U.S. Code » Title 42 » Chapter CHAPTER 45— FAIR HOUSING › Subchapter SUBCHAPTER I— GENERALLY

42 U.S.C. § 3613

Enforcement by private persons

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(a) Civil action(1)(A) An aggrieved person may commence a civil action in an appropriate United States district 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 subchapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.(B) The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement.(2) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 3610(a) of this title 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 person 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 has commenced a hearing on the record under this subchapter with respect to such charge.(b) Appointment of attorney by courtUpon 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 payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action.(c) Relief 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 permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate).(2) In a civil action under subsection (a), 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 same extent as a private person.(d) Effect on certain sales, encumbrances, and rentals

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 subchapter.

(e) Intervention by Attorney General

Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon such intervention the Attorney General may obtain such relief as would be available to the Attorney General under section 3614(e) of this title in a civil action to which such section applies.

(Pub. L. 90–284, title VIII, § 813, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1633.)Editorial NotesPrior Provisions

A prior section 3613, Pub. L. 90–284, title VIII, § 813, Apr. 11, 1968, 82 Stat. 88, related to enforcement by Attorney General by bringing civil action requesting preventive relief, prior to repeal by Pub. L. 100–430, § 8(2).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 939 cases (242 in the last 5 years), 1969–2026 · leading case: Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (2001).
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Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (2001). · cites it 9× “[2] Petitioners requested attorney's fees as the "prevailing party" under the FHAA, 42 U. S. C. § 3613 (c)(2) ("[T]he court, in its discretion, may allow the prevailing party .”
State Ex Rel. North Dakota Dep't of Labor Ex Rel. Johnson v. Matrix Props. Corp., 2009 ND 137 (N.D. 2009). · cites it 24× “Because we conclude the district court did not err in ruling the State's action is barred by the two-year statute of limitations in 42 U.S.C. § 3613 (a) and N.D.C.C. § 14-02.”
Garcia v. Brockway, 526 F.3d 456 (9th Cir. 2008). · cites it 10× “" 42 U.S.C. § 3613 (a)(1)(A). In other words, an aggrieved person must bring the lawsuit within two years of either "the occurrence .”
LeRoy Smithrud v. City of St. Paul, 746 F.3d 391 (8th Cir. 2014). · cites it 8× “” 42 U.S.C. § 3613 (a)(1)(A). “The computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing practice.”
A Soc'y Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (4th Cir. 2011). · cites it 4× “The district court determined that ASWAN's FHA claims, which have a two-year statute of limitations, see 42 U.S.C. § 3613 (a)(1)(A), were also time barred because ASWAN filed suit more than two years after the opening of the Conrad Center.”
Boykin v. KeyCorp, 521 F.3d 202 (2d Cir. 2008). · cites it 4× “42 U.S.C. § 3613 (a)(1)(A). However, "[t]he computation of such 2-year period shall not include any time during which an administrative proceeding under this subchapter was pending with respect to a complaint or charge under this subchapter based upon such discriminatory housing…”
United States v. East River Hous. Corp., 90 F. Supp. 3d 118 (S.D.N.Y. 2015). · cites it 10× “42 U.S.C. § 3613 (e). Independent of any aggrieved person, the Attorney General may also file suit in any appropriate federal district court where there is reasonable cause to believe that a person or group of persons is engaged in a pattern of practice of resistance to the full…”
Graham v. DaimlerChrysler Corp., 101 P.3d 140 (Cal. 2005). · cites it 4× “" (See 42 U.S.C. § 3613 (c)(2) ["[T]he court, in its discretion, may allow the prevailing party .”
Fed. Aviation Admin. v. Cooper, 132 S. Ct. 1441 (2012). · cites it 3× “C Looking beyond the Privacy Act’s text, respondent points to the use of the term “actual” damages in the remedial provisions of the PHA, 42 U. S. C. § 3613 (c), and the FCRA, 15 U.”
David Foster & Catherine Foster v. Sigmund Barilow & Margaret Barilow, 6 F.3d 405 (6th Cir. 1993). · cites it 5× “On *407 June 2, 1992, the Barilows moved for attorney’s fees and expenses pursuant to 42 U.S.C. § 3613 (e)(2). 2 On June 24, 1992, the Barilows requested an extension of time until July 6, 1992 so that they might submit additional papers in support of their motion for attorney’s…”
Marx v. Gen. Revenue Corp., 133 S. Ct. 1166 (2013). · cites it 2× “may award costs of suit and reasonable fees for attorneys and expert witnesses to the prevailing party”); 42 U. S. C. §3613 (c)(2) (Fair Housing Act) (“In a civil action .”
Lucas v. Riverside Park Condos. Unit Owners Ass'n, 2009 ND 217 (N.D. 2009). · cites it 5× “A [¶ 38] In awarding the Association its costs and attorney fees in this case, the district court relied on 42 U.S.C. § 3613 (c)(2), N.D.C.C. § 14-02.”
Show all 939 citing cases →
— 42 U.S.C. § 3613(1)(A) — 1 case
Johnson Chambers v. Michigan First Credit Union (E.D. Mich. 2024).
— 42 U.S.C. § 3613(a) — 1 case
Discovery Real Est. & Dev., LLC v. Town of St. Francisville (M.D. La. 2022).
— 42 U.S.C. § 3613(a)(1)(A) — 5 cases
Moseke v. Miller & Smith, Inc., 202 F. Supp. 2d 492 (E.D. Va. 2002).
Raver v. Capitol Area Transit, 887 F. Supp. 96 (M.D. Penn. 1995).
Access Living of Metro. Chicago v. City Of Chicago (N.D. Ill. 2024).
Reese v. Park Place Condo. Homeowners Ass'n I (D.D.C. 2023).
Calhoun (W.D. Okla. 2026).
— 42 U.S.C. § 3613(a)(1)(B) — 1 case
Allen v. Hous. Auth., 638 F. App'x 825 (11th Cir. 2015).
— 42 U.S.C. § 3613(a)(2) — 1 case
Judy Shaw Found. v. City of Howard, South Dakota (D.S.D. 2026).
— 42 U.S.C. § 3613(a)(I) — 1 case
Harrell v. South Jordan Care Grp. (D. Utah 2020).
— 42 U.S.C. § 3613(b) — 1 case
(PS) Bryant v. Steinburg (E.D. Cal. 2022).
— 42 U.S.C. § 3613(c) — 3 cases
Fed. Aviation Admin. v. Cooper, 132 S. Ct. 1441 (2012). “C Looking beyond the Privacy Act’s text, respondent points to the use of the term “actual” damages in the remedial provisions of the PHA, 42 U. S. C. § 3613 (c), and the FCRA, 15 U.”
Mary Riggins v. Ronald E. Hill, Linda C. Hill. West Columbia Plaza, Ltd., & Lucky Lindy Dev. (Tex. App. 2015).
Jones v. Ass'n for Rehabilitative Case Mgmt. & Supported Hous. Prog., Inc. (S.D.N.Y. 2020).
— 42 U.S.C. § 3613(c)(1) — 2 cases
Chhang v. West Coast USA Props. LLC (E.D. Cal. 2025).
Pumphrey v. Stephen Homes Inc (4th Cir. 1997).
— 42 U.S.C. § 3613(c)(2) — 2 cases
Nelson v. Long Reef Condo. Homeowners Ass'n (D.V.I. 2024).
Delaware Human & Civil Rights Comm'n v. Welch (Del. Super. Ct. 2025).
— 42 U.S.C. § 3613(e) — 1 case
Auth. of USDA to Award Monetary Relief for Discrimination (OLC 1994).
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