sponsible for such assistance that all of its programs and 
activities will be conducted in compliance with this Act. 
(b) APPROVAL OF ARCHITECTURAL AND CONSTRUC-
TION PLANS.— 
(1) SUBMISSION.—Any applicant for or recipi-
ent of Federal financial assistance who designs, con-
structs, or commissions, contracts, or otherwise ar-
ranges for design or construction of a covered dwell-
ing unit shall submit architectural and construction 
plans for such unit to the State or local department 
or agency that is responsible, under applicable State 
or local law, for the review and approval of construc-
tion plans for compliance with generally applicable 
building codes or requirements (in this subsection 
referred to as the ‘‘appropriate State or local agen-
cy’’). 
(2) DETERMINATION OF COMPLIANCE.— 
(A) CONDITION OF FEDERAL HOUSING AS-
SISTANCE.—The Secretary of Housing and 
Urban Development may not provide any Fed-
eral financial assistance under any program ad-
ministered by such Secretary to a State or unit 
of general local government (or any agency 
thereof) unless the appropriate State or local 
agency thereof is, in the determination of the 
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Secretary, taking the enforcement actions under 
subparagraph (B). 
(B) ENFORCEMENT
ACTIONS.—The en-
forcement actions under this subparagraph 
are— 
(i) reviewing any plans for a covered 
dwelling unit submitted pursuant to para-
graph (1) and approving or disapproving 
such plans based upon compliance of the 
dwelling unit with the requirements of this 
Act; and 
(ii) consistent with applicable State or 
local laws and procedures, withholding 
final approval of construction or occupancy 
of a covered dwelling unit unless and until 
such compliance is determined. 
(c) CIVIL ACTION FOR PRIVATE PERSONS.—Any per-
son aggrieved by an act or omission that is unlawful under 
this Act may commence a civil action in an appropriate 
United States district court or State court against any 
person or entity responsible for any part of the design or 
construction of a covered dwelling unit no later than two 
years after the occurrence or termination of the alleged 
unlawful conduct under this Act. For purposes of this sec-
tion, a violation involving a covered dwelling unit that is 
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not designed or constructed in conformity with the re-
quirements of this Act shall not be considered to terminate 
until the violation is corrected. 
(d) ENFORCEMENT
BY
ATTORNEY
GENERAL.— 
Whenever the Attorney General has reasonable cause to 
believe that any person or group of persons has violated 
this Act, the Attorney General may commence a civil ac-
tion in any appropriate United States district court. The 
Attorney General may also, upon timely application, inter-
vene in any civil action brought under subsection (c) by 
a private person if the Attorney General certifies that the 
case is of general public importance. 
(e) RELIEF.—In any civil action brought under this 
section, if the court finds that a violation of this title has 
occurred or is about to occur, it may award to the plaintiff 
actual and punitive damages, and subject to subsection 
(g), may grant as relief, as the court finds appropriate, 
any permanent or temporary injunction, temporary re-
straining order, or other order (including an order enjoin-
ing the defendant from violating the Act or ordering such 
affirmative action as may be appropriate). 
(f) ATTORNEY’S FEES.—In any civil action brought 
under this section, the court, in its discretion, may allow 
the prevailing party, other than the United States, a rea-
sonable attorney’s fee and costs. 
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(g) EFFECT ON CERTAIN SALES, ENCUMBRANCES, 
AND RENTALS.—Relief granted under this section shall 
not affect any contract, sale, encumbrance, or lease con-
summated before the granting of such relief and involving 
a bona fide purchaser, encumbrancer, or tenant, without 
actual notice of a civil action under this title. 
SEC. 5. EFFECT ON STATE LAWS. 
Nothing in this Act shall be constructed to invalidate 
or limit any law of a State or political subdivision of a 
State, or of any other jurisdiction in which this Act shall 
be effective, that grants, guarantees, or provides the same 
rights, protections, and requirements as are provided by 
this Act, but any law of a State, a political subdivision 
thereof, or other such jurisdiction that purports to require 
or permit any action that would violate this Act shall to 
that extent be invalid. 
SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER 
ACTS. 
Nothing in this Act shall limit any right, procedure, 
or remedy available under the Constitution or any other 
Act of the Congress. 
SEC. 7. SEVERABILITY OF PROVISIONS. 
If any provision of this Act of the application thereof 
to any person or circumstances is held invalid, the remain-
der of the Act and the application of the provision to other 
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persons not similarly situated shall not be affected there-
by. 
Æ 
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