Fair Housing Amendments Act of 1988
PL 100-430 (H.R.1158), enacted 09/13/1988

PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1619 
Public Law 100-430 
100th Congress 
An Act 
To amend title VIII of the Act commonly called the Civil Rights Act of 1968, to revise 
the procedures for the enforcement of fair housing, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
'Fair Housing Amendments Act of 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
1988". 
SEC. 2. SHORT TITLE FOR 1968 ACT. 
The Act entitled "An Act to prescribe penalties for certain acts of 
violence or intimidation, and for other purposes" (Public Law 90-
284, approved April 11, 1968) is amended by inserting after the 
comma at the end of the enacting clause, the following: "That this 
Act may be cited as the 'Civil Rights Act of 1968'.". 
SEC. 3. REFERENCES TO 1968 ACT. 
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or provision, the reference shall be considered to 
be made to a section or other provision of the Act entitled "An Act 
to prescribe penalties for certain acts of violence or intimidation, 
and for other purposes" (Public Law 90-284, approved April 11, 
1968). 
SEC. 4. SHORT TITLE FOR TITLE VIII. 
Title VIII is amended by inserting after the title's heading the 
following new section: 
"SHORT TITLE 
"SEC. 800. This title may be cited as the 'Fair Housing Act'.". 
SEC. 5. AMENDMENTS TO DEFINITIONS SECTION. 
(a) MODIFICATION OF DEFINITION OF DISCRIMINATORY HOUSING 
PRACTICE.—Section 802(0 is amended by striking out "or 806" and 
inserting in lieu thereof "806, or 818". 
(b) ADDITIONAL DEFINITIONS.—Section 802 is amended by adding at 
the end the following: 
"(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 102 of the Controlled 
Substances Act (21 U.S.C. 802)). 
"(i) 'Aggrieved person' includes any person who— 
Sept. 13, 1988 
[H.R. 1158] 
Fair Housing 
Amendmente 
Act of 1988. 
Discrimination, 
prohibition. 
42 u s e 3601 
note. 
Civil Rights Act 
of 1968. 
42 u s e 3601 
note. 
Fair Housing 
Act 
42 u s e 3601 
note. 
42 use 3602. 
102 STAT. 1620 
PUBLIC LAW 100-430—SEPT. 13, 1988 
"(1) claims to have been injured by a discriminatory housing 
practice; or 
"(2) believes that such person will be injured by a discrimina-
tory housing practice that is about to occur, 
"0) 'Complainant' means the person (including the Secretary) who 
files a complaint under section 810. 
"(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. 
"(1) '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 respond-
ent, 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 respond-
ents so identified under section 810(a). 
"(o) 'Prevailing party' has the same meaning as such term has in 
section 722 of the Revised Statutes of the United States (42 U.S.C. 
1988).". 
Handicapped 
SEC. 6. DISCRIMINATORY HOUSING PRACTICE AMENDMENTS. 
42'l?^ 3604. 
(^) ADDITIONAL DISCRIMINATORY HOUSING PRACTICES.—Section 804 
is amended by adding at the end the following: 
"(fKD 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 o
f
— 
"(A) that buyer or renter, 
"(B) a person residing in.or intending to reside in that dwell-
ing 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 dwell-
ing 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; 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1621 
"(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 the date of enactment of the Fair Housing 
Amendments Act of 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 handi-
capped 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 wheel-
chairs; and 
"(iii) all premises within such dwellings contain the fol-
lowing 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 Amer-
ican National Standard for buildings and facilities providing acces-
sibility and usability for physically handicapped people (commonly 
cited as 'ANSI A117.1') suffices to satisfy the requirements of para-
graph (3XCXiii). 
"(5XA) If a State or unit of general local government heis incor-
porated into its laws the requirements set forth in paragraph (3XC), 
compliance with such laws shall be deemed to satisfy the require-
ments of that paragraph. 
"(B) A State or unit of general local government may review and 
approve newly constructeid covered multifamily dwellings for the 
purpose of making determinations as to whether the design and 
construction requirements of paragraph (3XC) 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 multifam-
ily dwellings, determinations as to whether the design and construc-
tion of such dwellings are consistent with paragraph (3XC), and shall 
provide technical assistance to States and unite of local government 
and other persons to implement the requirements of paragraph 
(3XC). 
"(D) Nothing in this title shall be construed to require the Sec-
retary 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). 
"(6XA) 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 810(fK3) of this Act to 
State and local 
governments. 
State and local 
governments. 
102 STAT. 1622 
PUBLIC LAW 100-430—SEPT. 13, 1988 
receive and process complaints or otherwise engage in enforcement 
activities under this title. 
