[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR146.45]

[Page 732]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 146_NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
     Subpart D_Investigation, Settlement, and Enforcement Procedures
 
Sec. 146.45  Exhaustion of administrative remedies.

    (a) A complainant may file a civil action following the exhaustion 
of administrative remedies under the Act. Administrative remedies are 
exhausted if:
    (1) 180 days have elapsed since the complainant filed the complaint 
and HUD had made no finding with regard to the complaint; or
    (2) HUD issues any finding in favor of the recipient.
    (b) If HUD fails to make a finding within 180 days or issues a 
finding in favor of the recipient, HUD shall:
    (1) Promptly advise the complainant of this fact;
    (2) Advise the complainant of his or her right to bring a civil 
action for injunctive relief; and
    (3) Inform the complainant:
    (i) That he or she may bring a civil action only in a United States 
District Court for the district in which the recipient is located or 
transacts business;
    (ii) That a complianant prevailing in a civil action has the right 
to be awarded the costs of the action, including reasonable attorney's 
fees, but that the complainant must demand these costs in the complaint;
    (iii) That before commencing the action, the complainant must give 
30 days' notice by registered mail to the Secretary of HUD, the 
Secretary of Health and Human Services, the Attorney General of the 
United States, and the recipient;
    (iv) That the notice must state: the alleged violation of the Act, 
the relief requested, the court in which the complainant is bringing the 
action, and whether or not attorney's fees are demanded in the event the 
complainant prevails; and
    (v) That the complainant may not bring an action if the same alleged 
violation of the Act by the same recipient is the subject of a pending 
action in any court of the United States.