Page:United States Statutes at Large Volume 102 Part 2.djvu/628

 102 STAT. 1632

PUBLIC LAW 100-430—SEPT. 13, 1988

"(k) RELIEF WHICH MAY B E 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 temporary 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 PETITION 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 W H E N 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 maintain, 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 determined 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