"(B) Determinations by a State or a unit of general local govern-
ment under paragraphs (5) (A) and (B) shall not be conclusive in 
enforcement proceedings under this title. 
"(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. 
State and local 
"(8) Nothing in this title shall be construed to invalidate or limit 
governments. 
any law of a State or political subdivision of a State, or other 
jurisdiction in which this title 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 title. 
Safety. 
"(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.". 
42 use 3606, 
(b) ADDITIONAL PROTECTED CLASSES.—(1) Section 806 and subsec-
3604. 
tions (c), (d), and (e) of section 804, are each amended by inserting 
"handicap, familial status," immediately after "sex," each place it 
appears. 
(2) Subsections (a) and 0)) of section 804 are each amended by 
inserting "familial status," after "sex," each place it appears. 
42 use 3602 
(3) For the purposes of this Act as well as chapter 16 of title 29 of 
note. 
the United States Ckxle, neither the term "individual with handi-
caps" nor the term "handicap" shall apply to an individual solely 
because that individual is a transvestite. 
(c) DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANS-
ACTIONS.—Section 805 is amended to read as follows: 
"DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED 
TRANSACTIONS 
42 use 3605. 
"SEC. 805. (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) DEFINITION.—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 
flnancial 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 title 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.". 
42 use 3607. 
(d) ADDITIONAL EXEMPTION.—Section 807 is amended— 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1623 
(1) by inserting "(a)" after "SEC. 807."; and 
(2) by adding at the end of such section the following: 
"fl>Xl) Nothing in this title limits the applicability of any reason-
able local, State, or Federal restrictions regarding the maximum 
number of occupants permitted to occupy a dwelling. Nor does any 
provision in this title regarding familial status apply with respect to 
housing for older persons. 
"(2) As used in this section, 'housing for older persons' means 
housing— 
"(A) provided under any State or Federal program that the 
Secretary determines is specifically designed and operated to 
assist elderly persons (as defined in the State or Federal pro-
gram); or 
"(B) intended for, and solely occupied by, persons 62 years of 
age or older; or 
"(C) intended and operated for occupancy by at least one 
person 55 years of age or older per unit. In determining whether Regulations. 
housing qualifies as housing for older persons under this subsec- Aged persons. 
tion, the Secretary shall develop regulations which require at 
legist the following factors: 
"(i) the existence of significant facilities and services 
specifically designed to meet the physical or social needs of 
older persons, or if the provision of such facilities and 
services is not practicable, that such housing is necessary to 
provide important housing opportunities for older persons; 
and 
"(ii) that at least 80 percent of the units are occupied by 
at least one person 55 years of age or older per unit; and 
"(iii) the publication of, and adherence to, policies and 
procedures which demonstrate an intent by the owner or 
manager to provide housing for persons 55 years of age or 
older. 
"(3) Housing shall not fail to meet the requirements for housing Aged persons. 
for older persons by reason of: 
"(A) persons residing in such housing as of the date of enact-
ment of this Act who do not meet the age requirements of 
subsections (2) (B) or (C): Provided, That new occupants of such 
housing meet the age requirements of subsections (2) (B) or (C); 
or 
"(B) unoccupied units: Provided, That such units are reserved 
for occupancy by persons who meet the age requirements of 
subsections (2) (B) or (C). 
"(4) Nothing in this title prohibits conduct against a person 
because such person has been convicted by any court of competent 
jurisdiction of the illegal manufacture or distribution of a controlled 
substance as defined in section 102 of the Controlled Substances Act 
(21 U.S.C. 802).". 
(e) CLERICAL AMENDMENT.—The heading of section 804 is amended 
by adding at the end the following: "AND OTHER PROHIBITED 
PRACTICES". 
Drugs and drug 
abuse. 
42 use 3604. 
SEC. 7. ADDITIONAL ADMINISTRATIVE AUTHORITY. 
(a) COOPERATION WITH SECRETARY.—Section 808(d) is amended by 
inserting "(including any Federal agency having regulatory or 
supervisory authority over financial institutions)" after "urban 
development". 
42 u s e 3608. 
102 STAT. 1624 
PUBLIC LAW 100-430—SEPT. 13, 1988 
42 u s e 3608. 
Reports. 
Reports. 
Public 
information. 
Records. 
