; and (ii) does not meet the physical condition standards described in section 5.703 of title 24, Code of Federal Regulations, or any successor regulation. (3) Private cause of action (A) In general If the Secretary and an applicable public housing agency fail to restore a failing property included in the public housing inventory of the applicable public housing agency to good condition by the date that is 1 year after the date on which the public housing agency establishes an action plan relating to the failed property under paragraph (2)(C), or, if an applicable public housing agency makes an appeal or a petition under paragraph (2)(B) and that appeal or petition is denied, not later than 1 year after the date on which that appeal or petition is denied, a resident of the failing property may maintain an action against the Secretary in an appropriate district court of the United States. (B) Relief Upon proof that the Secretary and an applicable public housing agency have failed to restore a failing property to good condition by a preponderance of the evidence in an action under subparagraph (A), the court may award appropriate relief to the resident of the failing property who brought the action, including— (i) injunctive relief to require the Secretary to restore the failing property to good condition; (ii) compensatory damages; (iii) the costs of suit