216.15A - ADDITIONAL PROCEEDINGS -- HOUSING DISCRIMINATION.
216.15A ADDITIONAL PROCEEDINGS -- HOUSING
DISCRIMINATION.
1. a. The commission may join a person not named in the
complaint as an additional or substitute respondent if in the course
of the investigation, the commission determines that the person
should be alleged to have committed a discriminatory housing or real
estate practice.
b. In addition to the information required in the notice, the
commission shall include in a notice to a respondent joined under
this subsection an explanation of the basis for the determination
under this subsection that the person is properly joined as a
respondent.
2. a. The commission shall, during the period beginning with
the filing of a complaint and ending with the filing of a charge or a
dismissal by the commission, to the extent feasible, engage in
mediation with respect to the complaint.
b. A mediation agreement is an agreement between a respondent
and the complainant and is subject to commission approval.
c. A mediation agreement may provide for binding arbitration
or other method of dispute resolution. Dispute resolution that
results from a mediation agreement may authorize appropriate relief,
including monetary relief.
d. A mediation agreement shall be made public unless the
complainant and respondent agree otherwise, and the commission
determines that disclosure is not necessary to further the purposes
of this chapter relating to unfair or discriminatory practices in
housing or real estate.
e. The proceedings or results of mediation shall not be made
public or used as evidence in a subsequent proceeding under this
chapter without the written consent of the persons who are party to
the mediation.
f. After the completion of the commission's investigation,
the commission shall make available to the aggrieved person and the
respondent information derived from the investigation and the final
investigation report relating to that investigation.
g. When the commission has reasonable cause to believe that a
respondent has breached a mediation agreement, the commission shall
refer this matter to an assistant attorney general with a
recommendation that a civil action be filed for the enforcement of
the agreement. The assistant attorney general may commence a civil
action in the appropriate district court not later than the
expiration of ninety days after referral of the breach.
3. a. If the commission concludes, following the filing of a
complaint, that prompt judicial action is necessary to carry out the
purposes of this chapter relating to unfair or discriminatory housing
or real estate practices, the commission may authorize a civil action
for appropriate temporary or preliminary relief pending final
disposition of the complaint.
b. On receipt of the commission's authorization, the attorney
general shall promptly file the action.
c. A temporary restraining order or other order granting
preliminary or temporary relief under this section is governed by the
applicable Iowa rules of civil procedure.
d. The filing of a civil action under this section does not
affect the initiation or continuation of administrative proceedings
in regard to an administrative hearing.
4. a. The commission shall prepare a final investigative
report.
b. A final report under this section may be amended by the
commission if additional evidence is discovered.
5. a. The commission shall determine based on the facts
whether probable cause exists to believe that a discriminatory
housing or real estate practice has occurred or is about to occur.
b. The commission shall make its determination under
paragraph "a" not later than one hundred days after a complaint
is filed unless any of the following applies:
(1) It is impracticable to make the determination within that
time period.
(2) The commission has approved a mediation agreement relating to
the complaint.
c. If it is impracticable to make the determination within
the time period provided by paragraph "b", the commission shall
notify the complainant and respondent in writing of the reasons for
the delay.
d. If the commission determines that probable cause exists to
believe that a discriminatory housing or real estate practice has
occurred or is about to occur, the commission shall immediately issue
a determination unless the commission determines that the legality of
a zoning or land use law or ordinance is involved as provided in
subsection 7.
6. a. A determination issued under subsection 5 must include
all of the following:
(1) Must consist of a short and plain statement of the facts on
which the commission has found probable cause to believe that a
discriminatory housing or real estate practice has occurred or is
about to occur.
(2) Must be based on the final investigative report.
(3) Need not be limited to the facts or grounds alleged in the
complaint.
b. Not later than twenty days after the commission issues a
determination, the commission shall send a copy of the determination
with information concerning the election under section 216.16A to all
of the following persons:
(1) Each respondent, together with a notice of the opportunity
for a hearing as provided under subsection 10.
(2) Each aggrieved person on whose behalf the complaint was
filed.
7. If the commission determines that the matter involves the
legality of a state or local zoning or other land use ordinance, the
commission shall not issue a determination and shall immediately
refer the matter to the attorney general for appropriate action.
8. a. If the commission determines that no probable cause
exists to believe that a discriminatory housing or real estate
practice has occurred or is about to occur, the commission shall
promptly dismiss the complaint.
b. The commission shall make public disclosure of each
dismissal under this section.
9. The commission shall not issue a determination under this
section regarding an alleged discriminatory housing or real estate
practice after the beginning of the trial of a civil action commenced
by the aggrieved party under federal or state law seeking relief with
respect to that discriminatory housing or real estate practice.
10. a. If a timely election is not made under section
216.16A, the commission shall provide for a hearing on the charges in
the complaint.
b. Except as provided by paragraph "c", the hearing shall
be conducted in accordance with chapter 17A for contested cases.
c. A hearing under this section shall not be continued
regarding an alleged discriminatory housing or real estate practice
after the beginning of the trial of a civil action commenced by the
aggrieved person under federal or state law seeking relief with
respect to that discriminatory housing or real estate practice.
11. a. If the commission determines at a hearing under
subsection 10 that a respondent has engaged or is about to engage in
a discriminatory housing or real estate practice, the commission may
order the appropriate relief, including actual damages, reasonable
attorney fees, court costs, and other injunctive or equitable relief.
b. To vindicate the public interest, the commission may
assess a civil penalty against the respondent in an amount that does
not exceed the following applicable amount:
(1) Ten thousand dollars if the respondent has not been adjudged
by the order of the commission or a court to have committed a prior
discriminatory housing or real estate practice.
(2) Except as provided by paragraph "c", twenty-five thousand
dollars if the respondent has been adjudged by order of the
commission or a court to have committed one other discriminatory
housing or real estate practice during the five-year period ending on
the date of the filing of the complaint.
(3) Except as provided by paragraph "c", fifty thousand
dollars if the respondent has been adjudged by order of the
commission or a court to have committed two or more discriminatory
housing or real estate practices during the seven-year period ending
on the date of the filing of the complaint.
c. If the acts constituting the discriminatory housing or
real estate practice that is the object of the complaint are
committed by the same natural person who has been previously adjudged
to have committed acts constituting a discriminatory housing or real
estate practice, the civil penalties in paragraph "b",
subparagraphs (2) and (3) may be imposed without regard to the period
of time within which any other discriminatory housing or real estate
practice occurred.
d. At the request of the commission, the attorney general
shall initiate legal proceedings to recover a civil penalty due under
this section. Funds collected under this section shall be paid to
the treasurer of state for deposit in the state treasury to the
credit of the general fund.
12. This section applies only to the following:
a. Complaints which allege a violation of the prohibitions
contained in section 216.8 or 216.8A.
b. Complaints which allege a violation of section 216.11 or
216.11A arising out of alleged violations of the prohibitions
contained in section 216.8 or 216.8A.
13. If a provision of this section applies under the terms of
subsection 12, and the provision of this section conflicts with a
provision of section 216.15, then the provision contained within this
section shall prevail. Similarly, if a provision of section 216.16A
or 216.17A conflicts with a provision of section 216.16 or 216.17,
then the provision contained in section 216.16A or 216.17A shall
prevail. Section History: Recent Form
91 Acts, ch 184, §9
CS91, § 601A.15A
92 Acts, ch 1129, §11, 12; 92 Acts, ch 1163, §108
C93, § 216.15A
2001 Acts, ch 24, §38
Referred to in § 216.11A, 216.16A, 216.17, 216.17A