(b) ADDITIONAL FUNCTIONS OP SECRETARY.—(D Section 808(e) is 
amended— 
(A) in paragraph (2), by inserting before the semicolon at 
the end, the following: ", including an annual report to the 
Congress— 
"(A) specifying the nature and extent of progress made 
nationally in eliminating discriminatory housing practices 
and furthering the purposes of this title, obstacles remain-
ing to achieving equal housing opportunity, and rec-
ommendations for further legislative or executive action; 
and 
"(B) containing tabulations of the number of instances 
(and the reasons therefor) in the preceding year in which— 
"(i) investigations are not completed as required by 
section 810(aXlXB); 
"(ii) determinations are not made within the time 
specified in section 810(g); and 
"(iii) hearings are not commenced or findings and 
conclusions are not made as required by section 812(g)"; 
(B) by striking out "; and" at the end of paragraph (4); 
(C) by striking out the period at the end of paragraph (5) and 
inserting in lieu thereof "; and"; and 
(D) by adding at the end, the following: 
"(6) annually report to the Clongress, and make available to 
the public, data on the race, color, religion, sex, national origin, 
age, handicap, and family characteristics of persons and house-
holds who are applicants for, participants in, or beneficiaries or 
potential beneficiaries of, pn^rams administered by the Depart-
ment to the extent such characteristics are within the coverage 
of the provisions of law and Executive orders referred to in 
subsection (f) which apply to such prc^rams (and in order to 
develop the data to be included and made available to the public 
under this subsection, the Secretary shall, without r^ard to 
any other provision of law, collect such information relating to 
those chaiacteristics as the Secretary determines to be nec-
essary or appropriate).". 
(2) Section 808 is amended by adding at the end the following: 
"(f) The provisions of law and Executive orders to which subsec-
tion (eX6) applies are— 
"(1) title VI of the GvU Rights Act of 1964; 
"(2) title V m of the Cvnl Rights Act of 1968; 
"(3) section 504 of the Rehabilitation Act of 1973; 
"(4) the Age Discrimination Act of 1975; 
"(5) the Equal Credit Opportunity Act; 
"(6) section 1978 of the Revised Statutes (42 U.S.C. 1982); 
"(7) section 8(a) of the Small Business Act; 
"(8) section 527 of the National Housing Act; 
"(9) section 109 of the Housing and Community Development 
Act of 1974; 
"(10) section 3 of the Housing and Urban Development Act of 
1968; 
"(11) Executive orders 11063, 11246, 11625, 12250, 12259, and 
12432; and 
"(12) any other provision of law which the Secretary specifies 
by publication in the Federal Roister for the purpose of this 
subsection.". 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1625 
SEC. 8. ENFORCEMENT CHANGES. 
1 
Title VIII is amended— 
(1) by redesignating sections 815 through 819 as sections 816 
42 USC 
through 820, respectively; and 
3615-3619. 
(2) by striking out sections 810 through 813 and inserting in 
42 USC 
lieu thereof the following: 
3610-3613. 
"ADMINISTRATIVE ENFORCEMENT; PRELIMINARY MATTERS 
"SEC. 810. (a) COMPLAINTS AND ANSWERS.—(l)(A)(i) An aggrieved 
42 USC 3610. 
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 title; 
"(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 righte and obligations of respond-
ents under this title, 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 com-
plaint; and 
"(iv) the Secretary shall make an investigation of the alleged 
discriminatory housing practice and complete such investiga-
tion within 100 days after the filing of the complaint (or, when 
the Secretary takes further action under subsection (fK2) with 
respect to a complaint, within 100 days after the commence-
ment 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 (fK2) 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 writ-
ten 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. 
102 STAT. 1626 
PUBLIC LAW 100-430—SEPT. 13, 1988 
Contracts. 
Public 
information. 
Reports. 
"(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 agree^nent 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 title. 
"(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 CONCIUATION AGREEMENT.—When-
ever 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 814 for the enforcement of such 
agreement. 
"(d) PROHIBITIONS AND REQUIREMENTS WITH RESPECT TO DISCLO-
SURE OF INFORMATION.—(1) Nothing said or done in the course of 
conciliation under this title may be made public or used as evidence 
in a subsequent proceeding under this title 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 investiga-
tive 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 title, 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 prelimi-
nary 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 continu-
ation of administrative proceedings under this section and section 
812 of this title. 
"(2) Whenever the Secretary has reason to believe that a basis 
may exist for the commencement of proceedings against any 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1627 
respondent under sections 814(a) and 814(c) or for proceedings by 
any governmental licensing or supervisory authorities, the Sec-
retary shall transmit the information upon which such belief is 
based to the Attorney General, or to such authorities, as the case 
maybe. 
"(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 Sec-
retary 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 Sec-
retary, 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 proceed-
ings, 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. 
"(3XA) 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 title. 
