216.16A - CIVIL ACTION ELECTED -- HOUSING.
216.16A CIVIL ACTION ELECTED -- HOUSING.
1. a. A complainant, a respondent, or an aggrieved person on
whose behalf the complaint was filed may elect to have the charges
asserted in the complaint decided in a civil action as provided by
section 216.17A.
b. The election must be made not later than twenty days after
the date of receipt by the electing person of service under section
216.15A, subsection 5, or in the case of the commission, not later
than twenty days after the date the determination was issued.
c. The person making the election shall give notice to the
commission and to all other complainants and respondents to whom the
election relates.
d. The election to have the charges of a complaint decided in
a civil action as provided in paragraph "a" is only available if
one of the following is alleged:
(1) It is alleged that there has been a violation of section
216.8 or 216.8A.
(2) It is alleged that there has been a violation of section
216.11 or 216.11A arising out of an alleged violation of the
prohibitions contained in section 216.8 or 216.8A.
2. a. An aggrieved person may file a civil action in district
court not later than two years after the occurrence of the
termination of an alleged discriminatory housing or real estate
practice, or the breach of a mediation agreement entered into under
this chapter, whichever occurs last, to obtain appropriate relief
with respect to the discriminatory housing or real estate practice or
breach.
b. The two-year period does not include any time during which
an administrative hearing under this chapter is pending with respect
to a complaint or charge based on the discriminatory housing or real
estate practice. This subsection does not apply to actions arising
from a breach of a mediation agreement.
c. An aggrieved person may file an action under this
subsection whether or not a discriminatory housing or real estate
complaint has been filed under section 216.15, and without regard to
the status of any discriminatory housing or real estate complaint
filed under that section.
d. If the commission has obtained a mediation agreement with
the consent of an aggrieved person, the aggrieved person shall not
file an action under this subsection with respect to the alleged
discriminatory practice that forms the basis for the complaint except
to enforce the terms of the agreement.
e. An aggrieved person shall not file an action under this
subsection with respect to an alleged discriminatory housing or real
estate practice that forms the basis of a charge issued by the
commission if the commission has begun a hearing on the record under
this chapter with respect to the charge.
f. In an action filed in district court under this
subsection, the court may, upon a finding of discrimination, order
any of the remedies provided for in section 216.17A, subsection 6.
Section History: Recent Form
91 Acts, ch 184, §10
CS91, § 601A.16A
92 Acts, ch 1129, §13, 14
C93, § 216.16A
95 Acts, ch 129, §13, 14
Referred to in § 216.15A, 216.17A