Sec. 4. Civil action
271 words·~1 min read·
/bill/117/hr/1847/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any individual aggrieved by an adverse action taken by a lessor or mortgagee for exercising rights under section 2 or 3 may commence a civil action under this section against the lessor or mortgagee violating such section in an appropriate United States district court or State court not later than 2 years after such violation occurs for damages under subsection (b). Any lessor or mortgagee found to have taken adverse action against any lessee or mortgagor for exercising rights under section 2 shall be liable— to the individual aggrieved by such violation, for any actual damages as a result of such adverse action; and for a fine in the amount of— $5,000, in the case of violation that is the first violation by such lessor or mortgagee; $10,000, in the case of violation that is the second violation by such lessor or mortgagee; and $50,000 or forfeiture of the property, in the case of violation that is the third or subsequent violation by such lessor or mortgagee.
In an action brought under this section, the court— may award preventative relief, including a permanent or temporary injunction or other order, to ensure the full rights granted by subsections
(a)and
(b)of section 2 and by subsections
(a)and
(b)of section 3; and shall award any prevailing plaintiff, other than the United States, reasonable attorney’s fee and costs. The Attorney General may bring a civil action in any appropriate United States district court against any individual who violates subsection
(a)or
(b)of section 2 for fines, or subsection
(a)or
(b)of section 3, under subsection (b)(2) of this section.