"(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 the date of the enactment 
of the Fair Housing Amendments Act of 1988 and ends 40 months 
after such date, 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 title on the day before such date shall for the 
purposes of this subsection be considered certified under this subsec-
tion with respect to those matters for which such agency was 
certified on that date. 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 cir-
cumstances, 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 E F F E C T . ^ 1 ) 
The 
Secretary shall, within 100 days after the filing of the complaint (or, 
when the Secretary takes further action under subsection (0(2) with 
102 STAT. 1628 
PUBLIC LAW 100-430—SEPT. 13,1988 
respect to a complaint, within 100 days after the commencement of 
such further action), determine based on the facts whether reason-
able 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 (fK2) 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. 
"(2XA) 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 subpara-
graph (C), immediately issue a charge on behalf of the aggrieved 
person, for further proceedings under section 812. 
"(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 Hnal investigative report; and 
"(iii) need not be limited to the facts or grounds alleged in the 
complaint filed under section 81(Ka). 
"(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 814, 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. 
Public 
The Secretary shall make public disclosure of each such dismissal, 
information. 
"(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 812(a) 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. 
"SUBPOENAS; GIVING OF EVIDENCE 
42 use 3611. 
"SEC. 811. (a) IN GENERAL.—The Secretary may, in accordance 
with this subsection, issue subpoenas and order discovery in aid of 
investigations and hearings under this title. 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. 
PUBLIC LAW 100-430--SEPT. 13, 1988 
102 STAT 1629 
"(b) WITNESS FEES.—^Witnesses summoned by a subpoena under 
this title shall be entitled to the same witness and mileage fees as 
witnesses in proceedings in United States district courts. Fees pay-
able 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 Records. 
n^lects 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), 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 title— 
"(A) makes or causes to be made any false entry or statement 
of fact in any report, account, record, or other document pro-
duced pursuant to subpoena or other lawful order under subsec-
tion (a); 
"(B) willfully n^lects 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. 
"ENFORCEBdENT BY SECRETARY 
"SEC. 812. (a) ELECTION OP JUDICIAL DETERMINATION.—When a 42 use 3612. 
charge is filed under section 810, a complainant, a respondent, or an 
aggrieved person on whose behalf the complaint was filed, may elect 
to have the claims asserted in that charge decided in a civil action 
under subsection (o) in lieu of a hearing under subsection (b). The 
election must be made not later than 20 days after the receipt by the 
electing person of service under section 810(h) or, in the case of the 
Secretary, not later than 20 days after such service. The person 
making such election shall give notice of doing so to the Secretary 
and to all other complainants and respondents to whom the charge 
relates. 
"
0
1
>
) AoMi^nsTRATivE LAW JUDGE HEARING IN ABSENCE OF ELEC-
TION.—If an election is not made under subsection (a) with respect to 
a charge filed under section 810, the Secretary shall provide an 
opportunity for a hearing on the record with respect to a charge 
issued under section 810. The Secretary shall del^ate the conduct of 
a hearing under this section to an administrative law judge ap-
pointed under section 3105 of title 5, United States Code. The 
administrative law judge shall conduct the hearing at a place in the 
vicinity in which the discriminatory housing practice is alleged to 
have occurred or to be about to occur. 
"(c) RIGHTS OF PARTIES.—At a hearing under this section, each 
party may appear in person, be represented by counsel, present 
evidence, cross-examine witnesses, and obtain the issuance of 
subpoenas under section 811. Any aggrieved person may intervene 
as a party in the proceeding. The Federal Rules of Evidence apply to 
the presentation of evidence in such hearing as they would in a civil 
action in a United States district court. 
"(d) ExPEorrED DISCOVERY AND HEARING.—(1) Discovery in 
administrative proceedings under this section shall be conducted as 
102 STAT. 1630 
PUBLIC LAW 100-430—SEPT. 13, 1988 
expeditiously and inexpensively as possible, consistent with the need 
of all parties to obtain relevant evidence. 
"(2) A hearing under this section shall be conducted as expedi-
tiously and inexpensively as possible, consistent with the needs and 
rights of the parties to obtain a fair hearing and a complete record. 
"(3) The Secretary shall, not later than 180 days after the date 
of enactment of this subsection, issue rules to implement this 
subsection. 
"(e) RESOLUTION OF CHARGE.—Any resolution of a charge before a 
final order under this section shall require the consent of the 
aggrieved person on whose behalf the charge is issued. 
"(0 
EFFECT OF TRIAL OF CIVIL ACTION ON ADMINISTRATIVE 
PROCEEDINGS.—An administrative law judge may not continue 
administrative proceedings under this section regarding any 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 discrimi-
natory housing practice. 
"(g) HEARINGS, FINDINGS AND CONCLUSIONS, AND ORDER.—(1) The 
administrative law judge shall commence the hearing under this 
section no later than 120 days following the issuance of the charge, 
unless it is impracticable to do so. If the administrative law judge is 
unable to commence the hearing within 120 days after the issuance 
of the charge, the administrative law judge shall notify the Sec-
retary, the aggrieved person on whose behalf the charge was filed, 
and the respondent, in writing of the reasons for not doing so. 
