Fair Housing and Equal Credit Opportunity (16.103)
Program
16.103 Fair Housing and Equal Credit Opportunity
Federal Agency
CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE
Authorization
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.
Program Number
16.103
Last Known Status
Active
Objectives
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. Section 2 of the Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits local governments from significantly burdening the exercise of religion or discriminating against religious institution in their land use and zoning decisions.
Types of Assistance
Provision of Specialized Services.
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 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.
Eligibility Requirements
Applicant Eligibility
All persons.
Beneficiary Eligibility
All persons.
Credentials/Documentation
Not applicable.
Application and Award Process
Preapplication 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
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
In accordance with the provisions of OMB Circular No. A- 133, (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that receive financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for the year, except as noted in Circular No. A-133.
Records
Not applicable.
Program Accomplishments
In fiscal year 2002, the Housing and Civil Enforcement Section continued its very successful fair housing testing program. Since its creation in 1992 through the end of fiscal year 2002, the Department's testing program has resulted in the filing of 74 pattern or practice cases, 4 of which were filed in fiscal year 2002. As of the end of fiscal year 2002, 70 of the 74 cases had been resolved and the total monetary relief obtained in these cases is nearly $10 million. A 2002 report by a bipartisan private organization established to monitor civil rights enforcement stated that the Section's testing program has enjoyed "extraordinary success" and has enabled the Department to better fulfill its mission of vigorously enforcing the Fair Housing Act. The program also continued to put significant emphasis on enforcement of fair lending laws. Since 1992 through fiscal year 2002, 17 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 nearly than $65 million in monetary relief. In addition to monetary relief, the settlements in these cases have required changes in banking practices. In the last several years, the Section has increased its efforts to enforce the accessibility provisions of the Act. From fiscal year 1998 through fiscal year 2002, 46 pattern or practice cases were filed, alleging violations of these provisions. In fiscal year 2002, ten of these cases were settled by consent decrees or out-of-court settlements containing monetary relief and important remedial principles and standards, including but not limited to, retrofitting existing units and construction of new units. The Section's enforcement has also achieved several other significant accomplishments. In fiscal year 2002, the Section filed a total of 25 pattern or practice complaints and successfully resolved 22 pattern or practice cases. Consent decrees and court judgments obtained in these cases have been especially significant. A Jackson, Mississippi, jury returned a $451,208 verdict against the owner and manager of numerous rental properties who violated the Fair Housing Act. A Glendale, California, bank agreed to pay $1.6 million for discriminating against Hispanic borrowers. A complaint against the owner of a number of apartment complexes and single-family homes in Danville, Illinois, was resolved with a consent order providing $415,000 in damages to aggrieved persons and a civil penalty. A complaint alleging that Meridian, Mississippi property owners and managers was resolved with a consent order requiring $330,000 in damages for aggrieved persons, a civil penalty and defendants to turn over all management of tenant affairs to an outside company. A complaint alleging that the owners and managers of a Wichita, Kansas nightclub was resolved by consent order requiring the defendants to modify their admission and ID checking policies, train employees, and advertise their new procedures and nondiscrimination policies in English and Spanish.
Financial Information
Account Identification
15-0128-0-1-752.
Obligations
(Salaries and Expenses) FY 02 $13,963,000; and FY 03 est $13,992,000; and FY 04 est $14,708,000.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
None.
Related Programs
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
Examples of Funded Projects
None.
Criteria for Selecting Proposals
None.
