Two tracks, two clocks
An aggrieved person may go to HUD administratively or straight to court. The two routes run on different deadlines.
The filing deadlines
- HUD administrative complaint: within 1 year of the discriminatory housing practice, under 42 U.S.C. 3610(a)(1)(A)(i).
- Private civil action in federal or state court: within 2 years, under 42 U.S.C. 3613(a)(1), whether or not a HUD complaint was ever filed.
The exam trap is reversing the two periods. The courthouse gives the longer window. The 100-day figure is HUD's deadline to complete its investigation and make a reasonable cause determination, not a filing deadline. The 180-day and three-year figures appear nowhere in the Act.
Electing court after a charge
Once HUD issues a charge of discrimination, 42 U.S.C. 3612(a) gives either party 20 days after service of the charge to elect a federal civil action brought by the Attorney General instead of a hearing before a HUD administrative law judge.
A HUD administrative law judge sits without a jury, a principal reason to elect court. Binding arbitration is not part of the scheme, and the statute's 10-day periods govern service of notice and the respondent's answer, not any transfer to a state agency.
Civil penalty tiers
Administrative penalties escalate with the respondent's history. The current inflation-adjusted maximums per violation under 24 CFR 180.671 are:
- No prior adjudication: $26,262
- One prior adjudication within the preceding 5 years: $65,653
- Two or more prior adjudications within the preceding 7 years: $131,308
Worked example: a landlord with two prior adjudications in the past six years commits three new violations. Two or more priors within seven years is the top tier, so 3 × $131,308 = $393,924. The first-offense figure three times gives $78,786 and the one-prior tier $196,959; $150,000 comes from the unadjusted base amounts in 42 U.S.C. 3612(g)(3).