"(2) The administrative law judge shall make findings of fact and 
conclusions of law within 60 days after the end of the hearing under 
this section, unless it is impracticable to do so. If the administrative 
law judge is unable to make findings of fact and conclusions of law 
within such period, or any succeeding 60-day period thereafter, the 
administrative law judge shall notify the Secretary, the aggrieved 
person on whose behalf the charge was filed, and the respondent, in 
writing of the reasons for not doing so. 
"(3) If the administrative law judge finds that a respondent has 
engaged or is about to engage in a discriminatory housing practice, 
such administrative law judge shall promptly issue an order for such 
relief as may be appropriate, which may include actual damages 
suffered by the aggrieved person and injunctive or other equitable 
relief. Such order may, to vindicate the public interest, assess a civil 
penalty against the respondent— 
"(A) in an amount not exceeding $10,000 if the respondent has 
not been adjudged to have committed any prior discriminatory 
housing practice; 
"(B) in an amount not exceeding $25,000 if the respondent has 
been adjudged to have committed one other discriminatory 
housing practice during the 5-year period ending on the date of 
the filing of this charge; and 
"(C) in an amount not exceeding $50,000 if the respondent has 
been adjudged to have committed 2 or more discriminatory 
housing practices during the 7-year period ending on the date of 
the filing of this charge; 
except that if the acts constituting the discriminatory housing 
practice that is the object of the charge are committed by the same 
natural person who has been previously adjudged to have committed 
acts constituting a discriminatory housing practice, then the civil 
penalties set forth in subparagraphs (B) and (C) may be imposed 
^^ittS^'&^tf^ 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1631 
Public 
information. 
without regard to the period of time within which any subsequent 
discriminatory housing practice occurred. 
"(4) No such order shall affect any contract, sale, encumbrance, or Contracts. 
lease consummated before the issuance of such order and involving 
a bona fide purchaser, encumbrancer, or tenant without actual 
notice of the charge filed under this title. 
"(5) In the case of an order with respect to a discriminatory 
housing practice that occurred in the course of a business subject to 
a licensing or regulation by a governmental agency, the Secretary 
shall, not later than 30 dajrs after the date of the issuance of such 
order (or, if such order is judicially reviewed, 30 days after such 
order is in substance affirmed upon such review)— 
"(A) send copies of the findings of fact, conclusions of law, and 
the order, to that governmental agency; and 
"(B) recommend to that governmental agency appropriate 
disciplinary action (including, where appropriate, the suspen-
sion or revocation of the license of the respondent). 
"(6) In the case of an order against a respondent against whom 
another order was issued within the preceding 5 years under this 
section, the Secretary shall send a copy of each such order to the 
Attorney Greneral. 
"(7) If the administrative law judge finds that the respondent has 
not engaged or is not about to engage in a discriminatory housing 
practice, as the case may be, such administrative law judge shall 
enter an order dismissing the charge. The Secretary shall make 
public disclosure of each such dismissal. 
"(h) REVIEW BY SECRETARY; SERVICE OF FINAL ORDER.—(1) The 
Secretary may review any finding, conclusion, or order issued under 
subsection (g). Such review shall be completed not later than 30 days 
after the finding, conclusion, or order is so issued; otherwise the 
finding, conclusion, or order becomes final. 
"(2) The Secretary shall cause the findings of fact and conclusions 
of law made with respect to any final order for relief under this 
section, together with a copy of such order, to be served on each 
aggrieved person and each respondent in the proceeding. 
"(i) JUDICIAL REVIEW.—(1) Any party aggrieved by a final order for 
relief under this section granting or denying in whole or in part the 
relief sought may obtain a review of such order under chapter 158 of 
title 28, United States Code. 
"(2) Notwithstanding such chapter, venue of the proceeding shall 
be in the judicial circuit in which the discriminatory housing prac-
tice is alleged to have occurred, and filing of the petition for review 
shall be not later than 30 days after the order is entered. 
"(j) COURT ENFORCEMENT OF ADMINISTRATIVE ORDER UPON PETI-
TION B
Y SECRETARY.—(1) The Secretary may petition any United 
States court of appeals for the circuit in which the discriminatory 
housing practice is alleged to have occurred or in which any 
respondent resides or transacts business for the enforcement of the 
order of the administrative law judge and for appropriate temporary 
relief or restraining order, by filing in such court a written petition 
praying that such order be enforced and for appropriate temporary 
relief or restraining order. 
