Ala. Code §§ 24-8-1 to 24-8-15 § 24-8-11

Procedures for Investigation; Subpoenas.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026AlabamaFair Housing & Anti-Discrimination

Operative Text

Ala. Code §§ 24-8-1 to 24-8-15 § 24-8-11
(a) In conducting an investigation, the office shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy the materials and take and record the testimony or statements of persons as are reasonably necessary for the furtherance of the investigation, provided the office first complies with the constitutional provisions relating to unreasonable searches and seizures. The office may issue subpoenas to compel its access to or the production of the materials or the appearance of the persons and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. The office may administer oaths. Any examination, recording, copying of materials, and the taking and recording of testimony or statements of persons as reasonably are necessary for the furtherance of the investigation must be solely related to the complaint for which the subpoena was issued.

(b) Upon written application to the office, a respondent is entitled to the issuance of a reasonable number of subpoenas by and in the name of the office to the same extent and subject to the same limitations as subpoenas issued by the office itself. A subpoena issued at the request of a respondent shall show on its face the name and address of the respondent and shall state that it was issued at his request.

(c) Within five days after service of a subpoena upon any person, the person may petition the office to revoke or modify the subpoena. The office shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.

(d) In case of refusal to obey a subpoena, the office or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

(e) Witnesses summoned by a subpoena under this chapter are entitled to the same witness and mileage fees as witnesses in proceedings in court. Fees payable to a witness summoned by a subpoena issued at the request of a party must be paid by that party or, where a party is unable to pay the fees, by the office.
Source: Legislative text reproduced verbatim
Plain English

Section 24-8-11 of the Alabama Fair Housing Act establishes the investigative powers available to the state office when examining housing discrimination complaints. The office may access premises and records, issue subpoenas, administer oaths, and compel testimony, but only within constitutional limits and only as it relates to the specific complaint under investigation. Respondents also have the right to request subpoenas through the office, and any person served with a subpoena has five days to petition for its revocation or modification if the demand is unreasonable or overly burdensome.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 24-8-11, a property owner or manager named as a respondent in a fair housing investigation should be aware that the investigating office holds broad authority to access records, copy documents, and compel testimony through subpoenas. Compliant operators generally maintain organized records and respond to official inquiries in a timely manner, recognizing that the office's investigative reach is constitutionally bounded and limited to the scope of the specific complaint. Respondents also have the affirmative right under this section to request that the office issue subpoenas on their behalf, which is a procedural tool available during the investigation process.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 24-8-11 supports complainants by giving the investigating office strong tools—including subpoenas, document access, and sworn testimony—to gather evidence relevant to a fair housing complaint. If a tenant has filed a complaint, this provision means the office can compel the production of records or the appearance of witnesses that might otherwise be difficult to obtain. Tenants who believe their fair housing rights have been violated may consult a tenant-rights organization to better understand how the investigative process under §§ 24-8-1 to 24-8-15 works and what to expect during an investigation.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Ala. Code § 24-8-14
Ala. Code § 24-8-14
Ala. Code § 24-8-4

Related Rules

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§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

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