42 U.S.C. § 3611
Subpoenas; giving of evidence (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this subchapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. Witnesses summoned by a subpoena under this subchapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary. Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both. Any person who, with intent thereby to mislead another person in any proceeding under this subchapter— makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a); willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or willfully mutilates, alters, or by any other means falsifies any documentary evidence;
Under 42 U.S.C. § 3611, the Secretary of Housing and Urban Development holds authority to issue subpoenas and compel discovery during fair housing investigations and hearings, with the same scope and limits that apply in federal civil litigation. Witnesses who appear under these subpoenas are entitled to the same fees paid to witnesses in federal district court proceedings, with costs borne by the requesting party or, when that party cannot pay, by the Secretary. The provision also establishes serious consequences for noncompliance: willfully ignoring a subpoena or lawful order can result in fines up to $100,000 or up to one year of imprisonment, and deliberately falsifying, omitting, or destroying evidence submitted in response to such an order carries similar criminal exposure.
Plain English — not legal advice.
Property owners and managers involved in a fair housing investigation under 42 U.S.C. § 3611 should understand that the Secretary's investigative powers mirror those of a federal civil court, meaning records, documents, and testimony can be compelled through formal legal process. Operators who receive a subpoena or lawful discovery order generally ensure that all responsive documents are preserved in their original form and that any required testimony is provided completely and accurately. Deliberately altering, withholding, or falsifying records in response to a § 3611 order exposes a business or individual to significant federal criminal penalties, making careful document-retention practices an important part of routine compliance operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants involved in a fair housing proceeding, 42 U.S.C. § 3611 means that the Secretary has real investigative muscle — subpoenas can be used to obtain records and testimony from landlords, property managers, or other parties that may be relevant to a complaint. Witnesses called through this process are entitled to standard federal witness and mileage fees, so participation does not necessarily go uncompensated. Tenants who believe relevant evidence is being withheld or destroyed may raise that concern with the investigating agency, consult a tenant-rights organization familiar with HUD enforcement procedures, or explore whether the conduct implicates the criminal penalties established in § 3611.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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