"(2) The Secretary shall file in court with the petition the record Records. 
in the proceeding. A copy of such petition shall be forthwith 
transmitted by the clerk of the court to the parties to the proceeding 
before the administrative law judge. 
102 STAT. 1632 
PUBLIC LAW 100-430—SEPT. 13, 1988 
"(k) RELIEF WHICH MAY BE GRANTED.—(1) Upon the filing of a 
petition under subsection (i) or (j). the court may— 
"(A) grgint to the petitioner, or any other party, such tem-
porary relief, restraining order, or other order as the court 
deems just and proper; 
"(B) affirm, modify, or set aside, in whole or in part, the order, 
or remand the order for further proceedings; and 
"(C) enforce such order to the extent that such order is 
affirmed or modified. 
"(2) Any party to the proceeding before the administrative law 
judge may intervene in the court of appeals. 
"(3) No objection not made before the administrative law judge 
shall be considered by the court, unless the failure or neglect to urge 
such objection is excused because of extraordinary circumstances. 
"(1) ENFORCEMENT DECREE IN ABSENCE OF PETITION FOR REVIEW.— 
If no petition for review is filed under subsection (i) before the 
expiration of 45 days after the date the administrative law judge's 
order is entered, the administrative law judge's findings of fact 
and order shall be conclusive in connection with any petition for 
enforcement— 
"(1) which is filed by the Secretary under subsection (j) after 
the end of such day; or 
"(2) under subsection (m). 
"(m) CtouRT ENFORCEMENT OF ADMINISTRATIVE ORDER UPON PETI-
TION OF ANY PERSON ENTITLED TO REUEF.—If before the expiration 
of 60 days after the date the administrative law judge's order is 
entered, no petition for review has been filed under subsection (i), 
and the Secretary has not sought enforcement of the order under 
subsection (j), any person entitled to relief under the order may 
petition for a decree enforcing the order in the United States court 
of appeals for the circuit in which the discriminatory housing 
practice is alleged to have occurred. 
"(n) ENTRY OF DECREE.—The clerk of the court of appeals in which 
a petition for enforcement is filed under subsection (1) or (m) shall 
forthwith enter a decree enforcing the order and shall transmit a 
copy of such decree to the Secretary, the respondent named in the 
petition, and to any other parties to the proceeding before the 
administrative law judge. 
"(o) CIVIL ACTION FOR ENFORCEMENT WHEN ELECTION IS MADE FOR 
SUCH CJIVIL ACTION.—(1) If an election is made under subsection (a), 
the Secretary shall authorize, and not later than 30 days after the 
election is made the Attorney Cxeneral shall commence and main-
tain, a civil action on behalf of the aggrieved person in a United 
States district court seeking relief under this subsection. Venue for 
such civil action shall be determined under chapter 87 of title 28, 
United States Code. 
"(2) Any aggrieved person with respect to the issues to be deter-
mined in a civil action under this subsection may intervene as of 
right in that civil action. 
"(3) In a civil action under this subsection, if the court finds that a 
discriminatory housing practice has occurred or is about to occur, 
the court may grant as relief any relief which a court could grant 
with respect to such discriminatory housing practice in a civil action 
under section 813. Any relief so granted that would accrue to an 
aggrieved person in a civil action commenced by that aggrieved 
person under section 813 shall also accrue to that aggrieved person 
in a civil action under this subsection. If monetary relief is sought 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1633 
for the benefit of an aggrieved person who does not intervene in the 
civil action, the court shall not award such relief if that aggrieved 
person has not complied with discovery orders entered by the court. 
"(p) ATTORNEY'S FEES.—In any administrative proceeduig brought 
under this section, or any court proceeding arising therefrom, or any 
civil action under section 812, the administrative law judge or the 
court, as the case may be, in its discretion, may allow the preveiiling 
party, other than the United States, a reasonable attorney's fee and 
costs. The United States shall be liable for such fees and costs to the 
extent provided by section 504 of title 5, United States Code, or by 
section 2412 of title 28, United States Code. 
"ENFORCEMENT BY PRIVATE PERSONS 
"SEC. 813. (a) CIVIL ACTION.—(IXA) An aggrieved person may Contracts. 
commence a civil action in an appropriate United States district 42 use 3613. 
court or State court not later than 2 years after the occurrence or 
the termination of an alleged discriminatory housing practice, or 
the breach of a conciliation agreement entered into under this title, 
whichever occurs last, to obtain appropriate relief with respect to 
such discriminatory housing practice of breach. 
"(B) The computation of such 2-year period shall not include any 
time during which an administrative proceeding under this title was 
pending with respect to a complaint or charge under this title 
based upon such discriminatory housing practice. This subpara-
graph does not apply to actions arising from a breach of a concili-
ation agreement. 
