects of credit
transactions. Persons who believe that they are victims of such discrimination
may file complaints with one of the appropriate Federal regulatory agencies or
may bring the information to the attention of the Attorney General. The
Department of Justice is authorized to institute litigation in Federal court
when a matter is referred to the Attorney General by an agency responsible for
administrative enforcement of the Act or when he/she has reasonable cause to
believe that one or more creditors are engaged in a pattern or practice of
discrimination in violation of the Act. The Act gives the United States
authority to seek actual and punitive damages for any persons aggrieved by the
discrimination. In addition, an aggrieved person may institute suit in a
Federal court pursuant to the ECOA. Title II of the 1964 Civil Rights Act is
designed to prohibit discrimination in certain kinds of public accommodations.
It gives the Attorney General authority to bring a legal action when he/she
determines that there is reasonable cause to believe that any person or group
is engaged in a pattern or practice of discrimination which violates the
provisions of Title II. Remedies available in such cases are limited to
injunctive relief and the Department does not have authority to seek monetary
relief. Private individuals also may bring legal action under Title II. In
addition, there are other civil rights laws which give such individuals
authority to take legal action against public accommodations not covered by
Title II. The Religious Land Use and Institutionalized Persons Act passed in
September, 2000 prohibits state and local governments from using their
authority to burden the exercise of religion, exclude religious assemblies
from their jurisdictions, or discriminate against religious institutions. It
gives the Attorney General the authority to seek injunctive or declaratory
relief for violations of the Act. Private individuals may also bring actions
under the statute.
Pre-application Coordination: None. This program is
excluded from coverage under E.O. 12372.
Application Procedure: Contact the headquarters
office listed below.
Award Procedure: Not applicable.
Deadlines: There is no deadline for the filing of
pattern or practices cases with respect to housing discrimination or public
accommodations. However, any individual filing a complaint with HUD pursuant
to the enforcement scheme discussed in part 070, must file the complaint with
HUD within 1 year of the occurrence or termination of an alleged
discriminatory housing practice. Under the ECOA, any legal action must be
taken within 2 years of the discriminatory occurrence.
Range of Approval/Disapproval Time: Not
applicable.
Appeals: Not applicable.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: Not applicable.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification: 15-0128-0-1-752.
Obligations: (Salaries and Expenses) FY 01
$13,295,000; FY 02 est $13,963,000; and FY 03 est $14,278,000.
Range and Average of Financial Assistance: Not
applicable.
In fiscal year 2001, the Housing and Civil Enforcement Section continued the
very successful fair housing testing program. Since its creation in 1992
through the end of fiscal year 2001, the Department's testing program has
resulted in the filing of 69 pattern or practice cases, 5 of which were filed
in fiscal year 2001. As of the end of fiscal year 2001, 64 of 69 cases have
been resolved and the total monetary relief obtained in these cases is nearly
$9 million. The program also continued to put significant emphasis on
enforcement of fair lending laws. Since 1992, 16 cases have been initiated
attacking discrimination by financial institutions in the underwriting,
marketing and pricing of loans. All of these cases have been resolved by
consent decrees or settlement agreement resulting in more than $63 million in
monetary relief. The Section continues enforcing the accessibility provisions
of the Fair Housing Act. Since 1988, 34 pattern or practice cases have been
filed alleging violations of these provisions. Eight of these cases were
settled by consent decrees or out-of-court settlements in fiscal year 2001,
including resolution of a complaint against two developers and an architect in
Las Vegas, Nevada for failing to design and construct several apartment
complexes with the features of accessible and adaptable design. Finally, the
Section filed 24 pattern or practice cases and resolved 20 pattern or
practices complaints with consent orders or settlement agreements.
REGULATIONS, GUIDELINES, AND LITERATURE:
None.
INFORMATION CONTACTS:
Regional or Local Office: None.
Headquarters Office: Department of Justice, Civil
Rights Division, Housing and Civil Enforcement Section, Washington, DC 20530.
Telephone: (202) 514-4713. Contact: Office of Public Affairs, Department of
Justice. Telephone: (Voice) (202) 514-2007; (TDD) (202) 514-1888.
Web Site Address: http://www.usdoj.gov.crt/housing/hcehome.html.
