Section 20-1032 - Civil action by Commission on behalf of aggrieved person.
§ 20-1032. Civil action by Commission on behalf of aggrieved person.
(a) Commencement of action; intervention.-
(1) If an election is made under § 20-1026 of this subtitle, the Commission shall commence and maintain a civil action seeking relief under subsection (b) of this section on behalf of the aggrieved person.
(2) The action shall be:
(i) commenced within 60 days after the election is made; and
(ii) filed in the circuit court for the county where the dwelling that is the subject of the alleged discriminatory housing practice is located.
(3) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in the civil action.
(b) Relief; civil penalties.-
(1) (i) In a civil action under this section, if the court finds that a discriminatory housing practice has occurred, the court may grant any relief, except for punitive damages, that a court could grant with respect to the discriminatory housing practice in a civil action under § 20-1035 of this subtitle.
(ii) Except for punitive damages, any relief that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under § 20-1035 of this subtitle shall also accrue to the aggrieved person in a civil action under this section.
(iii) If monetary relief is sought for the benefit of an aggrieved person that does not intervene in the civil action, the court may not award the relief if the aggrieved person has not complied with discovery orders entered by the court.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, in addition to the relief authorized under paragraph (1) of this subsection, if the court finds that a discriminatory housing practice has occurred, the court may assess a civil penalty against the respondent to vindicate the public interest and to be paid to the General Fund of the State:
1. if the respondent has not been adjudicated to have committed any prior discriminatory housing practice, in an amount not exceeding $10,000;
2. if the respondent has been adjudicated to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of the current charge, in an amount not exceeding $25,000; and
3. if the respondent has been adjudicated to have committed two or more discriminatory housing practices during the 7-year period ending on the date of the filing of the current charge, in an amount not exceeding $50,000.
(ii) If the discriminatory housing practice is committed by an individual who has been previously adjudicated to have committed one or more discriminatory housing practices, the time periods set forth in paragraph (2)(i)2 and 3 of this subsection do not apply.
[An. Code 1957, art. 49B, § 32(l); 2009, ch. 120, § 2.]