"(2) An aggrieved person may commence a civil action under this 
subsection whether or not a complaint has been filed under section 
810(a) and without regard to the status of any such complaint, but if 
the Secretary or a State or local agency has obtained a conciliation 
agreement with the consent of an aggrieved person, no action may 
be filed under this subsection by such aggrieved person with respect 
to the alleged discriminatory housing practice which forms the basis 
for such complaint except for the purpose of enforcing the terms of 
such an agreement. 
"(3) An aggrieved i)erson may not commence a civil action under 
this subsection with respect to an alleged discriminatory housing 
practice which forms the basis of a charge issued by the Secretary if 
an administrative law judge heis commenced a hearing on the record 
under this title with respect to such charge. 
"(b) APPOINTMENT OF ATTORNEY BY COURT.—Upon application by a 
person alleging a discriminatory housing practice or a person 
against whom such a practice is alleged, the court may— 
"(1) appoint an attorney for such person; or 
"(2) authorize the commencement or continuation of a civil 
action under subsection (a) without the pajonent of fees, costs, 
or security, if in the opinion of the court such person is finan-
cially unable to bear the costs of such action. 
"(c) REUEF WHICH MAY BE GRANTED.—(1) In a civil action under 
subsection (a), if the court finds that a discriminatory housing 
practice has occurred or is about to occur, the court may award to 
the plaintiff actual and punitive damages, and subject to subsection 
(d), may grant as relief, as the court deems appropriate, any perma-
nent or temporary injunction, temporary restraining order, or other 
order (including £ui order ei\joining the defendant from engaging 
102 STAT. 1634 
PUBLIC LAW 100-430—SEPT. 13, 1988 
in such practice or ordering such affirmative action as may be 
appropriate). 
"(2) In a civil action under subsection (a), the court, in its discre-
tion, may allow the prevailing party, other than the United States, a 
reasonable attorney s fee and costs. The United States shall be liable 
for such fees and costs to the same extent as a private person. 
"(d) EFFECT ON CERTAIN SALES, ENCUMBRANCES, AND RENTALS.— 
Contracts. 
Relief granted under this section shall not affect any contract, sale, 
encumbrance, or lease consummated before the granting of such 
relief and involving a bona fide purchaser, encumbrancer, or tenant, 
without actual notice of the filing of a complaint with the Secretary 
or civil action under this title. 
"(e) INTERVENTION BY ATTORNEY GENERAL.—Upon timely applica-
tion, the Attorney General may intervene in such civil action, if the 
Attorney General certifies that the case is of general public impor-
tance. Upon such intervention the Attorney General may obtain 
such relief as would be available to the Attorney General under 
section 814(e) in a civil action to which such section applies. 
Courts, U.S. 
42 use 3614. 
Contracts. 
ENFORCEMENT BY THE ATTORNEY GENERAL 
"SEC. 814. (a) PATTERN OR PRACTICE CASES.—Whenever the Attor-
ney General has reasonable cause to believe that any person or 
group of persons is engaged in a pattern or practice of resistance to 
the full enjoyment of any of the rights granted by this title, or that 
any group of persons has been denied any of the rights granted by 
this title and such denial raises an issue of general public impor-
tance, the Attorney General may commence a civil action in any 
appropriate United States district court. 
"(b) ON REFERRAL OF DISCRIMINATORY HOUSING PRACTICE OR 
CONCILIATION AGREEMENT FOR ENFORCEMENT.—(1)(A) The Attorney 
General may commence a civil action in any appropriate United 
States district court for appropriate relief with respect to a discrimi-
natory housing practice referred to the Attorney General by the 
Secretary under section 810(g). 
"(B) A civil action under this paragraph may be commenced not 
later than the expiration of 18 months after the date of the occur-
rence or the termination of the alleged discriminatory housing 
practice. 
"(2)(A) The Attorney General may commence a civil action in any 
appropriate United States district court for appropriate relief with 
respect to breach of a conciliation agreement referred to the Attor-
ney General by the Secretary under section 810(c). 
'(B) A civil action may be commenced under this paragraph not 
later than the expiration of 90 days after the referral of the alleged 
breach under section 810(c). 
"(c) ENFORCEMENT OF SUBPOENAS.—The Attorney General, on 
behalf of the Secretary, or other party at whose request a subpoena 
is issued, under this title, may enforce such subpoena in appropriate 
proceedings in the United States district court for the district in 
which the person to whom the subpoena was addressed resides, was 
served, or transacts business. 
"(d) RELIEF WHICH MAY BE GRANTED IN CIVIL ACTIONS UNDER 
SUBSECTIONS (a) AND (b).—(1) In a civil action under subsection (a) or 
(b), the court— 
"(A) may award such preventive relief, including a permanent 
or temporary injunction, restraining order, or other order 
PUBLIC LAW 100-430—SEPT. 13, 1988 
102 STAT. 1635 
against the person responsible for a violation of this title as is 
necessary to assure the full enjoyment of the rights granted by 
this title; 
"(B) may award such other relief as the court deems appro-
priate, including monetary damages to persons aggrieved; and 
"(C) may, to vindicate the public interest, assess a civil 
penalty against the respondent— 
"(i) in an amount not exceeding $50,000, for a first viola-
tion; and 
"(ii) in an amount not exceeding $100,000, for any subse-
quent violation. 
"(2) In a civil action under this section, the court, in its discretion, 
may allow the prevailing party, other than the United States, a 
reasonable attorney's fee and costs. The United States shall be liable 
for such fees and costs to the extent provided by section 2412 of title 
28, United States Code. 
"(e) INTERVENTION IN CIVIL ACTIONS.—Upon timely application, 
any person may intervene in a civil action commenced by the 
Attorney General under subsection (a) or (b) which involves an 
alleged discriminatory housing practice with respect to which such 
person is an aggrieved person or a conciliation agreement to which 
such person is a party. The court may grant such appropriate relief 
to any such intervening party as is authorized to be granted to a 
plaintiff in a civil action under section 813. 
RULES TO IMPLEMENT TITLE 
"SEC. 815. The Secretary may make rules (including rules for the 
42 USC 3614a. 
collection, maintenance, and analysis of appropriate data) to carry 
out this title. The Secretary shall give public notice and opportunity 
Public 
for comment with respect to all rules made under this section.", 
information. 
SEC. 9. CONFORMING AMENDMENT TO TITLE IX. 
Section 901 is amended by inserting ", handicap (as such term is 
defined in section 802 of this Act), familial status (as such term is 
defined in section 802 of this Act)," after "sex" each place it appears. 
SEC. 10. TECHNICAL AMENDMENT RELATING TO CIVIL ACTION. 
Section 818 (as so redesignated by section 8 of this Act) is amended 
by striking out the last sentence thereof. 
SEC. 11. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE. 
(a) JURISDICTION.—Section 2342 of title 28, United States Code, is 
amended— 
(1) by striking out "and" at the end of paragraph (4); 
(2) by striking out the period at the end of paragraph (5) and 
inserting "; and" in lieu thereof; and 
(3) by inserting after paragraph (5) but before the matter 
beginning "Jurisdiction is invoked" the following: 
"(6) all final orders under section 812 of the Fair Housing 
Act.". 
(b) DEFINITION.—Section 2341(3) of title 28, United States Code, is 
amended— 
(1) by striking out "and" at the end of subparagraph (B); 
(2) by striking out the period at the end of subparagraph (C) 
and inserting "; and" in lieu thereof; and 
(3) by adding at the end the following: 
42 USC 3631. 
42 USC 3617. 
102 STAT. 1636 
PUBLIC LAW 100-430—SEPT. 13,1988 
"(D) the Secretary, when the order is under section 812 of 
the Fair Housing Act.". 
42 u s e 3601 
SEC 12. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. 
Nothing in the Fair Housing Act as amended by this Act limits 
any right, procedure, or remedy available under the Constitution or 
any other Act of the Congress not so amended. 
SEC. 13. EFFECTIVE DATE AND INITIAL RULEMAKING. 
42 use 3601 
(a) EFFECTIVE DATE.—^This Act and the amendments made by this 
note- 
Act shall take effect on the 180th day beginning after the date of the 
enactment of this Act. 
fl}) INITIAL RULEMAKING.—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, issue rules to implement 
Public 
title Vin as amended by this Act. The Secretary shall give public 
information. 
notico and Opportunity for comment with respect to such rules. 
42 use 3601 
SEC. 14. SEPARABILITY OF PROVISIONS. 
If any provision of this Act or the application thereof to any 
person or circumstances is held invalid, the remainder of the Act 
and the application of the provision to other persons not similarly 
situated or to other circumstances shall not be affected thereby. 
SEC. 15. MODIFICATION OF RENTAL HOUSING BY HANDICAPPED 
PERSONS. 
Section 804 (as amended by section 6 of this Act) is further 
amended by striking out the period at the end of subsection (fK3XA) 
and inserting in lieu thereof "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.". 
Approved September 13, 1988. 
LEGISLATIVE HISTORY—H.R. 1158: 
HOUSE REPORTS: No. 100-711 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 22, 23, 29, considered and passed House. 
Aug. 1, 2, considered and passed Senate, amended. 
Aug. 8, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 13, Presidential remarks.